2019 Statutes of Nevada, Pages 369-550

[Rev. 12/20/2019 4:51:13 PM]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 369ê

CHAPTER 67, AB 461

Assembly Bill No. 461–Committee on Education

CHAPTER 67

[Approved: May 16, 2019]

AN ACT relating to education; creating the position of the Liaison for Post-Secondary Education for Homeless Pupils; establishing the duties of the Liaison; authorizing the Board of Regents of the University of Nevada to grant certain waivers of fees for certain pupils; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing federal law provides for the continued secondary education of homeless pupils. (The McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq.) Sections 11.1-11.8 of this bill create the Liaison for Post-Secondary Education for Homeless Pupils within the Nevada System of Higher Education to assist homeless and unaccompanied pupils in pursuing post-secondary education. Sections 11.5 and 11.8 of this bill create the position of the Liaison and authorize the Liaison to take certain actions to fulfill his or her duties to the extent that money is available. Section 11.7 of this bill creates the Account for the Liaison for Post-Secondary Education for Homeless Pupils. Section 11.8 of this bill establishes the duties of the Liaison.

Existing law authorizes the Board of Regents of the University of Nevada to grant a waiver of registration and laboratory fees for certain pupils. (NRS 396.544, 396.5442, 396.5445) Section 11.9 of this bill similarly authorizes the Board of Regents to grant a waiver of registration and laboratory fees for homeless and unaccompanied pupils.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-10. (Deleted by amendment.)

Sec. 11. Chapter 396 of NRS is hereby amended by adding the provisions set forth as sections 11.1 to 11.9, inclusive, of this act.

Sec. 11.1. As used in sections 11.1 to 11.8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 11.2, 11.3 and 11.4 of this act have the meanings ascribed to them in those sections.

Sec. 11.2. “Homeless pupil” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

Sec. 11.3. “Liaison” means the Liaison for Post-Secondary Education for Homeless Pupils.

Sec. 11.4. “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

Sec. 11.5. 1. There is hereby created the Liaison for Post-Secondary Education for Homeless Pupils within the System.

2. The Governor shall, to the extent that money is available for that purpose, appoint the Liaison for Post-Secondary Education for Homeless Pupils for a term of 4 years. The Liaison is in the unclassified service of the State. The person appointed:

(a) Must be knowledgeable in the various issues relating to homeless and unaccompanied pupils, including, without limitation, the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq.;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 370 (CHAPTER 67, AB 461)ê

(b) Must be independent of and have no pecuniary interest in any organization or entity that provides services to homeless and unaccompanied pupils;

(c) Except as otherwise provided in NRS 284.143, shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit; and

(d) Must not be a member of any political convention or a member of any committee of any political party.

3. The Governor may remove the Liaison from office for inefficiency, neglect of duty or malfeasance in office.

Sec. 11.6. To the extent that money is available, the Liaison may:

1. Employ such staff as is necessary to carry out his or her duties and the functions of his or her office, in accordance with the personnel practices and procedures established within the System. The Liaison has sole discretion to employ and remove any member of his or her staff.

2. Purchase necessary equipment.

3. Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the State Board of Examiners.

4. Perform such other functions and make such other arrangements as may be necessary to carry out his or her duties and the functions of his or her office.

Sec. 11.7. 1. The Board of Regents may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of sections 11.1 to 11.8, inclusive, of this act.

2. All gifts, grants and donations from any source which the Board of Regents is authorized to accept must be deposited with the State Treasurer for credit to the Account for the Liaison for Post-Secondary Education for Homeless Pupils, which is hereby created in the State General Fund. The Board of Regents shall administer the Account. The money in the Account must be expended only to pay the costs of administering sections 11.1 to 11.8, inclusive, of this act.

3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money 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.

Sec. 11.8. 1. To the extent that money is available, the Liaison shall:

(a) Conduct an annual analysis of homeless and unaccompanied pupils in this State to assess the needs of such pupils;

(b) Develop a database to track, monitor and analyze trends in the rates of graduation and retention of homeless and unaccompanied pupils;

(d) Collaborate with persons at a high school responsible for assisting homeless and unaccompanied pupils;

(e) Collaborate with high schools to identify homeless and unaccompanied pupils to refer such pupils to appropriate support services after the admission of such pupils to an institution of higher education within this State;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 371 (CHAPTER 67, AB 461)ê

(f) Establish connections between and collaborate with financial aid offices, student support services and campus housing services of institutions of higher education within this State;

(g) Identify and refer homeless and unaccompanied pupils to mentoring programs;

(h) Increase awareness among teachers, instructors, professors and other staff members of institutions of higher education who work with pupils on issues relating to homeless and unaccompanied pupils, including, without limitation, identifying such pupils and referring such pupils to appropriate resources;

(i) Establish and maintain a database of food banks, clothing banks and low-cost health care providers, to be provided, without limitation, to financial aid offices and student support services of institutions of higher education within this State;

(j) Identify and coordinate with food banks and clothing banks or establish one or more food banks or clothing banks on a campus of an institution of higher education within this State to provide services to homeless and unaccompanied pupils;

(k) Establish a plan for housing homeless and unaccompanied pupils when campus housing is not available, including, without limitation, establishing a list of host homes in the local community and keeping one or more campus housing buildings open; and

(l) Apply for and accept grants awarded through the College Cost Reduction and Access Act of 2007, Public Law 110-84.

2. As used in this section, “institution of higher education” has the meaning ascribed to it in NRS 385.102.

Sec. 11.9. 1. The Board of Regents may grant a waiver of registration fees and laboratory fees for a person who is identified as a homeless or unaccompanied pupil. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.

2. A person is eligible for a waiver pursuant to subsection 1 if the person maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.

3. A person may use a waiver granted pursuant to subsection 1 for 10 years after the person attains the age of 18 years or, if the person enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment.

4. The Board of Regents may request documentation from a person requesting a waiver pursuant to subsection 1 as it deems necessary to verify that such a person was a homeless or unaccompanied pupil.

5. As used in this section:

(a) “Homeless pupil” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(b) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).

Sec. 12. This act becomes effective on July 1, 2019.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 372ê

CHAPTER 68, SB 117

Senate Bill No. 117–Senators Ratti and D. Harris

Joint Sponsor: Assemblywoman Krasner

CHAPTER 68

[Approved: May 16, 2019]

AN ACT relating to real property; authorizing certain persons to record a declaration relating to real property under certain circumstances; revising certain provisions concerning restrictions and prohibitions relating to real property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that any provision in a written instrument which purports to forbid or restrict a conveyance, encumbrance, leasing or mortgaging of real property to any person on the basis of race, color, religion, ancestry, national origin, sexual orientation, or gender identity or expression is voidable by the grantee or the grantee’s successors and assigns and that such a restriction or prohibition may be voided by such a person by filing an affidavit with the county recorder declaring the restriction or prohibition void. Existing law also provides that any restriction or prohibition by way of covenant, condition upon use or occupation, or transfer of title to real property, which restricts or prohibits the use or occupation of real property based on the acquirer’s, user’s or occupier’s race, color, religion, ancestry, national origin, sexual orientation, or gender identity or expression is voidable and that such a restriction or prohibition may be voided by the grantee or grantee’s successors and assigns by filing an affidavit with the county recorder declaring the restriction or prohibition void. (NRS 111.237)

Section 1.5 of this bill provides that any restriction or prohibition based on race, color, religion, ancestry, national origin, sexual orientation, or gender identity or expression is void, instead of voidable, eliminating the requirement to file an affidavit with the county recorder to void such a provision. Section 1.5 also adds disability, familial status and sex to the list of restrictions and prohibitions which are void.

Section 1.5 authorizes an owner or owners of real property that is subject to a restriction or prohibition that is void and unenforceable by operation of law to record a declaration of removal of discriminatory restriction that acts to remove such a provision from the original recorded instrument. Section 1.5 requires: (1) the owner or owners to file the declaration with the county recorder of the county in which the real property is located; and (2) the county recorder to record and index the declaration under certain circumstances. Section 1 of this bill requires the Real Estate Division of the Department of Business and Industry to create the declaration form. Section 1 also requires the declaration form to contain certain information.

Existing law prohibits a county recorder from recording certain documents related to real property unless the document being recorded contains certain information. (NRS 111.312) Section 2 of this bill additionally prohibits the county recorder from recording a declaration of removal of discriminatory restriction unless the declaration contains the required information.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 373 (CHAPTER 68, SB 117)ê

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 111 of NRS is hereby amended by adding thereto a new section to read as follows:

1. The Real Estate Division of the Department of Business and Industry shall:

(a) Solicit recommendations from the county recorder of each county concerning the design and contents of a form that may be used to make a declaration of removal of a discriminatory restriction pursuant to NRS 111.237.

(b) Prescribe such a form after considering all recommendations solicited pursuant to paragraph (a).

2. The form must provide for the inclusion of the following:

(a) Identifying information concerning the original written instrument that contains a prohibition or restriction that is void and unenforceable pursuant to NRS 111.237;

(b) The name or names of the owner or owners of the property;

(d) The legal description of the real property as provided in the original written instrument;

(e) The mailing address of the owner or owners of the property; and

(f) The following statements in 14-point font, in substantially the following form:

(1) The referenced original written instrument contains discriminatory restrictions that are void and unenforceable pursuant to NRS 111.237. This declaration removes from the referenced original instrument all provisions that are void and unenforceable pursuant to NRS 111.237 and is valid solely for that purpose; and

(2) All persons in this State shall have an equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression pursuant to chapter 118 of NRS.

3. The form must be made available, free of charge:

(a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established pursuant to NRS 645.170 and on any Internet website maintained by the Division; and

(b) By the county recorder at the office of the county recorder and on any Internet website maintained by the county recorder in his or her official capacity.

Sec. 1.5. NRS 111.237 is hereby amended to read as follows:

111.237 1. Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is [voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3] void and unenforceable and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is [voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 374 (CHAPTER 68, SB 117)ê

to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is [voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.] void and unenforceable.

2. Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is [voidable by the grantee, the grantee’s successors and assigns in the manner prescribed in subsection 3.] void and unenforceable.

3. [The owner or owners of any real property subject to any restriction or prohibition specified in subsections 1 and 2 may record an affidavit declaring such restrictions or prohibitions to be void in the office of the county recorder in which such real property is located, and such recording shall operate to remove such restrictions or prohibitions.] The owner or owners of any real property subject to a restriction or prohibition that is void and unenforceable by operation of law pursuant to subsection 1 or 2 may record a form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to section 1 of this act declaring that all such restrictions or prohibitions are removed from the referenced original written instrument.

4. The form must be completed and signed by the owner or owners of the real property and filed in the office of the county recorder in which the real property is located.

5. If the form is filed with the appropriate county recorder pursuant to subsection 4, the county recorder shall record and index the form with any other restriction or prohibition upon real property, including, without limitation, real property within a common-interest community pursuant to chapter 116 of NRS.

6. If the form is not filed with the county recorder of the appropriate county pursuant to subsection 4, the county recorder shall transfer the form to the county recorder of the appropriate county for recording and indexing in the manner described in subsection 5.

7. Nothing in this section regarding familial status shall be construed to apply to housing for older persons so long as such housing complies with the requirements of 42 U.S.C. § 3607.

8. As used in this section:

(a) “Disability” means, with respect to a person:

(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

(2) A record of such an impairment; or

(3) Being regarded as having such an impairment.

(b) “Familial status” means the fact that a person:

(1) Lives with a child under the age of 18 and has:

(I) Lawful custody of the child; or

(II) Written permission to live with the child from the person who has lawful custody of the child;

(2) Is pregnant; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 375 (CHAPTER 68, SB 117)ê

(3) Has begun the proceeding to adopt or otherwise obtain lawful custody of a child.

Sec. 2. NRS 111.312 is hereby amended to read as follows:

111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a declaration of removal of discriminatory restriction, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, any conveyance of real property or instrument in writing setting forth an agreement to convey real property or a notice pursuant to NRS 111.3655 unless the document being recorded contains:

(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and

(b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The parcel number must comply with the current system for numbering parcels used by the county assessor’s office. The county recorder is not required to verify that the assessor’s parcel number is correct.

2. Any document relating exclusively to the transfer of water rights may be recorded without containing the assessor’s parcel number of the property.

3. The county recorder shall not record with respect to real property any deed, including, without limitation:

(a) A grant, bargain or deed of sale;

(b) Quitclaim deed;

(d) Trustee’s deed upon sale,

Ê unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.

4. The assessor’s parcel number shall not be deemed to be a complete legal description of the real property conveyed.

5. Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.

6. If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.

Sec. 3. This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, and on October 1, 2019, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 376ê

CHAPTER 69, AB 110

Assembly Bill No. 110–Committee on Growth and Infrastructure

CHAPTER 69

[Approved: May 16, 2019]

AN ACT relating to public safety; requiring the Director of the Department of Motor Vehicles to release the contact information of a person who has been issued a traffic citation to a court or its traffic violations bureau under certain circumstances; revising provisions governing citations for minor traffic and related violations; revising provisions relating to hearings on alleged traffic and related violations; prohibiting the issuance of a bench warrant for a person’s failure to appear in court for a parking violation in certain circumstances; removing the time limitation on the imposition of certain administrative assessments for the provision of court facilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth provisions relating to the release and use of files and records of the Department of Motor Vehicles. (NRS 481.063) Section 1 of this bill requires the Director of the Department to release to a court or its traffic violations bureau, upon request, the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the person’s driver’s license or the title or registration of the person’s vehicle for the purpose of enabling the court to provide notifications concerning the traffic citation to the person.

Existing law requires every traffic enforcement agency in this State to provide traffic citations which must be issued in books or available through an electronic device that is used to prepare citations. (NRS 484A.610) Section 3 of this bill authorizes such traffic citations to be designed in a certain manner.

Existing law authorizes a peace officer to prepare and deliver a traffic citation to a person who has committed a traffic violation that is punishable as a misdemeanor if the person is not taken before a magistrate. Such a traffic citation must include certain information concerning the person charged with the violation and a notice to appear in court at a time that is at least 5 days after the alleged violation, unless the person charged with the violation demands an earlier hearing. (NRS 484A.630) Section 4 of this bill: (1) authorizes a peace officer to request, and a person to provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is required to appear to communicate with the person; and (2) removes the ability of the person to demand a hearing at a time earlier than 5 days after the alleged violation.

Existing law provides that if a traffic citation for a parking violation is issued to a person who has not signed the citation, a bench warrant may be issued for the person’s failure to appear before the court if: (1) a notice is mailed to the person within 60 days after the citation is issued; and (2) the person does not appear within 20 days after the date of the notice or the notice to appear is returned as undeliverable. (NRS 484A.700) Section 6 of this bill prohibits the issuance of a bench warrant if such a notice to appear is returned as undeliverable.

Section 2 of this bill authorizes a court having jurisdiction over an offense for which a traffic citation may be issued or its traffic violations bureau to establish a system by which the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make, in certain circumstances and in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court, a plea and statement of his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 377 (CHAPTER 69, AB 110)ê

her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means. Section 2 also: (1) requires that if such a system is established and a person uses the system to make a plea and statement of his or her defense or any mitigating circumstances, such a plea and statement must be received by the court before the day on which the person is required to appear in court pursuant to the traffic citation; and (2) provides that if a person uses the system to make a plea and statement of his or her defense or any mitigating circumstances, the person waives his or her right to a trial and the right to confront any witnesses. Section 2 additionally sets forth the requirements that any such system must meet and authorizes the Nevada Supreme Court to adopt rules relating to the establishment of such a system. Section 5 of this bill makes a conforming change to provide that using the system to make a plea and state a defense or any mitigating circumstances does not constitute a failure to appear in court.

Existing law provides that a county or city may authorize, by ordinance, the justices or judges of the justice or municipal courts within its jurisdiction to impose for a period of not longer than 50 years an administrative assessment for the provision of court facilities. (NRS 176.0611) Section 6.5 of this bill removes the 50-year limitation on the imposition of such an administrative assessment.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 481.063 is hereby amended to read as follows:

481.063 1. The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

2. Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

3. Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

(b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 378 (CHAPTER 69, AB 110)ê

(c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

4. If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

(a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

(b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

5. Except as otherwise provided in subsections 2, 4 , [and] 6 and 7 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

6. Except as otherwise provided in paragraph (a) and subsection [7,] 8, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

(a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

(1) The safety of drivers of motor vehicles;

(2) Safety and thefts of motor vehicles;

(3) Emissions from motor vehicles;

(4) Alterations of products related to motor vehicles;

(5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

(6) Monitoring the performance of motor vehicles;

(7) Parts or accessories of motor vehicles;

(8) Dealers of motor vehicles; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 379 (CHAPTER 69, AB 110)ê

(9) Removal of nonowner records from the original records of motor vehicle manufacturers.

(d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

(e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

(f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

(g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

(h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

(i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

(j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

7. Upon the request of a court or its traffic violations bureau, the Director shall release the mailing address and contact information of a person who has been issued a traffic citation that is filed with the court or traffic violations bureau from a file or record relating to the driver’s license of the person or the title or registration of the person’s vehicle for the purpose of enabling the court or traffic violations bureau to provide notifications concerning the traffic citation to the person.

8. Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

(a) Each person to whom the information is provided; and

(b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

[8.] 9. Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

[9.] 10. Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

[10.] 11. The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 380 (CHAPTER 69, AB 110)ê

status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.

[11.] 12. The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

(a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

(b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

(d) Understands that a violation of the provisions of this section is a criminal offense.

[12.] 13. It is unlawful for any person to:

(a) Make a false representation to obtain any information from the files or records of the Department.

(b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

[13.] 14. As used in this section:

(a) “Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.

(b) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular crashes or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

Sec. 2. Chapter 484A of NRS is hereby amended by adding thereto a new section to read as follows:

1. A court having jurisdiction over an offense for which a traffic citation may be issued pursuant to NRS 484A.630 or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection 5, the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 381 (CHAPTER 69, AB 110)ê

violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.

2. Except as otherwise provided in subsection 5, if a court or traffic violations bureau has established a system pursuant to subsection 1, a person who has been issued a traffic citation that is filed with the court or traffic violations bureau may, if allowed by the court and in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court, make a plea and state his or her defense or any mitigating circumstances by using the system. Any such plea and statement must be received by the court before the date on which the person is required to appear in court pursuant to the traffic citation.

3. If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives his or her right to a trial and the right to confront any witnesses.

4. Any system established pursuant to subsection 1 must:

(a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances is the person to whom the traffic citation was issued, be capable of requiring the person to submit any of the following information, at the discretion of the court or traffic violations bureau:

(1) The traffic citation number;

(2) The name and address of the person;

(3) The state registration number of the person’s vehicle, if any;

(4) The number of the driver’s license of the person, if any;

(5) The offense charged; or

(6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection 6.

(b) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigating circumstances that the person waives his or her right to a trial and the right to confront any witnesses.

(c) If a plea and statement of the defense or mitigating circumstances is submitted by electronic mail, over the Internet or by other electronic means, confirm receipt of the plea and statement or make available to the person making the plea a copy of the plea and statement.

5. A person who has been issued a traffic citation for any of the following offenses may not make a plea and state his or her defense or any mitigating circumstances by using a system established pursuant to subsection 1:

(a) Aggressive driving in violation of NRS 484B.650;

(b) Reckless driving in violation of NRS 484B.653;

(d) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 488.410, as applicable.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 382 (CHAPTER 69, AB 110)ê

6. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this section.

Sec. 3. NRS 484A.610 is hereby amended to read as follows:

484A.610 1. Every traffic enforcement agency in this State shall provide in appropriate form traffic citations containing notices to appear which must meet the requirements of chapters 484A to 484E, inclusive, of NRS and be:

(a) Issued in books; or

(b) Available through an electronic device used to prepare citations.

2. The chief administrative officer of each traffic enforcement agency is responsible for the issuance of such books and electronic devices and shall maintain a record of each book, each electronic device and each citation contained therein issued to individual members of the traffic enforcement agency and volunteers of the traffic enforcement agency appointed pursuant to NRS 484B.470. The chief administrative officer shall require and retain a receipt for every book and electronic device that is issued.

3. Any traffic citation provided by a traffic enforcement agency pursuant to this section may be designed such that the traffic citation:

(a) Clearly states at the top of the citation the purpose of the citation and the actions that must be taken by the person to whom the citation is issued;

(b) Provides in a conspicuous location near the top of the citation fields for the date and time when and the location where the person to whom the citation is issued is required to appear in court; and

Sec. 4. NRS 484A.630 is hereby amended to read as follows:

484A.630 1. Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer may prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada,” containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the number of the person’s driver’s license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The peace officer may also request, and the person may provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is required to appear to communicate with the person. If the peace officer requests such information, the peace officer shall expressly inform the person that providing such information is voluntary and, if the person provides such information, the person thereby gives his or her consent for the court to communicate with the person through such means. The peace officer shall sign the citation and deliver a copy of the citation to the person charged with the violation. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.

2. The time specified in the notice to appear must be at least 5 days after the alleged violation . [unless the person charged with the violation demands an earlier hearing.]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 383 (CHAPTER 69, AB 110)ê

3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484A.750.

4. The person charged with the violation may give his or her written promise to appear in court by signing at least one copy of the traffic citation prepared by the peace officer and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the peace officer shall indicate on the electronic record of the citation whether the person charged gave his or her written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his or her written promise to appear suffices as proof of service.

5. If the person charged with the violation refuses to sign a copy of the traffic citation but accepts a copy of the citation delivered by the peace officer:

(a) The acceptance shall be deemed personal service of the notice to appear in court;

(b) A copy of the citation signed by the peace officer suffices as proof of service; and

Sec. 5. NRS 484A.670 is hereby amended to read as follows:

484A.670 1. [Regardless] Unless a person makes a plea by using a system established by a court or traffic violations bureau in accordance with section 2 of this act, regardless of the disposition of the charge for which a traffic citation was originally issued, it is unlawful for a person to:

(a) Violate a written promise to appear in court given to a peace officer upon the issuance of a traffic citation prepared by the peace officer; or

(b) Fail to appear at the time and place set forth in a notice to appear in court that is contained in a traffic citation prepared by a peace officer.

2. Except as otherwise provided in this subsection, a person may comply with a written promise to appear in court or a notice to appear in court by an appearance by counsel. A person who has been convicted of two or more moving traffic violations in unrelated incidents within a 12-month period and is subsequently arrested or issued a citation within that 12-month period shall appear personally in court with or without counsel.

3. [A] Unless a person makes a plea by using a system established by a court or traffic violations bureau in accordance with section 2 of this act, a warrant may issue upon a violation of a written promise to appear in court or a failure to appear at the time and place set forth in a notice to appear in court.

Sec. 6. NRS 484A.700 is hereby amended to read as follows:

484A.700 1. A traffic citation for a parking violation may be prepared manually or electronically.

2. [When] Except as otherwise provided in subsection 3, when a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not signed the citation, a bench warrant may [not] be issued for that person for failure to appear before the court [unless:] if:

(a) A notice to appear concerning the violation is first sent to the person by first-class mail within 60 days after the citation is issued; and

(b) The person does not appear within 20 days after the date of the notice . [or]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 384 (CHAPTER 69, AB 110)ê

3. A bench warrant may not be issued pursuant to subsection 2 if the notice to appear is returned with a report that it cannot be delivered.

Sec. 6.5. NRS 176.0611 is hereby amended to read as follows:

176.0611 1. A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justice or municipal courts within its jurisdiction to impose , [for not longer than 50 years,] in addition to the administrative assessments imposed pursuant to NRS 176.059, 176.0613 and 176.0623, an administrative assessment for the provision of court facilities.

2. Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment. If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.

3. The provisions of subsection 2 do not apply to:

(a) An ordinance regulating metered parking; or

(b) An ordinance that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

4. The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

5. If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section;

(c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613;

(d) To pay the unpaid balance of an administrative assessment for obtaining a biological specimen and conducting a genetic marker analysis pursuant to NRS 176.0623; and

(e) To pay the fine.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 385 (CHAPTER 69, AB 110)ê

6. The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

(a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

(b) Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

(e) Acquire advanced technology for use in the additional or renovated facilities.

(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.

Ê Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

7. The money collected for administrative assessments for the provision of court facilities in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:

(a) Acquire land on which to construct additional facilities for the justice courts or a regional justice center that includes the justice courts.

(b) Construct or acquire additional facilities for the justice courts or a regional justice center that includes the justice courts.

(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justice courts or a regional justice center that includes the justice courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

(e) Acquire advanced technology for use in the additional or renovated facilities.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 386 (CHAPTER 69, AB 110)ê

(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts.

Ê Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

8. If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

Sec. 7. The amendatory provisions of section 6 of this act apply to a notice to appear that is mailed on or after October 1, 2019.

________

CHAPTER 70, SB 17

Senate Bill No. 17–Committee on Health and Human Services

CHAPTER 70

[Approved: May 16, 2019]

AN ACT relating to the support of children; revising the procedure for the suspension of certain licenses and permits issued by the Department of Wildlife to a person who has failed to comply with certain subpoenas or warrants or who is in arrears in the payment of support for one or more children; removing provisions exempting certain recreational licenses, certificates and permits from suspension for noncompliance with a subpoena or warrant or nonpayment of support for one or more children; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing federal law requires each state to establish procedures under which the state has the authority to withhold or suspend professional, occupational and recreational licenses of a person who: (1) has failed, after receiving notice, to comply with a subpoena or warrant relating to paternity or child support proceedings; or (2) is in arrears in the payment of support for one or more children. (42 U.S.C. § 666) Existing law requires a district court to provide to the Secretary of State and all agencies that issue professional, occupational and recreational licenses, certificates or permits a copy of a court order determining that a person: (1) has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or (2) is in arrears in the payment of support for one or more children. The court order must provide that if the person does not submit certain proof of compliance with the subpoena or warrant or satisfaction of the arrearage to the Secretary of State or agency that has issued such a license, certificate or permit to that person, as applicable, the state business license and any professional, occupational or recreational licenses issued to the person will be automatically suspended.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 387 (CHAPTER 70, SB 17)ê

agency that has issued such a license, certificate or permit to that person, as applicable, the state business license and any professional, occupational or recreational licenses issued to the person will be automatically suspended. (NRS 425.540) Under existing law, if the Department of Wildlife receives such a court order that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who holds a license or permit to hunt, fish or trap, the Department is required to suspend a license or permit to hunt, fish or trap which was issued to that person and which expires 6 months or more after it is issued, unless, within 30 days after the issuance of the court order, the Department receives certain proof of compliance with the subpoena or warrant or satisfaction of the arrearage. (NRS 425.540, 502.115, 503.5835)

Sections 2 and 3 of this bill remove the requirement for a district court to provide to the Department a copy of a court order providing for the suspension of all licenses and permits to hunt, fish or trap. Instead, section 1 of this bill requires the district attorney or other public agency collecting support for children to report to the Department the name of a person who has, after receiving notice, failed to comply with a subpoena or warrant relating to paternity or child support proceedings or who is in arrears in the payment of support for one or more children. Under section 1, for a person who receives a notice of failure to comply with a subpoena or warrant relating to paternity or child support proceedings or arrearage in the payment of support for one or more children and who requests a hearing, the district attorney or other public agency collecting support for children is required to report the name of that person to the Department only if: (1) a master, after a hearing, determines that the person has failed to comply with a subpoena or warrant or that the person is in arrears in the payment of support for one or more children; and (2) the determination of the master is approved by the district court.

Sections 5 and 7 of this bill require the Department to suspend a license or permit to hunt, fish or trap upon receipt of the report from the district attorney or other public agency collecting support for children indicating that the holder of the license or permit has, after receiving notice, failed to comply with a subpoena or warrant relating to paternity or child support proceedings or is in arrears in the payment of support for child support unless, within 30 days, the holder of the license or permit provide certain proof of compliance with the subpoena or warrant or satisfaction of the arrearage.

Under existing law, a license or permit to hunt, fish or trap that expires less than 6 months after the license or permit is issued is not subject to suspension because the holder of the license or permit has failed to comply with a subpoena or warrant relating to paternity or child support proceedings or is in arrears in the payment of child support. (NRS 425.540, 502.115, 503.5835) Sections 3-6 of this bill remove the exception to suspension for licenses or permits to hunt, fish or trap that expire less than 6 months after the license or permit is issued and, thus, make any license or permit to hunt, fish or trap subject to suspension because the holder of the license or permit has failed to comply with a subpoena or warrant relating to paternity or child support proceedings or is in arrears in the payment of child support.

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 425.510 is hereby amended to read as follows:

425.510 1. Each district attorney or other public agency collecting support for children shall send a notice by first-class mail to each person who:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 388 (CHAPTER 70, SB 17)ê

(b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsection 2 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

2. If the person does not, within 30 days after the person receives the notice required by subsection 1:

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560; or

Ê the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles [.] and to the Department of Wildlife.

3. Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

4. If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required pursuant to subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable. If the master determines that the person has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child, the master shall include in the notice the information set forth in subsection 5. If the master determines that the person is in arrears in the payment for the support of one or more children, the master shall include in the notice the information set forth in subsection 6.

5. If the master determines that a person who requested a hearing pursuant to subsection 2 has not complied with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department [.] of Motor Vehicles and to the Department of Wildlife.

6. If the master determines that a person who requested a hearing pursuant to subsection 2 is in arrears in the payment for the support of one or more children, the master shall notify the person that if the person does not immediately agree to enter into a plan for the repayment of the arrearages that is approved by the district attorney or other public agency, the driver’s license and motorcycle driver’s license of the person and any license or permit to hunt, fish or trap issued by the Department of Wildlife to the person pursuant to chapters 502 and 503 of NRS, may be subject to suspension. If the person does not agree to enter into such a plan and the district court issues an order approving the recommendation of the master, the district attorney or other public agency shall report the name of that person to the Department of Motor Vehicles [.] and to the Department of Wildlife.

7. The district attorney or other public agency shall, within 5 days after the person who has failed to comply with a subpoena or warrant or is in arrears in the payment for the support of one or more children complies with the subpoena or warrant or satisfies the arrearage pursuant to NRS 425.560, notify the Department of Motor Vehicles and the Department of Wildlife that the person has complied with the subpoena or warrant or has satisfied the arrearage.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 389 (CHAPTER 70, SB 17)ê

notify the Department of Motor Vehicles and the Department of Wildlife that the person has complied with the subpoena or warrant or has satisfied the arrearage.

8. For the purposes of this section, a person shall be deemed to have received a notice 3 days after it is mailed, by first-class mail, postage prepaid, to that person at the last known address of the person.

Sec. 2. NRS 425.530 is hereby amended to read as follows:

425.530 1. Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

2. If the person does not, within 30 days after the person receives the notice required by subsection 1:

(a) Comply with the subpoena or warrant;

(b) Satisfy the arrearage pursuant to NRS 425.560; or

Ê the district attorney or other public agency shall request in writing that the master suspend all professional, occupational and recreational licenses, certificates and permits issued to that person, and any state business license issued to that person if he or she is conducting business in this State as a sole proprietor.

4. If the master receives from a district attorney or other public agency a request to suspend the professional, occupational and recreational licenses, certificates and permits issued to a person, and any state business license issued to that person if he or she is conducting business in this State as a sole proprietor, the master shall enter a recommendation determining whether the person:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish, modify or enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one or more children.

Ê As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

5. If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable.

6. As used in this section, “professional, occupational and recreational licenses, certificates and permits” does not include licenses and permits to hunt, fish or trap issued by the Department of Wildlife pursuant to chapters 502 and 503 of NRS.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 390 (CHAPTER 70, SB 17)ê

and permits to hunt, fish or trap issued by the Department of Wildlife pursuant to chapters 502 and 503 of NRS.

Sec. 3. NRS 425.540 is hereby amended to read as follows:

425.540 1. If a master enters a recommendation determining that a person:

(a) Has failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one or more children,

Ê and the district court issues an order approving the recommendation of the master pursuant to NRS 425.3844, the court shall provide a copy of the order to the Secretary of State and all agencies that issue professional, occupational or recreational licenses, certificates or permits.

2. A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional, occupational or recreational license, certificate or permit to that person, and to the Secretary of State if he or she conducts business in this State as a sole proprietor, a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, the professional, occupational or recreational licenses issued to the person by that agency, or the state business license issued to the person to conduct business in this State as a sole proprietor by the Secretary of State, will be automatically suspended. Such an order must not apply to a license, certificate or permit issued by [the Department of Wildlife or] the State Land Registrar if that license, certificate or permit expires less than 6 months after it is issued.

3. If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

(a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

(b) If the person is in arrears in the payment for the support of one or more children:

(1) A copy of the court order;

(2) A statement of the amount of the arrearage; and

(3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

4. As used in this section, “professional, occupational and recreational licenses, certificates and permits” does not include licenses and permits to hunt, fish or trap issued by the Department of Wildlife pursuant to chapters 502 and 503 of NRS.

Sec. 4. NRS 502.063 is hereby amended to read as follows:

502.063 The Department shall, upon request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, submit to the Division of Welfare and Supportive Services the name, address and social security number of each person who holds a license or permit to hunt, fish or trap , [that does not expire less than 6 months after it is issued,] or a license to practice commercial taxidermy, and any pertinent changes in that information.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 391 (CHAPTER 70, SB 17)ê

Sec. 5. NRS 502.115 is hereby amended to read as follows:

502.115 1. If the Department receives [a] :

(a) A copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license [or permit to hunt, fish or trap that does not expire less than 6 months after it is issued, or a license] to practice commercial taxidermy [, the] ; or

(b) A report made pursuant to NRS 425.510 that provides for the suspension of all licenses and permits to hunt, fish or trap,

Ê the Department shall deem the license or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued or the report was received, as applicable, unless the Department receives a notice or letter issued [to the holder of the license or permit] by the district attorney or other public agency pursuant to NRS 425.510 or 425.550 , as applicable, stating that the holder of the license or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a license or permit to hunt, fish or trap or a license to practice commercial taxidermy that has been suspended in connection with a report pursuant to NRS 425.510 or by a district court pursuant to NRS 425.540 , as applicable, if the Department receives a notice or letter issued by the district attorney or other public agency pursuant to NRS 425.510 or 425.550 [to the person whose license or permit was suspended] , as applicable, stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 6. NRS 503.5833 is hereby amended to read as follows:

503.5833 The Department shall, upon request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, submit to the Division of Welfare and Supportive Services the name, address and social security number of each person who holds a permit or license issued pursuant to NRS 503.582 or 503.583 [that does not expire less than 6 months after it is issued] and any pertinent changes in that information.

Sec. 7. NRS 503.5835 is hereby amended to read as follows:

503.5835 1. If the Department receives a [copy of a court order] report issued pursuant to NRS [425.540] 425.510 that provides for the suspension of all [professional, occupational and] recreational licenses [, certificates] and permits issued to a person who is the holder of a permit or license issued pursuant to NRS 503.582 or 503.583 , [that does not expire less than 6 months after it is issued,] the Department shall deem the permit or license issued to that person to be suspended at the end of the 30th day after the date on which the [court order] report was issued unless the Department receives [a letter issued to the holder of the permit or license by] notice from the district attorney or other public agency pursuant to NRS [425.550] 425.510 stating that the holder of the permit or license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a permit or license issued pursuant to NRS 503.582 or 503.583 that has been suspended by a district court pursuant to NRS [425.540] 425.510 if the Department receives a [letter] notice issued by the district attorney or other public agency pursuant to NRS [425.550 to the person whose permit or license was suspended] 425.510 stating that the person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 392 (CHAPTER 70, SB 17)ê

person whose permit or license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 8. This act becomes effective on July 1, 2019, and expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

2. Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

CHAPTER 71, SB 18

Senate Bill No. 18–Committee on Health and Human Services

CHAPTER 71

[Approved: May 16, 2019]

AN ACT relating to services for persons with intellectual and developmental disabilities; revising the financial information that a provider of jobs and day training services is required to submit to be certified to provide such services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a partnership, firm, corporation or association that wishes to provide jobs and day training services to persons with intellectual or developmental disabilities to be certified by the Aging and Disability Services Division of the Department of Health and Human Services. (NRS 435.225) Existing law requires such a partnership, firm, corporation or association, before being issued a certificate and annually thereafter as a condition of certification, to: (1) be on file and in good standing with the Secretary of State and organized according to Nevada law; and (2) submit to the Division an annual financial audit and certain additional documentation if the partnership, firm, corporation or association is a nonprofit organization. (NRS 435.227) This bill removes the requirements to submit an annual financial audit and the additional documentation if the partnership, firm, corporation or association is a nonprofit organization. Instead, this bill requires a partnership, firm, corporation or association that provides or wishes to be certified to provide such jobs and day training services to submit any financial documents and statements requested by the Division for the purpose of evaluating the financial solvency of the partnership, firm, corporation or association.

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 435.227 is hereby amended to read as follows:

435.227 Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, must:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 393 (CHAPTER 71, SB 18)ê

certification, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, must:

1. Be on file and in good standing with the Secretary of State and organized pursuant to title 7 of NRS; and

2. Submit to the Division [an annual audit of its financial statements that has been conducted by an independent certified public accountant; and

3. If it is a nonprofit organization, submit to the Division the most recent federal tax return of the nonprofit organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

(a) Any transaction during the federal tax year of the nonprofit organization in which an economic benefit is provided by the nonprofit organization to a director, officer or board member of the nonprofit organization, or any other person who has substantial influence over the nonprofit organization, and in which the value of the economic benefit provided by the nonprofit organization exceeds the value of the consideration received by the nonprofit organization;

(b) Any loans to or from the nonprofit organization which are received by or from a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the nonprofit organization;

(c) Any grants or other assistance from the organization during the federal tax year of the nonprofit organization which benefit a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit organization or a family member of such director, officer, board member or person;

(d) Business transactions during the federal tax year of the nonprofit organization between the nonprofit organization and a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

(e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.] any financial documents and statements requested by the Division for the purpose of evaluating the financial solvency of the partnership, firm, corporation or association.

Sec. 2. (Deleted by amendment.)

Sec. 3. 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 October 1, 2019, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 394ê

CHAPTER 72, SB 45

Senate Bill No. 45–Committee on Judiciary

CHAPTER 72

[Approved: May 16, 2019]

AN ACT relating to business; revising the circumstances under which a person is not required to obtain a state business license; revising provisions governing the location at which certain documents of certain limited-liability partnerships, limited partnerships, foreign business trusts, and professional entities and associations are required to be maintained; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a person to obtain a state business license and pay a fee before conducting business in this State. Under existing law, a person is deemed not to conduct a business in this State and, thus, is exempt from the requirement to obtain a state business license if the business for which the person is responsible: (1) is not a business entity organized under the law of this State; (2) does not have an office or base of operations in this State; (3) does not have a registered agent in this State; (4) is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or other emergency; and (5) only pays wages or other remuneration to natural persons in this State in connection with that activity. (NRS 76.100) Section 1 of this bill provides that a person is exempt from the requirement to obtain a business license if: (1) the business for which the person is responsible is not a business organized under the laws of this State, does not have an office or base of operations in this State, does not have a registered agent in this State and does not pay wages or other remuneration to certain natural persons in this State; (2) the business for which the person is responsible is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or another emergency; or (3) the Secretary of State determines that the person is not conducting a business in this State. Section 9 of this bill makes a conforming change to the existing law which authorizes the State to contract with a person who qualifies for this exemption even if the person does not hold a state business license.

Existing law requires certain types of business entities, including, without limitation, corporations, nonprofit corporations and limited-liability companies, to maintain certain documents at the principal place of business in this State or with a custodian of records whose name and street address are available at the office of the registered agent of the business entity in this State. (NRS 78.105, 78.152, 80.113, 82.181, 86.241, 86.54615) Under existing law, certain limited-liability partnerships, limited partnerships, foreign business trusts, and professional entities and associations are required to maintain certain documents at the office of the registered agent of the business entity or at the principal place of the business entity in this State. (NRS 87.515, 87.5413, 87A.200, 87A.640, 88A.7345, 89.045, 89.251) Sections 2-8 of this bill remove the authority of these limited-liability partnerships, limited partnerships, foreign business trusts, and professional entities and associations to maintain the required documents at the office of the registered agent of the business entity and, instead, require these limited-liability partnerships, limited partnerships, foreign business trusts, and professional entities and associations to maintain the required documents at the principal place of business of the entity or with the custodian of records of the business entity.

Section 10 of this bill provides that this bill becomes effective upon passage and approval.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 395 (CHAPTER 72, SB 45)ê

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 76.100 is hereby amended to read as follows:

76.100 1. A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

(a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

(b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

2. An application for a state business license must:

(a) Be made upon a form prescribed by the Secretary of State;

(b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the business identification number as assigned by the Secretary of State pursuant to NRS 225.082, and the location in this State of the place or places of business;

(c) Be accompanied by a fee in the amount of $200, except that if the applicant is a corporation organized pursuant to chapter 78, 78A or 78B of NRS, or a foreign corporation required to file an initial or annual list with the Secretary of State pursuant to chapter 80 of NRS, the application must be accompanied by a fee of $500; and

(d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

3. The application must be signed pursuant to NRS 239.330 by:

(a) The owner of a business that is owned by a natural person.

(b) A member or partner of an association or partnership.

(d) A managing partner of a limited-liability partnership.

(e) A manager or managing member of a limited-liability company.

(f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

4. If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

5. A state business license issued pursuant to this section must contain the business identification number assigned by the Secretary of State pursuant to NRS 225.082.

6. The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

7. For the purposes of this chapter, a person:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 396 (CHAPTER 72, SB 45)ê

(a) Shall be deemed to conduct a business in this State if a business for which the person is responsible:

(1) Is organized pursuant to this title, other than a business organized pursuant to:

(I) Chapter 82 or 84 of NRS; or

(II) Chapter 81 of NRS if the business is a nonprofit unit-owners’ association or a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c);

(2) Has an office or other base of operations in this State;

(3) Except as otherwise provided in NRS 76.103, has a registered agent in this State; or

(4) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid.

(b) Shall be deemed not to conduct a business in this State if [the] :

(1) The business for which the person is responsible:

[(1)] (I) Is not organized pursuant to this title;

[(2)] (II) Does not have an office or base of operations in this State;

[(3)] (III) Does not have a registered agent in this State; and

[(4)] (IV) Does not pay wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid, other than wages or other remuneration paid to a natural person for performing duties in connection with an activity described in subparagraph [(5); and

(5) Is] (2);

(2) The business for which the person is responsible is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or another emergency [.] ; or

(3) The Secretary of State determines that the person is not conducting a business in this State.

8. As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

Sec. 2. NRS 87.515 is hereby amended to read as follows:

87.515 1. A registered limited-liability partnership shall maintain at its [registered office or] principal place of business in this State [:] or with its custodian of records:

(a) A current list of its managing partners; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the registered limited-liability partnership shall:

(a) Provide the Secretary of State with the name and contact information of the custodian of the list described in subsection 1. The information required pursuant to this paragraph shall be kept confidential by the Secretary of State.

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a registered limited-liability partnership to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 397 (CHAPTER 72, SB 45)ê

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a registered limited-liability partnership fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the certificate of registration.

5. The Secretary of State shall not reinstate or revive a certificate of registration that was revoked or suspended pursuant to subsection 4 unless:

(a) The registered limited-liability partnership complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the certificate of registration.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

Sec. 3. NRS 87.5413 is hereby amended to read as follows:

87.5413 1. A foreign registered limited-liability partnership shall maintain at its [registered office or] principal place of business in this State [:] or with its custodian of records:

(a) A current list of its managing partners; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the foreign registered limited-liability partnership shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a foreign registered limited-liability partnership to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a foreign registered limited-liability partnership fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the right of the foreign registered limited-liability partnership to transact business in this State.

5. The Secretary of State shall not reinstate or revive the right of a foreign registered limited-liability partnership to transact business in this State that was revoked or suspended pursuant to subsection 4 unless:

(a) The registered limited-liability partnership complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the right of the foreign registered limited-liability partnership to transact business in this State.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 398 (CHAPTER 72, SB 45)ê

Sec. 4. NRS 87A.200 is hereby amended to read as follows:

87A.200 1. A limited partnership shall maintain at its [registered office or] principal office in this State or with its custodian of records a statement indicating where the list required pursuant to subsection 1 of NRS 87A.195 is maintained.

2. Upon the request of the Secretary of State, the limited partnership shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the custodian of the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a limited partnership to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1 of NRS 87A.195; or

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a limited partnership fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the right of the limited partnership to transact any business in this State.

5. The Secretary of State shall not reinstate or revive the right of a limited partnership to transact any business in this State that was revoked or suspended pursuant to subsection 4 unless:

(a) The limited partnership complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the right of the limited partnership to transact business in this State.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

Sec. 5. NRS 87A.640 is hereby amended to read as follows:

87A.640 1. A registered limited-liability limited partnership shall maintain at its [registered office or] principal place of business in this State [:] or with its custodian of records:

(a) A current list of each general partner; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the registered limited-liability limited partnership shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a registered limited-liability limited partnership to:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 399 (CHAPTER 72, SB 45)ê

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a registered limited-liability limited partnership fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the certificate of registration.

5. The Secretary of State shall not reinstate or revive a certificate of registration that was revoked or suspended pursuant to subsection 4 unless:

(a) The registered limited-liability limited partnership complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the certificate of registration.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

Sec. 6. NRS 88A.7345 is hereby amended to read as follows:

88A.7345 1. A foreign business trust shall maintain at its [registered office:] principal place of business in this State or with its custodian of records:

(a) A current list of its beneficial owners; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the foreign business trust shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a foreign business trust to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a foreign business trust fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the right of the foreign business trust to transact business in this State.

5. The Secretary of State shall not reinstate or revive the right of a foreign business trust to transact business in this State that was revoked or suspended pursuant to subsection 4 unless:

(a) The foreign business trust complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the right of the foreign business trust to transact business in this State.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 400 (CHAPTER 72, SB 45)ê

Sec. 7. NRS 89.045 is hereby amended to read as follows:

89.045 1. A professional entity shall maintain at its [registered office or] principal place of business in this State [:] or with its custodian of records:

(a) A current list of its owners of record; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the professional entity shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a professional entity to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a professional entity fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the corporate charter.

5. The Secretary of State shall not reinstate or revive a charter that was revoked or suspended pursuant to subsection 4 unless:

(a) The professional entity complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the corporate charter.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

Sec. 8. NRS 89.251 is hereby amended to read as follows:

89.251 1. A professional association shall maintain at its [registered office or] principal place of business in this State [:] or with its custodian of records:

(a) A current list of each member; or

(b) A statement indicating where such a list is maintained.

2. Upon the request of the Secretary of State, the professional association shall:

(b) Provide written notice to the Secretary of State within 10 days after any change in the information contained in the list described in subsection 1.

3. Upon the request of any law enforcement agency in the course of a criminal investigation, the Secretary of State may require a professional association to:

(a) Submit to the Secretary of State, within 3 business days, a copy of the list required to be maintained pursuant to subsection 1; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 401 (CHAPTER 72, SB 45)ê

(b) Answer any interrogatory submitted by the Secretary of State that will assist in the criminal investigation.

4. If a professional association fails to comply with any requirement pursuant to subsection 3, the Secretary of State may take any action necessary, including, without limitation, the suspension or revocation of the articles of association.

5. The Secretary of State shall not reinstate or revive articles of association that were revoked or suspended pursuant to subsection 4 unless:

(a) The professional association complies with the requirements of subsection 3; or

(b) The law enforcement agency conducting the investigation advises the Secretary of State to reinstate or revive the articles of association.

6. The Secretary of State may adopt regulations to administer the provisions of this section.

Sec. 9. NRS 353.007 is hereby amended to read as follows:

353.007 1. Except as otherwise provided in subsection 2, a person shall not enter into a contract with the State of Nevada unless the person is a holder of a state business license issued pursuant to chapter 76 of NRS.

2. A person who is not a holder of a state business license may enter into a contract with the State of Nevada if [the business for which] , pursuant to paragraph (b) of subsection 7 of NRS 76.100, the person is [responsible:

(a) Is not organized pursuant to title 7 of NRS;

(b) Does not have an office or base of operations in this State;

(d) Does not pay wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid, other than wages or other remuneration paid to a natural person for performing duties in connection with an activity described in paragraph (e); and

(e) Is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or another emergency.] not required to obtain a state business license.

3. The provisions of this section apply to all offices, departments, divisions, boards, commissions, institutions, agencies or any other units of:

(a) The Legislative, Executive and Judicial Departments of the State Government;

(b) The Nevada System of Higher Education; and

Sec. 10. This act becomes effective upon passage and approval.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 402ê

CHAPTER 73, SB 55

Senate Bill No. 55–Committee on Natural Resources

CHAPTER 73

[Approved: May 16, 2019]

AN ACT relating to firearms; revising provisions governing the carrying of a loaded rifle or shotgun in or on a vehicle which is standing or being driven on or along a public highway or other way open to the public; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, it is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing or being driven on or along a public highway or other way open to the public. For the purposes of this prohibition, a rifle or shotgun is loaded when an unexpended cartridge or shell is in the firing chamber, but not when the only cartridges or shells are in the magazine of the rifle or shotgun. (NRS 503.165) Section 1 of this bill sets forth the circumstances under which a muzzle-loading rifle or muzzle-loading musket is not loaded for the purposes of this prohibition.

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 503.165 is hereby amended to read as follows:

503.165 1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

2. For the purposes of this section:

(a) A rifle or shotgun is loaded [, for the purposes of this section,] when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

(b) A muzzle-loading rifle or muzzle-loading musket is not loaded if the priming compound or element, including, without limitation, the priming powder or the unfired primer or percussion cap, is removed from the muzzle-loading rifle or muzzle-loading musket.

3. The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

Sec. 2. This act becomes effective upon passage and approval.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 403ê

CHAPTER 74, SB 85

Senate Bill No. 85–Committee on Natural Resources

CHAPTER 74

[Approved: May 16, 2019]

AN ACT relating to animals; making it unlawful for a person or any agent or employee of a person to knowingly bring into or knowingly possess in this State the carcass or any part of the carcass of any elk, mule deer, white-tailed deer, moose, alternative livestock or certain other animals; prohibiting a person or the person’s agent or employee from knowingly bringing any live moose or alternative livestock into this State; providing exceptions; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits a person or the person’s agent or employee from bringing certain live animals into this State which are susceptible to chronic wasting disease, including, without limitation, any Rocky Mountain elk, mule deer or white-tailed deer. An animal brought into this State in violation of that prohibition may be seized, destroyed or sent out of this State by the State Quarantine Officer. (NRS 571.210) A person who violates that prohibition is guilty of a misdemeanor and, in addition to any criminal penalty, is required to pay an administrative fine of not more than $1,000 per violation. (NRS 571.250) Section 2 of this bill expands the list of animals which are prohibited from importation into this State to include any live elk, moose or alternative livestock. Section 2 also provides that a person must knowingly violate that prohibition before he or she may be found guilty of committing the violation. Similarly, section 1 of this bill makes it unlawful for a person or any agent or employee of a person to knowingly: (1) bring into this State the carcass or any part of the carcass of certain animals, including, without limitation, any elk, mule deer, white-tailed deer, moose or alternative livestock; or (2) possess the carcass or part of the carcass of such an animal in this State. Section 1 also provides an exception from that prohibition for certain parts of the carcass of such an animal and authorizes a game warden of the Department of Wildlife or any other law enforcement officer to seize, destroy or send the carcass or part of the carcass out of this State. A person who violates that prohibition is guilty of a misdemeanor and is subject to the payment of certain civil penalties for the violation. (NRS 501.385, 501.3855)

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 501 of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in this section, it is unlawful for a person or any agent or employee of a person to knowingly:

(a) Bring into this State the carcass or any part of the carcass of any of the following animals which were obtained in another state, territory or country:

(1) An elk (Cervus elaphus);

(2) A mule deer (Odocoileus hemionus);

(3) A white-tailed deer (Odocoileus virginianus);

(4) A moose (Alces alces);

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 404 (CHAPTER 74, SB 85)ê

(5) Any alternative livestock; or

(6) Any other animal which the State Quarantine Officer has, by regulation, declared to be susceptible to chronic wasting disease and prohibited from importation into this State; or

(b) Possess any carcass or part of the carcass of any elk, deer, moose, alternative livestock or other animal brought into this State in violation of paragraph (a).

2. A person or any agent or employee of a person may bring into this State the following parts of the carcass of any elk, deer, moose, alternative livestock or other animal specified in subsection 1:

(a) The meat of the elk, deer, moose, alternative livestock or other animal with no part of the spinal column, brain tissue or head attached, except that one or more bones of the legs or shoulders may be attached.

(b) The hide or cape of the elk, deer, moose, alternative livestock or other animal with no part of the spinal column, brain tissue or head attached.

(c) The clean skull plate of the elk, deer, moose, alternative livestock or other animal with antlers attached and no part of the brain tissue attached.

(d) The antlers of the elk, deer, moose, alternative livestock or other animal with no meat or tissue other than antler velvet attached.

(e) The taxidermy mount of the elk, deer, moose, alternative livestock or other animal with no meat or tissue other than antler velvet attached.

(f) The upper canine teeth of the elk, deer, moose, alternative livestock or other animal, including, without limitation, the bugler, whistler and ivory teeth.

3. Any carcass or part of the carcass of an elk, deer, moose, alternative livestock or other animal knowingly brought into this State or knowingly possessed in this State in violation of this section may be seized, destroyed or sent out of this State by a game warden or any other law enforcement officer within 48 hours. The expense of seizing, destroying or removing the carcass or part of the carcass must be paid by the person or his or her agent or employee who knowingly brought the carcass or part of the carcass into this State or knowingly possessed the carcass or part of the carcass in this State.

Sec. 2. NRS 571.210 is hereby amended to read as follows:

571.210 1. Except as otherwise provided in this section, a person, or the person’s agent or employee may bring into this State any animal not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin in compliance with regulations adopted by the State Quarantine Officer.

2. Notice that an animal is in transit is not required unless the animal remains in this State, or is to be unloaded in this State to feed and rest for longer than 48 hours.

3. A person, or the person’s agent or employee shall not bring any animal into this State unless he or she has obtained a health certificate showing that the animal is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to any animal whose accustomed range is on both sides of the Nevada state line and which is being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The State Quarantine Officer shall adopt regulations concerning the form of the certificate.

4. A person, or the person’s agent or employee shall not:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 405 (CHAPTER 74, SB 85)ê

(a) Alter a health certificate; or

(b) Divert any animal from the destination described on the health certificate without notifying the State Quarantine Officer within 72 hours after the diversion of the animal.

5. To protect this State from the effects of chronic wasting disease, a person, or the person’s agent or employee shall not knowingly bring into this State any live:

(a) [Rocky Mountain elk] Elk (Cervus [elaphus nelsoni);] elaphus);

(b) Mule deer (Odocoileus hemionus);

(d) Moose (Alces alces);

(e) Alternative livestock, unless in accordance with a permit obtained pursuant to NRS 576.129; or

(f) Other animal that the State Quarantine Officer has, by regulation, declared to be susceptible to chronic wasting disease and prohibited from importation into this State.

6. Any animal knowingly brought into this State in violation of this section may be seized, destroyed or sent out of this State by the State Quarantine Officer within 48 hours. The expense of seizing, destroying or removing the animal must be paid by the owner or the owner’s agent in charge of the animal and the expense is a lien on the animal, unless it was destroyed, until paid.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 75, SB 92

Senate Bill No. 92–Committee on Health and Human Services

CHAPTER 75

[Approved: May 16, 2019]

AN ACT relating to residential facilities; requiring a person who provides referrals to certain group housing arrangements to obtain a license; requiring a review to be conducted of certain unlicensed group housing arrangements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a person, other than certain medical facilities, to obtain a license to operate a business that provides referrals to residential facilities for groups. (NRS 449.0305) Section 1 of this bill additionally requires a person to obtain such a license if the person operates a business that provides referrals to any other group housing arrangement that provides assistance, food, shelter or limited supervision to persons with mental illness or disabilities or who are aged or infirm. Section 2 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to conduct a review of unlicensed group housing arrangements that provide assistance, food, shelter or limited supervision to such persons to determine whether regulation of those unlicensed group housing arrangements is advisable to protect the health and safety of such persons.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 406 (CHAPTER 75, SB 92)ê

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 449.0305 is hereby amended to read as follows:

449.0305 1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups [.] or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm.

2. The Board shall adopt:

(a) Standards for the licensing of businesses [that provide referrals to residential facilities for groups;] described in subsection 1;

(b) Standards relating to the fees charged by such businesses;

(d) Regulations establishing requirements for training the employees of such businesses.

3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

4. A business that is licensed pursuant to this section or an employee of such a business shall not:

(a) Refer a person to a residential facility for groups that is not licensed.

(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility [,] or other group housing arrangement, or the services provided by the facility [,] or other group housing arrangement, are not appropriate for the condition of the person being referred.

(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 407 (CHAPTER 75, SB 92)ê

5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, on October 1, 1999.

6. As used in this section:

(a) “Developmental disability” has the meaning ascribed to it in NRS 435.007.

(b) “Intellectual disability” has the meaning ascribed to it in NRS 435.007.

Sec. 2. 1. The Division of Public and Behavioral Health of the Department of Health and Human Services shall:

(a) Conduct a review of unlicensed group housing arrangements that provide assistance, food, shelter or limited supervision to persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm to determine whether regulation of those group housing arrangements is advisable to protect the health and safety of such persons. The review must consider, without limitation:

(1) The advisability of implementing specific reasonable measures, including, without limitation, regulatory measures to protect the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm; and

(2) The effects of any measures considered pursuant to subparagraph (1) on the variety and cost of housing for persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm.

(b) Present the results of the review conducted pursuant to paragraph (a) to the Legislative Committee on Health Care on or before July 31, 2020. The presentation must include, without limitation:

(1) A discussion of each measure considered pursuant to paragraph (a), including, without limitation, the benefits and drawbacks of the measure;

(2) Any recommendations for legislation that the Division determines, as a result of the review, is advisable to protect the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm; and

(3) Any other measures relating to residential housing arrangements that the Division is taking or plans to take to protect the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm.

2. As used in this section:

(a) “Developmental disability” has the meaning ascribed to it in NRS 435.007.

(b) “Intellectual disability” has the meaning ascribed to it in NRS 435.007.

Sec. 3. This act becomes effective on July 1, 2019.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 408ê

CHAPTER 76, SB 137

Senate Bill No. 137–Committee on Judiciary

CHAPTER 76

[Approved: May 16, 2019]

AN ACT relating to crimes; revising the definition of the crime of robbery; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law defines the crime of robbery as the unlawful taking of personal property from another person, without his or her permission, by force, violence or fear of injury to his or her person or property, the person or property of his or her family, or anyone else in his or her company at the time of the robbery. (NRS 200.380) Section 1 of this bill revises the definition of robbery by requiring the unlawful taking of the personal property to occur by force, violence or fear of injury to such persons, eliminating the prospect that robbery may occur through the taking by force, violence or fear of injury to property.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 200.380 is hereby amended to read as follows:

200.380 1. Robbery is the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person , [or property,] or the person [or property] of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:

(a) Obtain or retain possession of the property;

(b) Prevent or overcome resistance to the taking; or

Ê The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

2. A person who commits robbery 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 15 years.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 409ê

CHAPTER 77, SB 173

Senate Bill No. 173–Senators Ohrenschall, Parks, D. Harris, Cancela, Spearman; Brooks, Denis, Dondero Loop, Ratti and Woodhouse

Joint Sponsors: Assemblymen Yeager, Fumo, Carrillo; Benitez-Thompson, Frierson, Monroe-Moreno, Nguyen, Thompson and Watts

CHAPTER 77

[Approved: May 16, 2019]

AN ACT relating to criminal procedure; revising provisions relating to vacating a judgment of conviction and sealing certain records of a victim of sex trafficking or involuntary servitude; revising provisions relating to the filing of a petition for the sealing of records of criminal history; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a person convicted of certain offenses and who was a victim of sex trafficking or involuntary servitude to petition the court to vacate his or her judgment of conviction and seal all documents related to the case. Under existing law, such offenses include, under certain circumstances, engaging in prostitution or solicitation for prostitution, unlawful trespass and loitering. (NRS 179.247) Section 1 of this bill expands the list of offenses under which a person who was a victim of sex trafficking or involuntary servitude may petition the court to vacate his or her judgment of conviction and seal all documents related to the case to include any crime other than a crime of violence.

Before the court may decide whether to grant such a petition, existing law requires the court to: (1) notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in this State; and (2) allow any person to testify and present evidence on behalf of such an entity. (NRS 179.247) Section 1 limits those offices of the district attorney and law enforcement agencies that must be notified and allowed to testify and present evidence to those offices and agencies in the county in which the petitioner was convicted. Section 1 authorizes a prosecuting attorney who prosecuted the petitioner to stipulate to the vacation of the judgment of the petitioner and the sealing of all documents relating to the case in lieu of the court holding a hearing on the petition. Section 1 requires the court to hold a hearing on the petition if the prosecutor does not so stipulate.

Existing law authorizes a person to file a petition for the sealing of records in district court if the person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court. Existing law also authorizes the district court to order the sealing of any records in the justice or municipal courts in certain circumstances. (NRS 179.2595) Section 2 of this bill clarifies that a district court may order the sealing of such records even if the petition does not include a request for the sealing of a record in a district court.

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 179.247 is hereby amended to read as follows:

179.247 1. If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 410 (CHAPTER 77, SB 173)ê

convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:

(a) Vacating the judgment; and

(b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

2. A person may file a petition pursuant to subsection 1 if the person was convicted of : [a violation of:]

(a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;

(b) [NRS 207.200, for unlawful trespass;] A crime under the laws of this State, other than a crime of violence; or

(d)] A violation of a county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.

3. A petition filed pursuant to subsection 1 must satisfy the requirements of NRS 179.245.

4. The court may grant a petition filed pursuant to subsection 1 if:

(a) The petitioner was convicted of a violation of an offense described in subsection 2;

(b) The participation of the petitioner in the offense was the result of the petitioner having been a victim of:

(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or

(2) Involuntary servitude as described in NRS 200.463 or 200.4631; and

(c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

5. Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:

(a) Notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in [this State] the county in which the petitioner was convicted and allow the prosecuting attorney who prosecuted the petitioner for the crime and any person to testify and present evidence on behalf of any such entity; and

(b) Take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the granting of the petition.

6. If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case after receiving notification pursuant to subsection 5 and the court makes the findings set forth in subsection 4, the court may vacate the judgment and seal all documents, papers and exhibits in accordance with subsection 7 without a hearing.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 411 (CHAPTER 77, SB 173)ê

hearing. If the prosecuting attorney does not stipulate to vacating the judgment and sealing the documents, papers and exhibits, a hearing on the petition must be conducted.

7. If the court grants a petition filed pursuant to subsection 1, the court shall:

(a) Vacate the judgment and dismiss the accusatory pleading; and

(b) Order sealed all documents, papers and exhibits in the petitioner’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

[7.] 8. If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.

[8.] 9. If the court enters an order pursuant to subsection [7,] 8, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection [6,] 7, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.

10. As used in this section, “crime of violence” means:

(a) Any offense involving the use or threatened use of force or violence against the person or property of another; or

(b) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

Sec. 2. NRS 179.2595 is hereby amended to read as follows:

179.2595 Notwithstanding the procedure established in NRS 179.245, 179.255 or 179.259 for the filing of a petition for the sealing of records:

1. If a person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court for the sealing of the records, the person may, instead of filing a petition in each court, file a petition in district court for the sealing of all such records.

2. If a person files a petition for the sealing of records in district court pursuant to subsection 1 or NRS 179.245, 179.255 or 179.259, the district court may order the sealing of any other records in the justice or municipal courts in accordance with the provisions of NRS 179.2405 to 179.301, inclusive.

3. A district court shall act in accordance with subsection 2 regardless of whether a petition filed pursuant to this section includes a request for the sealing of a record in a district court.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 412ê

CHAPTER 78, SB 184

Senate Bill No. 184–Senators Seevers Gansert, Hardy; Goicoechea, Hammond, Kieckhefer and Settelmeyer

CHAPTER 78

[Approved: May 16, 2019]

AN ACT relating to protection of children; providing for the protection of the identity of a child witness to certain alleged acts of child abuse or neglect; requiring an agency which provides child welfare services to provide a parent or guardian of a child with certain information relating to the disposition of a report of child abuse or neglect; allowing a parent or guardian to share such information with an attorney; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, an employee or volunteer for a public or private school must report to an agency which provides child welfare services certain abuse, neglect or corporal punishment of a child when the employee or volunteer knows or has reasonable cause to believe the child was subjected to such treatment. (NRS 392.303) Existing law requires the agency which provides child welfare services to keep information related to the report confidential under most circumstances. (NRS 392.315) An agency may make certain information available to the parent or guardian of the child who is the subject of a report. (NRS 392.317) If a report of alleged abuse, neglect or corporal punishment is substantiated by the agency which provides child welfare services, the agency must forward the report to certain entities and governmental agencies, provide notification to the person named in the report as allegedly causing the abuse or neglect and report certain information from the report to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. (NRS 392.337)

Existing law also authorizes the designee of an agency investigating such a report to interview the child who is the subject of the report and any siblings of the child. (NRS 392.313) Section 1 of this bill authorizes the designee of such an agency to interview any child who is identified as a witness to the allegations contained in such a report. Section 1 also requires the school in which such a child is enrolled to request the consent of the parent or guardian of the child for the school to provide the contact information of the parent or guardian of the child to the agency investigating the report and provide such contact information in certain circumstances. Sections 1.3-1.7 of this bill provide for the protection of the identity of a child witness to the allegations contained in a report from certain disclosures.

Section 3 of this bill requires an agency which provides child welfare services that has substantiated a report of abuse or neglect to provide a parent or guardian of the child who is the subject of the report with a summary of the outcome of the investigation and a summary of any disciplinary action taken against the person alleged to have committed the abuse or neglect which is known by the agency. Section 3 also authorizes a parent or guardian to disclose such information to an attorney for the child or the parent or guardian. Section 1.3 of this bill allows an agency which provides child welfare services to provide certain information to a parent or guardian of a child, in addition to the information the agency provides related to the outcome of an investigation of the report.

Existing law makes it a gross misdemeanor for any person who receives information maintained by an agency which provides child welfare services to disseminate that information but allows certain persons or agencies to disseminate such information for certain purposes. (NRS 392.335) Section 2 of this bill allows a parent or guardian of a child to disseminate such information to an attorney for the child or the parent or guardian.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 413 (CHAPTER 78, SB 184)ê

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 392.313 is hereby amended to read as follows:

392.313 1. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of the child who is the subject of the report, interview the child , [and any sibling of the child,] if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.

2. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is identified as a witness to the allegations contained in the report, interview the child, if an interview is deemed appropriate by the designee, concerning the allegations contained in the report. A designee who conducts an interview pursuant to this subsection must be trained adequately to interview children.

3. A designee of an agency investigating a report made pursuant to NRS 392.303 may, with the consent of the parent or guardian of a child who is the subject of the report and after informing the parent or guardian of the provisions of subsection [3:] 4:

(a) Take or cause to be taken photographs of the child’s body, including any areas of trauma; and

(b) If indicated after consultation with a physician, cause X-rays or medical tests to be performed on the child.

[3.] 4. The reasonable cost of any photographs or X-rays taken or medical tests performed pursuant to subsection [2] 3 must be paid by the parent or guardian of the child if money is not otherwise available.

[4.] 5. Any photographs or X-rays taken or records of any medical tests performed pursuant to subsection [2,] 3, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency which provides child welfare services, any law enforcement agency participating in the investigation of the report and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:

(a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating:

(1) The name of the child;

(2) The name and address of the person who took the photograph or X-ray, performed the medical test, or examined or treated the child; and

(3) The date on which the photograph or X-ray was taken or the treatment, examination or medical test was performed;

(b) Is admissible in any proceeding relating to the allegations in the report made pursuant to NRS 392.303; and

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 414 (CHAPTER 78, SB 184)ê

[5.] 6. The school in which a child who is identified as a witness to the allegations contained in a report made pursuant to NRS 392.303 is enrolled shall request consent from the parent or guardian of the child for the school to provide his or her contact information to the agency investigating the report and:

(a) Upon receiving such consent, the school shall provide the agency investigating the report with that contact information.

(b) If the school is unable to obtain such consent, the school shall provide the agency investigating the report with the contact information of the parent or guardian of the child to the extent not prohibited by federal law.

7. As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

Sec. 1.3. NRS 392.317 is hereby amended to read as follows:

392.317 Except as otherwise provided in NRS 392.317 to 392.337, inclusive, and in addition to information provided pursuant to NRS 392.337, information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, may, at the discretion of the agency which provides child welfare services, be made available only to:

1. The child who is the subject of the report, the parent or guardian of the child and an attorney for the child or the parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child or the violation of NRS 201.540, 201.560, 392.4633 or 394.366 to a public agency [is] and the identity of any child witness are kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child [and is limited to information concerning that parent or guardian;] who is the subject of the report;

2. A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected or subject to a violation of NRS 201.540, 201.560, 392.4633 or 394.366;

3. An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care or treatment or supervision of the child or investigate the allegations in the report;

4. A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the conduct alleged in the report;

5. A court, other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

6. A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

7. A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

8. A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect and violations of NRS 201.540, 201.560, 392.4633 or 394.366 or similar statutes in another jurisdiction;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 415 (CHAPTER 78, SB 184)ê

9. A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

10. A team organized pursuant to NRS 432B.405 to review the death of a child;

11. Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

(a) The identity of the person making the report is kept confidential; and

(b) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have engaged in the conduct described in the report;

12. The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

13. A public school, private school, school district or governing body of a charter school or private school in this State or any other jurisdiction that employs a person named in the report, allows such a person to serve as a volunteer or is considering employing such a person or accepting such a person as a volunteer;

14. The school attended by the child who is the subject of the report and the board of trustees of the school district in which the school is located or the governing body of the school, as applicable;

15. An employer in accordance with subsection 3 of NRS 432.100; and

16. The Committee to Review Suicide Fatalities created by NRS 439.5104.

Sec. 1.5. NRS 392.325 is hereby amended to read as follows:

392.325 1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of a child or violating the provisions of NRS 201.540, 201.560, 392.4633 or 394.366:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person; or

(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person; or

(b) A written summary of the allegations made against the person. The summary must not identify the person who made the report , any child witnesses to the allegations contained in the report or any collateral sources and reporting parties.

2. A person may authorize the release of information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, about himself or herself, but may not waive the confidentiality of such information concerning any other person.

3. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the allegations in a report made pursuant to NRS 392.303 to the person who made the report.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 416 (CHAPTER 78, SB 184)ê

Sec. 1.7. NRS 392.327 is hereby amended to read as follows:

392.327 1. Information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

2. Before releasing any information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who makes a report pursuant to NRS 392.303 , to protect the identity of any child witness to the allegations contained in the report and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the allegations in the report or the life or safety of any person.

3. The provisions of NRS 392.317 to 392.337, inclusive, must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

4. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

5. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of NRS 392.317 to 392.337, inclusive.

Sec. 2. NRS 392.335 is hereby amended to read as follows:

392.335 1. Except as otherwise provided in NRS 392.317 to 392.337, inclusive, any person who is provided with information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This section does not apply to:

(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;

(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; [or]

(d) A parent or guardian of a child who is the subject of a report who provides the information to an attorney for the child or the parent or guardian of the child pursuant to NRS 392.337.

2. As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

Sec. 3. NRS 392.337 is hereby amended to read as follows:

392.337 1. An agency which provides child welfare services investigating a report made pursuant to NRS 392.303 shall, upon completing the investigation, determine whether the report is substantiated or unsubstantiated [.]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 417 (CHAPTER 78, SB 184)ê

the investigation, determine whether the report is substantiated or unsubstantiated [.] and notify the parent or guardian of the child who is the subject of the report of that determination.

2. If the report is substantiated, the agency shall:

(a) Forward the report to the Department of Education, the board of trustees of the school district in which the school is located or the governing body of the charter school or private school, as applicable, the appropriate local law enforcement agency within the county and the district attorney’s office within the county for further investigation.

(b) Provide written notification to the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 which includes statements indicating that:

(1) The report made against the person has been substantiated and the agency which provides child welfare services intends to place the person’s name in the Central Registry pursuant to paragraph (a); and

(2) The person may request an administrative appeal of the substantiation of the report and the agency’s intention to place the person’s name in the Central Registry by submitting a written request to the agency which provides child welfare services within the time required by NRS 392.345.

(c) After the conclusion of any administrative appeal pursuant to NRS 392.345 or the expiration of the time period prescribed by that section for requesting an administrative appeal, whichever is later, report to the Central Registry:

(1) Identifying and demographic information on the child who is the subject of the report, the parents of the child, any other person responsible for the welfare of the child and the person allegedly responsible for the conduct alleged in the report;

(2) The facts of the alleged conduct, including the date and type of alleged conduct, a description of the alleged conduct, the severity of any injuries and, if applicable, any information concerning the death of the child; and

(3) The disposition of the case.

(d) Provide to the parent or guardian of the child who is the subject of the report:

(1) A written summary of the outcome of the investigation of the allegations in the report which must not identify the person who made the report, any child witnesses to the allegations in the report or any collateral sources and reporting parties; and

(2) A summary of any disciplinary action taken against the person who is named in the report as allegedly causing the abuse or neglect of the child or violating NRS 201.540, 201.560, 392.4633 or 394.366 which is known by the agency, including, without limitation, whether the name of such person will be placed in the Central Registry.

3. A parent or guardian who receives information pursuant to paragraph (d) of subsection 2 may disclose the information to an attorney for the child who is the subject of the report or the parent or guardian of the child.

Sec. 4. This act becomes effective on July 1, 2019.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 418ê

CHAPTER 79, SB 223

Senate Bill No. 223–Senators Cannizzaro, Ratti, Spearman; Brooks, Cancela, Denis, Dondero Loop, D. Harris, Parks, Scheible and Woodhouse

CHAPTER 79

[Approved: May 16, 2019]

AN ACT relating to persons in need of care or assistance; revising provisions relating to the notarization of a nomination of a guardian and certain powers of attorney; revising provisions relating to the power of an agent, acting pursuant to a power of attorney, to consent to the placement of a principal in certain facilities; enacting provisions providing for notice and an opportunity to be heard before a patient is discharged or transferred out of certain facilities under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a person to nominate another person to be appointed as his or her guardian by completing the prescribed form, which must be: (1) signed by the person requesting to nominate a guardian; (2) signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and (3) notarized with a declaration from the notary public declaring under penalty of perjury that the persons whose names are on the form appear to be of sound mind and under no duress, fraud or undue influence. (NRS 159.0753) Existing law also requires a similar declaration by a notary public for a general power of attorney, a power of attorney for health care decisions and a power of attorney for health care decisions for an adult with an intellectual disability. (NRS 162A.620, 162A.860, 162A.865) Section 1 of this bill eliminates the required declaration by a notary public for the nomination of a guardian, and sections 3-5 of this bill eliminate the required declaration by a notary public for a general power of attorney, a power of attorney for health care decisions and a power of attorney for health care decisions for an adult with an intellectual disability.

Existing law authorizes an agent under a power of attorney to take certain actions on behalf of the principal only if the power of attorney expressly grants the agent such authority. (NRS 162A.450) Section 2 of this bill provides that an agent under a power of attorney may consent to the placement of the principal in an assisted living facility, a facility for skilled nursing or a secured residential long-term care facility only if the power of attorney expressly grants the agent that authority. Section 3 of this bill revises the form for a general power of attorney to allow a principal to indicate whether the principal authorizes the agent to consent to placement of the principal in an assisted living facility, a facility for skilled nursing or a secured residential long-term care facility.

Existing law establishes the specific rights of patients in a medical facility or facility for the dependent, including the right, before being transferred to another facility, to receive an explanation of the need for the transfer and the alternatives available, unless the condition of the patient necessitates an immediate transfer to a facility for a higher level of care and the patient is unable to understand the explanation. (NRS 449A.100, 449A.106-449A.112) Section 6 of this bill requires that before a facility for intermediate care, facility for skilled nursing or residential facility for groups transfers a patient to another medical facility or facility for the dependent or discharges the patient from the facility, the facility must: (1) at least 30 calendar days before transferring or discharging the patient, provide the patient and the State Long-Term Care Ombudsman with written notice of the intent to transfer or discharge the patient; and (2) within 10 calendar days after providing such written notice, allow the patient and any person authorized by the patient to meet in person with the administrator of the facility to discuss the proposed transfer or discharge.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 419 (CHAPTER 79, SB 223)ê

notice, allow the patient and any person authorized by the patient to meet in person with the administrator of the facility to discuss the proposed transfer or discharge. The requirements of section 6 do not apply to: (1) a voluntary discharge or transfer requested by a patient; or (2) a transfer to another facility because the condition of the patient necessitates an immediate transfer to a facility for a higher level of care.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 159.0753 is hereby amended to read as follows:

159.0753 1. Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so by completing a form requesting to nominate a guardian in accordance with this section.

2. A form requesting to nominate a guardian must be:

(a) Signed by the person requesting to nominate a guardian;

(b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and

3. A request to nominate a guardian may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

REQUEST TO NOMINATE GUARDIAN

I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

1. As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

2. This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

3. Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

4. I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

5. If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

6. I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.

(YOU MUST DATE AND SIGN THIS DOCUMENT)

I sign my name to this document on ................. (date)

(Signature)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 420 (CHAPTER 79, SB 223)ê

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.

(Signature of first witness)

(Print name)

(Date)

(Signature of second witness)

(Print name)

(Date)

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

State of Nevada }

}

County of ............................................. }

On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument. [I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress, fraud or undue influence.]

(Signature of notarial officer)

(Seal, if any)

4. The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

5. The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

Sec. 2. NRS 162A.450 is hereby amended to read as follows:

162A.450 1. An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 421 (CHAPTER 79, SB 223)ê

the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(a) Create, amend, revoke or terminate an inter vivos trust;

(b) Make a gift;

(d) Create or change a beneficiary designation;

(e) Delegate authority granted under the power of attorney;

(f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

(g) Exercise fiduciary powers that the principal has authority to delegate; or

(h) Disclaim property, including a power of appointment.

2. Notwithstanding a grant of authority to do an act described in subsection 1, unless the power of attorney otherwise provides, an agent that is not a spouse of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.

3. An agent under a power of attorney may consent to placement of the principal in an assisted living facility, a facility for skilled nursing or a secured residential long-term care facility only if the power of attorney expressly grants the agent that authority.

4. As used in this section:

(a) “Assisted living facility” has the meaning ascribed to it in NRS 422.3962.

(b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

Sec. 3. NRS 162A.620 is hereby amended to read as follows:

162A.620 A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by NRS 162A.200 to 162A.660, inclusive:

STATUTORY FORM POWER OF ATTORNEY

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF.

2. THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

3. THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 422 (CHAPTER 79, SB 223)ê

4. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

5. YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT’S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

6. YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

7. THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

8. IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A SECOND SUCCESSOR AGENT.

9. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT.

10. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.

11. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

1. DESIGNATION OF AGENT.

I, ..................................................................................................................

(insert your name) do hereby designate and appoint:

Name: ...................................................................................................

Address: ..............................................................................................

Telephone Number: ...........................................................................

as my agent to make decisions for me and in my name, place and stead and for my use and benefit and to exercise the powers as authorized in this document.

2. DESIGNATION OF ALTERNATE AGENT.

(You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 423 (CHAPTER 79, SB 223)ê

If my agent is unable or unwilling to act for me, then I designate the following person(s) to serve as my agent as authorized in this document, such person(s) to serve in the order listed below:

A. First Alternative Agent

Name:......................................................................................

Address:.................................................................................

Telephone Number:..............................................................

B. Second Alternative Agent

Name:......................................................................................

Address:.................................................................................

Telephone Number:..............................................................

3. OTHER POWERS OF ATTORNEY.

This Power of Attorney is intended to, and does, revoke any prior Power of Attorney for financial matters I have previously executed.

4. NOMINATION OF GUARDIAN.

If, after execution of this Power of Attorney, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

5. GRANT OF GENERAL AUTHORITY.

I grant my agent and any successor agent(s) general authority to act for me with respect to the following subjects:

(INITIAL each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.)

[.....] Real Property

[.....] Tangible Personal Property

[.....] Stocks and Bonds

[.....] Commodities and Options

[.....] Banks and Other Financial Institutions

[.....] Safe Deposit Boxes

[.....] Operation of Entity or Business

[.....] Insurance and Annuities

[.....] Estates, Trusts and Other Beneficial Interests

[.....] Legal Affairs, Claims and Litigation

[.....] Personal Maintenance

[.....] Benefits from Governmental Programs or Civil or Military Service

[.....] Retirement Plans

[.....] Taxes

[.....] All Preceding Subjects

6. GRANT OF SPECIFIC AUTHORITY.

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 424 (CHAPTER 79, SB 223)ê

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

[.....] Create, amend, revoke or terminate an inter vivos, family, living, irrevocable or revocable trust

[.....] Make a gift, subject to the limitations of NRS and any special instructions in this Power of Attorney

[.....] Create or change rights of survivorship

[.....] Create or change a beneficiary designation

[.....] Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

[.....] Exercise fiduciary powers that the principal has authority to delegate

[.....] Disclaim or refuse an interest in property, including a power of appointment

[.....] Consent to placement in an assisted living facility as defined in NRS 422.3962

[.....] Consent to placement in a facility for skilled nursing as defined in NRS 449.0039

[.....] Consent to placement in a secured residential long-term care facility as defined in NRS 159.0255

7. LIMITATION ON AGENT’S AUTHORITY.

An agent that is not my spouse MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

8. SPECIAL INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:

9. DURABILITY AND EFFECTIVE DATE. (INITIAL the clause(s) that applies.)

[.....] DURABLE. This Power of Attorney shall not be affected by my subsequent disability or incapacity.

[.....] SPRINGING POWER. It is my intention and direction that my designated agent, and any person or entity that my designated agent may transact business with on my behalf, may rely on a written medical opinion issued by a licensed medical doctor stating that I am disabled or incapacitated, and incapable of managing my affairs, and that said medical opinion shall establish whether or not I am under a disability for the purpose of establishing the authority of my designated agent to act in accordance with this Power of Attorney.

[.....] I wish to have this Power of Attorney become effective on the following date: .....

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 425 (CHAPTER 79, SB 223)ê

[.....] I wish to have this Power of Attorney end on the following date: .....

10. THIRD PARTY PROTECTION.

Third parties may rely upon the validity of this Power of Attorney or a copy and the representations of my agent as to all matters relating to any power granted to my agent, and no person or agency who relies upon the representation of my agent, or the authority granted by my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power unless a third party knows or has reason to know this Power of Attorney has terminated or is invalid.

11. RELEASE OF INFORMATION.

I agree to, authorize and allow full release of information, by any government agency, business, creditor or third party who may have information pertaining to my assets or income, to my agent named herein.

12. SIGNATURE AND ACKNOWLEDGMENT. YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC.

I sign my name to this Power of Attorney on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

On this .......... day of .........., in the year ....., before me, ............................... (here insert name of notary public) personally appeared .............................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

NOTARY SEAL .........................................................

(Signature of Notary Public)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 426 (CHAPTER 79, SB 223)ê

IMPORTANT INFORMATION FOR AGENT

1. Agent’s Duties. When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

(a) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

(b) Act in good faith;

(d) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

2. Unless the Special Instructions in this Power of Attorney state otherwise, you must also:

(a) Act loyally for the principal’s benefit;

(b) Avoid conflicts that would impair your ability to act in the principal’s best interest;

(d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

(e) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

(f) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

3. Termination of Agent’s Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

(a) Death of the principal;

(b) The principal’s revocation of the Power of Attorney or your authority;

(d) The purpose of the Power of Attorney is fully accomplished; or

(e) If you are married to the principal, your marriage is dissolved.

4. Liability of Agent. The meaning of the authority granted to you is defined in NRS 162A.200 to 162A.660, inclusive. If you violate NRS 162A.200 to 162A.660, inclusive, or act outside the authority granted in this Power of Attorney, you may be liable for any damages caused by your violation.

5. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 427 (CHAPTER 79, SB 223)ê

Sec. 4. NRS 162A.860 is hereby amended to read as follows:

162A.860 Except as otherwise provided in NRS 162A.865, the form of a power of attorney for health care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

WARNING TO PERSON EXECUTING THIS DOCUMENT

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

1. THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

2. THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

4. UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

5. NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 428 (CHAPTER 79, SB 223)ê

6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

8. THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

1. DESIGNATION OF HEALTH CARE AGENT.

I, .................................................................................................................

(insert your name) do hereby designate and appoint:

Name: ..................................................................................................

Address: .............................................................................................

Telephone Number: ..........................................................................

as my agent to make health care decisions for me as authorized in this document.

(Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

3. GENERAL STATEMENT OF AUTHORITY GRANTED.

In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 429 (CHAPTER 79, SB 223)ê

review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

4. SPECIAL PROVISIONS AND LIMITATIONS.

(Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

5. DURATION.

I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

(IF APPLICABLE)

I wish to have this power of attorney end on the following date: ....................................................................

6. STATEMENT OF DESIRES.

(With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 430 (CHAPTER 79, SB 223)ê

(If the statement

reflects your desires,

initial the box next to

the statement.)

1. I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures. [ ]

2. If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)......................... [ ]

3. If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.) [ ]

4. Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld.... [ ]

5. I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life. [ ]

(If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 431 (CHAPTER 79, SB 223)ê

Other or Additional Statements of Desires:..........................................

7. DESIGNATION OF ALTERNATE AGENT.

(You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

A. First Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

B. Second Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

8. PRIOR DESIGNATIONS REVOKED.

I revoke any prior durable power of attorney for health care.

9. WAIVER OF CONFLICT OF INTEREST.

If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

10. CHALLENGES.

If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

11. NOMINATION OF GUARDIAN.

If, after execution of this Durable Power of Attorney for Health Care, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 432 (CHAPTER 79, SB 223)ê

either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

12. RELEASE OF INFORMATION.

I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

NOTARY SEAL .........................................................

(Signature of Notary Public)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 433 (CHAPTER 79, SB 223)ê

STATEMENT OF WITNESSES

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

Signature: ...............................................................

---------------------------------------------------------------------------------------------

Names: .......................................... Address:.............................................

Print Name: ................................... .............................................................

Date: .............................................. .............................................................

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 434 (CHAPTER 79, SB 223)ê

Sec. 5. NRS 162A.865 is hereby amended to read as follows:

162A.865 1. The form of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

My name is.................... (insert your name) and my address is.................... (insert your address). I would like to designate.................... (insert the name of the person you wish to designate as your agent for health care decisions for you) as my agent for health care decisions for me if I am sick or hurt and need to see a doctor or go to the hospital. I understand what this means.

If I am sick or hurt, my agent should take me to the doctor. If my agent is not with me when I become sick or hurt, please contact my agent and ask him or her to come to the doctor’s office. I would like the doctor to speak with my agent and me about my sickness or injury and whether I need any medicine or other treatment. After we speak with the doctor, I would like my agent to speak with me about the care or treatment. When we have made decisions about the care or treatment, my agent will tell the doctor about our decisions and sign any necessary papers.

If I am very sick or hurt, I may need to go to the hospital. I would like my agent to help me decide if I need to go to the hospital. If I go to the hospital, I would like the people who work at the hospital to try very hard to care for me. If I am able to communicate, I would like the doctor at the hospital to speak with me and my agent about what care or treatment I should receive, even if I am unable to understand what is being said about me. After we speak with the doctor, I would like my agent to help me decide what care or treatment I should receive. Once we decide, my agent will sign any necessary paperwork. If I am unable to communicate because of my illness or injury, I would like my agent to make decisions about my care or treatment based on what he or she thinks I would do and what is best for me.

I would like my agent to help me decide if I need to see a dentist and help me make decisions about what care or treatment I should receive from the dentist. Once we decide, my agent will sign any necessary paperwork.

I would also like my agent to be able to see and have copies of all my medical records. If my agent requests to see or have copies of my medical records, please allow him or her to see or have copies of the records.

I understand that my agent cannot make me receive any care or treatment that I do not want. I also understand that I can take away this power from my agent at any time, either by telling my agent that he or she is no longer my agent or by putting it in writing.

If my agent is unable to make health care decisions for me, then I designate.................... (insert the name of another person you wish to designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 435 (CHAPTER 79, SB 223)ê

designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

AGENT SIGNATURE

As agent for.......... (insert name of principal), I agree that a physician, health care facility or other provider of health care, acting in good faith, may rely on this power of attorney for health care and the signatures herein, and I understand that pursuant to NRS 162A.815, a physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

I also agree that:

1. I have a duty to act in a manner consistent with the desires of.......... (insert name of principal) as stated in this document or otherwise made known by.......... (insert name of principal), or if his or her desires are unknown, to act in his or her best interest.

2. If.......... (insert name of principal) revokes this power of attorney at any time, either verbally or in writing, I have a duty to inform any persons who may rely on this document, including, without limitation, treating physicians, hospital staff or other providers of health care, that I no longer have the authorities described in this document.

3. The provisions of NRS 162A.840 prohibit me from being named as an agent to make health care decisions in this document if I am a provider of health care, an employee of the principal’s provider of health care or an operator or employee of a health care facility caring for the principal, unless I am the spouse, legal guardian or next of kin of the principal.

4. The provisions of NRS 162A.850 prohibit me from consenting to the following types of care or treatments on behalf of the principal, including, without limitation:

(a) Commitment or placement of the principal in a facility for treatment of mental illness;

(b) Convulsive treatment;

(d) Sterilization;

(e) Abortion;

(f) Aversive intervention, as it is defined in NRS 449A.203;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 436 (CHAPTER 79, SB 223)ê

(g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

(h) Any other care or treatment to which the principal prohibits the agent from consenting in this document.

5. End-of-life decisions must be made according to the wishes of.......... (insert name of principal), as designated in the attached addendum. If his or her wishes are not known, such decisions must be made in consultation with the principal’s treating physicians.

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

Relationship to principal: ..............................................................................

Length of relationship to principal: .............................................................

(THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

On this.......... day of.........., in the year...., before me,.......... (here insert name of notary public) personally appeared.......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

NOTARY SEAL .........................................................................

(Signature)

STATEMENT OF WITNESSES

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 437 (CHAPTER 79, SB 223)ê

employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

Signature: ..........................................................

Names: ......................................... Address: ..........................................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

2. The form for end-of-life decisions of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 438 (CHAPTER 79, SB 223)ê

END-OF-LIFE DECISIONS ADDENDUM

STATEMENT OF DESIRES

(You can, but are not required to, state what you want to happen if you get very sick and are not likely to get well. You do not have to complete this form, but if you do, your agent must do as you ask if you cannot speak for yourself.)

.................... (Insert name of agent) might have to decide, if you get very sick, whether to continue with your medicine or to stop your medicine, even if it means you might not live..................... (Insert name of agent) will talk to you to find out what you want to do, and will follow your wishes.

If you are not able to talk to.................... (insert name of agent), you can help him or her make these decisions for you by letting your agent know what you want.

Here are your choices. Please circle yes or no to each of the following statements and sign your name below:

1. I want to take all the medicine and receive any treatment I can to keep me alive regardless of how the medicine or treatment makes me feel. YES NO

2. I do not want to take medicine or receive treatment if my doctors think that the medicine or treatment will not help me. YES NO

3. I do not want to take medicine or receive treatment if I am very sick and suffering and the medicine or treatment will not help me get better. YES NO

4. I want to get food and water even if I do not want to take medicine or receive treatment. YES NO

(YOU MUST DATE AND SIGN THIS END-OF-LIFE

DECISIONS ADDENDUM)

I sign my name to this End-of-Life Decisions Addendum on .............. (date) at .............................. (city), ......................... (state)

.........................................................................

(Signature)

(THIS END-OF-LIFE DECISIONS ADDENDUM WILL NOT BE VALID UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 439 (CHAPTER 79, SB 223)ê

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

NOTARY SEAL .........................................................................

(Signature)

STATEMENT OF WITNESSES

I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this End-of-Life Decisions Addendum in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by the power of attorney for health care and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

Signature: .................................... Residence Address: .......................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 440 (CHAPTER 79, SB 223)ê

(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

Signature: ..........................................................

---------------------------------------------------------------------------------------------

Names: ......................................... Address: ..........................................

Print Name: .................................. .............................................................

Date: ............................................. .............................................................

COPIES: You should retain an executed copy of this document and give one to your agent. The End-of-Life Decisions Addendum should be available so a copy may be given to your providers of health care.

Sec. 6. Chapter 449A of NRS is hereby amended by adding thereto a new section to read as follows:

1. Except as otherwise provided in subsection 2, before a facility for intermediate care, facility for skilled nursing or residential facility for groups transfers a patient to another medical facility or facility for the dependent or discharges the patient from the facility, the facility shall:

(a) At least 30 calendar days before transferring or discharging the patient, provide the patient and the Ombudsman with written notice of the intent to transfer or discharge the patient; and

(b) Within 10 calendar days after providing written notice to the patient and the Ombudsman pursuant to paragraph (a), allow the patient and any person authorized by the patient the opportunity to meet in person with the administrator of the facility to discuss the proposed transfer or discharge.

2. The provisions of this section do not apply to:

(a) A voluntary discharge or transfer of a patient to another medical facility or facility for the dependent at the request of the patient; or

(b) The transfer of a patient to another facility because the condition of the patient necessitates an immediate transfer to a facility for a higher level of care.

3. As used in this section, “Ombudsman” means the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 441ê

CHAPTER 80, SB 232

Senate Bill No. 232–Senator Settelmeyer

CHAPTER 80

[Approved: May 16, 2019]

AN ACT relating to irrigation districts; authorizing the trustee or trustees to designate a beneficiary of a trust to vote in certain elections, sign certain petitions and run for certain offices of an irrigation district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that a person who holds title to land within an irrigation district has the right to: (1) vote at an election of the district; (2) sign a petition related to the district; and (3) hold office on the board directors of the district. If land within an irrigation district is held in trust, the trustee may exercise these rights or, if there are multiple trustees, the trustees must designate one of the trustees to exercise these rights. (NRS 539.123, 539.553) Sections 1 and 2 of this bill authorize such a trustee or trustees, as applicable, to instead designate a beneficiary of the trust to exercise these rights.

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 539.123 is hereby amended to read as follows:

539.123 1. Any person 18 years of age or older, whether a resident of the district or not, who is or has declared his or her intention to become a citizen of the United States is an “elector” for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:

(a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.

(b) The holder of an undivided interest in land is an elector and, if the interest of the holder is community property, the holder’s spouse is an elector if the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests in land, one such person may vote upon presenting the written consent of his or her fellow holders.

2. An elector is entitled to vote according to the land which the elector owns outright, as follows:

(a) Ten acres or less, one vote;

(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

Ê The district shall issue a separate ballot for each vote which an elector is entitled to cast.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 442 (CHAPTER 80, SB 232)ê

3. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his or her percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his or her fellow holders.

4. Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of the elector’s lands are located, for the purpose of determining the elector’s place of voting and qualifications for holding office.

5. Any elector who resides within the district boundaries shall be deemed a resident of the division in which he or she actually resides, for the purpose of determining the elector’s qualification for voting and holding office.

6. A guardian, executor [,] or administrator [or trustee] shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the State for which he or she is the guardian, executor [,] or administrator , [or trustee,] and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor [,] or administrator , [or trustee,] they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

7. Corporations, partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president of the corporation, the general partner of the partnership or the members of the limited-liability company, may sign any petition authorized by this chapter, and register and cast the vote of the corporation, partnership or limited-liability company at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter. If a limited-liability company:

(a) Has more than one manager, the managers must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

(b) Does not have a manager, the members must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

8. A trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the State for which he or she is the trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter or designate one of the beneficiaries of the trust to sign petitions, vote and do all things that an elector may do pursuant to this chapter. If there is more than one trustee, the trustees must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter or designate one of the beneficiaries of the trust to sign petitions, vote and do all things that an elector may do pursuant to this chapter.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 443 (CHAPTER 80, SB 232)ê

9. Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

Sec. 2. NRS 539.553 is hereby amended to read as follows:

539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:

1. The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector, or the percentage interest in acreage held by each elector who holds an undivided interest in land.

2. At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his or her fellow holders, the entire acreage must be attributed to him or her.

3. An elector is entitled to vote on the proposal according to the land which the elector owns outright, as follows:

(a) Ten acres or less, one vote;

(b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

Ê The district shall issue a separate ballot for each vote which an elector is entitled to cast.

4. If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 3 that is equal to his or her percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his or her fellow holders.

5. A guardian, executor [,] or administrator [or trustee] shall be deemed the holder of title or evidence of title to the land in the State for which he or she is the guardian, executor [,] or administrator , [or trustee,] and has the right to vote pursuant to this section. If there is more than one guardian, executor [,] or administrator , [or trustee,] they must designate one of their number to vote pursuant to this section.

6. Corporations, partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president of the corporation, the general partner of the partnership or the members of the limited-liability company, may cast the vote of the corporation, partnership

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 444 (CHAPTER 80, SB 232)ê

or limited-liability company pursuant to this section. If a partnership has more than one general partner, the general partners must designate one of their number to cast the vote of the partnership pursuant to this section. If a limited-liability company:

(a) Has more than one manager, the managers must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

(b) Does not have a manager, the members must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

7. A trustee shall be deemed the holder of title or evidence of title to the land in the State for which he or she is the trustee, and has the right to vote pursuant to this section or designate one of the beneficiaries of the trust to vote pursuant to this section. If there is more than one trustee, the trustees must designate one of their number to vote pursuant to this section or designate one of the beneficiaries of the trust to vote pursuant to this section.

8. Designations or written consents for the purposes of voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

[8.] 9. At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.

[9.] 10. If the proposal is not so approved, it is rejected and the result must be entered of record.

[10.] 11. No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.

[11.] 12. For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.

Sec. 3. This act becomes effective on July 1, 2019.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 445ê

CHAPTER 81, SB 426

Senate Bill No. 426–Committee on Growth and Infrastructure

CHAPTER 81

[Approved: May 16, 2019]

AN ACT relating to transportation; extending the deadline for a regional transportation commission to submit certain recommendations relating to the imposition of certain taxes to the board of county commissioners; extending the deadline for a board of county commissioners to submit a ballot question to the voters regarding the imposition of certain taxes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes a regional transportation commission to, before December 31, 2020, prepare recommendations for the imposition of an additional tax on the gross receipts of any retailer for the sale of all tangible personal property sold at retail to support certain transportation projects and submit the recommendations to the board of county commissioners. The board of county commissioners may subsequently submit to the voters at the next general election a question asking whether the tax recommended by the regional transportation commission should be imposed in the county, if the next general election is held not later than December 31, 2020. (NRS 277A.470) This bill extends such deadlines to December 31, 2024.

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 277A.470 is hereby amended to read as follows:

277A.470 1. Except as otherwise provided in subsection 4, a commission may:

(a) Prepare recommendations for the imposition of the tax described in NRS 277A.480 in the county to provide funding for the commission for the purposes set forth in NRS 277A.400 to 277A.490, inclusive. The recommendations must specify the proposed rate for the recommended tax, the period during which the recommended tax will be imposed and the type and location of the transportation projects the recommended tax will support.

(b) Submit the recommendations to the board of county commissioners.

2. Except as otherwise provided in subsection 5, upon the receipt of recommendations pursuant to subsection 1, the board of county commissioners may, at the next general election, submit a question to the voters of the county asking whether the recommended tax should be imposed in the county. The question submitted to the voters of the county must specify the proposed rate for the recommended tax, the period during which the recommended tax will be imposed, if the period was specified in the recommendations submitted pursuant to subsection 1, and the type and location of the transportation projects the recommended tax will support.

3. If a majority of the voters voting on the question submitted to the voters pursuant to subsection 2 vote affirmatively on the question:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 446 (CHAPTER 81, SB 426)ê

(a) The board of county commissioners shall impose the recommended tax in accordance with the provisions of NRS 277A.480 at the rate specified in the question submitted to the voters pursuant to subsection 2.

(b) The tax must be imposed notwithstanding the provisions of any specific statute to the contrary and, except as otherwise specifically provided in this section and NRS 277A.480 and 277A.490, such tax is not subject to any limitations set forth in any statute which authorizes the board of county commissioners to impose such tax, including, without limitation, any limitations on the maximum rate which may be imposed or the duration of the period during which such tax may be imposed.

4. A commission may not prepare and submit recommendations to the board of county commissioners pursuant to subsection 1 on or after December 31, [2020.] 2024.

5. A board of county commissioners may only use the authorization provided pursuant to subsection 2 to submit a question to the voters of the county one time, and only if the next general election at which the question is submitted to the voters is held not later than December 31, [2020.] 2024.

________

CHAPTER 82, SB 433

Senate Bill No. 433–Committee on Judiciary

CHAPTER 82

[Approved: May 16, 2019]

AN ACT relating to the California-Nevada Compact for Jurisdiction on Interstate Waters; revising and extending the provisions of the Compact; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth the California-Nevada Compact for Jurisdiction on Interstate Waters, an interstate agreement between the States of California and Nevada pursuant to which courts and law enforcement officers in either state have concurrent jurisdiction to arrest, prosecute and try offenders for certain prohibited conduct committed on Lake Tahoe or Topaz Lake. (NRS 171.077) Section 2 of this bill extends the concurrent jurisdiction to investigate and arrest offenders on any land mass not more than 5 air miles from Lake Tahoe or Topaz Lake for certain prohibited conduct committed on the body of water. Section 2 provides that certain claims brought against officers or employees of the States of California or Nevada or an agency or political subdivision thereof are subject to the conditions and limitations on civil actions established by the state of that officer or employee. Section 4 of this bill provides that these changes become effective if the State of California enacts amendments to the Compact that are substantially identical.

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.)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 447 (CHAPTER 82, SB 433)ê

Sec. 2. NRS 171.077 is hereby amended to read as follows:

171.077 The California-Nevada Compact for Jurisdiction on Interstate Waters is as follows:

ARTICLE I — Purpose and Policy

1. The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming an interstate boundary between California and Nevada because of difficulty in determining precisely where a criminal act was committed.

2. The Legislature declares that it is imperative for California and Nevada to maintain concurrent jurisdiction on Lake Tahoe and Topaz Lake to promote public safety.

3. The Legislature intends that a person committing an act which is illegal in both states not be freed merely because neither state could establish that a crime was committed within its boundaries.

[3.] 4. The California-Nevada Compact for Jurisdiction on Interstate Waters is enacted to provide for enforcement of the laws of this state with regard to certain acts committed on Lake Tahoe or Topaz Lake, on either side of the boundary line between California and Nevada.

ARTICLE II — Definitions

As used in this compact, unless the context otherwise requires, “party state” means a state which has enacted this compact.

ARTICLE III — Concurrent Jurisdiction

1. If conduct is prohibited by the party states, courts and law enforcement officers in either state who have jurisdiction over criminal offenses committed in a county where Lake Tahoe or Topaz Lake forms a common interstate boundary have concurrent jurisdiction to [arrest,] :

(a) Arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states [.] ; and

(b) Investigate and arrest offenders on any land mass not more than 5 air miles from Lake Tahoe or Topaz Lake for the prohibited conduct committed anywhere on the body of water forming a boundary between the two states.

2. This compact does not authorize:

(a) Prosecution of any person for conduct which is lawful in the state where it was committed.

(b) Any conduct prohibited by a party state.

3. If any claim, including, without limitation, a counterclaim or a cross-claim, is brought in a civil action which is filed in a party state and which is:

(a) Brought against a present or former law enforcement officer or employee of the other party state or an agency or political subdivision of the other party state; and

(b) Based on any alleged act or omission that is related to the official duties or employment of the present or former officer or employee and conducted under the authority of this compact,

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 448 (CHAPTER 82, SB 433)ê

Ê the claim is subject to the conditions and limitations on civil actions, including, without limitation, the provisions regarding sovereign immunity, established by the party state in which that officer or employee is or was an officer or employee.

ARTICLE IV — Ratification

This compact is ratified by enactment of the language of this compact, or substantially similar language expressing the same purpose, by the State of California and the State of Nevada.

Sec. 3. The Secretary of State shall transmit a certified copy of this act to the Governor of the State of California, and two certified copies of this act to the Secretary of State of the State of California for delivery to the respective houses of its Legislature. The Director of the Legislative Counsel Bureau shall transmit copies of this act to the Vice President of the United States as presiding officer of the Senate, the Speaker of the House of Representatives and each member of the Nevada Congressional Delegation.

Sec. 4. 1. This section and section 3 of this act become effective on July 1, 2019.

2. Section 2 of this act becomes effective upon proclamation by the Governor of this State of the enactment by the State of California of amendments that are substantially similar to the Compact contained in section 2 of this act.

________

CHAPTER 83, SB 454

Senate Bill No. 454–Committee on Natural Resources

CHAPTER 83

[Approved: May 16, 2019]

AN ACT relating to wildlife; making it unlawful to harass any game mammal or game bird or to engage in certain other activities relating to wildlife using a manned or unmanned aircraft; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law makes it unlawful for a person to harass any game mammals or game birds using an aircraft. (NRS 503.010) Similarly, existing law: (1) prohibits a person from intentionally killing or aiding and abetting another person in killing a big game mammal through the use of an aircraft; and (2) provides that any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used or intended for use to hunt or kill a big game mammal by using information obtained by any aircraft is subject to forfeiture. (NRS 501.376, 501.3857) Sections 1-3 of this bill clarify that, as used in those provisions of existing law, the word “aircraft” includes a manned or unmanned aircraft, such as an unmanned aerial vehicle.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 449 (CHAPTER 83, SB 454)ê

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 501.376 is hereby amended to read as follows:

501.376 1. Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear:

(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

(b) Through the use of [an] a manned or unmanned aircraft or helicopter in violation of NRS 503.010;

(d) Knowingly during a time other than:

(1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140; or

(2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or

(e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:

(1) Except as otherwise provided by the regulations adopted by the Commission pursuant to subsection 9 of NRS 501.181, other than the person specified on the tag;

(2) Outside of the management area or other area specified on the tag; or

(3) If the tag was obtained by a false or fraudulent representation.

2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

(a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or

(b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

(a) The nature of the offense;

(b) The circumstances surrounding the offense;

(d) The attitude of the defendant towards the offense; and

(e) The general objectives of sentencing.

4. A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 450 (CHAPTER 83, SB 454)ê

5. A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.

Sec. 2. NRS 501.3857 is hereby amended to read as follows:

501.3857 Any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used, or intended for use:

1. To facilitate the unlawful and intentional killing or possession of any big game mammal;

2. To hunt or kill a big game mammal by using information obtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which prohibits the location of big game mammals for the purpose of hunting or killing by the use of:

(a) [An] A manned or unmanned aircraft, including, without limitation, any unmanned aerial vehicle, as defined in NRS 493.020, or any other device that is used for navigation of, or flight in, the air;

(b) A hot air balloon or any other device that is lighter than air; or

(c) A satellite or any other device that orbits the earth and is equipped to produce images, or other similar devices; or

3. Knowingly to transport, sell, receive, acquire or purchase any big game mammal which is unlawfully killed or possessed,

Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive.

Sec. 3. NRS 503.010 is hereby amended to read as follows:

503.010 1. Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to harass any game mammals or game birds with [an] a manned or unmanned aircraft, helicopter or motor-driven vehicle, including a motorboat or sailboat.

2. Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from an aircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but the person may not shoot from, over or across a highway or road specified in NRS 503.175.

3. It is unlawful to spot or locate game mammals or game birds with any kind of aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.

4. It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.

5. It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when:

(a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road; or

(b) The loading or unloading is done in the course of an emergency or search and rescue operation.

6. It is unlawful to:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 451 (CHAPTER 83, SB 454)ê

(a) Use any information obtained from a radio signal or other transmission received from any transmitting device;

(b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device; or

(c) Use any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected, including, without limitation, records of information received from a transmitting device,

Ê to harass or take any game mammal, game bird or other wildlife.

7. It is unlawful to make use of equipment designed to receive a radio signal or other transmission from a transmitting device for any purpose without written authorization of the Department.

8. The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his or her duties, conducts a survey of wildlife with the use of an aircraft.

9. As used in this section:

(a) “Aircraft” includes, without limitation, any unmanned aerial vehicle, as defined in NRS 493.020, or any other device that is used for navigation of, or flight in, the air.

(b) “Game bird” does not include a raven, even if classified as a game bird pursuant to NRS 501.110.

(d) “Transmitting device” means any collar or other device which is attached to any game mammal, game bird or other wildlife or which is placed for the express purpose of detecting any game mammal, game bird or other wildlife and emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the game mammal, game bird or other wildlife.

________

CHAPTER 84, AB 482

Assembly Bill No. 482–Committee on Judiciary

CHAPTER 84

[Approved: May 16, 2019]

AN ACT relating to governmental administration; revising provisions relating to an application for issuance or renewal of a certificate of permission to perform marriages or specific marriages; revising provisions governing certain crimes related to soliciting or influencing marriage on county property or performing marriages; authorizing each county clerk to charge and collect a fee for the filing and recording or issuing of certain documents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a person who is an applicant to become a marriage officiant and who is not otherwise qualified to solemnize a marriage to complete a course for marriage officiants established by a county clerk and pay a certain fee for completing the course. Additionally, existing law requires the county clerk to deposit the fee paid by an applicant for completing such a course in the county treasury to be used for establishing and maintaining a course for marriage officiants.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 452 (CHAPTER 84, AB 482)ê

by an applicant for completing such a course in the county treasury to be used for establishing and maintaining a course for marriage officiants. (NRS 122.064) Section 2 of this bill expands the requirement to take a training course, if the county clerk has established such a training course, and pay a fee to any applicant for a certificate of permission to perform marriages or specific marriages. Additionally, section 2 requires the county clerk to deposit the fees collected from applicants who complete such a course in an account to be used to acquire technology or to improve technology used in the office of the county clerk. (NRS 19.016) Section 1 of this bill makes a conforming change.

Existing law prohibits any person, while on county property, from soliciting or otherwise influencing, another person to be married by a marriage commissioner or justice of the peace or at a commercial wedding chapel. (NRS 122.215) Section 3 of this bill provides for the imposition of a civil penalty of not more than $500 for each violation. Section 3 also authorizes a board of county commissioners to enact an ordinance delegating to a hearing officer the authority to determine such violations and levy civil penalties for those violations.

Existing law authorizes the imposition of a civil penalty against any person who knowingly performs a marriage which he or she is not lawfully authorized to perform. (NRS 122.260) Section 4 of this bill removes the element of knowledge, thereby making a person subject to such a civil penalty regardless of his or her knowledge regarding whether he or she has legal authority to perform the marriage.

Under existing law, in addition to other fees, each county clerk is authorized to charge an additional fee not to exceed $5 for filing and recording a bond of a notary public, per name. (NRS 19.013) The proceeds from this additional fee are required to be accounted for separately in the county general fund and used only to acquire technology for or to improve technology used in the office of the county clerk. (NRS 19.016) Section 5 of this bill authorizes each county clerk to also charge such a fee for filing and recording or issuing a: (1) declaration of candidacy or acceptance of candidacy for a public office; (2) certificate of assumed or fictitious name or renewal thereof; (3) certificate of termination of business or of ownership in a business under the assumed or fictitious name; (4) certificate of permission to perform marriages or a specific marriage; and (5) certified copy or certified abstract of a marriage certificate. Section 5 requires that the additional fees so collected be used only to acquire technology for or to improve technology used in the office of the county clerk.

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 122.062 is hereby amended to read as follows:

122.062 1. Any licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage in good standing within his or her church or religious organization, or either of them, incorporated, organized or established in this State, a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State, or a marriage officiant may join together in marriage persons who present a marriage license obtained from any county clerk of the State, if the minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant first obtains or renews a certificate of permission to perform marriages as provided in NRS 122.062 to 122.073, inclusive. The fact that a minister or other church or religious official authorized to solemnize a marriage is retired does not disqualify him or her from obtaining a certificate of permission to perform marriages if, before retirement, the minister or other church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 453 (CHAPTER 84, AB 482)ê

church or religious official authorized to solemnize a marriage had active charge of a church or religious organization for a period of at least 3 years.

2. A temporary replacement for a licensed, ordained or appointed minister or other church or religious official authorized to solemnize a marriage certified pursuant to NRS 122.062 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 for a period not to exceed 90 days, if the requirements of this subsection are satisfied. The minister or other church or religious official authorized to solemnize a marriage whom he or she temporarily replaces shall provide him or her with a written authorization which states the period during which it is effective, and the temporary replacement shall obtain from the county clerk in the county in which he or she is a temporary replacement a written authorization to solemnize marriage and submit to the county clerk an application fee of $25.

3. Any chaplain who is assigned to duty in this State by the Armed Forces of the United States may solemnize marriages if the chaplain obtains a certificate of permission to perform marriages from the county clerk of the county in which his or her duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof of his or her military status as a chaplain and of his or her assignment.

4. A licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage, active or retired, a notary public or person who desires to be a marriage officiant may submit to the county clerk in the county in which a marriage is to be performed an application to perform a specific marriage in the county. The application must:

(a) Include the full names and addresses of the persons to be married;

(b) Include the date and location of the marriage ceremony;

(d) [If the applicant is a person who desires to be a marriage officiant, include] If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, include verification that the applicant has satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064; and

(e) Be accompanied by an application fee of $25.

5. A county clerk may grant authorization to perform a specific marriage to a person who submitted an application pursuant to subsection 4 if the county clerk is satisfied that the minister or other church or religious official authorized to solemnize a marriage, whether he or she is active or retired, is in good standing with his or her church or religious organization or, in the case of a notary public, if the notary public is in good standing with the Secretary of State, [or in the case of a person who desires to be a marriage officiant,] and, if the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State, that the [person] applicant satisfied the requirements of paragraph (d) of subsection 1 of NRS 122.064. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. A person may not obtain more than five authorizations to perform a specific marriage pursuant to this section in any calendar year and must acknowledge that he or she is subject to the jurisdiction of the county clerk with respect to the provisions of this chapter governing the conduct of ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 454 (CHAPTER 84, AB 482)ê

ministers, other church or religious officials authorized to solemnize a marriage, notaries public or marriage officiants to the same extent as if he or she had obtained a certificate of permission to perform marriages.

[6. This section must not be construed to allow a county clerk to authorize a marriage officiant to solemnize a marriage unless the county clerk has established a course for marriage officiants.]

Sec. 2. NRS 122.064 is hereby amended to read as follows:

122.064 1. A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant resides, after the filing of a proper application. The initial application or application for renewal must:

(a) Be in writing and be verified by the applicant.

(b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

(1) Include the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and

(2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.

(1) Include the date of the appointment of the notary public by the Secretary of State; and

(2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.

(d) If the [applicant is not a minister, other church or religious official authorized to solemnize] county clerk has established a training course for an applicant seeking to obtain a [marriage or notary public but a person who desires to be a] certificate of permission to perform marriages or a single marriage [officiant:] in this State:

(1) Include an additional fee not to exceed $100 for [a] the course ; [for marriage officiants established by the county clerk;] and

(2) Be accompanied by verification that the applicant successfully completed [a] the course . [for marriage officiants established by the county clerk.]

(e) Include the social security number of the applicant.

(f) Be accompanied by an application fee of $25.

2. To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 455 (CHAPTER 84, AB 482)ê

(a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.

(b) An investigation of the background and present activities of the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.

3. In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

(a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicant’s ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.

(b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.

(c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.

4. The county clerk may require any applicant to submit information in addition to that required by this section.

5. The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

State of Nevada }

}ss.

County of ............................................. }

The.................................................. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at.................................................. (street address, city or town). The.................................................. (name of church or religious organization) hereby finds that.................................................. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the.................................................. (name of church or religious organization) to solemnize a marriage.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 456 (CHAPTER 84, AB 482)ê

I am duly authorized by.................................................. (name of church or religious organization) to complete and submit this affidavit.

Signature of Official

Name of Official

(type or print name)

Title of Official

Address

City, State and Zip Code

Telephone Number

Signed and sworn to (or affirmed) before me this.......... day of the month of.................... of the year...........

Notary Public for

.............................. County, Nevada.

My appointment expires..............................

6. Not later than 30 days after issuing or renewing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.

7. If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing address within 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 457 (CHAPTER 84, AB 482)ê

8. The fees collected by the county clerk pursuant to paragraph (d) of subsection 1 must be deposited in the [county treasury to be used for establishing and maintaining a course for marriage officiants.] account established pursuant to NRS 19.016.

Sec. 3. NRS 122.215 is hereby amended to read as follows:

122.215 It is unlawful for any county employee, commercial wedding chapel employee or other person to solicit or otherwise influence, while on county property where marriage licenses are issued, any person to be married by a marriage commissioner or justice of the peace or at a commercial wedding chapel. Any person who violates this section is subject to a civil penalty of not more than $500 for each violation. A board of county commissioners may, at the request of the county clerk, enact an ordinance delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for such violations.

Sec. 4. NRS 122.260 is hereby amended to read as follows:

122.260 If any person undertakes to join others in marriage [, knowing that he or she] and is not lawfully authorized so to do, or [knowing] knows of the existence of any legal impediment to the proposed marriage, the person shall be punished by a civil penalty of not more than $1,500. A board of county commissioners may enact an ordinance delegating to a hearing officer the authority to determine violations of this section and to levy civil penalties for those violations.

Sec. 5. NRS 19.013 is hereby amended to read as follows:

19.013 1. Except as otherwise provided by specific statute, the county clerk or clerk of the court, as applicable, shall charge and collect the following fees:

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer............................................ $56.00

On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court............................................... 42.00

On the filing of a petition for letters testamentary, letters of administration or setting aside an estate without administration, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500 72.00

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition for a guardianship, to be paid by the petitioner:

Where the stated value of the estate is more than $2,500.. 5.00

Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner........................................ 44.00

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 458 (CHAPTER 84, AB 482)ê

On the filing of an objection or cross-petition to the appointment of an executor or administrator, or an objection to the settlement of account or any answer in an estate matter..... $44.00

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants............... 44.00

For filing a notice of appeal............................................................... 24.00

For issuing a transcript of judgment and certifying thereto........... 3.00

For preparing any copy of any record, proceeding or paper, for each page, unless such fee is waived by the county clerk or clerk of the court............................................................................. 0.50

For each certificate of the clerk, under the seal of the court........... 3.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk or clerk of the court.................... 5.00

For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity................................ 15.00

For issuing any certificate under seal, not otherwise provided for 6.00

For searching records or files in the office of the county clerk or clerk of the court, for each year, unless such fee is waived by the county clerk or clerk of the court, as applicable............ 0.50

For filing and recording a bond of a notary public, per name...... 15.00

For entering the name of a firm or corporation in the register of the county clerk............................................. 20.00

2. [A] Except as otherwise provided in subsection 2 of NRS 246.180 or by specific statute, a county clerk may charge and collect, in addition to any fee that a county clerk is otherwise authorized to charge and collect, an additional fee not to exceed $5 for filing and recording or issuing a [bond] :

(a) Bond of a notary public, per name [.] ;

(b) Declaration of candidacy or acceptance of candidacy for a public office;

(d) Certificate of termination of business or of ownership in a business under an assumed or fictitious name as required pursuant to NRS 602.055;

(e) Certificate of permission to perform marriages or a specific marriage; and

(f) Certified copy or certified abstract of a marriage certificate.

3. On or before the fifth day of each month, the county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to [this] subsection 2 for credit to the account established pursuant to NRS 19.016.

[3.] 4. Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk or clerk of the court, as applicable.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 459 (CHAPTER 84, AB 482)ê

[4.] 5. The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk or clerk of the court, as applicable, in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

[5.] 6. No fee may be charged to any attorney at law admitted to practice in this State for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or the defendant’s attorney in any criminal case or in habeas corpus proceedings.

[6.] 7. Notwithstanding any other provision of law, no fee may be charged or collected for the filing of a petition for a guardianship other than the fee established in subsection 1.

[7.] 8. Each county clerk and clerk of the court shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

Sec. 6. This act becomes effective on July 1, 2019.

________

CHAPTER 85, AB 480

Assembly Bill No. 480–Committee on Judiciary

CHAPTER 85

[Approved: May 16, 2019]

AN ACT relating to written agreements; enacting provisions governing supported decision-making agreements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

This bill establishes the Supported Decision-Making Act, which authorizes an adult with a disability to enter into a supported decision-making agreement in which he or she designates one or more supporters to provide assistance when making decisions or engaging in certain other activities. Section 12 of this bill authorizes an adult to enter into a supported decision-making agreement at any time if the adult enters into the agreement voluntarily and understands the nature and effect of the agreement. Section 12 also sets forth the requirements for a supported decision-making agreement and authorizes such an agreement to be terminated in writing or verbally, and with notice to the other parties. Sections 13 and 14 of this bill establish the activities in which a supporter is authorized to engage.

Section 15 of this bill prohibits the existence of a supported decision-making agreement from being used as evidence of an adult’s incapacity. Section 16 of this bill provides that a decision or request made or communicated by an adult with the assistance of a supporter must, for the purposes of any provision of law, be recognized as the decision or request of the adult.

Section 17 of this bill authorizes any person who is not a party to a supported decision-making agreement to act in reliance on the agreement if the person acts in good faith and without knowledge of certain information affecting the validity of the agreement.

Section 18 of this bill clarifies that the provisions of the Supported Decision-Making Act must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 460 (CHAPTER 85, AB 480)ê

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 162A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

Sec. 2. Sections 2 to 18, inclusive, of this act may be cited as the Supported Decision-Making Act.

Sec. 3. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4. “Adult” means a natural person who is 18 years of age or older.

Sec. 5. “Affairs” means personal, health care or financial matters arising in the course of activities of daily living, including, without limitation:

1. Matters in which an adult makes decisions relating to his or her health, including, without limitation:

(a) Monitoring the adult’s health;

(b) Obtaining, scheduling and coordinating health and support services;

(d) Making personal decisions to provide for the adult’s care and comfort.

2. Financial matters in which an adult manages his or her income and assets and the use thereof for clothing, support, care, comfort, education, shelter or the payment of his or her liabilities.

Sec. 6. “Person” means a natural person, health care facility, provider of health care, corporation, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

Sec. 7. “Principal” means an adult who seeks to enter, or has entered, into a supported decision-making agreement with one or more supporters pursuant to sections 2 to 18, inclusive, of this act.

Sec. 8. “Support services” means a coordinated system of social and other services that are supplied by private, state, institutional or community providers and are designed to help maintain the independence of an adult, including, without limitation:

1. Homemaker services, such as house repair, cleaning, laundry, shopping and providing meals.

2. Companion services, such as transportation and the facilitation of written, oral and electronic communication.

3. Medical services.

4. Visiting nurse and attendant care.

5. Physical and psychosocial assessments.

6. Financial assessments and advisement relating to banking, taxes, loans, investments or the management of real property.

7. Legal assessments and advisement.

8. Educational services, including, without limitation, educational assessments and advisement.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 461 (CHAPTER 85, AB 480)ê

9. Personal care services, including, without limitation, assistance with daily activities such as bathing, dressing and eating.

10. Care planning.

11. Residential, employment or day program services and supports, including, without limitation, training or career planning.

12. Other services necessary to maintain the independence of an adult.

Sec. 9. “Supported decision-making agreement” means an agreement between a principal and one or more supporters that is entered into pursuant to sections 2 to 18, inclusive, of this act.

Sec. 10. “Supporter” means a person who is named in a supported decision-making agreement to provide specified assistance to a principal.

Sec. 11. 1. The purpose of sections 2 to 18, inclusive, of this act is to:

(a) Provide person-centered and directed assistance to an adult with a disability to gather and assess information, make informed decisions and communicate decisions;

(b) Give supporters legal status to be with such an adult and participate in discussions with others when the adult is making decisions or attempting to obtain information; and

(c) Enable supporters to assist in making and communicating decisions for such an adult but not substitute as the decision-maker for the adult.

2. Sections 2 to 18, inclusive, of this act must be interpreted in accordance with the following principles:

(a) An adult should be able to live in the manner in which he or she wishes and to accept or refuse support, assistance or protection as long as the adult does not harm others and is capable of making decisions about such matters;

(b) An adult should be able to be informed about and, to the best of his or her ability, participate in the management of his or her affairs;

(c) An adult should receive the most effective, yet least restrictive and intrusive, form of support, assistance or protection when the adult is unable to manage his or her affairs alone; and

(d) The values, beliefs, wishes, cultural norms and traditions that an adult holds should be respected in managing his or her affairs.

Sec. 12. 1. An adult may enter into a supported decision-making agreement at any time if the adult:

(a) Enters into the agreement voluntarily and without coercion or undue influence; and

(b) Understands the nature and effect of the agreement.

2. A supported decision-making agreement must:

(a) Be in writing;

(b) Be dated;

(d) List the types of decisions with which the supporter is authorized to assist the principal;

(e) List the types of decisions, if any, with which the supporter is not authorized to assist the principal; and

(f) Be signed by each party to the agreement in the presence of at least two adult witnesses.

3. A principal or a supporter may terminate a supported decision-making agreement at any time, either verbally or in writing, and with notice to the other parties to the agreement.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 462 (CHAPTER 85, AB 480)ê

Sec. 13. 1. Except as otherwise provided in a supported decision-making agreement and subsection 2, a supporter may do all of the following:

(a) Assist the principal in understanding information, options, responsibilities and consequences of the principal’s life decisions, including, without limitation, decisions relating to the principal’s affairs or supportive services.

(b) Help the principal access, obtain and understand any information that is relevant to any given life decision, including, without limitation, medical, psychological, financial or educational decisions, or any treatment records or records necessary to manage the principal’s affairs or support services.

(c) Assist the principal in finding, obtaining, making appointments for and implementing the principal’s support services or plans for support services.

(d) Help the principal monitor information about the principal’s affairs or support services, including, without limitation, keeping track of future necessary or recommended services.

(e) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.

2. A supporter is prohibited from doing any of the following:

(a) Exerting undue influence upon, or making decisions on behalf of, the principal.

(b) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist the principal pursuant to the supported decision-making agreement.

(c) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision pursuant to the supported decision-making agreement.

3. A supporter shall act with the care, competence and diligence ordinarily exercised by persons in similar circumstances, with due regard to the supporter’s possession or lack of special skills or expertise.

Sec. 14. 1. In addition to the activities set forth in section 13 of this act, a supporter may assist the principal with obtaining any information to which the principal is entitled, including, without limitation, a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, or educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

2. A supporter shall ensure that all information collected on behalf of a principal pursuant to this section is:

(a) Kept privileged and confidential, as applicable;

(b) Not subject to unauthorized access, use or disclosure; and

Sec. 15. The existence of a supported decision-making agreement that is entered into by an adult and one or more supporters pursuant to sections 2 to 18, inclusive, of this act may not be used as evidence of the adult’s incapacity and does not preclude the ability of the adult to act independently of the agreement.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 463 (CHAPTER 85, AB 480)ê

Sec. 16. A decision or request made or communicated by a principal with the assistance of a supporter in accordance with sections 2 to 18, inclusive, of this act must, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.

Sec. 17. Any person who is not a party to a supported decision-making agreement, including, without limitation, a provider of health care or provider of financial services, that in good faith accepts a supported decision-making agreement:

1. Without actual knowledge that any of the signatures thereon is not genuine may rely upon the presumption that such a signature is genuine.

2. Without actual knowledge that the supported decision-making agreement or the purported supporter’s authority is void, invalid or terminated may rely upon the supported decision-making agreement as if the agreement and supporter’s authority are genuine, valid and still in effect.

3. Is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the supported decision-making agreement or for following the direction of a supporter named in the supported decision-making agreement.

Sec. 18. 1. The provisions of sections 2 to 18, inclusive, of this act must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person as provided in NRS 200.5091 to 200.50995, inclusive.

2. As used in this section, the words and terms defined in NRS 200.5091 to 200.50995, inclusive, have the meanings ascribed to them in those sections.

Sec. 19. This act becomes effective on July 1, 2019.

________

CHAPTER 86, SB 9

Senate Bill No. 9–Committee on Judiciary

CHAPTER 86

[Approved: May 16, 2019]

AN ACT relating to criminal procedure; providing that there is no limitation of time within which a criminal prosecution for a sexual assault arising out of the same facts and circumstances as a murder must be commenced; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that there is no limitation of the time within which a prosecution for murder must be commenced. (NRS 171.080) Section 1 of this bill additionally provides that there is no limitation of time within which a prosecution for a sexual assault arising out of the same facts and circumstances as a murder must be commenced. Section 2 of this bill makes a conforming change.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 464 (CHAPTER 86, SB 9)ê

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 171.080 is hereby amended to read as follows:

171.080 There is no limitation of the time within which a prosecution for:

1. Murder , or a sexual assault arising out of the same facts and circumstances as a murder, must be commenced. It may be commenced at any time after the death of the person killed.

2. A violation of NRS 202.445 must be commenced. It may be commenced at any time after the violation is committed.

Sec. 2. NRS 171.083 is hereby amended to read as follows:

171.083 1. [If,] Except as otherwise provided in NRS 171.080, if, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person authorized to act on behalf of a victim of a sexual assault, or a victim of sex trafficking or a person authorized to act on behalf of a victim of sex trafficking, files with a law enforcement officer a written report concerning the sexual assault or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.

2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

3. If a victim of a sexual assault or sex trafficking is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.

4. For the purposes of this section, a victim of a sexual assault or sex trafficking is under a disability if the victim is insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.

5. As used in this section, “law enforcement officer” means:

(a) A prosecuting attorney;

(b) A sheriff of a county or the sheriff’s deputy;

(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

Secs. 3 and 4. (Deleted by amendment.)

Sec. 5. The amendatory provisions of this act apply to a person who:

1. Committed a sexual assault arising out of the same facts and circumstances as a murder before October 1, 2019, if the applicable statute of limitations has commenced but has not yet expired on October 1, 2019.

2. Commits a sexual assault arising out of the same facts and circumstances as a murder on or after October 1, 2019.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 465ê

CHAPTER 87, AB 16

Assembly Bill No. 16–Committee on Judiciary

CHAPTER 87

[Approved: May 16, 2019]

AN ACT relating to criminal procedure; increasing the time for law enforcement officers to execute and return search warrants to obtain DNA samples; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides that a search warrant may be executed and returned only within 10 days after its date. (NRS 179.075) Section 1 of this bill provides an exception to that requirement and specifies that if a search warrant provides for the collection of a biological specimen from a person, the warrant may be executed and returned within 6 months after its date. Section 5 of this bill provides that such an exception applies to a search warrant that is issued on or after October 1, 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 179 of NRS is hereby amended by adding thereto a new section to read as follows:

1. If a warrant provides for the collection of a biological specimen from a person, the warrant may be executed and returned within 6 months after its date.

2. As used in this section, “biological specimen” has the meaning ascribed to it in NRS 176.09112.

Sec. 2. NRS 179.075 is hereby amended to read as follows:

179.075 1. [The] Except as otherwise provided in section 1 of this act, a warrant may be executed and returned only within 10 days after its date.

2. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken.

3. The return [shall] must be made promptly and [shall] must be accompanied by a written inventory of any property taken. The inventory [shall] must be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and [shall] must be verified by the officer.

4. The magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

Sec. 3. NRS 179.015 is hereby amended to read as follows:

179.015 As used in NRS 179.015 to 179.115, inclusive, and section 1 of this act, the term “property” includes documents, books, papers and any other tangible objects.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 466 (CHAPTER 87, AB 16)ê

Sec. 4. NRS 179.115 is hereby amended to read as follows:

179.115 NRS 179.015 to 179.115, inclusive, and section 1 of this act do not modify any other statute regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made.

Sec. 5. The amendatory provisions of this act apply to a search warrant that is issued on or after October 1, 2019.

________

CHAPTER 88, SB 284

Senate Bill No. 284–Senators Parks, Brooks, Spearman; Cancela, Denis, Dondero Loop, D. Harris, Ratti, Scheible and Woodhouse

Joint Sponsors: Assemblymen Thompson; Carlton and Spiegel

CHAPTER 88

[Approved: May 17, 2019]

AN ACT relating to medical conditions; creating the Advisory Task Force on HIV Exposure Modernization; setting forth the duties of the Task Force; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

This bill creates the Advisory Task Force on HIV Exposure Modernization appointed by the Governor. This bill requires the Task Force to conduct a comprehensive examination during the 2019-2020 legislative interim of the statutes and regulations in this State related to the criminalization of exposing a person to the human immunodeficiency virus (HIV). This bill requires the Task Force to submit a report of its findings and recommendations to the Governor and the Legislative Counsel Bureau not later than September 1, 2020.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Whereas, Multiple peer-reviewed studies demonstrate that human immunodeficiency virus-specific laws do not reduce risk-taking behavior or increase disclosure by people living with or at risk of contracting the human immunodeficiency virus (HIV), and there is increasing evidence that these laws reduce the willingness to get tested; and

Whereas, Antiretroviral medications can reduce the human immunodeficiency virus to undetectable levels and reduce the risk of transmitting HIV to near zero; and

Whereas, Nevada has implemented multiple statutes that impose penalties on people with HIV who know their HIV status and potentially expose others to HIV; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The Advisory Task Force on HIV Exposure Modernization is hereby created.

2. The Governor shall:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 467 (CHAPTER 88, SB 284)ê

(a) Solicit applications for appointment to the Task Force; and

(b) After considering each application received pursuant to this subsection, appoint not more than 15 members to the Task Force ensuring that the majority of the members are:

(1) Persons who are living with the human immunodeficiency virus (HIV), affected by HIV or acquired immune deficiency syndrome (AIDS); or

(2) Persons who represent an occupation, organization or community that is more affected or more at risk of being affected than the general population by the current statutes and regulations of this State that criminalize exposure to HIV.

3. The Speaker of the Assembly and the Majority Leader of the Senate may each recommend to the Governor the appointment of one Legislator to the Task Force.

4. At the first meeting of the Task Force, the members of the Task Force shall elect a Chair and a Vice Chair by majority vote.

5. A vacancy occurring in the appointed membership of the Task Force must be filled in the same manner as the original appointment.

6. The Task Force shall solicit input from persons and nongovernmental agencies with expertise in matters relevant to the Task Force in carrying out its duties pursuant to this section, including, without limitation, persons, organizations and communities that are directly affected by the current statutes and regulations of this State that criminalize exposure to HIV or mandate HIV testing or disclosure as part of any civil or criminal law, or are likely to be affected by any law or policy recommended by the Task Force.

7. The Department of Health and Human Services shall provide the Task Force with such staff as is necessary for the Task Force to carry out its duties pursuant to this section.

8. The members of the Task Force serve without compensation or per diem allowance. A member may receive reimbursement for travel expenses if sufficient money collected pursuant to subsection 9 for the Task Force to carry out its duties is available.

9. The Task Force may apply for any available grants and accept any gifts, grants or donations to assist the Task Force in carrying out its duties pursuant to this section.

10. The Task Force shall:

(a) Identify, review and evaluate the current statutes and regulations of this State that criminalize exposure to HIV;

(b) Research the implementation and impact of such statutes and regulations, including without limitation, quantifying their impact through the analysis of the records, information and data relevant to this State to the extent possible;

(c) Identify any disparities in arrests, prosecutions or convictions under such statutes or regulations related to race, color, sex, sexual orientation, gender identity or expression, age or national origin;

(d) Evaluate current medical and scientific research with respect to the modes of HIV transmission implicated by such statutes and regulations;

(e) Identify any court decisions enforcing or challenging such statutes and regulations; and

(f) Assess developments occurring in other states and nationally with respect to modernizing HIV criminalization laws.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 468 (CHAPTER 88, SB 284)ê

11. The Task Force may make recommendations concerning any matter relating to the review and evaluation pursuant to subsection 10, including, without limitation, recommendations concerning proposed legislation, proposed regulations and policies.

12. The Task Force shall, on or before September 1, 2020, prepare and submit a report of the activities, findings and recommendations of the Task Force to:

(a) The Governor; and

(b) The Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Legislature.

Sec. 2. This act becomes effective on July 1, 2019.

________

CHAPTER 89, SB 62

Senate Bill No. 62–Committee on Revenue and Economic Development

CHAPTER 89

[Approved: May 21, 2019]

AN ACT relating to tobacco products; revising the information that manufacturers of tobacco products are required to indicate in certain certifications submitted to the Department of Taxation and the Attorney General; requiring styles of cigarettes to be included in the directory of cigarette brand families maintained by the Department; revising provisions governing notice of additions to or removals from that directory; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

On November 23, 1998, leading United States tobacco product manufacturers and the State of Nevada entered into a settlement agreement, entitled the “Master Settlement Agreement,” which obligates the manufacturers, in return for a release of past, present and certain future claims against them, to: (1) pay substantial sums to the State; (2) fund a national foundation devoted to the interests of public health; and (3) make substantial changes in their advertising and marketing practices and corporate culture. In 1999, the Nevada Legislature enacted provisions requiring all manufacturers of tobacco products sold in this State to participate in the Master Settlement Agreement or to place money in escrow. (Chapter 370A of NRS) In 2005, the Legislature made a finding that violations of chapter 370A of NRS threatened the integrity of the Master Settlement Agreement and the fiscal soundness of the State and public health, and enacted procedural safeguards to aid in the enforcement of the provisions of chapter 370A of NRS. (NRS 370.600-370.705) The procedural safeguards enacted by the Legislature in 2005 include, without limitation: (1) a requirement that each manufacturer of tobacco products execute and deliver to the Department of Taxation and the Attorney General a certification which certifies under penalty of perjury the manufacturer’s compliance with the Master Settlement Agreement or the requirement to place certain money in escrow and includes, without limitation, a list of the manufacturer’s brand families; (2) a requirement that the Department of Taxation create and maintain a directory that lists all manufacturers of tobacco products that have provided current and accurate certifications and all brand families listed in those certifications; and (3) the imposition of civil and criminal penalties against a person who affixes a revenue stamp to, or sells or offers to sell, any cigarettes of a manufacturer of tobacco products or brand family not included in the directory.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 469 (CHAPTER 89, SB 62)ê

any cigarettes of a manufacturer of tobacco products or brand family not included in the directory. (NRS 370.665, 370.675, 370.695, 370.696)

Section 2 of this bill requires a manufacturer of tobacco products to indicate its styles of cigarettes in the certification submitted to the Department of Taxation and the Attorney General under existing law. Section 3 of this bill requires the Department to include styles of cigarettes in the directory of manufacturers of tobacco products and brand families required to be maintained by existing law. Section 1 of this bill makes a conforming change so that the provisions of existing law prohibiting the possession or sale of, and authorizing the seizure and disposition of, cigarettes of a brand family not listed in the directory apply to a style of cigarettes not listed in the directory.

Under existing law, the Department of Taxation is required to notify each wholesale dealer of cigarettes when a manufacturer or brand family is added to or removed from the directory required to be maintained by the Department. Existing law requires each wholesale dealer to provide a copy of that notice to each retail dealer that is a customer of the wholesale dealer and provide the Department with a list of each retail dealer to which a copy of the notice is provided. (NRS 370.675, 370.677) Section 4 of this bill requires these notices to be provided when a style of cigarettes is added to or removed from the directory.

Section 5 of this bill applies the same criminal penalties that apply to a person who affixes a revenue stamp to, or sells or offers to sell, any cigarettes of a manufacturer of tobacco products or brand family not included in the directory to a person who affixes a revenue stamp to, or sells or offers to sell, any style of cigarettes not included in the directory.

Section 6 of this bill revises provisions imposing certain civil penalties on wholesale dealers of cigarettes and manufacturers of tobacco products that do not participate in the Master Settlement Agreement to authorize the imposition of these civil penalties: (1) on all manufacturers of tobacco products rather than only manufacturers of tobacco products that do not participate in the Master Settlement Agreement; and (2) for violations of certain regulations adopted pursuant to existing law governing these wholesale dealers and manufacturers.

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 370.025 is hereby amended to read as follows:

370.025 “Contraband tobacco products” means any:

1. Counterfeit cigarettes;

2. Other counterfeit tobacco product;

3. Cigarettes or “roll-your-own” tobacco offered for sale in this State by a manufacturer, or cigarettes or “roll-your-own” tobacco of a brand family [,] or style, that is not listed in the directory created pursuant to NRS 370.675;

4. Cigarettes bearing a tribal stamp issued by the Department which are sold or offered for sale at a retail location that is not located on qualified tribal land; or

5. Cigarettes or other tobacco product:

(a) Exported from or imported into this State, or mailed, shipped, delivered, sold, exchanged, transported, distributed or held for distribution within the borders of this State by any person in violation of any of the provisions of this chapter;

(b) In any way held in the possession or constructive possession of any person not authorized under this chapter to possess or constructively possess the cigarettes or other tobacco product; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 470 (CHAPTER 89, SB 62)ê

Sec. 2. NRS 370.665 is hereby amended to read as follows:

370.665 1. A manufacturer of tobacco products whose cigarettes are sold in this State, whether or not directly or through a distributor, retailer or similar intermediary or intermediaries shall, not later than April 30 of each year, execute and deliver to the Attorney General and the Department, on a form provided by the Attorney General, a certification which certifies under penalty of perjury that, as of the date of that certification, the manufacturer of tobacco products is:

(a) A participating manufacturer; or

(b) In full compliance with subsection 2 of NRS 370A.140, including any quarterly installment payments required pursuant to NRS 370.690.

2. Except as otherwise provided in NRS 370.670:

(a) A participating manufacturer shall include in its certification pursuant to this section a list of its brand families [.] and styles of cigarettes. The participating manufacturer shall update that list at least 30 calendar days before it adds to or modifies its brand families or styles of cigarettes by executing and delivering a supplemental certification to the Attorney General and the Department.

(b) A nonparticipating manufacturer shall, in its certification pursuant to this section:

(1) Include:

(I) A list of all of its brand families and the number of units sold for each brand family that were sold in the State during the preceding calendar year;

(II) A list of all of its brand families and styles of cigarettes that have been sold in the State at any time during the current calendar year;

(III) The current mailing address of the nonparticipating manufacturer; and

(IV) A valid electronic mail address of the nonparticipating manufacturer;

(2) Indicate [any] each brand family and style of cigarettes sold in the State during the preceding calendar year that is no longer being sold in the State as of the date of the certification; and

(3) Identify, by name and address:

(I) Any other manufacturer of those brand families in the preceding or current calendar year; and

(II) Each wholesale dealer that sells or offers for sale in this State any brand family of the nonparticipating manufacturer.

Ê A nonparticipating manufacturer shall update the information required by this paragraph at least 30 calendar days before it adds to or modifies its brand families or styles of cigarettes or sells or distributes cigarettes in this State through a new wholesale dealer by executing and delivering a supplemental certification to the Attorney General and the Department.

3. In addition to the requirements of subsection 2, the certification of a nonparticipating manufacturer pursuant to this section must certify:

(a) That the nonparticipating manufacturer is registered to do business in the State or has appointed an agent for service of process and provided notice thereof as required by NRS 370.680;

(b) That the nonparticipating manufacturer has:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 471 (CHAPTER 89, SB 62)ê

(1) Established and continues to maintain a qualified escrow fund; and

(2) Executed a qualified escrow agreement governing the qualified escrow fund that has been reviewed and approved by the Attorney General;

(c) That the nonparticipating manufacturer is in full compliance with chapter 370A of NRS and any regulations adopted pursuant thereto;

(d) The name, address and telephone number of the financial institution where the nonparticipating manufacturer has established the qualified escrow fund required pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto;

(e) The account number of that qualified escrow fund and any subaccount number for this State;

(f) The amount the nonparticipating manufacturer placed in that qualified escrow fund for cigarettes sold in the State during the preceding calendar year, the date and amount of each such deposit, and such evidence or verification as may be deemed necessary by the Department or the Attorney General to confirm the information required by this paragraph; and

(g) The amount and date of any withdrawal or transfer of money the nonparticipating manufacturer made at any time from that qualified escrow fund or from any other qualified escrow fund into which it ever made escrow payments pursuant to chapter 370A of NRS and any regulations adopted pursuant thereto.

Sec. 3. NRS 370.675 is hereby amended to read as follows:

370.675 1. The Department shall create and maintain on its Internet website and otherwise make available for public inspection a directory that lists, except as otherwise provided in NRS 370.600 to 370.705, inclusive, all manufacturers of tobacco products that have provided current and accurate certifications conforming to the requirements of NRS 370.600 to 370.705, inclusive, and all brand families and styles of cigarettes that are listed in those certifications. The Department:

(a) Shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that has failed to provide the required certification or whose certification the Department determines is not in compliance with NRS 370.600 to 370.705, inclusive, unless the Department has determined that the violation has been cured to its satisfaction.

(b) Shall not include or retain in the directory a manufacturer of tobacco products or brand family if the Department concludes, for a nonparticipating manufacturer, that:

(1) Any escrow payment required pursuant to chapter 370A of NRS for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement which has been approved by the Attorney General; or

(2) Any outstanding final judgment, including any interest thereon, for a violation of chapter 370A of NRS has not been fully satisfied for that manufacturer or brand family.

2. The Department shall update the directory as necessary to correct mistakes and to add or remove a manufacturer of tobacco products , [or] brand family or style of cigarettes to keep the directory in conformity with the requirements of NRS 370.600 to 370.705, inclusive.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 472 (CHAPTER 89, SB 62)ê

3. Any determination of the Department not to include in or to remove from the directory a manufacturer of tobacco products , [or] brand family or style of cigarettes is a final decision for the purposes of judicial review.

Sec. 4. NRS 370.677 is hereby amended to read as follows:

370.677 1. The Department shall notify each wholesale dealer when a manufacturer , [or] brand family or style of cigarettes is added to or removed from the directory pursuant to NRS 370.675 by sending a notice to the mailing address or electronic mail address of the wholesale dealer provided to the Department pursuant to NRS 370.073.

2. A wholesale dealer shall, not later than 7 days after receiving a notice pursuant to subsection 1, provide:

(a) A copy of the notice to each retail dealer that is a customer of the wholesale dealer; and

(b) The Department with a list of each retail dealer to which a copy of the notice is provided pursuant to paragraph (a).

3. A retail dealer may, not later than 60 days after receiving a copy of a notice pursuant to subsection 2 that a manufacturer , [or] brand family or style of cigarettes has been removed from the directory pursuant to NRS 370.675, sell any cigarettes in its possession from the manufacturer or of the brand family [.] or style. The retail dealer shall, at the expiration of the 60-day period, turn over possession of any unsold cigarettes to the Department for disposal in the manner provided in subsection 4 of NRS 370.270.

4. A wholesale dealer shall not purchase cigarettes for resale from a manufacturer, or of a brand family [,] or style, which has been removed from the directory by the Department, or for which the wholesale dealer receives a notice of removal from the Department, until the manufacturer , [or] brand family or style is reentered in the directory by the Department.

Sec. 5. NRS 370.695 is hereby amended to read as follows:

370.695 1. It is unlawful for any person to:

(a) Affix a stamp to a package or other container of cigarettes of a manufacturer of tobacco products , [or] brand family or style which is not included in the directory; or

(b) Sell, or offer or possess for sale, in this State cigarettes of a manufacturer of tobacco products , [or] brand family or style not included in the directory.

2. A person who violates any provision of subsection 1 is guilty of a gross misdemeanor.

3. In addition to any other penalty authorized by law, the Department may impose on each person who violates any provision of subsection 1 a civil penalty for each such violation of not more than $5,000 or 500 percent of the retail value of the cigarettes involved in the violation, whichever is greater.

4. Any violation of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

5. For the purposes of this section, each stamp affixed to and each sale or offer to sell cigarettes in violation of subsection 1 constitutes a separate violation.

Sec. 6. NRS 370.696 is hereby amended to read as follows:

370.696 1. In addition to or in lieu of any other penalty or remedy provided by law, the Attorney General may seek a civil penalty in an amount not to exceed $1,000 per day for the failure of a wholesale dealer timely or accurately to comply with any provision of this chapter or chapter 370A of NRS [.]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 473 (CHAPTER 89, SB 62)ê

NRS [.] or any regulation adopted pursuant thereto. The license of the wholesale dealer may be suspended or revoked if the wholesale dealer fails to pay such a civil penalty within 30 days after it is imposed.

2. In addition to or in lieu of any other penalty or remedy provided by law, the Attorney General may seek a civil penalty in an amount not to exceed $1,000 per day for the failure of a [nonparticipating] manufacturer of tobacco products timely or accurately to comply with any provision of this chapter or chapter 370A of NRS [.] or any regulation adopted pursuant thereto. A [nonparticipating] manufacturer of tobacco products and the brand families of a [nonparticipating] manufacturer of tobacco products may be denied listing in the directory or removed from the directory if the [nonparticipating] manufacturer of tobacco products fails to pay such a civil penalty within 30 days after it is imposed.

3. Any civil penalty collected pursuant to this section must be deposited in the Account for Tobacco Enforcement.

________

CHAPTER 90, SB 225

Senate Bill No. 225–Senators Spearman, Parks, Woodhouse, Cannizzaro; D. Harris, Ohrenschall and Scheible

Joint Sponsor: Assemblyman Hafen

CHAPTER 90

[Approved: May 21, 2019]

AN ACT relating to veterans; requiring the Director of the Department of Veterans Services to submit to the Interim Finance Committee an annual report detailing expenditures made from the Account to Assist Veterans Who Have Suffered Sexual Trauma; authorizing veterans who experienced an act of sexual assault to obtain compensation from the Fund for the Compensation of Victims of Crime; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, the Director of the Department of Veterans Services administers the Account to Assist Veterans Who Have Suffered Sexual Trauma. Money from the Account is used to assist veterans who have suffered sexual trauma while on active duty or during military training. (NRS 417.119) Section 1 of this bill requires the Director to submit an annual report to the Interim Finance Committee detailing the expenditures made from the Account.

Existing law authorizes certain victims of crime to apply to receive compensation from the Fund for the Compensation of Victims of Crime. (NRS 217.100, 217.260) Section 2 of this bill amends the existing definition of “victim” for the purposes of the Fund and authorizes veterans who experienced an act of sexual assault to obtain compensation from the Fund.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 474 (CHAPTER 90, SB 225)ê

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 417.119 is hereby amended to read as follows:

417.119 1. The Account to Assist Veterans Who Have Suffered Sexual Trauma is hereby created in the State General Fund. The Director shall administer the Account.

2. The Director may apply for any available grants and accept gifts, grants, donations and any other source of money for deposit in the Account.

3. Money deposited in the Account and any interest and income earned on such money must be used only to assist veterans who have suffered sexual trauma while on active duty or during military training. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account. All money in the Account must be paid out on claims approved by the Director as other claims against the State are paid. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, but must be carried forward to the next fiscal year.

4. The Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Account for the immediately preceding fiscal year.

Sec. 2. NRS 217.070 is hereby amended to read as follows:

217.070 1. “Victim” means:

(a) A person who is physically injured or killed as the direct result of a criminal act;

(b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

(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;

(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;

(f) An older person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;

(g) A 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]

(h) A person who is trafficked in violation of subsection 2 of NRS 201.300 [.] ; or

(i) A veteran who experienced an act of sexual assault while serving on active duty, active duty for training or inactive duty training.

2. The term includes any person who was harmed by 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

(b) The act was committed by an adult or a minor.

Sec. 3. This act becomes effective upon passage and approval.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 475ê

CHAPTER 91, SB 39

Senate Bill No. 39–Committee on Commerce and Labor

CHAPTER 91

[Approved: May 21, 2019]

AN ACT relating to appraisers; incorporating various requirements provided in section 1473 of the Dodd-Frank Wall Street Reform and Consumer Protection Act that govern appraisers who are certified or licensed in this State and appraisal management companies that are registered in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

In 2010, the United States Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. (Pub. L. No. 111-203) Section 1473 of the Dodd-Frank Act amended various sections of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. §§ 3331 to 3356, as it relates to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and created additional requirements for appraisal management companies. This bill incorporates the new requirements that were created by the Dodd-Frank Act into Nevada Revised Statutes.

Section 1473 of the Dodd-Frank Act created a new definition for “appraisal management company.” (12 U.S.C. § 3350(11)) Section 13 of this bill incorporates this new definition by amending the definition for “appraisal management company.” Sections 2-4 of this bill additionally incorporate federal law by creating new definitions that are copied from 12 U.S.C. § 3350. Section 12 of this bill makes conforming changes.

Section 1473 of the Dodd-Frank Act requires each state with an appraiser certifying and licensing agency to transmit reports on the issuance of any sanctions, disciplinary actions, license and certification revocations and license and certification suspensions on a timely basis to the national registry of the Appraisal Subcommittee. (12 U.S.C. § 3338(a)(2)) The Dodd-Frank Act further requires the Appraisal Subcommittee to monitor each state appraiser certifying and licensing agency to determine whether such an agency reports complaints and disciplinary actions on a timely basis to the national registry on appraisers maintained by the Appraisal Subcommittee. (12 U.S.C. § 3347(a)(5)) Section 5 of this bill incorporates these requirements by requiring the Real Estate Division of the Department of Business and Industry to report to the national registry of the Appraisal Subcommittee any: (1) sanction, final disciplinary action or revocation, suspension or denial to renew a certificate, license or registration card taken against an appraiser or intern; and (2) violation by an appraiser or intern of existing law. The Dodd-Frank Act requires each state to transmit similar reports concerning appraisal management companies. (12 U.S.C. §§ 3338(a)(3), 3347(a)(5)); 12 C.F.R. §§ 34.213(a)(7), 225.193(a)(7), 323.11(a)(7), 1026.42(h), 1222.23(a)(7)) Section 11 of this bill incorporates these requirements by requiring the Division to report to the national registry of the Appraisal Subcommittee any: (1) supervisory activity, investigation, final disciplinary action or revocation, suspension or denial to renew a registration taken against an appraisal management company; and (2) violation by an appraisal management company of existing law.

Section 1473 of the Dodd-Frank Act requires the Appraisal Subcommittee to monitor each state appraiser certifying and licensing agency to determine if such an agency: (1) processes complaints and completes investigations in a reasonable time period; and (2) appropriately disciplines sanctioned appraisers and appraisal management companies. (12 U.S.C. § 3347(a)(2)&(3); 12 C.F.R. §§ 34.213(a)(5)&(6), 225.193(a)(5)&(6), 323.11(a)(5)&(6), 1026.42(h), 1222.23(a)(5)&(6)) Existing law sets forth such requirements for appraisers.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 476 (CHAPTER 91, SB 39)ê

sets forth such requirements for appraisers. (NRS 645C.460-645C.540) Sections 6-11 of this bill create similar provisions that govern appraisal management companies to comply with section 1473 of the Dodd-Frank Act.

Section 1473 of the Dodd-Frank Act requires each state with an appraiser certifying and licensing agency to: (1) collect annual registry fees from appraisers and appraisal management companies; and (2) remit these annual registry fees to the Federal Financial Institutions Examination Council or the Appraisal Subcommittee on an annual basis. (12 U.S.C. § 3338(a)(4)) Sections 14, 15, 18, 21 and 26 of this bill incorporate this requirement for the State to collect and remit the annual registry fee.

Section 1473 of the Dodd-Frank Act authorizes a state-licensed appraiser to perform a 1-to-4 unit, single family residential appraisal unless the size and complexity requires a state-certified appraiser. The size and complexity requires a state-certified appraiser when the appraisal is an appraisal for which the property to be appraised, the form of ownership, the property characteristics or the market conditions are atypical. (12 U.S.C. § 3342(2)) Section 15 of this bill adds language to clarify the type of appraisals a licensed appraiser in Nevada may perform.

Appraisal management companies must require that appraisals are conducted independently and free from inappropriate influence and coercion pursuant to the appraisal independence standards established under 15 U.S.C. § 1639e. (12 U.S.C. § 3353(a)(4)) Sections 20 and 22 of this bill comply with federal law by requiring appraisal independence through compliance with the appraisal independence requirements in 15 U.S.C. §1639e.

Section 1473 of the Dodd-Frank Act provides that an appraisal management company that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institution regulatory agency shall not be required to register with a state. (12 U.S.C. § 3353(c)) Section 21 complies with federal law by providing that such appraisal management companies do not have to register with this State.

Section 1473 of the Dodd-Frank Act requires appraisal management companies to verify that only licensed or certified appraisers are used for federally related transactions. (12 U.S.C. § 3353(a)(2)) Federal regulations adopted pursuant to section 1473 of the Dodd-Frank Act require a state certifying and licensing agency that is registering an appraisal management company to verify that the appraisers on the appraisal management company’s appraiser panel hold valid state certifications or licenses. (12 C.F.R. §§ 34.213(a)(4), 225.193(a)(4), 323.11(a)(4), 1026.42(h), 1222.23(a)(4)) Section 22 incorporates these requirements.

Federal regulations adopted pursuant to section 1473 of the Dodd-Frank Act require a state certifying and licensing agency that is registering an appraisal management company to review and approve or deny an appraisal management company’s application for the initial registration and the renewal registration. (12 C.F.R. §§ 34.213(a)(1)&(2), 225.193(a)(1)&(2), 323.11(a)(1)&(2), 1026.42(h), 1222.23(a)(1)&(2)) Sections 22 and 24 incorporate this requirement by requiring the Division to deny such applications in certain situations. Section 22 additionally provides a procedure for an applicant who is denied registration to reapply for such registration in certain situations.

Section 1473 of the Dodd-Frank Act provides that an appraisal management company shall not be registered by a state if such company is owned by any person who has had an appraiser license or certificate refused, denied, cancelled, surrendered in lieu of revocation or revoked in any state. (12 U.S.C. § 3353(d); 12 C.F.R. §§ 34.214, 225.194, 323.12, 1026.42(h), 1222.24) Section 27 of this bill incorporates this federal requirement by requiring the Commission of Appraisers of Real Estate to revoke the registration of an appraisal management company if the appraiser license or certificate of one of its owners is refused, denied, cancelled, surrendered or revoked in any state.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 477 (CHAPTER 91, SB 39)ê

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 645C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

Sec. 2. “Appraisal Subcommittee” means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

Sec. 3. “Federal financial institutions regulatory agency” means the:

1. Board of Governors of the Federal Reserve System;

2. Federal Deposit Insurance Corporation;

3. Office of the Comptroller of the Currency;

4. National Credit Union Administration;

5. Federal Housing Finance Agency; or

6. Consumer Financial Protection Bureau.

Sec. 4. “Federally related transaction” means any financial transaction related to real estate which:

1. A federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for or regulates; and

2. Requires the services of an appraiser.

Sec. 5. The Division shall report to the national registry of the Appraisal Subcommittee, pursuant to 12 U.S.C. § 3338, any:

1. Sanction, final disciplinary action or revocation, suspension or denial to renew a certificate, license or registration card taken by the Commission against an appraiser or intern; and

2. Violation by an appraiser or intern of this chapter or any regulations adopted pursuant thereto.

Sec. 6. 1. If an application for renewal of a registration as an appraisal management company is denied pursuant to NRS 645C.665, the Division shall notify the registrant within 15 days after its decision.

2. If the registrant, within 30 days after receipt of the notice denying the application for renewal, files a written request containing allegations which, if true, qualify the registrant for renewal of a registration, the President of the Commission shall set the matter for a hearing to be conducted within 90 days after receipt of the registrant’s request.

3. The hearing must be held at a time and place prescribed by the Commission. At least 15 days before the date set for the hearing, the Division shall serve the registrant with written notice of the hearing and include with the notice an exact copy of any protests filed, together with copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the matter in question. The notice may be served by personal delivery to the registrant, or by certified mail to the registrant’s last known business or residential address.

4. The hearing may be held by the Commission or a majority thereof, and a hearing must be held if the registrant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.

5. The Commission shall render a decision on the matter within 60 days after the final hearing and notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 478 (CHAPTER 91, SB 39)ê

Sec. 7. 1. The procedure set forth in this section and sections 8 and 9 of this act must be followed before the Commission revokes or suspends a registration as an appraisal management company.

2. Upon the initiation of a complaint by the Administrator, the Administrator shall set the matter for a hearing and schedule a date for the hearing before the Commission. The registrant is entitled to appear at the hearing in person and to be represented by counsel.

3. The Commission shall hold the hearing within 90 days after the filing of a complaint by the Administrator. The hearing may be continued by the Commission upon its own motion, or at the discretion of the Commission upon the written request of the Division or registrant, for good cause shown.

4. The Division shall give written notice of the date, time and place of the hearing, together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in the possession of the Division relevant to the complaint, to the registrant not less than 30 days before the hearing. The Division may present evidence which the Division obtains after the notice was given only if the Division shows that the evidence was not available upon diligent investigation before the notice was given and that the evidence was given or communicated to the registrant immediately after the evidence was obtained.

5. Notice pursuant to this section is deemed to be given upon personal delivery to the registrant, or upon mailing by certified mail to the registrant’s last known address.

Sec. 8. 1. The registrant must file an answer to the charges with the Commission not later than 30 days after service of the notice and other documents described in section 7 of this act. The answer must contain an admission or denial of the allegations contained in the complaint and any defense upon which the registrant will rely. If no answer is filed within the period described in this subsection, the Division may, after notice to the registrant is given in the manner provided in subsection 5 of section 7 of this act, move the Commission for the entry of a default against the registrant.

2. The answer may be served by delivery to the Commission, or by mailing the answer by certified mail to the principal office of the Division.

3. No proceeding to suspend or revoke a registration as an appraisal management company may be maintained unless it is commenced by giving notice to the registrant within 5 years after the commission or omission of the alleged grounds to suspend or revoke the registration as an appraisal management company, except that:

(a) If the charges are based upon a misrepresentation or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

(b) The period is suspended during the pendency of any action or proceeding, to which the Division, registrant or one of the affiliated appraisers of the registrant is a party, which involves the conduct of the registrant or the affiliated appraiser in a transaction to which the alleged grounds to suspend or revoke the registration are related.

Sec. 9. The Commission shall render a decision within 15 days after a hearing and serve the registrant with a written notice of the decision within 60 days after the hearing. If the decision is adverse to the registrant, the notice must include the date upon which the decision becomes effective, which must not be less than 30 days after the date of the notice.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 479 (CHAPTER 91, SB 39)ê

the notice must include the date upon which the decision becomes effective, which must not be less than 30 days after the date of the notice.

Sec. 10. The expiration, revocation or suspension of a registration as an appraisal management company by operation of law or by order or decision of the Commission or a court of competent jurisdiction, or the voluntary surrender of a registration by an appraisal management company, does not:

1. Prohibit the Commission or Division from initiating or continuing an investigation of, or an action or disciplinary proceeding against, the appraisal management company, or any affiliated appraiser of the appraisal management company, as authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto; or

2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this chapter or the regulations adopted pursuant thereto against the appraisal management company.

Sec. 11. The Division shall report to the national registry of the Appraisal Subcommittee, pursuant to 12 U.S.C. § 3338, any:

1. Supervisory activity, investigation, final disciplinary action or revocation, suspension or denial to renew of a registration taken by the Commission against an appraisal management company; and

2. Violation by an appraisal management company of this chapter or any regulations adopted pursuant thereto.

Sec. 12. NRS 645C.010 is hereby amended to read as follows:

645C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 645C.020 to 645C.130, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

Sec. 13. NRS 645C.034 is hereby amended to read as follows:

645C.034 1. “Appraisal management company” means a person, limited-liability company, partnership, association or corporation which , for compensation:

(a) Functions as a third-party intermediary between an appraiser valuing properties which secure mortgage loans or mortgages incorporated into a securitization and [a] :

(1) A creditor of a consumer credit transaction secured by the principal dwelling of a consumer or other principal in secondary mortgage markets; or

(2) Any other user of real estate appraisal services;

(b) [Administers] Recruits, selects, retains and administers a network or panel of appraisers in this State or in the United States, performing real estate appraisal services as independent contractors;

(c) Enters into an agreement to provide real estate appraisal services with a user of such services and one or more appraisers performing such services as independent contractors; [or]

(d) Manages the process of having an appraisal performed, including, without limitation, providing administrative duties such as:

(1) Receiving appraisal orders and appraisal reports;

(2) Submitting completed appraisal reports to creditors and underwriters;

(3) Collecting fees from creditors and underwriters for services provided; and

(4) Reimbursing appraisers for services performed;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 480 (CHAPTER 91, SB 39)ê

(e) Reviews and verifies the work of appraisers;

(f) Contracts with certified appraisers and licensed appraisers to perform appraisal assignments; or

(g) Otherwise serves as a third-party broker of appraisal services.

2. The term does not include:

(a) An appraisal firm;

(b) Any person licensed to practice law in this State who orders an appraisal in connection with a bona fide client relationship when that person directly contracts with an independent appraiser;

(c) Any person or entity that contracts with an independent appraiser acting as an independent contractor for the completion of appraisal assignments that the person or entity cannot complete for any reason, including, without limitation, competency, workload, scheduling or geographic location; and

(d) Any person or entity that contracts with an independent appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and, upon the completion of such an assignment, cosigns the appraisal report with the independent appraiser acting as an independent contractor.

Sec. 14. NRS 645C.240 is hereby amended to read as follows:

645C.240 1. Except as otherwise provided in subsections 2 and 3, all fees, penalties and other charges received by the Division pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

2. Fees received by the Division:

(a) From the sale of publications must be retained by the Division to pay the costs of printing and distributing publications.

(b) For examinations must be retained by the Division to pay the costs of the administration of examinations.

Ê Any surplus of the fees retained by the Division for the administration of examinations must be deposited with the State Treasurer for credit to the State General Fund.

3. The portion of the fees collected by the Division pursuant to NRS 645C.450 and 645C.680 for the issuance or renewal of a certificate or license as a residential appraiser , [or] the issuance or renewal of a certificate as a general appraiser or the issuance or renewal of a registration as an appraisal management company which is used for payment of the annual registry fee to the Federal Financial Institutions Examination Council or the Appraisal Subcommittee pursuant to 12 U.S.C. § 3338, must be retained by the Division for payment to the Federal Financial Institutions Examination Council [.] or the Appraisal Subcommittee on an annual basis.

4. Money for the support of the Division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the State are paid.

Sec. 15. NRS 645C.280 is hereby amended to read as follows:

645C.280 1. An appraiser may obtain from the Division:

(a) A license as a residential appraiser, which authorizes him or her to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, if:

(1) The total value does not exceed $1,000,000 and the complexity of the transaction does not, under the regulations of a federal agency or the [standards adopted] classifications and qualifications established by the [Appraisal Subcommittee of the Federal Financial Institutions Examination Council,] Appraiser Qualifications Board of the Appraisal Foundation, require a certified appraiser; or

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 481 (CHAPTER 91, SB 39)ê

[Appraisal Subcommittee of the Federal Financial Institutions Examination Council,] Appraiser Qualifications Board of the Appraisal Foundation, require a certified appraiser; or

(2) The property is not a complex property;

(b) A certificate as a residential appraiser, which authorizes him or her to perform an appraisal of real estate suitable for or consisting of no more than four residential units in any one transaction, without regard to value or complexity; or

2. A person certified or licensed as a residential appraiser may, under the direct supervision of a person certified as a general appraiser, assist in the preparation and communication of an appraisal that is outside the scope of the certificate or license.

3. Only a person certified or licensed as an appraiser from whom the Division has collected the annual registry fee to be paid to the Federal Financial Institutions Examination Council pursuant to 12 U.S.C. § 3338 and who is in active status on the National Registry of Appraisers is eligible to perform federally related transactions.

4. The Commission may establish, by regulation, additional classifications of licensure or certification, and the qualifications therefor, if necessary to comply with classifications and qualifications established by the [Appraisal Subcommittee of the Federal Financial Institutions Examination Council.] Appraiser Qualifications Board of the Appraisal Foundation.

Sec. 16. NRS 645C.320 is hereby amended to read as follows:

645C.320 1. The Administrator shall issue a certificate or license, as appropriate, to any person:

(a) Of good moral character, honesty and integrity;

(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330 or any regulation adopted pursuant to that section;

(c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the Commission; and

(d) Who submits all information required to complete an application for a certificate or license.

2. The Administrator may deny an application for a certificate or license to any person who:

(a) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

(b) Makes a false statement of a material fact on his or her application; or

(c) Has ever had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction . [, within the 10 years immediately preceding the date of application.]

Sec. 17. NRS 645C.350 is hereby amended to read as follows:

645C.350 1. The Division shall cause examinations to be conducted not less than once every 6 months.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 482 (CHAPTER 91, SB 39)ê

2. An applicant may not take the written examination before completing the requirements for experience [, but a certificate or license must not be issued until all the requirements are met.] and education.

3. The Division shall notify each applicant in writing whether the applicant passed or failed the examination, or has alternatively satisfied the requirements for a certificate, license or permit pursuant to NRS 645C.360, as determined by the Commission.

Sec. 18. NRS 645C.450 is hereby amended to read as follows:

645C.450 1. The following fees may be charged and collected by the Division:

Application for a certificate, license or registration card................... $100

Issuance or renewal of a certificate or license as a residential appraiser 320

Issuance or renewal of a certificate as a general appraiser................. 420

Issuance of a permit.................................................................................. 115

Issuance or renewal of a registration card............................................. 190

Issuance of a duplicate certificate or license for an additional office.. 50

Change in the name or location of a business........................................ 20

Reinstatement of an inactive certificate or license................................. 30

Annual approval of a course of instruction offered in preparation for an initial certificate or license 100

Original approval of a course of instruction offered for continuing education 100

Renewal of approval of a course of instruction offered for continuing education 50

2. The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

(a) Any examination for a certificate or license, including any costs which are necessary for the administration of such an examination.

(b) Any investigation of a person’s background.

3. The Division shall collect and remit the annual registry fee to the Federal Financial Institutions Examination Council or to the Appraisal Subcommittee, as appropriate, pursuant to 12 U.S.C. § 3338 and the rules or regulations issued thereunder.

Sec. 19. NRS 645C.530 is hereby amended to read as follows:

645C.530 1. Any member of the Commission or investigatory staff of the Division may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books and papers.

2. If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, [the Administrator or] the President of the Commission or the Administrator may report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpoenaed by the Commission or Division pursuant to this section; and

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 483 (CHAPTER 91, SB 39)ê

(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission [,] or Division, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission [.] or Division.

3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced the books or papers before the Commission [.] or Division. A certified copy of the order must be served upon the witness.

4. If it appears to the court that the subpoena was regularly issued by the Commission [,] or Division, the court shall enter an order that the witness appear before the Commission [,] or Division, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order the witness must be dealt with as for contempt of court.

Sec. 20. NRS 645C.557 is hereby amended to read as follows:

645C.557 1. A person with an interest in a real estate transaction involving an appraisal shall not improperly influence or attempt to improperly influence, through coercion, extortion or bribery, the development, reporting, result or review of the appraisal.

2. An appraiser shall conduct all appraisals independently, as required by the appraisal independence requirements pursuant to 15 U.S.C. § 1639e and the rules or regulations issued thereunder.

3. Subsection 1 does not prohibit a person with an interest in a real estate transaction from requesting that an appraiser:

(a) Consider additional appropriate property information;

(b) Provide further detail, substantiation or explanation for the appraiser’s conclusion as to value; or

Sec. 21. NRS 645C.600 is hereby amended to read as follows:

645C.600 The provisions of NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act do not apply to:

1. A person, limited-liability company, partnership, association or corporation other than an appraisal management company which, in the normal course of its business, employs persons for the performance of real estate appraisal services; or

2. An appraisal management company that [enters into not more than nine contracts annually with independent contractors in this State.] is a subsidiary owned and controlled by an insured depository institution or an insured credit union and is regulated by a federal financial institutions regulatory agency. Such an appraisal management company is not required to register with the State but must pay an annual registry fee to the Division in an amount determined by the Appraisal Subcommittee in accordance with federal law.

Sec. 22. NRS 645C.650 is hereby amended to read as follows:

645C.650 1. A person [who] or entity that wishes to be registered as an appraisal management company in this State must file a written application with the Division upon a form prepared and furnished by the Division and pay [the fee] all fees required pursuant to NRS 645C.680. An application must:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 484 (CHAPTER 91, SB 39)ê

(a) State the name, residence address and business address of the applicant and the location of each principal office and branch office at which the appraisal management company will conduct business within this State;

(b) State the name under which the applicant will conduct business as an appraisal management company;

(c) List the name, residence address and business address of each person who will, if the applicant is not a natural person, have [an] at least a 10-percent ownership interest in the appraisal management company as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person; [and]

(d) Include a complete set of the fingerprints of the applicant or, if the applicant is not a natural person, a complete set of the fingerprints of each person who will have [an] at least a 10-percent ownership interest in the appraisal management company as a principal, partner, officer, director or trustee, and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report [.] ; and

(e) Identify the number of certified or licensed appraisers in Nevada in the network or panel currently maintained by the appraisal management company and, if applicable, the total number of certified or licensed appraisers nationwide in the network or panel currently maintained by the appraisal management company.

2. Except as otherwise provided in NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act, the Division shall issue a registration to an applicant as an appraisal management company if:

(a) The application is verified by the Division and complies with the requirements of NRS 645C.600 to 645C.740, inclusive [.] , and sections 6 to 11, inclusive, of this act;

(b) The applicant , each owner and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:

(1) Submits satisfactory proof to the Division that he or she has a good reputation for honesty, trustworthiness and integrity and displays competence to transact the business of an appraisal management company in a manner which safeguards the interests of the general public ; [.]

(2) Has not been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of appraisal or any crime involving fraud, misrepresentation or moral turpitude ; [.]

(3) Has not made a false statement of material fact on his or her application ; [.]

(4) Has [not] never had a license that was issued pursuant to the provisions of this chapter suspended, revoked or voluntarily surrendered in lieu of suspension or revocation [within the 10 years immediately preceding the date of application.] which has not been subsequently reinstated;

(5) Has [not] never had a professional license that was issued in this State or any other state, district or territory of the United States or any foreign country suspended or revoked [within the 10 years immediately preceding the date of application.] which has not been subsequently reinstated; and

(6) Has not violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Commission or the Administrator ; [.]

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 485 (CHAPTER 91, SB 39)ê

(1) Has a process in place to verify that each independent contractor that provides services to the appraisal management company is the holder of a license in good standing to practice appraisal in this State ; [.]

(2) Has a process in place to review the work of each independent contractor that provides services to the appraisal management company to ensure that those services are conducted in accordance with the Uniform Standards of Professional Appraisal Practice ; [.]

(3) Will maintain a detailed record of each request for service it receives and the independent contractor who fulfilled that request [.] ;

(4) Has a system in place to ensure that all appraisals are conducted independently, as required by the appraisal independence requirements pursuant to 15 U.S.C. § 1639e and any rules or regulations issued thereunder; and

(5) Has a system in place to ensure that the appraisal management company is selecting a certified or licensed appraiser who has the requisite education, expertise and experience necessary to competently complete the appraisal assignment for the particular market and property type; and

(d) The applicant discloses whether or not the company uses an appraiser fee schedule. For the purposes of this paragraph, “appraiser fee schedule” means a list of the various real estate appraisal services requested by the appraisal management company from independent contractors and the amount the company will pay for the performance of each service listed.

3. The Division shall deny an application for registration of an appraisal management company, if in the course of its investigation, the Division determines that the application fails to comply with or meet the standards specified in this chapter or any regulations adopted pursuant thereto. If an application for registration is denied, the Division shall notify the applicant within 15 days after its decision.

4. An applicant who is denied registration pursuant to subsection 3 may reapply to the Division within 30 days after receipt of the notice denying the application for registration. The reapplication must demonstrate through a written statement, containing any necessary supporting evidence, that an error was made in the original application and that the applicant does otherwise qualify for registration. Denial of a reapplication for registration is not appealable.

5. If an applicant fails to reapply within 30 days after receipt of the notice denying the application for registration, the applicant may not reapply for registration for 1 year.

6. Failure to reapply within 30 days after receipt of the notice denying the application for registration is not appealable.

Sec. 23. NRS 645C.660 is hereby amended to read as follows:

645C.660 1. An applicant for registration under NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act shall file with the Division, in a form prescribed by regulation, an irrevocable consent appointing the Administrator his or her agent for service of process in a noncriminal proceeding against the applicant, a successor or personal representative which arises under NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act or a regulation or order of the Commission after the consent is filed, with the same force and validity as if served personally on the person filing the consent.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 486 (CHAPTER 91, SB 39)ê

2. A person who has filed a consent complying with subsection 1 in connection with a previous application for registration need not file an additional consent.

3. If a person, including a nonresident of this State, engages in conduct prohibited or made actionable by NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act or a regulation or order of the Commission and the person has not filed a consent to service of process under subsection 1, engaging in the conduct constitutes the appointment of the Administrator as the person’s agent for service of process in a noncriminal proceeding against the person, a successor or personal representative which grows out of the conduct.

4. Service under subsection 1 or 3 may be made by leaving a copy of the process in the Office of the Administrator, but it is not effective unless:

(a) The plaintiff, who may be the Administrator, sends notice of the service and a copy of the process by registered or certified mail, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if no consent to service of process has been filed, at the last known address, or takes other steps which are reasonably calculated to give actual notice; and

(b) The plaintiff files an affidavit of compliance with this subsection in the proceeding on or before the return day of the process, if any, or within such further time as the court, or the Administrator in a proceeding before the Administrator, allows.

5. Service as provided in subsection 4 may be used in a proceeding before the Administrator or by the Administrator in a proceeding in which the Administrator is the moving party.

6. If the process is served under subsection 4, the court, or the Administrator in a proceeding before the Administrator, may order continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend.

Sec. 24. NRS 645C.665 is hereby amended to read as follows:

645C.665 1. A registration issued pursuant to NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act expires each year on the date of its issuance, unless it is renewed. To renew such a registration, the registrant must submit to the Division on or before the expiration date:

[1.] (a) An application for renewal [;

2.] , which may include an update of all the information required by NRS 645C.650, 645C.655 and 645C.660;

(b) The fee required to renew the registration pursuant to NRS 645C.680; and

[3.] (c) All information required to complete the renewal.

2. The Division shall deny an application for renewal of a registration as an appraisal management company if in the course of its investigation the Division determines that the application fails to comply with or meet the standards specified in this chapter or any regulations adopted pursuant thereto.

Sec. 25. NRS 645C.675 is hereby amended to read as follows:

645C.675 1. If an appraisal management company terminates its association with an independent contractor for any reason, the appraisal management company shall, not later than the third business day following the date of termination, deliver to the independent contractor or send by certified mail to the last known residence address of the independent contractor a written statement which advises the independent contractor of the termination.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 487 (CHAPTER 91, SB 39)ê

certified mail to the last known residence address of the independent contractor a written statement which advises the independent contractor of the termination.

2. An independent contractor who is aggrieved by a termination may lodge a complaint with the Commission. The Commission may consider whether the appraisal management company violated the provisions of NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act and may revoke, suspend or deny renewal of a registration in the manner set forth in NRS 645C.500 to 645C.550, inclusive [.] , and section 5 of this act.

Sec. 26. NRS 645C.680 is hereby amended to read as follows:

645C.680 [A person must pay the following fee to be issued or to renew a registration as an appraisal management company pursuant to NRS 645C.600 to 645C.740, inclusive:]

1. [To be issued a registration, the applicant must pay a fee set by the] The Division , with advice from the Commission, shall establish by regulation [of not more than $2,500 for the principal office and not more than $100 for each branch office. The person must also pay such additional expenses incurred in the process of investigation as the Division deems necessary.] fees for appraisal management companies, including, without limitation, fees for:

(a) Application for registration;

(b) Registration;

(d) Late renewal of registration;

(e) Investigation of applicants; and

(f) Inactive status.

2. [To renew a registration, the applicant must pay a fee set by the] Except as otherwise provided in this subsection, the Division [by regulation of not more than $500 for the principal office and not more than $100 for each branch office.] shall collect and remit the annual registry fee to the Federal Financial Institutions Examination Council or to the Appraisal Subcommittee, as appropriate, pursuant to 12 U.S.C. § 3338 and the rules or regulations issued thereunder. The fee required by this subsection must be collected from an appraisal management company only if, during the applicable year, the appraisal management company oversees a network or panel of more than 15 certified or licensed appraisers in this State or 25 or more certified or licensed appraisers nationally.

Sec. 27. NRS 645C.710 is hereby amended to read as follows:

645C.710 1. For each violation committed by an applicant for a registration issued pursuant to NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act, whether or not the applicant is issued a registration, the Commission may impose upon the applicant an administrative fine of not more than $10,000 if the applicant:

(a) Has knowingly made or caused to be made to the Commission any false representation of material fact;

(b) Has suppressed or withheld from the Commission any information which the applicant possesses and which, if submitted by the applicant, would have rendered the applicant ineligible to be registered pursuant to the provisions of NRS 645C.600 to 645C.740, inclusive [;] , or sections 6 to 11, inclusive, of this act; or

(c) Has violated any provision of NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act, a regulation adopted pursuant to NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act or an order of the Commission in completing and filing the application for a registration or during the course of the investigation of the application for a registration.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 488 (CHAPTER 91, SB 39)ê

NRS 645C.600 to 645C.740, inclusive, and sections 6 to 11, inclusive, of this act or an order of the Commission in completing and filing the application for a registration or during the course of the investigation of the application for a registration.

2. For each violation committed by an appraisal management company, the Commission may impose upon the appraisal management company an administrative fine of not more than $10,000, may suspend, revoke or place conditions on the registration or may do both, if the appraisal management company, whether or not acting as such:

(a) Is grossly negligent or incompetent in performing any act for which the appraisal management company is required to be registered pursuant to NRS 645C.600 to 645C.740, inclusive [;] , and sections 6 to 11, inclusive, of this act;

(b) Does not conduct its business in accordance with the law or has violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Commission;

(d) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the appraisal management company knew or, by the exercise of reasonable diligence, should have known;

(e) Has knowingly made or caused to be made to the Commission any false representation of material fact or has suppressed or withheld from the Commission any information which the appraisal management company possesses and which, if submitted by the appraisal management company, would have rendered the appraisal management company ineligible to be registered pursuant to the provisions of NRS 645C.600 to 645C.740, inclusive [;] , and sections 6 to 11, inclusive, of this act;

(f) Has been convicted of, or entered a plea of nolo contendere to, a felony relating to the practice of appraisal or any crime involving fraud, misrepresentation or moral turpitude; or

(g) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.

3. The Commission shall revoke the registration of an appraisal management company if the appraiser license or certificate of one of its owners is refused, denied, cancelled, surrendered or revoked in any state.

Sec. 28. NRS 645C.720 is hereby amended to read as follows:

645C.720 Except as otherwise provided in NRS 645C.600, it is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, advertise or assume to act as an appraisal management company without first obtaining a registration from the Division pursuant to NRS 645C.600 to 645C.740, inclusive [.] , and sections 6 to 11, inclusive, of this act.

Sec. 29. This act becomes effective:

1. Upon passage and approval for the purposes 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, 2019, for all other purposes.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 489ê

CHAPTER 92, SB 119

Senate Bill No. 119–Senators Cancela, Parks, Cannizzaro and Spearman

Joint Sponsor: Assemblywoman Martinez

CHAPTER 92

[Approved: May 21, 2019]

AN ACT relating to occupational safety; requiring certain workers performing work at sites where certain exhibitions, conventions or trade shows occur to receive certain health and safety training; providing administrative penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires certain employees performing work on construction sites or certain sites related to the entertainment industry to complete certain training courses relating to occupational health and safety. (NRS 618.950-618.9913) This bill enacts similar requirements for workers who perform work at certain sites where exhibitions, conventions or trade shows occur.

Section 11 of this bill requires: (1) supervisory employees working at such sites to complete a specified 30-hour health and safety course not later than 15 days after being hired; and (2) certain other workers working at such a site to complete a specified 10-hour course not later than 15 days after being hired. Section 7 of this bill defines “worker” to include only those persons whose primary occupation is to perform convention services work at such a site, which includes certain work related to the construction, installation, maintenance, operation, repair or removal of trade show or exhibition displays. Section 8 of this bill provides that the requirements in this bill do not apply to a person who is a volunteer or other person who is not paid to work at such a site.

Section 9 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to adopt regulations approving courses which may be used to fulfill the requirements of section 11. Section 10 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the course is being provided.

Section 12 of this bill requires employers to suspend or terminate the employment of an employee at an applicable site who fails to provide proof of obtaining the required training not later than 15 days after being hired. Section 13 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a site after the 15-day period if those employees have not obtained the required training.

Section 16 of this bill: (1) allows employees to satisfy the requirements of section 11 by completing an alternative course offered by their employer; (2) requires an employee that satisfies the requirements of section 11 by completing an alternative course to take an approved course by January 1, 2021; and (3) requires an employer to maintain and make available to the Division of Industrial Relations a record of all employees that have completed an alternative course until a date to be established by the Division by regulation.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 490 (CHAPTER 92, SB 119)ê

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 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act, have the meanings ascribed to them in those sections.

Sec. 3. “OSHA-10 course” means a 10-hour course in construction industry or general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

Sec. 4. “OSHA-30 course” means a 30-hour course in construction industry or general industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

Sec. 5. “Site” means a facility which incorporates both space for exhibitions and a substantial number of smaller spaces for meetings and which is primarily for use by trade shows, conventions or related activities.

Sec. 6. “Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

Sec. 7. 1. Except as otherwise provided in this subsection, “worker” means a person whose primary occupation is to perform convention services work at a site. The term does not include a person whose primary occupation is to:

(a) Perform catering;

(b) Perform janitorial services;

(d) Provide security; or

(e) Provide, maintain or arrange floral decorations or displays.

2. As used in this section, “convention services work” includes, without limitation:

(a) Constructing, installing, maintaining, operating or removing trade show or exhibition displays;

(b) Loading or unloading equipment and materials;

(d) Rigging display areas; and

(e) Installing temporary electrical power for use in display areas.

Sec. 8. The provisions of sections 2 to 13, inclusive, of this act do not apply to a volunteer or any other person who is not paid to perform work at a site.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 491 (CHAPTER 92, SB 119)ê

Sec. 9. 1. The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of section 11 of this act.

2. The Division shall establish a registry to track the providers of courses approved pursuant to subsection 1.

3. The Division shall adopt regulations that set forth guidelines for job-specific training to qualify as continuing education for the purposes of section 11 of this act.

Sec. 10. 1. Each trainer shall display his or her trainer card in a conspicuous manner at each location where the trainer provides an OSHA-10 course or an OSHA-30 course.

2. No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.

3. As used in this section:

(a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course in OSHA Standards for the Construction Industry or OSHA 501, the Trainer Course in OSHA Standards for General Industry.

(b) “Trainer card” means the card issued upon completion of OSHA 500, the Trainer Course in OSHA Standards for the Construction Industry, or OSHA 501, the Trainer Course in OSHA Standards for General Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

Sec. 11. 1. Not later than 15 days after the date a worker other than a supervisory employee is hired, the worker must:

(a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act; or

(b) Complete an OSHA-10 alternative course which is offered by his or her employer.

2. Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must:

(a) Obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act; or

(b) Complete an OSHA-30 alternative course which is offered by his or her employer.

3. Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

(b) Providing proof satisfactory to the Division that the worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 9 of this act in an amount of:

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

4. As used in this section:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 492 (CHAPTER 92, SB 119)ê

(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United Sates Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

Sec. 12. 1. If a worker other than a supervisory employee fails to:

(a) Present his or her employer with a current and valid completion card for an OSHA-10 course; or

(b) Complete an OSHA-10 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

2. If a supervisory employee at a site fails to:

(a) Present his or her employer with a current and valid completion card for an OSHA-30 course; or

(b) Complete an OSHA-30 alternative course offered by his or her employer,

Ê not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

3. As used in this section:

(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

(b) “OSHA-30 alternative course” means a 30-hours course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

Sec. 13. 1. If the Division finds that an employer has failed to suspend or terminate an employee as required by section 12 of this act, the Division shall:

(a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $500.

(b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.

(c) Upon the third and each subsequent violation, impose upon the employer the penalty provided in NRS 618.635 as if the employer had committed a willful violation.

2. For the purposes of this section, any number of violations discovered in a single day constitutes a single violation.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 493 (CHAPTER 92, SB 119)ê

3. Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.

Sec. 14. Section 11 of this act is hereby amended to read as follows:

Sec. 11. 1. Not later than 15 days after the date a worker other than a supervisory employee is hired, the worker must [:

(a) Obtain] obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act . [; or

(b) Complete an OSHA-10 alternative course which is offered by his or her employer.]

2. Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must [:

(a) Obtain] obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 9 of this act . [; or

(b) Complete an OSHA-30 alternative course which is offered by his or her employer.]

3. Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

(a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

(1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

(2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

[4. As used in this section:

(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

Sec. 15. Section 12 of this act is hereby amended to read as follows:

Sec. 12. 1. If a worker other than a supervisory employee fails to [:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 494 (CHAPTER 92, SB 119)ê

(a) Present] present his or her employer with a current and valid completion card for an OSHA-10 course [; or

(b) Complete an OSHA-10 alternative course offered by his or her employer,

Ê] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

2. If a supervisory employee at a site fails to [:

(a) Present] present his or her employer with a current and valid completion card for an OSHA-30 course [; or

(b) Complete an OSHA-30 alternative course offered by his or her employer,

Ê] not later than 15 days after being hired, the employer shall suspend or terminate his or her employment.

[3. As used in this section:

(a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

Sec. 16. 1. Not later than January 1, 2021, a worker or supervisory employee who satisfies the requirements of subsection 1 or 2 of section 11 of this act by completing an OSHA-10 alternative course or OSHA-30 alternative course, as defined in section 11 of this act, must complete an OSHA-10 course or OSHA-30 course, as defined in sections 3 and 4 of this act, as applicable, in order to continue to satisfy the requirements of subsection 1 or 2 of section 11 of this act.

2. An employer shall maintain a record of all workers and supervisory employees who have completed an OSHA-10 alternative course or OSHA-30 alternative course offered by the employer and the date upon which the worker or employee completed the course. The employer shall make the record available at all times for inspection by the Division of Industrial Relations of the Department of Business and Industry and its authorized agents.

3. The Division of Industrial Relations shall, by regulation, establish the length of time that an employer must maintain the record described in subsection 2.

4. As used in this section, “worker” has the meaning ascribed to it in section 7 of this act.

Sec. 17. 1. This section and sections 1 to 13, inclusive, and 16 of this act become effective on January 1, 2020.

2. Sections 14 and 15 of this act become effective on January 1, 2021.

________

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 495ê

CHAPTER 93, SB 134

Senate Bill No. 134–Senator Woodhouse

Joint Sponsor: Assemblywoman Carlton

CHAPTER 93

[Approved: May 21, 2019]

AN ACT relating to nurses; authorizing an advanced practice registered nurse to make certain certifications, diagnoses and determinations in lieu of a physician or other provider of health care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes an advanced practice registered nurse to provide his or her signature, certification, stamp, verification or endorsement when such is required by a physician, if it is within the scope of practice of the advanced practice registered nurse. (NRS 632.237) Sections 1-7 of this bill authorize an advanced practice registered nurse to sign certain statements and forms for submission to the Department of Motor Vehicles for certain designations on a person’s driver’s license. (NRS 483.330, 483.348, 483.349, 483.363, 483.384, 483.575, 483.865) Sections 8, 16 and 17 of this bill similarly authorize an advanced practice registered nurse to sign certain statements attesting to a person’s inability to wear a safety belt or a child restraint system for medical or physical reasons. (NRS 484B.157, 484D.495, 484D.500) Section 9 of this bill authorizes an advanced practice registered nurse to determine whether a person has hemophilia or a heart condition requiring the use of an anticoagulant, and therefore exempt from a blood test intended to measure the concentration of alcohol in his or her blood. (NRS 484C.160) Section 15 of this bill authorizes an advanced practice registered nurse to certify whether a person is exempt, due to an inability to provide a deep lung breath sample, from a breath test intended to measure the concentration of alcohol in his or her breath. (NRS 484C.460) Sections 10-14 of this bill authorize an advanced practice registered nurse who has been certified by the State Board of Nursing to make such an evaluation to evaluate certain offenders to determine if an offender is an abuser of alcohol or drugs and whether the offender can be treated successfully. (NRS 484C.300, 484C.320, 484C.330, 484C.340, 484C.350) Sections 28-34 of this bill authorize an advanced practice registered nurse to take certain actions and make certain determinations and certifications regarding a power of attorney. (NRS 162A.220, 162A.260, 162A.790, 162A.810, 162A.815, 162A.860, 162A.865) Section 35 of this bill authorizes an advanced practice registered nurse to make certain certifications regarding a custodial trust. (NRS 166A.260) Section 37 of this bill requires the State Board of Nursing to adopt regulations for the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to evaluate certain offenders to determine if an offender is an abuser of alcohol or drugs and whether the offender can be treated successfully. Sections 38 and 39 of this bill authorize an advanced practice registered nurse to sign a statement verifying a physical or mental disability for the purpose of making the person with the disability eligible for certain free or reduced rates for certain modes of public transportation. (NRS 704.140, 706.351)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 496 (CHAPTER 93, SB 134)ê

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 483.330 is hereby amended to read as follows:

483.330 1. The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:

(a) A test of the applicant’s ability to understand official devices used to control traffic;

(b) A test of the applicant’s knowledge of practices for safe driving and the traffic laws of this State;

(d) Except as otherwise provided in subsection 3, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways. If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicant’s knowledge of the provisions of NRS 484B.165.

2. The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician , [or] optometrist , physician or advanced practice registered nurse in lieu of an eye test by a driver’s license examiner.

3. If the Department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

(a) Past, present or prospective employer of the applicant; or

(b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

Ê in lieu of an actual demonstration.

4. The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:

(a) Has not attained 21 years of age, except that the Department may, based on the driving record of the applicant, waive the examination to demonstrate the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the same type or class of vehicle for which he or she is to be licensed;

(b) Has had his or her license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 497 (CHAPTER 93, SB 134)ê

(c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct;

(d) Has restrictions to his or her driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

(e) Has had three or more convictions of moving traffic violations on his or her driving record during the immediately preceding 4 years; or

(f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of [Parts] Part 1327 [et seq.] of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

Sec. 2. NRS 483.348 is hereby amended to read as follows:

483.348 1. Except as otherwise provided in subsection 2, the Department shall issue a driver’s license with a specially colored background to any person who qualifies for a driver’s license pursuant to the provisions of this chapter and delivers to the Department a signed statement from a physician or an advanced practice registered nurse that the person is an insulin dependent diabetic or an epileptic. The Department shall designate one color to be used only for a driver’s license held by a diabetic and another color to be used only for a driver’s license held by an epileptic.

2. In lieu of issuing a driver’s license pursuant to subsection 1, the Department may issue to a person specified in that subsection a driver’s license with a specially colored border around the photograph on the license.

3. The Department of Public Safety shall provide for the education of peace officers on the:

(a) Effects and treatment of a person suffering from a diabetic condition or an epileptic seizure and the similarity in appearance of a person suffering from a diabetic condition or an epileptic seizure to a person under the influence of alcohol or a controlled substance; and

(b) Procedures for identifying and handling situations involving a person suffering from a diabetic condition or an epileptic seizure.

Sec. 3. NRS 483.349 is hereby amended to read as follows:

483.349 1. Upon the application of a person with a disability which limits or impairs the ability to walk, the Department shall place on any driver’s license issued to the person pursuant to the provisions of this chapter a designation that the person is a person with a disability. The application must include a statement from a licensed physician or an advanced practice registered nurse certifying that the applicant is a person with a disability which limits or impairs the ability to walk.

2. For the purposes of this section, “person with a disability which limits or impairs the ability to walk” has the meaning ascribed to it in NRS 482.3835.

Sec. 4. NRS 483.363 is hereby amended to read as follows:

483.363 1. A person who is 18 years of age or older may file with the Department a report requesting that the Department examine a licensee who:

(a) Is related to the person filing the report within the third degree of consanguinity or who is the spouse of the person filing the report; and

(b) The person filing the report reasonably and in good faith believes cannot safely operate a motor vehicle.

2. The report described in subsection 1 must:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 498 (CHAPTER 93, SB 134)ê

(a) Include the name, relationship, address, telephone number and signature of the person filing the report.

(b) State the person’s basis for believing that the licensee cannot safely operate a motor vehicle, which basis must be:

(1) Personal observation or physical evidence of a physical or medical condition that has the potential to impair the ability of the licensee to operate a motor vehicle, corroborated by an affidavit from a physician or an advanced practice registered nurse in which the physician or advanced practice registered nurse concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle;

(2) Personal knowledge that the driving record of the licensee indicates the unsafe operation of a motor vehicle, corroborated by an affidavit from a physician or an advanced practice registered nurse in which the physician or advanced practice registered nurse concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle; or

(3) An investigation by a law enforcement officer.

(c) Be kept confidential, except as otherwise provided in NRS 239.0115 and except that the report must be released upon request of the licensee or an order of a court of competent jurisdiction.

Ê No person may file more than one report concerning the same licensee within a 12-month period.

3. The Administrator shall prescribe:

(a) A standard form to be used for the filing of a report pursuant to this section; and

(b) The procedure to be used for the filing of a report pursuant to this section.

Sec. 5. NRS 483.384 is hereby amended to read as follows:

483.384 1. The Department may require an applicant for a renewal license to appear before an examiner for a driver’s license and successfully pass an eye test.

2. The Department may accept, in lieu of an eye test, a report from an ophthalmologist, optometrist , physician, advanced practice registered nurse or agency of another state which has duties comparable to those of the Department if the reported test was performed within 90 days before the application for renewal and:

(a) The applicant is qualified to renew his or her driver’s license by mail in accordance with the procedure established pursuant to NRS 483.383; or

(b) The Department determines, upon good cause shown, that the applicant is unable to appear in person.

3. The Department shall adopt regulations which prescribe:

(a) The criteria to determine which applicant for a renewal license must appear and successfully pass an eye test.

(b) The circumstances under which the Department will accept a report from an ophthalmologist, optometrist , physician, advanced practice registered nurse or agency of another state which is authorized to conduct eye tests, in lieu of an eye test for the renewal of an applicant’s driver’s license.

4. If the Administrator or his or her authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of the licensee’s physical condition, the Department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 499 (CHAPTER 93, SB 134)ê

NRS 483.330. The age of a licensee, by itself, does not constitute grounds for requiring an examination of driving qualifications.

Sec. 6. NRS 483.575 is hereby amended to read as follows:

483.575 1. A person with epilepsy shall not operate a motor vehicle if that person has been informed by a physician or an advanced practice registered nurse pursuant to NRS 629.047 that his or her condition would severely impair his or her ability to safely operate a motor vehicle.

2. If a physician or an advanced practice registered nurse is aware that a person has violated subsection 1 after the physician or advanced practice registered nurse has informed the person pursuant to NRS 629.047 that the person’s condition would severely impair his or her ability to safely operate a motor vehicle, the physician or advanced practice registered nurse may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person. A report received by the Department pursuant to this subsection:

(a) Is confidential, except that the contents of the report may be disclosed to the person about whom the report is made; and

(b) May be used by the Department solely to determine the eligibility of the person to operate a vehicle on the streets and highways of this State.

3. The submission by a physician or an advanced practice registered nurse of a report pursuant to subsection 2 is solely within his or her discretion. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she did not submit such a report.

4. No cause of action may be brought against a physician or an advanced practice registered nurse based on the fact that he or she submitted a report pursuant to subsection 2 unless the physician or advanced practice registered nurse acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

Sec. 7. NRS 483.865 is hereby amended to read as follows:

483.865 1. Upon the application of a person with a disability which limits or impairs the ability to walk, the Department shall place on any identification card issued to the person pursuant to NRS 483.810 to 483.890, inclusive, a designation that the person is a person with a disability. The application must include a statement from a licensed physician or an advanced practice registered nurse certifying that the applicant is a person with a disability which limits or impairs the ability to walk.

2. For the purposes of this section, “person with a disability which limits or impairs the ability to walk” has the meaning ascribed to it in NRS 482.3835.

Sec. 8. NRS 484B.157 is hereby amended to read as follows:

484B.157 1. Except as otherwise provided in subsection 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:

(a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;

(b) Is appropriate for the size and weight of the child; and

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 500 (CHAPTER 93, SB 134)ê

(1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or

(2) In another manner that is approved by the National Highway Traffic Safety Administration.

2. If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:

(a) For a first offense, order the defendant to pay a fine of not less than $100 or more than $500 or order the defendant to perform not less than 10 hours or more than 50 hours of community service;

(b) For a second offense, order the defendant to pay a fine of not less than $500 or more than $1,000 or order the defendant to perform not less than 50 hours or more than 100 hours of community service; and

(c) For a third or subsequent offense, suspend the driver’s license of the defendant for not less than 30 days or more than 180 days.

3. At the time of sentencing, the court shall provide the defendant with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, a defendant provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:

(a) If the defendant was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or

(b) If the defendant was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.

Ê A defendant is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if the defendant has not had a fine or community service waived pursuant to paragraph (a).

4. A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:

(a) Must be reasonable; and

(b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

Ê A program of training may not be operated for profit.

5. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.

6. A violation of this section may not be considered:

(a) Negligence in any civil action; or

(b) Negligence or reckless driving for the purposes of NRS 484B.653.

7. This section does not apply:

(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

(b) When a physician or an advanced practice registered nurse determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician or advanced practice registered nurse to that effect.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 501 (CHAPTER 93, SB 134)ê

person transporting the child shall carry in the vehicle the signed statement of the physician or advanced practice registered nurse to that effect.

8. As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

(a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

(b) Integrated child seats; and

Sec. 9. NRS 484C.160 is hereby amended to read as follows:

484C.160 1. Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a police officer having reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.

2. A police officer who requests that a person submit to a test pursuant to subsection 1 shall inform the person that his or her license, permit or privilege to drive will be revoked if he or she fails to submit to the test.

3. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person to be tested.

4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician or an advanced practice registered nurse is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

5. If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, the person must pay for the cost of the blood test, including the fees and expenses of witnesses whose testimony in court or an administrative hearing is necessary because of the use of the blood test. The expenses of such a witness may be assessed at an hourly rate of not less than:

(1) Fifty dollars for travel to and from the place of the proceeding; and

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 502 (CHAPTER 93, SB 134)ê

(2) One hundred dollars for giving or waiting to give testimony.

(c) Except as otherwise provided in NRS 484C.200, not more than three samples of the person’s blood or breath may be taken during the 5-hour period immediately following the time of the initial arrest.

6. Except as otherwise provided in subsection 7, if the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may request that the person submit to a blood or urine test, or both.

7. If the presence of marijuana in the blood of the person is in issue, the officer may request that the person submit to a blood test.

8. Except as otherwise provided in subsections 4 and 6, a police officer shall not request that a person submit to a urine test.

9. If a person to be tested fails to submit to a required test as requested by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

(a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or

(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430,

Ê the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

10. If a person who is less than 18 years of age is requested to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

Sec. 10. NRS 484C.300 is hereby amended to read as follows:

484C.300 1. Before sentencing an offender for a violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410, other than an offender who has been evaluated pursuant to NRS 484C.340, or a violation of NRS 484C.130 or 484C.430, the court shall require that the offender be evaluated to determine whether the offender is an abuser of alcohol or drugs and whether the offender can be treated successfully for the condition.

2. The evaluation must be conducted by:

(a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make such an evaluation;

(b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; [or]

(d) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

3. The alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician , advanced practice registered nurse or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

Sec. 11. NRS 484C.320 is hereby amended to read as follows:

484C.320 1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 6 months.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 503 (CHAPTER 93, SB 134)ê

subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 6 months. The court shall authorize that treatment if:

(a) The offender is diagnosed as an alcoholic or abuser of drugs by:

(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; [or]

(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or

(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;

(b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and

(c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

3. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

4. If the court grants an application for treatment, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

(1) He or she may be placed under the supervision of a treatment provider for a period not to exceed 3 years.

(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.

(3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

(4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 504 (CHAPTER 93, SB 134)ê

a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

6. The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.

Sec. 12. NRS 484C.330 is hereby amended to read as follows:

484C.330 1. An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year. The court shall authorize that treatment if:

(a) The offender is diagnosed as an alcoholic or abuser of drugs by:

(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; [or]

(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or

(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;

(b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources; and

(c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484C.400, has performed or will perform not less than one-half of the hours of community service.

2. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

4. If the court grants an application for treatment, the court shall:

(a) Immediately sentence the offender and enter judgment accordingly.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 505 (CHAPTER 93, SB 134)ê

(1) He or she may be placed under the supervision of the treatment provider for a period not to exceed 3 years.

(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.

(4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender.

5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

Sec. 13. NRS 484C.340 is hereby amended to read as follows:

484C.340 1. An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 3 years. The court may authorize that treatment if:

(a) The offender is diagnosed as an alcoholic or abuser of drugs by:

(1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; [or]

(2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or

(3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; and

(b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.

Ê An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician or an advanced practice registered nurse who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 506 (CHAPTER 93, SB 134)ê

4. If the court determines that an application for treatment should be granted, the court shall:

(a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.

(b) Order the offender to complete a program of treatment for alcoholism or drug abuse with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

(1) He or she may be placed under the supervision of a treatment provider for not more than 5 years.

(2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.

(3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for alcoholism or drug abuse or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.

(4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.

(5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.

5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

(a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and

(b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

6. To participate in a program of treatment, the offender must:

(a) Serve not less than 6 months of residential confinement;

(b) Install, at his or her own expense, a device for not less than 12 months;

(d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

(e) Agree to any other conditions that the court deems necessary.

7. An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if the offender has previously applied to receive treatment pursuant to this section or if the offender has previously been convicted of:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 507 (CHAPTER 93, SB 134)ê

(a) A violation of NRS 484C.430;

(b) A violation of NRS 484C.130;

(c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

(d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;

(e) A violation of NRS 484C.410; or

(f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).

8. As used is this section, “device” has the meaning ascribed to it in NRS 484C.450.

Sec. 14. NRS 484C.350 is hereby amended to read as follows:

484C.350 1. If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender is an abuser of alcohol or other drugs.

2. If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender is an abuser of alcohol or other drugs.

3. Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

(a) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation; [or]

(b) A physician who is certified to make that evaluation by the Board of Medical Examiners [,] ; or

Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician , advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 508 (CHAPTER 93, SB 134)ê

evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

6. The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician , advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician , advanced practice registered nurse or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

7. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

Sec. 15. NRS 484C.460 is hereby amended to read as follows:

484C.460 1. Except as otherwise provided in subsections 2 and 5, a court shall order a person convicted of:

(a) A violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of less than 0.18 in his or her blood or breath, to install, at his or her own expense and for a period of not less than 185 days, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

(b) A violation of:

(1) NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

(2) NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

(3) NRS 484C.130 or 484C.430,

Ê to install, at his or her own expense and for a period of not less than 12 months or more than 36 months, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

2. A court may, in the interests of justice, provide for an exception to the provisions of subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, to avoid undue hardship to the person if the court determines that:

(a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship;

(b) The person requires the use of the motor vehicle to:

(1) Travel to and from work or in the course and scope of his or her employment; or

(2) Obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 509 (CHAPTER 93, SB 134)ê

(c) The person is unable to provide a deep lung breath sample for a device, as certified in writing by a physician or an advanced practice registered nurse of the person; or

(d) The person resides more than 100 miles from a manufacturer of a device or its agent.

3. If the court orders a person to install a device pursuant to subsection 1:

(a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

(b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

4. A person whose driving privilege is restricted pursuant to this section or NRS 483.490 shall have the device inspected, calibrated, monitored and maintained by the manufacturer of the device or its agent at least one time each 90 days during the period in which the person is required to use the device to determine whether the device is operating properly. Any inspection, calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly, whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether the device has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device. Upon receipt of such notification and before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.

5. If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

(a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

(b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

6. The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 510 (CHAPTER 93, SB 134)ê

Sec. 16. NRS 484D.495 is hereby amended to read as follows:

484D.495 1. It is unlawful to drive a passenger car manufactured after:

(a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

(b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

2. Any person driving, and any passenger who:

(a) Is 6 years of age or older; or

(b) Weighs more than 60 pounds, regardless of age,

Ê who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.

3. A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:

(a) Is 6 years of age or older but less than 18 years of age, regardless of weight; or

(b) Is less than 6 years of age but who weighs more than 60 pounds,

Ê a citation must be issued to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

4. A violation of subsection 2:

(a) Is not a moving traffic violation under NRS 483.473.

(b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.

(c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

5. The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

6. The provisions of subsections 2 and 3 do not apply:

(a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;

(b) If the vehicle is not required by federal law to be equipped with safety belts;

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 511 (CHAPTER 93, SB 134)ê

(d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

(e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.

7. It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

Sec. 17. NRS 484D.500 is hereby amended to read as follows:

484D.500 1. Any passenger 18 years of age or older who rides in the front or back seat of any taxicab on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the passenger, except that this subsection does not apply:

(a) To a passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the passenger is unable to wear a safety belt for medical or physical reasons; or

(b) If the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

2. A citation must be issued to any passenger who violates the provisions of subsection 1. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 1 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

3. A violation of subsection 1:

(a) Is not a moving traffic violation under NRS 483.473.

(b) May be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.

(c) May be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

4. An owner or operator of a taxicab shall post a sign within each of his or her taxicabs advising passengers that they must wear safety belts while being transported by the taxicab. Such a sign must be placed within the taxicab so as to be visible to and easily readable by passengers, except that this subsection does not apply if the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

Secs. 18-27. (Deleted by amendment.)

Sec. 28. NRS 162A.220 is hereby amended to read as follows:

162A.220 1. A power of attorney must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 512 (CHAPTER 93, SB 134)ê

2. If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of execution of the power of attorney, a certification of competency of the principal from an advanced practice registered nurse, a physician, psychologist or psychiatrist must be attached to the power of attorney.

3. If the principal resides or is about to reside in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, in addition to the prohibition set forth in NRS 162A.840 and except as otherwise provided in subsection 4, the principal may not name as agent in any power of attorney for any purpose:

(a) The hospital, assisted living facility or facility for skilled nursing;

(b) An owner or operator of the hospital, assisted living facility or facility for skilled nursing; or

4. The principal may name as agent any person identified in subsection 3 if that person is:

(a) The spouse, legal guardian or next of kin of the principal; or

(b) Named only for the purpose of assisting the principal to establish eligibility for Medicaid and the power of attorney complies with the provisions of subsection 5.

5. A person may be named as agent pursuant to paragraph (b) of subsection 4 only if:

(a) A valid financial power of attorney for the principal does not exist;

(b) The agent has made a good faith effort to contact each family member of the principal identified in the records of the hospital, assisted living facility or facility for skilled nursing, as applicable, to request that the family member establish a financial power of attorney for the principal and has documented his or her effort;

(c) The power of attorney specifies that the agent is only authorized to access financial documents of the principal which are necessary to prove eligibility of the principal for Medicaid as described in the application for Medicaid and specifies that any request for such documentation must be accompanied by a copy of the application for Medicaid or by other proof that the document is necessary to prove eligibility for Medicaid;

(d) The power of attorney specifies that the agent does not have authority to access money or any other asset of the principal for any purpose; and

(e) The power of attorney specifies that the power of attorney is only valid until eligibility of the principal for Medicaid is determined or 6 months after the power of attorney is signed, whichever is sooner.

6. A person who is named as agent pursuant to paragraph (b) of subsection 4 shall not use the power of attorney for any purpose other than to assist the principal to establish eligibility for Medicaid and shall not use the power of attorney in a manner inconsistent with the provisions of subsection 5. A person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

7. As used in this section:

(a) “Assisted living facility” has the meaning ascribed to it in NRS 422.3962.

(b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 513 (CHAPTER 93, SB 134)ê

(d) “Hospital” has the meaning ascribed to it in NRS 449.012.

(e) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

Sec. 29. NRS 162A.260 is hereby amended to read as follows:

162A.260 1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

2. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

3. If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

4. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, to obtain a determination of incapacity.

Sec. 30. NRS 162A.790 is hereby amended to read as follows:

162A.790 1. Any adult person may execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent concerning such decisions.

2. A power of attorney for health care must be signed by the principal. The principal’s signature on the power of attorney for health care must be:

(a) Acknowledged before a notary public; or

(b) Witnessed by two adult witnesses who know the principal personally.

3. Neither of the witnesses to a principal’s signature may be:

(a) A provider of health care;

(b) An employee of a provider of health care;

(d) An employee of a health care facility; or

(e) The agent.

4. At least one of the witnesses to a principal’s signature must be a person who is:

(a) Not related to the principal by blood, marriage or adoption; and

(b) To the best of the witnesses’ knowledge, not entitled to any part of the estate of the principal upon the death of the principal.

5. If the principal resides in a hospital, residential facility for groups, facility for skilled nursing or home for individual residential care, at the time of the execution of the power of attorney, a certification of competency of the principal from an advanced practice registered nurse, a physician, psychologist or psychiatrist must be attached to the power of attorney.

6. A power of attorney executed in a jurisdiction outside of this State is valid in this State if, when the power of attorney was executed, the execution complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 514 (CHAPTER 93, SB 134)ê

complied with the laws of that jurisdiction or the requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b.

7. As used in this section:

(a) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

(b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

(d) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

Sec. 31. NRS 162A.810 is hereby amended to read as follows:

162A.810 1. A power of attorney for health care is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon incapacity.

2. If a power of attorney for health care becomes effective upon the principal’s incapacity, the power of attorney becomes effective upon a determination in a writing or other record by an advanced practice registered nurse, a physician, psychiatrist or licensed psychologist that the principal is incapacitated.

3. An agent named in the power of attorney for health care may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, to obtain a determination of incapacity.

Sec. 32. NRS 162A.815 is hereby amended to read as follows:

162A.815 1. A physician, an advanced practice registered nurse, a health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care without actual knowledge that the signature is not genuine may rely upon the presumption that the signature is genuine.

2. A physician, an advanced practice registered nurse, a health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care without actual knowledge that the power of attorney for health care is void, invalid or terminated, or that the purported agent’s authority is void, invalid or terminated, may rely upon the power of attorney for health care as if the power of attorney for health care were genuine, valid and still in effect, and the agent’s authority was genuine, valid and still in effect.

3. A physician, an advanced practice registered nurse, a health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

Sec. 33. NRS 162A.860 is hereby amended to read as follows:

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 515 (CHAPTER 93, SB 134)ê

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

WARNING TO PERSON EXECUTING THIS DOCUMENT

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

3. EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR OR ADVANCED PRACTICE REGISTERED NURSE NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

6. YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 516 (CHAPTER 93, SB 134)ê

DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

7. YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

9. THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

10. IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

1. DESIGNATION OF HEALTH CARE AGENT.

I, .................................................................................................................

(insert your name) do hereby designate and appoint:

Name: ..................................................................................................

Address: .............................................................................................

Telephone Number: ..........................................................................

as my agent to make health care decisions for me as authorized in this document.

2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

3. GENERAL STATEMENT OF AUTHORITY GRANTED.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 517 (CHAPTER 93, SB 134)ê

hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

4. SPECIAL PROVISIONS AND LIMITATIONS.

In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

5. DURATION.

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:

6. STATEMENT OF DESIRES.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 518 (CHAPTER 93, SB 134)ê

(If the statement

reflects your desires,

initial the box next to

the statement.)

1. I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures. [ ]

2. If I am in a coma which my doctors or advanced practice registered nurses have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.) [ ]

(If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

Other or Additional Statements of Desires:..........................................

7. DESIGNATION OF ALTERNATE AGENT.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 519 (CHAPTER 93, SB 134)ê

the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

A. First Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

B. Second Alternative Agent

Name: .......................................................................................

Address: .................................................................................

Telephone Number: ...............................................................

8. PRIOR DESIGNATIONS REVOKED.

I revoke any prior durable power of attorney for health care.

9. WAIVER OF CONFLICT OF INTEREST.

10. CHALLENGES.

If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my advanced practice registered nurse, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

11. NOMINATION OF GUARDIAN.

12. RELEASE OF INFORMATION.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 520 (CHAPTER 93, SB 134)ê

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

NOTARY SEAL

(Signature of Notary Public)

STATEMENT OF WITNESSES

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 521 (CHAPTER 93, SB 134)ê

Signature: .............................. Residence Address: .............................

Print Name: ............................ ...................................................................

Date: ....................................... ...................................................................

Signature: .............................. Residence Address: .............................

Print Name: ............................ ...................................................................

Date: ....................................... ...................................................................

(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

Signature: ...............................................................

Names: ...................................... Address:...................................................

Print Name: ............................... ...................................................................

Date: .......................................... ...................................................................

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

Sec. 34. NRS 162A.865 is hereby amended to read as follows:

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 522 (CHAPTER 93, SB 134)ê

see a doctor or an advanced practice registered nurse or go to the hospital. I understand what this means.

If I am sick or hurt, my agent should take me to the doctor [.] or an advanced practice registered nurse. If my agent is not with me when I become sick or hurt, please contact my agent and ask him or her to come to the doctor’s or advanced practice registered nurse’s office. I would like the doctor or advanced practice registered nurse to speak with my agent and me about my sickness or injury and whether I need any medicine or other treatment. After we speak with the doctor [,] or advanced practice registered nurse, I would like my agent to speak with me about the care or treatment. When we have made decisions about the care or treatment, my agent will tell the doctor or advanced practice registered nurse about our decisions and sign any necessary papers.

If I am very sick or hurt, I may need to go to the hospital. I would like my agent to help me decide if I need to go to the hospital. If I go to the hospital, I would like the people who work at the hospital to try very hard to care for me. If I am able to communicate, I would like the doctor or advanced practice registered nurse at the hospital to speak with me and my agent about what care or treatment I should receive, even if I am unable to understand what is being said about me. After we speak with the doctor [,] or advanced practice registered nurse, I would like my agent to help me decide what care or treatment I should receive. Once we decide, my agent will sign any necessary paperwork. If I am unable to communicate because of my illness or injury, I would like my agent to make decisions about my care or treatment based on what he or she thinks I would do and what is best for me.

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 523 (CHAPTER 93, SB 134)ê

AGENT SIGNATURE

As agent for.......... (insert name of principal), I agree that a physician, advanced practice registered nurse, health care facility or other provider of health care, acting in good faith, may rely on this power of attorney for health care and the signatures herein, and I understand that pursuant to NRS 162A.815, a physician, advanced practice registered nurse, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

I also agree that:

2. If.......... (insert name of principal) revokes this power of attorney at any time, either verbally or in writing, I have a duty to inform any persons who may rely on this document, including, without limitation, treating physicians, advanced practice registered nurses, hospital staff or other providers of health care, that I no longer have the authorities described in this document.

4. The provisions of NRS 162A.850 prohibit me from consenting to the following types of care or treatments on behalf of the principal, including, without limitation:

(a) Commitment or placement of the principal in a facility for treatment of mental illness;

(b) Convulsive treatment;

(d) Sterilization;

(e) Abortion;

(f) Aversive intervention, as it is defined in NRS 449A.203;

(g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

(h) Any other care or treatment to which the principal prohibits the agent from consenting in this document.

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 524 (CHAPTER 93, SB 134)ê

Signature: .............................. Residence Address: .............................

Print Name: ............................ ...................................................................

Date: ....................................... ...................................................................

Relationship to principal: ..............................................................................

Length of relationship to principal: .............................................................

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

On this.......... day of.........., in the year...., before me,.......... (here insert name of notary public) personally appeared.......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

NOTARY SEAL

(Signature)

STATEMENT OF WITNESSES

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 525 (CHAPTER 93, SB 134)ê

a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

Signature: .............................. Residence Address: .............................

Print Name: ............................ ...................................................................

Date: ....................................... ...................................................................

Signature: .............................. Residence Address: .............................

Print Name: ............................ ...................................................................

Date: ....................................... ...................................................................

(AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

Signature: ..............................................................

Names: ..................................... Address: ................................................

Print Name: .............................. ...................................................................

Date: ......................................... ...................................................................

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

END-OF-LIFE DECISIONS ADDENDUM

STATEMENT OF DESIRES

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 526 (CHAPTER 93, SB 134)ê

If you are not able to talk to.................... (insert name of agent), you can help him or her make these decisions for you by letting your agent know what you want.

Here are your choices. Please circle yes or no to each of the following statements and sign your name below:

1. I want to take all the medicine and receive any treatment I can to keep me alive regardless of how the medicine or treatment makes me feel. YES NO

2. I do not want to take medicine or receive treatment if my doctors or advanced practice registered nurses think that the medicine or treatment will not help me. YES................ NO

3. I do not want to take medicine or receive treatment if I am very sick and suffering and the medicine or treatment will not help me get better. YES NO

4. I want to get food and water even if I do not want to take medicine or receive treatment.. YES NO

(YOU MUST DATE AND SIGN THIS END-OF-LIFE

DECISIONS ADDENDUM)

I sign my name to this End-of-Life Decisions Addendum on .............. (date) at .............................. (city), ......................... (state)

.........................................................

(Signature)

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

State of Nevada }

}ss.

County of................................................ }

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 527 (CHAPTER 93, SB 134)ê