[Rev. 12/20/2019 4:52:12 PM]
κ2019 Statutes of Nevada, Page 551κ
Senate Bill No. 234Committee on Commerce and Labor
CHAPTER 101
[Approved: May 21, 2019]
AN ACT relating to health care; requiring the Commissioner of Insurance to develop a form letter to provide certain notice to providers of health care relating to participation in the network of a health carrier; requiring the Commissioner of Insurance to publish an annual report concerning certain trends relating to the participation of providers of health care in the network of a health carrier; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Commissioner of Insurance to enforce the Nevada Insurance Code and investigate insurance matters as he or she deems proper. (NRS 679B.120) Section 26 of this bill requires the Commissioner to develop a form letter that a health carrier must use to notify a provider of health care and the Commissioner of the denial of an application by the provider of health care to be included in the health carriers network of providers. Sections 26 and 27.3 of this bill provide for the confidentiality of such form letters that are submitted to the Commissioner. Section 26 also requires the Commissioner to compile, publish and submit to the Governor and the Legislature an annual report concerning trends in the denial of applications of providers of health care to be included in the network of providers of a health carrier.
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 1-25. (Deleted by amendment.)
Sec. 26. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commissioner shall:
(a) Develop, prescribe and make available on an Internet website maintained by the Division a form letter that a health carrier must use to notify a provider of health care of the denial of his or her application to be included in the network of providers of the health carrier. The form letter must include, without limitation, a place for the health carrier to explain the reason for the denial of the application.
(b) Hold hearings to solicit public input when developing the form letter described in paragraph (a) and consider such input when developing the form letter.
2. A health carrier shall submit to the Commissioner a copy of each form letter sent to a provider of health care pursuant to subsection 1 at the same time the letter is sent to the provider of health care. Except as otherwise provided in subsection 3, the forms submitted pursuant to the Commissioner pursuant to this subsection and the information contained therein are confidential.
3. The Commissioner shall:
(a) Annually compile a report using aggregated data from the forms collected pursuant to subsection 2 concerning trends in the denial of applications of providers of health care to be included in the network of providers of a health carrier.
κ2019 Statutes of Nevada, Page 552 (CHAPTER 101, SB 234)κ
applications of providers of health care to be included in the network of providers of a health carrier. The report must include, without limitation, the number of total denials, the number of denials for different types of providers of health care, the number of denials by different carriers and the reasons for such denials.
(b) Post the report on an Internet website maintained by the Division.
(c) Submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
4. As used in this section, health carrier means an entity subject to the insurance laws and regulations of this State, or subject to the jurisdiction of the Commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including, without limitation, a sickness and accident health insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health care services.
Sec. 27. (Deleted by amendment.)
Sec. 27.3. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.
κ2019 Statutes of Nevada, Page 553 (CHAPTER 101, SB 234)κ
432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 26 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
κ2019 Statutes of Nevada, Page 554 (CHAPTER 101, SB 234)κ
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 27.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 28. This act becomes effective on July 1, 2019.
________
Senate Bill No. 329Senator Brooks
CHAPTER 102
[Approved: May 22, 2019]
AN ACT relating to the prevention of natural disasters; requiring an electric utility to submit a natural disaster protection plan to the Public Utilities Commission of Nevada; setting forth the requirements for such a plan; authorizing an electric utility to recover costs relating to the development and implementation of a natural disaster protection plan; prohibiting, with certain exceptions, a person who is not a qualified electrical worker from performing certain work on the electric infrastructure of an electric utility; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the regulation of electric utilities by the Public Utilities Commission of Nevada. (Chapter 704 of NRS) Section 1.3 of this bill requires an electric utility to, on or before June 1 of every third year, submit a natural disaster protection plan to the Commission. Section 1.3 generally requires a natural disaster protection plan to contain certain information, procedures and protocols relating to the efforts of the electric utility to prevent or respond to a fire or other natural disaster.
Existing law generally requires a public utility to submit an application and obtain the approval of the Public Utilities Commission of Nevada for a change in any schedule of rates or services. (NRS 704.110) Section 1.3 provides that any expenditures made by an electric utility in developing and implementing a natural disaster protection plan are required to be recovered as a separate monthly rate charged to all customers of the electric utility.
Section 1.7 of this bill prohibits a person from performing work on the electric infrastructure of an electric utility unless that person is a qualified electrical worker or an apprentice electrical lineman under the direct supervision of a qualified electrical worker. Section 1.7 authorizes the Commission to authorize persons who are not qualified electrical workers to perform certain tree trimming relating to line clearance under the direction of a certified arborist.
κ2019 Statutes of Nevada, Page 555 (CHAPTER 102, SB 329)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. An electric utility shall, on or before June 1, 2020, and on or before June 1 of every third year thereafter, in the manner specified by the Commission, submit a natural disaster protection plan to the Commission.
2. A natural disaster protection plan submitted to the Commission pursuant to subsection 1 must:
(a) Identify areas within the service territory of the electric utility that are subject to a heightened threat of a fire or other natural disaster.
(b) Propose an approach for the mitigation of potential fires or other natural disasters that is cost effective, prudent and reasonable.
(c) Describe the preventive measures and programs the electric utility will implement to minimize the risk of its electric infrastructure causing a fire.
(d) Describe the participation of the electric utility, including, without limitation, any commitments made, in any community wildfire protection plans, as defined in 16 U.S.C. § 6511, established in this State.
(e) Propose protocols for de-energizing distribution lines and disabling reclosers on those lines in the event of a fire or other natural disaster. Such protocols must consider the associated impact of such actions on public safety and mitigate any adverse impact on public safety plans, including, without limitation, impact on critical first responders and on health and communication infrastructure.
(f) Describe the procedures the electric utility intends to use to inspect the electric infrastructure of the electric utility.
(g) Describe the procedures the electric utility intends to use for vegetation management.
(h) Describe the procedures the electric utility intends to use to restore its distribution system in the event of a natural disaster.
(i) Demonstrate that the natural disaster protection plan is consistent with the emergency response plan submitted by the electric utility pursuant to NRS 239C.270.
(j) Describe the ability of the electric utility to implement the natural disaster protection plan and identify additional funding needed for the implementation of the plan.
3. The procedures, protocols and measures set forth in a natural disaster protection plan submitted pursuant to subsection 1 must comply with all applicable requirements of the most recent version of the International Wildland-Urban Interface Code, published by the International Code Council or its successor organization, including, without limitation, the requirements relating to clearances set forth in Appendix A of the Code. Nothing in this subsection shall be construed to prohibit an electric utility from setting forth in a natural disaster response plan procedures, protocols and measures that are more restrictive than those set forth in the Code.
κ2019 Statutes of Nevada, Page 556 (CHAPTER 102, SB 329)κ
4. The Commission shall adopt regulations to provide for the method and schedule for preparing, submitting, reviewing and approving a plan submitted pursuant to subsection 1.
5. An electric utility whose natural disaster protection plan has been approved by the Commission in accordance with the regulations adopted by the Commission pursuant to subsection 4 shall provide a copy of the approved plan to the chief officer of each fire department and each state, city and county emergency manager within the service territory of the electric utility.
6. All prudent and reasonable expenditures made by an electric utility to develop and implement a plan submitted pursuant to subsection 1 must be recovered as a separate monthly rate charged to the customers of the electric utility. The electric utility shall designate the amount charged to each customer as a separate line item on the bill of the customer.
7. A rural electric cooperative established pursuant to chapter 81 of NRS may submit to the Commission a natural disaster protection plan containing the information set forth in subsection 2. The Commission shall review a plan submitted by a rural electric cooperative and provide advice and recommendations. The board of directors of a rural electric cooperative may allow the rural electric cooperative to recover expenditures made to develop and implement a natural disaster protection plan from the rates charged to the customers of the rural electric cooperative.
8. As used in this section, electric utility has the meaning ascribed to it in NRS 704.7571.
Sec. 1.7. 1. Except as otherwise provided in subsections 2 and 3, a person shall not perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, unless the person is a qualified electrical worker.
2. An apprentice electrical lineman may perform work on the electric infrastructure of an electric utility, including, without limitation, the construction, installation, maintenance, repair or removal of such infrastructure, under the direct supervision of a qualified electrical worker.
3. The Commission may authorize a person who is not an employee of an electric utility to perform tree trimming related to line clearance in an easement or right-of-way dedicated or restricted for use by an electric utility. If a person who is not an employee of an electric utility performs tree trimming related to line clearance in such an easement or right-of-way, the tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture.
4. As used in this section:
(a) Apprentice electrical lineman means a person employed and individually registered in a bona fide electrical lineman apprenticeship program with:
(1) The Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency; or
(2) The State Apprenticeship Council pursuant to chapter 610 of NRS.
(b) Electric utility has the meaning ascribed to it in NRS 704.7571.
(c) Qualified electrical worker means:
κ2019 Statutes of Nevada, Page 557 (CHAPTER 102, SB 329)κ
(1) A person who has completed an electrical lineman apprenticeship program lasting at least 4 years that was approved by the Office of Apprenticeship of the Employment and Training Administration of the United States Department of Labor or its successor agency or the State Apprenticeship Council pursuant to chapter 610 of NRS; or
(2) A person who has completed 10,000 hours or more as a journeyman lineman and has performed at least 1,500 hours of documented live-line work on electrical conductors at a voltage of at least 4,160 kilovolts.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 333Assemblymen Cohen, McCurdy, Jauregui; Backus, Bilbray-Axelrod, Carrillo, Ellison, Gorelow, Leavitt, Monroe-Moreno, Nguyen, Roberts, Smith, Watts, Wheeler and Yeager
CHAPTER 103
[Approved: May 23, 2019]
AN ACT relating to special license plates; providing for the issuance of Vegas Strong special license plates; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates commemorating the strength, solidarity and resilience of the community of Las Vegas following the shooting in Las Vegas, Nevada, which occurred on October 1, 2017. The fees generated by the special license plates that are in addition to all other applicable registration and license fees and governmental services taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Vegas Strong Resiliency Center for use in providing resources and referrals to residents, visitors and responders affected by the shooting in Las Vegas. A person wishing to obtain the special license plates may also request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates.
Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 6-8 of this bill exempt the special license plates commemorating the strength, solidarity and resilience of the community of Las Vegas following the shooting in Las Vegas from each of the preceding requirements. Sections 2-5 and 9-12 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 558 (CHAPTER 103, AB 333)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department, in cooperation with the Las Vegas Victims Fund Committee or its successor organization, shall design, prepare and issue license plates which commemorate the strength, solidarity and resilience of the community of Las Vegas following the shooting which occurred on October 1, 2017, in Las Vegas, Nevada, using any colors that the Department deems appropriate.
2. The Department shall issue license plates that commemorate the strength, solidarity and resilience of the community of Las Vegas for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that commemorate the strength, solidarity and resilience of the community of Las Vegas if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that commemorate the strength, solidarity and resilience of the community of Las Vegas pursuant to subsection 3.
3. The fee for license plates that commemorate the strength, solidarity and resilience of the community of Las Vegas is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that commemorate the strength, solidarity and resilience of the community of Las Vegas must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Vegas Strong Resiliency Center or its successor organization for use in providing resources and referrals for residents, visitors and responders affected by the shooting in Las Vegas which occurred on October 1, 2017.
6. The provisions of NRS 482.36705 do not apply to license plates described in this section.
7. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
κ2019 Statutes of Nevada, Page 559 (CHAPTER 103, AB 333)κ
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
8. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.
Sec. 2. NRS 482.2065 is hereby amended to read as follows:
482.2065 1. A trailer may be registered for a 3-year period as provided in this section.
2. A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:
(a) Registration fees pursuant to NRS 482.480 and 482.483.
(b) A fee for each license plate issued pursuant to NRS 482.268.
(c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.
(d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.
(e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.
(f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.
(g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
3. A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.
4. As used in this section, the term trailer does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.
Sec. 3. NRS 482.216 is hereby amended to read as follows:
482.216 1. Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
κ2019 Statutes of Nevada, Page 560 (CHAPTER 103, AB 333)κ
(a) Transmit the applications received to the Department within the period prescribed by the Department;
(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 5; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the Department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.
5. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the Department; and
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.
Sec. 4. NRS 482.2703 is hereby amended to read as follows:
482.2703 1. The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and
(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
2. The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
κ2019 Statutes of Nevada, Page 561 (CHAPTER 103, AB 333)κ
3. The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.
5. All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.
Sec. 5. NRS 482.274 is hereby amended to read as follows:
482.274 1. The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.
2. The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.
3. The Director shall determine the registration numbers assigned to trailers.
4. Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.
5. Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.
6. The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.
Sec. 6. NRS 482.367004 is hereby amended to read as follows:
482.367004 1. There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:
(a) Five Legislators appointed by the Legislative Commission:
(1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.
(2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.
(b) Three nonvoting members consisting of:
(1) The Director of the Department of Motor Vehicles, or a designee of the Director.
(2) The Director of the Department of Public Safety, or a designee of the Director.
κ2019 Statutes of Nevada, Page 562 (CHAPTER 103, AB 333)κ
(3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.
2. Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.
3. Members of the Commission serve without salary or compensation for their travel or per diem expenses.
4. The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.
5. The Commission shall recommend to the Department that the Department approve or disapprove:
(a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;
(b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and
(c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.
6. On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.
7. The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.
8. The Commission shall:
(a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, additional fees means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.
(b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
κ2019 Statutes of Nevada, Page 563 (CHAPTER 103, AB 333)κ
the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.
Sec. 7. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and
(c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.
2. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.
3. In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:
(a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and
(b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
(1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and
(2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.
4. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
κ2019 Statutes of Nevada, Page 564 (CHAPTER 103, AB 333)κ
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
5. If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall provide notice of that fact in the manner described in subsection 6.
6. The notice required pursuant to subsection 5 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
7. If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
Sec. 8. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.
κ2019 Statutes of Nevada, Page 565 (CHAPTER 103, AB 333)κ
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.
Sec. 9. NRS 482.3824 is hereby amended to read as follows:
482.3824 1. Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:
(a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:
(1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and
(2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.
(b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.
2. If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, fees does not include any applicable registration or license fees or governmental services taxes.
3. As used in this section:
(a) Additional fees has the meaning ascribed to it in NRS 482.38273.
(b) Charitable organization means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.]
κ2019 Statutes of Nevada, Page 566 (CHAPTER 103, AB 333)κ
NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The term includes the successor, if any, of a charitable organization.
Sec. 10. NRS 482.38276 is hereby amended to read as follows:
482.38276 Special license plate means:
1. A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;
2. A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and
3. Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.
Sec. 11. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.
3. In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.
κ2019 Statutes of Nevada, Page 567 (CHAPTER 103, AB 333)κ
4. In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.
5. If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.
6. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
7. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.
8. Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:
(a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or
(b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.
9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term extenuating circumstances means circumstances wherein:
(a) The person has recently relinquished his or her drivers license and has sold or otherwise disposed of his or her vehicle.
(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.
(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.
κ2019 Statutes of Nevada, Page 568 (CHAPTER 103, AB 333)κ
(d) Any other event occurs which the Department, by regulation, has defined to constitute an extenuating circumstance for the purposes of this subsection.
Sec. 12. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:
For a certificate of registration.............................................................. $5.00
For every substitute number plate or set of plates.............................. 5.00
For every duplicate number plate or set of plates.............................. 10.00
For every decal displaying a county name............................................. .50
For every other indicator, decal, license plate sticker or tab.............. 5.00
2. The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, and section 1 of this act, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.
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κ2019 Statutes of Nevada, Page 569κ
Assembly Bill No. 18Committee on Government Affairs
CHAPTER 104
[Approved: May 23, 2019]
AN ACT relating to local governments; authorizing incorporated cities to install and maintain ramps that meet certain federal requirements; authorizing such ramps to be placed on certain public easements and rights-of-way; requiring an incorporated city that annexes territory to provide certain notice relating to the annexation to certain public utilities and rural electric cooperatives; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides the governing bodies of incorporated cities with certain express powers. (Chapter 268 of NRS) Section 1.1 of this bill authorizes the governing body of an incorporated city to provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with the Americans with Disabilities Act of 1990. (42 U.S.C. §§ 12101 et seq.) Section 1.1 authorizes the governing body to locate such ramps within any public easement or right-of-way if the public easement or right-of-way is within a reasonable proximity of any public highway and the ramp may be located safely within the public easement or right-of-way without damaging or forcing the relocation of the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.
Existing law sets forth procedures by which an incorporated city located in a county whose population is 700,000 or more (currently Clark County) is authorized to annex territory. (NRS 268.570-268.608) Existing law sets forth similar procedures for an incorporated city located in a county whose population is less than 700,000 (currently all counties other than Clark County). (NRS 268.610-268.670) Sections 1.2 and 1.4 of this bill require any incorporated city that annexes territory to, within 10 days after the adoption of the ordinance approving the annexation, send a copy of such ordinance and certain information about the annexed territory to each public utility or rural electric cooperative operating within the jurisdiction of the city. Sections 1.5-1.8 of this bill make conforming changes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1, 1.2 and 1.4 of this act.
Sec. 1.1. 1. The governing body of an incorporated city may provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
2. The governing body of an incorporated city, or any person who is authorized by the governing body of an incorporated city to provide for the construction, installation and maintenance of ramps and any appurtenances necessary thereto that comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§
κ2019 Statutes of Nevada, Page 570 (CHAPTER 104, AB 18)κ
12101 et seq., may locate such ramps and appurtenances within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:
(a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and
(b) The ramps and appurtenances may be located safely within the public easement or right-of-way without damaging or forcing the relocation of the facilities of other persons, including, without limitation, public utilities, who are authorized to place their facilities within the public easement or right-of-way.
3. As used in this section:
(a) Public easement or right-of-way means any public easement or right-of-way that has been granted, dedicated or restricted solely for a public purpose, including, without limitation, for use by a public utility or for public access.
(b) Public highway has the meaning ascribed to it in NRS 277A.110.
Sec. 1.2. 1. Whenever an incorporated city annexes territory in accordance with the provisions of this section and NRS 268.570 to 268.608, inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the incorporated city:
(a) A notice containing the address and legal description of all property in the territory to be annexed;
(b) An accurate map or plat of the territory to be annexed; and
(c) A copy of the ordinance approving the annexation.
2. As used in this section, public utility has the meaning ascribed to it in NRS 704.020.
Sec. 1.4. 1. Whenever a city annexes territory in accordance with the provisions of this section and NRS 268.610 to 268.670, inclusive, the city clerk of the annexing city shall, not less than 10 working days after the adoption of the ordinance approving the annexation, send by certified mail to each public utility and rural electric cooperative operating within the jurisdiction of the city:
(a) A notice containing the address and legal description of all property in the territory to be annexed;
(b) An accurate map or plat of the territory to be annexed; and
(c) A copy of the ordinance approving the annexation.
2. As used in this section, public utility has the meaning ascribed to it in NRS 704.020.
Sec. 1.5. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, and section 1.2 of this act apply only to cities located in a county whose population is 700,000 or more.
κ2019 Statutes of Nevada, Page 571 (CHAPTER 104, AB 18)κ
Sec. 1.6. NRS 268.574 is hereby amended to read as follows:
268.574 As used in NRS 268.570 to 268.608, inclusive [:] , and section 1.2 of this act:
1. Contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.
2. Lot or parcel means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.
3. Majority of the property owners in a territory means the record owners of real property:
(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
(b) Whose combined area is greater than 50 percent of the total area of the territory, excluding lands held by public bodies.
4. A lot or parcel of land is used for residential purposes if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
Sec. 1.7. NRS 268.610 is hereby amended to read as follows:
268.610 1. The provisions of NRS 268.610 to 268.670, inclusive, and section 1.4 of this act apply only to cities located in a county whose population is less than 700,000.
2. The provisions of NRS 268.610 to 268.670, inclusive, and section 1.4 of this act, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.
Sec. 1.8. NRS 268.612 is hereby amended to read as follows:
268.612 As used in NRS 268.610 to 268.670, inclusive, and section 1.4 of this act, the words and terms defined in NRS 268.614 to 268.624, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. This act becomes effective upon passage and approval.
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κ2019 Statutes of Nevada, Page 572κ
Assembly Bill No. 23Committee on Growth and Infrastructure
CHAPTER 105
[Approved: May 23, 2019]
AN ACT relating to transportation; authorizing the Department of Motor Vehicles to adopt regulations related to the operation and testing of certain electronically controlled vehicles and transportation devices other than autonomous vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to adopt regulations relating to the operation and testing of autonomous vehicles on highways within this State. (NRS 482A.100) This bill: (1) classifies certain vehicles and transportation devices that are remotely controlled or otherwise electronically controlled but do not fall within the definition of autonomous vehicle under existing law as alternative electronic transportation system vehicles; and (2) authorizes the Department to adopt regulations relating to the operation and testing of such vehicles and transportation devices. Sections 3 and 4 of this bill define alternative electronic transportation system vehicles. Section 9 of this bill authorizes the Department to adopt regulations relating to the operation and testing of alternative electronic transportation system vehicles on highways and premises to which the public has access in this State. Section 9.5 of this bill authorizes the Department to impose an administrative fine for violations of laws and regulations relating to alternative electronic transportation system vehicles.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 43 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9.5, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. 1. Alternative electronic transportation system means any hardware or software which is installed within a vehicle or a mobile transportation device that:
(a) Allows a person in a vehicle on a highway to control, in real time, the mechanical operations of the vehicle, including, without limitation, braking, steering and adjusting the throttle, without the person physically touching the braking, steering, throttle or other controls of the vehicle;
(b) Allows a person to program a mobile transportation device to operate along various routes, without the active control or monitoring by the person on premises to which the public has access;
(c) Allows for a vehicle on a highway to be operated without the active control or monitoring of a person in a way that is outside the scope of an automated driving system; or
κ2019 Statutes of Nevada, Page 573 (CHAPTER 105, AB 23)κ
(d) Allows for a mobile transportation device on premises to which the public has access to be controlled remotely or operated without the active control or monitoring of a person in a way that is outside the scope of an automated driving system.
2. The term does not include an automated driving system.
3. As used in this section, automated driving system has the meaning ascribed to it in NRS 482A.025.
Sec. 4. Alternative electronic transportation system vehicle means a vehicle or mobile transportation device equipped with an alternative electronic transportation system. The term does not include:
1. An autonomous vehicle, as defined in NRS 482A.030.
2. A vehicle or device that is used exclusively upon fixed mechanical or electromagnetic guideways.
Sec. 5. Highway has the meaning ascribed to it in NRS 482A.040.
Sec. 6. Mobile transportation device means a device capable of being equipped with an alternative electronic transportation system that is not a vehicle and in, upon or by which any property is or may be transported or drawn upon premises to which the public has access. The term does not include:
1. An autonomous vehicle, as defined in NRS 482A.030.
2. A vehicle or device that is used exclusively upon fixed mechanical or electromagnetic guideways.
Sec. 7. Premises to which the public has access has the meaning ascribed to it in NRS 484A.185, except the term does not include property located upon a public or privately owned airport or any property owned, leased, controlled or managed by a public or privately owned airport.
Sec. 8. Vehicle has the meaning ascribed to it in NRS 484A.320.
Sec. 9. 1. The Department may adopt regulations authorizing the operation and testing of alternative electronic transportation system vehicles on highways and premises to which the public has access within the State of Nevada.
2. The regulations adopted pursuant to subsection 1 must:
(a) Require a person who wishes to operate or test an alternative electronic transportation system vehicle on a highway or premises to which the public has access within this State to submit an application to the Department;
(b) Prescribe the form and contents of an application submitted pursuant to paragraph (a);
(c) Set forth requirements relating to the registration of and issuance of license plates to an alternative electronic transportation system vehicle in this State;
(d) Set forth requirements concerning the control of emissions from an alternative electronic transportation system vehicle in this State;
(e) Require that an alternative electronic transportation system vehicle be capable of operating in compliance with the applicable motor vehicle laws and traffic laws of this State, unless an exemption has been granted by the Department;
(f) Require a person who wishes to operate or test an alternative electronic transportation system vehicle on a highway or on premises to which the public has access within this State to obtain and maintain a policy of insurance on the alternative electronic transportation system vehicle that meets the requirements of NRS 485.185 or 485.186 and:
κ2019 Statutes of Nevada, Page 574 (CHAPTER 105, AB 23)κ
(1) Submit to the Department proof of insurance or self-insurance acceptable to the Department in the amount of $5,000,000; or
(2) Make a cash deposit or post and maintain a surety bond or other form of security with the Department in the amount of $5,000,000;
(g) Set forth requirements for the reporting of all crashes involving alternative electronic transportation system vehicles; and
(h) Set forth requirements for the granting of an exemption from the applicable motor vehicle laws and traffic laws of this State for the operation or testing of an alternative electronic transportation system vehicle.
Sec. 9.5. The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter or any regulation adopted pursuant thereto.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 28Committee on Growth and Infrastructure
CHAPTER 106
[Approved: May 23, 2019]
AN ACT relating to veterans; revising provisions governing the evidence satisfactory to declare status as a veteran on an instruction permit, drivers license, identification card and commercial drivers license; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Department of Motor Vehicles is required to inquire of any applicant for an instruction permit, drivers license, identification card or commercial drivers license whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States. (NRS 483.292, 483.852, 483.927) If a person wishes to declare his or her status as a veteran, the person must provide evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States. Such a person may also indicate to the Department whether or not the person wishes to have placed on his or her permit, license or card a designation that he or she is a veteran. (NRS 483.2925, 483.853) Section 1 of this bill authorizes the Department to enter into an agreement with the Department of Veterans Services for the purpose of exchanging information relevant to verifying that an applicant was honorably discharged from the Armed Forces of the United States.
Sections 2-4 of this bill provide that such evidence may include, without limitation, digital verification obtained from the Nevada Veterans Information System maintained by the Department of Veterans Services of certain discharge and separation forms.
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 483 of NRS is hereby amended by adding thereto a new section to read as follows:
The Department may enter into an agreement, including, without limitation, an interlocal agreement that meets the requirements of chapter 277 of NRS, with the Department of Veterans Services.
κ2019 Statutes of Nevada, Page 575 (CHAPTER 106, AB 28)κ
277 of NRS, with the Department of Veterans Services. The agreement may provide for, without limitation, the electronic or digital sharing of information for the purposes of NRS 483.292, 483.852 and 483.927.
Sec. 2. NRS 483.292 is hereby amended to read as follows:
483.292 1. When a person applies to the Department for the initial issuance of an instruction permit or drivers license pursuant to NRS 483.290 or 483.291 or the renewal of an instruction permit or drivers license, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.
2. If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide:
(a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States; and
(b) A written release authorizing the Department of Motor Vehicles to provide to the Department of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.
3. In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her instruction permit or drivers license a designation that he or she is a veteran, as described in NRS 483.2925, must:
(a) If applying for the initial issuance of an instruction permit or drivers license, appear in person at an office of the Department and submit evidence satisfactory to the Department that [the person] he or she has been honorably discharged from the Armed Forces of the United States.
(b) If applying for the renewal of an instruction permit or drivers license upon which a designation that the person is a veteran:
(1) Is not placed, submit by mail or in person an honorable discharge or other document of honorable separation from the Armed Forces of the United States [.] or other evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.
(2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the instruction permit or drivers license to continue to designate that the person is a veteran.
4. The Department shall, at least once each month:
(a) Compile a list of persons who have, during the immediately preceding month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and
(b) Transmit that list to the Department of Veterans Services to be used for statistical and communication purposes.
5. As used in this section, evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States includes, without limitation, digital verification obtained from the Nevada Veterans Information System, or its successor, maintained by the Department of Veterans Services, of the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, issued by the United States Department of Defense, or a similar form, including, without limitation:
(a) AF IMT 100, Request and Authorization for Separation;
(b) DD Form 217, Discharge Certificate;
κ2019 Statutes of Nevada, Page 576 (CHAPTER 106, AB 28)κ
(c) NA Form 13038, Certification of Military Service;
(d) NAVCG 2510, Honorable Discharge, United States Coast Guard;
(e) NAVMC 70-PD, Honorable Discharge, United States Marine Corps;
(f) NAVMC 78-PD, United States Marine Corps Report of Separation;
(g) NAVPERS-553, Notice of Separation from United States Naval Service;
(h) NAVPERS-660, Honorable Discharge from United States Navy;
(i) NGB Form 22, Report of Separation and Record of Service, National Guard Bureau;
(j) NMC 2571 A&I, Honorable Discharge, United States Marine Corps;
(k) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;
(l) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;
(m) WD AGO 53-58, Enlisted Record and Report of Separation Honorable Discharge;
(n) WD AGO 55, Honorable Discharge from The Army of the United States;
(o) WD AGO 525, Honorable Discharge from the United States Army;
(p) WD AGO 755, Honorable Discharge, Womens Army Auxiliary Corps; and
(q) WD AGO-729, Honorable Discharge from the Army of the United States of America.
Sec. 3. NRS 483.852 is hereby amended to read as follows:
483.852 1. When a person applies to the Department for the initial issuance of an identification card pursuant to NRS 483.850 or the renewal of an identification card pursuant to NRS 483.875, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.
2. If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide:
(a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States; and
(b) A written release authorizing the Department of Motor Vehicles to provide to the Department of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.
3. In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her identification card a designation that he or she is a veteran, as described in NRS 483.853, must:
(a) If applying for the initial issuance of an identification card, appear in person at an office of the Department and submit evidence satisfactory to the Department that [the person] he or she has been honorably discharged from the Armed Forces of the United States.
(b) If applying for the renewal of an identification card upon which a designation that the person is a veteran:
(1) Is not placed, submit by mail or in person an honorable discharge or other document of honorable separation from the Armed Forces of the United States [.]
κ2019 Statutes of Nevada, Page 577 (CHAPTER 106, AB 28)κ
United States [.] or other evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.
(2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the identification card to continue to designate that the person is a veteran.
4. The Department shall, at least once each month:
(a) Compile a list of persons who have, during the immediately preceding month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and
(b) Transmit that list to the Department of Veterans Services to be used for statistical and communication purposes.
5. As used in this section, evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States includes, without limitation, digital verification obtained from the Nevada Veterans Information System, or its successor, maintained by the Department of Veterans Services, of the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, issued by the United States Department of Defense, or a similar form, including, without limitation:
(a) AF IMT 100, Request and Authorization for Separation;
(b) DD Form 217, Discharge Certificate;
(c) NA Form 13038, Certification of Military Service;
(d) NAVCG 2510, Honorable Discharge, United States Coast Guard;
(e) NAVMC 70-PD, Honorable Discharge, United States Marine Corps;
(f) NAVMC 78-PD, United States Marine Corps Report of Separation;
(g) NAVPERS-553, Notice of Separation from United States Naval Service;
(h) NAVPERS-660, Honorable Discharge from United States Navy;
(i) NGB Form 22, Report of Separation and Record of Service, National Guard Bureau;
(j) NMC 2571 A&I, Honorable Discharge, United States Marine Corps;
(k) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;
(l) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;
(m) WD AGO 53-58, Enlisted Record and Report of Separation Honorable Discharge;
(n) WD AGO 55, Honorable Discharge from The Army of the United States;
(o) WD AGO 525, Honorable Discharge from the United States Army;
(p) WD AGO 755, Honorable Discharge, Womens Army Auxiliary Corps; and
(q) WD AGO-729, Honorable Discharge from the Army of the United States of America.
Sec. 4. NRS 483.927 is hereby amended to read as follows:
483.927 1. A person who wishes to have placed on his or her commercial drivers license a designation that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 2 must:
κ2019 Statutes of Nevada, Page 578 (CHAPTER 106, AB 28)κ
(a) If applying for the initial issuance of a commercial drivers license, appear in person at an office of the Department and submit evidence satisfactory to the Department that [the person] he or she has been honorably discharged from the Armed Forces of the United States.
(b) If applying for the renewal of a commercial drivers license upon which a designation that the person is a veteran:
(1) Is not placed, submit by mail or in person an honorable discharge or other document of honorable separation from the Armed Forces of the United States [.] or other evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.
(2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the commercial drivers license to continue to designate that the person is a veteran.
2. Upon the request of a person that his or her commercial drivers license indicate that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 1, and who satisfies the requirements of that subsection, the Department shall place on any commercial drivers license issued to the person pursuant to the provisions of this chapter a designation that the person is a veteran.
3. The Director shall determine the design and placement of the designation of veteran status required by this section on any commercial drivers license to which this section applies.
4. As used in this section, evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States includes, without limitation, digital verification obtained from the Nevada Veterans Information System, or its successor, maintained by the Department of Veterans Services, of the applicants DD Form 214, Certificate of Release or Discharge from Active Duty, issued by the United States Department of Defense, or a similar form, including, without limitation:
(a) AF IMT 100, Request and Authorization for Separation;
(b) DD Form 217, Discharge Certificate;
(c) NA Form 13038, Certification of Military Service;
(d) NAVCG 2510, Honorable Discharge, United States Coast Guard;
(e) NAVMC 70-PD, Honorable Discharge, United States Marine Corps;
(f) NAVMC 78-PD, United States Marine Corps Report of Separation;
(g) NAVPERS-553, Notice of Separation from United States Naval Service;
(h) NAVPERS-660, Honorable Discharge from United States Navy;
(i) NGB Form 22, Report of Separation and Record of Service, National Guard Bureau;
(j) NMC 2571 A&I, Honorable Discharge, United States Marine Corps;
(k) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;
(l) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;
(m) WD AGO 53-58, Enlisted Record and Report of Separation Honorable Discharge;
(n) WD AGO 55, Honorable Discharge from The Army of the United States;
κ2019 Statutes of Nevada, Page 579 (CHAPTER 106, AB 28)κ
(o) WD AGO 525, Honorable Discharge from the United States Army;
(p) WD AGO 755, Honorable Discharge, Womens Army Auxiliary Corps; and
(q) WD AGO-729, Honorable Discharge from the Army of the United States of America.
Sec. 5. 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.
________
Assembly Bill No. 52Committee on Government Affairs
CHAPTER 107
[Approved: May 23, 2019]
AN ACT relating to the State Department of Conservation and Natural Resources; creating the Division of Natural Heritage within the Department; transferring the duties of the Nevada Natural Heritage Program to the Division; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Department of Conservation and Natural Resources, which is composed of the Division of Water Resources, the Division of State Lands, the Division of Forestry, the Division of State Parks, the Division of Environmental Protection, the Office of Historic Preservation and various programs, including the Nevada Natural Heritage Program. (NRS 232.020, 232.090) Section 6 of this bill eliminates the Program and creates the Division of Natural Heritage within the Department. Section 3 of this bill sets forth the duties of the Division. Section 7 of this bill transfers certain duties of the Program to the Division. Section 2 of this bill provides that the Division consists of an Administrator and other necessary personnel.
Existing regulations of the State Forester Firewarden set forth duties for the Nevada Natural Heritage Program relating to native flora. (NAC 527.110, 527.200) Section 7 provides that those regulations remain in effect and may be enforced until the Administrator of the Division of Natural Heritage and the State Forester Firewarden jointly agree to repeal or replace those regulations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Division of Natural Heritage consists of the Administrator and any other necessary personnel.
2. The Administrator is appointed by the Director and is in the unclassified service of the State.
κ2019 Statutes of Nevada, Page 580 (CHAPTER 107, AB 52)κ
Sec. 3. 1. The Division of Natural Heritage shall:
(a) Provide expertise in the areas of zoology, botany and community ecology, including the study of wetland ecosystems; and
(b) Maintain data systems related to the location, biology and conservation status of plant and animal species and ecosystems.
2. The Administrator may adopt any regulations necessary to carry out the provisions of this section.
Sec. 4. NRS 232.010 is hereby amended to read as follows:
232.010 As used in NRS 232.010 to 232.162, inclusive [:] , and sections 2 and 3 of this act:
1. Department means the State Department of Conservation and Natural Resources.
2. Director means the Director of the State Department of Conservation and Natural Resources.
Sec. 5. NRS 232.020 is hereby amended to read as follows:
232.020 There is hereby created the State Department of Conservation and Natural Resources, in which is vested the administration of the provisions of NRS 232.010 to 232.162, inclusive [.] , and sections 2 and 3 of this act.
Sec. 6. NRS 232.090 is hereby amended to read as follows:
232.090 1. The Department consists of the Director and the following:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Environmental Protection.
(f) The Office of Historic Preservation.
(g) The Division of Natural Heritage.
(h) Such other divisions as the Director may from time to time establish.
2. The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles, the Conservation Districts Program, [the Nevada Natural Heritage Program,] the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.
Sec. 7. 1. The duties of the Nevada Natural Heritage Program set forth in regulations are hereby transferred to the Division of Natural Heritage of the State Department of Conservation and Natural Resources.
2. Notwithstanding the provisions of subsection 2 of section 3 of this act, regulations adopted by the State Forester Firewarden relating to the Nevada Natural Heritage Program and codified as NAC 527.110 and 527.200 remain in effect and may be enforced until the Administrator of the Division of Natural Heritage of the State Department of Conservation and Natural Resources and the State Forester Firewarden jointly agree to repeal or replace those regulations.
Sec. 8. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 9. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 581κ
Assembly Bill No. 59Committee on Natural Resources, Agriculture, and Mining
CHAPTER 108
[Approved: May 23, 2019]
AN ACT relating to state lands; revising the requirements for the issuance of certain permits for entering, camping and boating in state parks and recreational areas; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of State Parks of the State Department of Conservation and Natural Resources is required to issue an annual permit for the free use of all state parks and recreational areas in this State to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted. (NRS 407.065) This bill eliminates the requirement for 5 years residency and instead requires the Division to issue such a permit to any bona fide resident of the State of Nevada who is 65 years of age or older.
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 407.065 is hereby amended to read as follows:
407.065 1. The Administrator, subject to the approval of the Director:
(a) Except as otherwise provided in this paragraph and NRS 407.066, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.
(b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.
(c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.
(d) Except as otherwise provided in this section, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue an annual permit for entering, camping and boating in all state parks and recreational areas in this State:
κ2019 Statutes of Nevada, Page 582 (CHAPTER 108, AB 59)κ
(1) Upon application therefor and proof of residency and age, to any [person] bona fide resident of the State of Nevada who is 65 years of age or older . [and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.]
(2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.
Κ The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.
(e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.
(f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.
(g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.
(h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Account for State Park Interpretative and Educational Programs and Operation of Concessions created by NRS 407.0755.
2. The Administrator:
(a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee; and
(b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 4, use the facilities of the state park or recreational area without paying the entrance fee.
3. The Administrator shall establish a program for the issuance of an annual permit, free of charge, to enter each state park and recreational area in this State to any pupil who is enrolled in the fifth grade at a school in this State. The program must:
κ2019 Statutes of Nevada, Page 583 (CHAPTER 108, AB 59)κ
(a) Specify the period for which the Administrator may issue an annual permit to a pupil pursuant to this subsection, including, without limitation, the date upon which the Administrator may issue an annual permit to a pupil who has completed fourth grade and who intends to enter the fifth grade after completing the fourth grade;
(b) Specify the circumstances under which a pupil and any person accompanying a pupil may use the annual permit to enter a state park or recreational area; and
(c) Include any other requirement which the Administrator determines is necessary to establish and carry out the program pursuant to this subsection.
4. An annual permit issued pursuant to subsection 2 or 3 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.
5. During each Public Lands Day observed pursuant to NRS 236.053, and upon proof of residency in this State, the Division shall allow a resident of this State to enter, camp and boat in any state park or recreational area without the payment of any fees for those activities. The free day of camping authorized pursuant to this subsection must include either the Friday night before Public Lands Day or overnight on the night of Public Lands Day, as determined by the Administrator for each state park and recreational area. A person is not entitled to receive more than one free night of camping during each Public Lands Day pursuant to this subsection.
6. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.
Sec. 2. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On July 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 584κ
Assembly Bill No. 122Committee on Health and Human Services
CHAPTER 109
[Approved: May 23, 2019]
AN ACT relating to assisted living facilities; requiring the Department of Health and Human Services to study the feasibility of establishing assisted living facilities in rural areas that also provide certain other services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes separate licensing categories for assisted living facilities and facilities for the care of adults during the day. (NRS 449.004, 449.017) This bill requires the Department of Health and Human Services to study the feasibility of establishing and operating in rural areas of this State assisted living facilities that also provide respite care and the services of a facility for the care of adults during the day.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.5. On or before October 1, 2020, the Department of Health and Human Services shall:
1. Study the feasibility of establishing and operating in rural areas of this State assisted living facilities that also provide respite care and the services of a facility for the care of adults during the day, as defined in NRS 449.004. The study must include, without limitation:
(a) An analysis of the feasibility of creating a single license for such a facility;
(b) Identification of the manner in which such a facility would receive reimbursements from Medicaid;
(c) An analysis of the feasibility of recruiting adequate staff to operate such a facility;
(d) An analysis of the economic viability of and payment structure of such a facility;
(e) Identification of technical, economic and legal barriers to the establishment and operation of such a facility; and
(f) A possible timeline for creating a pilot program to establish such facilities.
2. Present the study at a meeting of the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs; and
3. Submit a written report of the study to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs.
Sec. 4. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 585κ
Assembly Bill No. 152Assemblymen Monroe-Moreno; Cohen, Fumo, Peters and Swank
Joint Sponsors: Senators Cancela and Spearman
CHAPTER 110
[Approved: May 23, 2019]
AN ACT relating to historic preservation; revising and increasing the penalties for crimes related to certain actions which injure or destroy the cairn or grave of a native Indian or an historic or prehistoric site and crimes related to the trafficking of cultural property obtained from state land without a permit; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a gross misdemeanor for a person to willfully remove without obtaining any required permit, mutilate, deface, injure or destroy the cairn or grave of a native Indian. Under existing law, a first such offense is punishable by a fine of $2,000 and a second or subsequent such offense is punishable by a fine of not more than $4,500, and may be further punished by imprisonment in a county jail for not more than 364 days. Section 1 of this bill increases the penalties for these offenses by providing that a first such offense is a gross misdemeanor, a second such offense is a category E felony and a third or subsequent such offense is a category C felony. Section 1 also requires a court, in addition to any other penalty, to order a person who committed such an offense to pay restitution for the cost to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.
Existing law makes it a crime for a person to knowingly and willfully remove, mutilate, deface, excavate, injure or destroy a historic or prehistoric site or resource on state land or to receive, traffic in or sell cultural property appropriated from state land without a valid permit. Under existing law, a first such offense is a misdemeanor punishable by a fine of $1,000 and a second or subsequent such offense is a gross misdemeanor punishable by imprisonment in the county jail for not more than 364 days or by a fine of not more than $3,500, or by both fine and imprisonment. (NRS 383.435)
Section 1.5 of this bill increases the penalties for these offenses by providing that a first such offense is a gross misdemeanor, a second such offense is a category E felony and a third or subsequent such offense is a category C felony. Section 1.5 also requires a court, in addition to any other penalty, to order a person who committed such an offense to pay restitution for the cost of restoration, stabilization and interpretation of the site or cultural 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 383.180 is hereby amended to read as follows:
383.180 1. Except as otherwise provided in NRS 383.170, a person who willfully removes without obtaining any required permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian : [is guilty of a gross misdemeanor and shall be:]
(a) [Punished by a fine of $2,000 for the] For a first offense, [or by a fine of not more than $4,500 for] is guilty of a gross misdemeanor.
κ2019 Statutes of Nevada, Page 586 (CHAPTER 110, AB 152)κ
(b) For a second [or subsequent] offense, [and may be further punished by imprisonment in the county jail for not more than 364 days; and
(b) Ordered to pay for the costs] is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Κ In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.
2. A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 364 days.
3. A person who:
(a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;
(b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by other than human action; or
(b) Action taken by a peace officer in the performance of his or her duties.
Sec. 1.5. NRS 383.435 is hereby amended to read as follows:
383.435 1. Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:
(a) For a first offense, is guilty of a gross misdemeanor . [and shall be punished by a fine of $1,000.]
(b) For a second [or subsequent] offense, is guilty of a [gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days or by a fine of not more than $3,500, or by both fine and imprisonment.] category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Κ In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost of restoration, stabilization and interpretation of the site or cultural property, as applicable.
κ2019 Statutes of Nevada, Page 587 (CHAPTER 110, AB 152)κ
2. This section does not apply to any action taken:
(a) In accordance with an agreement with the Office entered into pursuant to NRS 383.430; or
(b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, by the holder of a permit issued pursuant to those sections.
3. In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 206Assemblymen McCurdy; Carrillo and Fumo
CHAPTER 111
[Approved: May 23, 2019]
AN ACT relating to emergency management; requiring the Chief of the Division of Emergency Management of the Department of Public Safety to develop written plans for the mitigation of, preparation for, response to and recovery from emergencies or disasters; abolishing the Committee on Training in Search and Rescue and transferring certain of its duties to the Board of Search and Rescue; requiring the Department of Health and Human Services to develop a written plan to address behavioral health needs in an emergency or disaster; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Chief of the Division of Emergency Management of the Department of Public Safety to assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process for the mitigation of, preparation for, response to and recovery from emergencies or disasters. (NRS 414.040) Section 8 of this bill requires, as part of that process, the Chief to develop written plans for the mitigation of, preparation for, response to and recovery from emergencies or disasters. Sections 3-6 of this bill prescribe the contents of each of these plans and require the Chief to annually review each plan and revise the plan as necessary. Section 9 of this bill makes a conforming change.
Section 11 of this bill requires the Department of Health and Human Services to develop a written plan to address behavioral health needs in an emergency or disaster. Section 11 also: (1) prescribes the contents of this plan; (2) requires the Department to annually review the plan and revise the plan as necessary; and (3) requires the Department to transmit the plan to the Chief.
Existing law creates the Board of Search and Rescue, consisting of 10 members appointed by the Chief. The Board is required, in part, to formulate policy regarding search and rescue and provide direction and guidance for the Coordinator of Search and Rescue. The Coordinator, who is an employee of the Division of Emergency Management, is appointed by the Chief and has various duties relating to searches and rescues, including planning, coordinating and providing assistance and applying for grants.
κ2019 Statutes of Nevada, Page 588 (CHAPTER 111, AB 206)κ
Management, is appointed by the Chief and has various duties relating to searches and rescues, including planning, coordinating and providing assistance and applying for grants. (NRS 414.170-414.210) Existing law also creates the Committee on Training in Search and Rescue, consisting of six members appointed by the Coordinator. The Committee is required under existing law to: (1) establish recommendations for organizations specializing in search and rescue and certify organizations which meet those recommendations at the appropriate level; (2) maintain a list of all certified organizations and their resources; and (3) coordinate training in techniques of search and rescue. (NRS 414.220-414.240) Section 13 of this bill abolishes the Committee on Training in Search and Rescue, and section 10 of this bill transfers the duties of the Committee to the Board of Search and Rescue.
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 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Hazard means an event or physical condition that has the potential to cause an emergency or disaster.
Sec. 3. 1. The written plan to mitigate the impact of an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation, prescribe a process to:
(a) Identify and evaluate hazards;
(b) Conduct vulnerability assessments with respect to a hazard identified pursuant to paragraph (a); and
(c) Mitigate a hazard identified pursuant to paragraph (a).
2. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Sec. 4. 1. The written plan to prepare for an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation:
(a) Prescribe a program for developing and maintaining the capabilities of state agencies, local governments and Indian tribes or nations to respond to and recover from an emergency or disaster, including, without limitation, any training, drills or exercises;
(b) Prescribe a schedule for reviewing plans for emergency management adopted by a political subdivision of this State or an Indian tribe or nation;
(c) Prescribe a program for disseminating information to the public regarding the mitigation of, preparation for, response to and recovery from an emergency or disaster;
(d) Prescribe a program for coordinating the response to an emergency or disaster at the state level; and
(e) Identify and prescribe programs to address any gaps in emergency response or any needs identified in vulnerability assessments relating to hazards.
2. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Sec. 5. 1. The written plan to respond to emergencies or disasters required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation:
κ2019 Statutes of Nevada, Page 589 (CHAPTER 111, AB 206)κ
(a) Describe the roles of state agencies, local governments, Indian tribes or nations and private organizations, including, without limitation, volunteer organizations, during an emergency or disaster;
(b) Describe the primary mechanisms for providing assistance at the state level during an emergency or disaster; and
(c) Describe the policies, processes, procedures, roles and responsibilities that state agencies carry out before, during and after an emergency or disaster.
2. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Sec. 6. 1. The written plan for recovery from an emergency or disaster required by paragraph (a) of subsection 4 of NRS 414.040 must, without limitation:
(a) Establish an organizational structure that facilitates support by the Division of Emergency Management of the Department of Public Safety of any recovery activities conducted by local governments and Indian tribes or nations after an emergency or disaster;
(b) Assign roles and responsibilities to state agencies to support recovery activities;
(c) Identify persons who are employees of federal agencies, state and local governmental agencies, Indian tribes or nations, private organizations or other entities identified by the Division who will serve as liaisons between those agencies, organizations or entities and the Division to coordinate recovery activities; and
(d) Facilitate the stabilization, rebuilding and revitalization of communities impacted by an emergency or disaster.
2. Upon request of a state agency, local government or Indian tribe or nation, the Division shall provide training regarding the plan.
3. On or before December 31 of each year, the Chief shall review and revise the plan as necessary.
Sec. 7. NRS 414.030 is hereby amended to read as follows:
414.030 As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this state. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
κ2019 Statutes of Nevada, Page 590 (CHAPTER 111, AB 206)κ
agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall [conduct] :
(a) Except as otherwise provided in section 11 of this act, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in sections 3 to 6, inclusive, of this act.
(b) Conduct activities designed to:
[(a)] (1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
[(b)] (2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
[(c)] (3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
[(d)] (4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
[(e)] (5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;
(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS; and
(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130.
6. The Division shall perform the duties required pursuant to chapter 415A of NRS.
7. The Division shall perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government.
Sec. 9. NRS 414.097 is hereby amended to read as follows:
414.097 1. The state emergency management plan prepared pursuant to NRS 414.060 and each plan for emergency operations specified in subparagraph (2) of paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local governmental agency must include provisions ensuring that, to the extent practicable, a person with a disability who uses a service animal is evacuated, transported and sheltered together with the service animal during a disaster or emergency.
κ2019 Statutes of Nevada, Page 591 (CHAPTER 111, AB 206)κ
subparagraph (2) of paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local governmental agency must include provisions ensuring that, to the extent practicable, a person with a disability who uses a service animal is evacuated, transported and sheltered together with the service animal during a disaster or emergency.
2. As used in this section:
(a) Disability has the meaning ascribed to it in NRS 426.068.
(b) Service animal has the meaning ascribed to it in NRS 426.097.
Sec. 10. NRS 414.180 is hereby amended to read as follows:
414.180 The Board shall:
1. Meet at the call of the Chief and at least once every 6 months;
2. Provide direction and guidance for the Coordinator;
3. Formulate policy regarding search and rescue; [and]
4. Coordinate training in techniques of search and rescue;
5. Establish recommendations for organizations specializing in search and rescue, and certify organizations which meet those recommendations at the appropriate level;
6. Maintain a list of all organizations certified pursuant to subsection 5 and their resources; and
7. Carry out the other duties assigned to it in this chapter.
Sec. 11. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall develop a written plan to address behavioral health needs in an emergency or disaster. Such a plan must, without limitation:
(a) Prescribe a process for assessing the need for behavioral health resources during or after an emergency or disaster based on the estimated impact of the emergency or disaster and the estimated depletion of resources during the emergency or disaster;
(b) Ensure continuity of services for existing patients with a mental illness, developmental disability or intellectual disability during an emergency or disaster;
(c) Prescribe strategies to deploy triage and psychological first-aid services during an emergency or disaster;
(d) Identify opportunities for the rendering of mutual aid during an emergency or disaster;
(e) Prescribe procedures to address the behavioral health needs of first responders during and after an emergency or disaster; and
(f) Prescribe measures to aid the recovery of the behavioral health system after an emergency or disaster.
2. On or before December 31 of each year, the Department shall:
(a) Review the plan developed pursuant to subsection 1 and revise the plan as necessary; and
(b) Transmit the plan to the Chief of the Division of Emergency Management of the Department of Public Safety.
3. As used in this section:
(a) Disaster has the meaning ascribed to it in NRS 414.0335.
(b) Emergency has the meaning ascribed to it in NRS 414.0345.
Sec. 12. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.4858, inclusive, and section 11 of this act, unless the context requires otherwise:
κ2019 Statutes of Nevada, Page 592 (CHAPTER 111, AB 206)κ
1. Department means the Department of Health and Human Services.
2. Director means the Director of the Department.
Sec. 13. NRS 414.032, 414.220, 414.230 and 414.240 are hereby repealed.
Sec. 14. This act becomes effective on July 1, 2019.
________
Senate Bill No. 24Committee on Health and Human Services
CHAPTER 112
[Approved: May 23, 2019]
AN ACT relating to senior citizens; authorizing the Nevada Silver Haired Legislative Forum to appoint advisory nonvoting members; revising provisions governing the rights and responsibilities of ex officio members of the Forum; revising provisions relating to the qualifications, terms of office and responsibilities of officers of the Forum; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Silver Haired Legislative Forum, consisting of members appointed by the Legislative Commission from persons nominated by each member of the Senate and the members of the Nevada delegation of the National Silver Haired Congress, who are ex officio members of the Forum. (NRS 427A.320, 427A.330, 427A.350) To qualify for appointment by the Legislative Commission to be a member of the Forum, a person must have been a resident of this State for 5 years immediately preceding his or her appointment, have been a registered voter in the senatorial district of the Senator who nominated the member for 3 years immediately preceding his or her appointment and be at least 60 years of age on the day that he or she is appointed. (NRS 427A.340) Section 1.5 of this bill authorizes the Forum to appoint advisory nonvoting members. Section 1.5 prescribes the qualifications and terms of office for such advisory members and section 3.7 of this bill prescribes their compensation. Section 1.9 of this bill revises the rights and responsibilities of ex officio members of the Nevada Silver Haired Legislative Forum to provide that an ex officio member of the Forum may vote on matters before the Forum only if the ex officio member: (1) has been a resident of this State for the 5 years immediately preceding the date of the vote; and (2) is at least 60 years of age on the day of the vote. Section 3.3 of this bill makes a conforming change.
Existing law provides that, under certain circumstances, if a position in the Nevada Silver Haired Legislative Forum becomes vacant, the Legislative Commission is required to appoint a person to serve the remainder of the term of the position in the Forum which has become vacant. (NRS 427A.360) Section 2 of this bill clarifies that provisions governing vacancies in a position in the Forum apply only to the members of the Forum appointed by the Legislative Commission.
Existing law provides that members of the Nevada Silver Haired Legislative Forum are required to elect a President, a Vice President, a Secretary and a Treasurer. Existing law further provides the duties of these officers and that these officers serve a term of 1 year beginning on July 1 of each year. (NRS 427A.370) Section 3 of this bill: (1) removes the Secretary and Treasurer as officers of the Forum and instead requires the Forum to elect two facilitators, whose duties are to gather information on issues of importance to senior citizens and report on those issues at each meeting of the Forum; (2) requires the President and Vice President of the Forum to coordinate and facilitate the activities and meetings of the Forum; (3) changes the term of the President of the Forum from 1 year to 2 years and enacts a limit on serving more than two terms as President of the Forum; (4) provides that the terms of the officers of the Forum begin on September 1, instead of on July 1; and (5) clarifies that only members appointed by the Legislative Commission are eligible to serve as officers of the Forum.
κ2019 Statutes of Nevada, Page 593 (CHAPTER 112, SB 24)κ
the Forum; (2) requires the President and Vice President of the Forum to coordinate and facilitate the activities and meetings of the Forum; (3) changes the term of the President of the Forum from 1 year to 2 years and enacts a limit on serving more than two terms as President of the Forum; (4) provides that the terms of the officers of the Forum begin on September 1, instead of on July 1; and (5) clarifies that only members appointed by the Legislative Commission are eligible to serve as officers of the Forum. Section 3.5 of this bill requires the President, instead of the Treasurer, to administer any account in which money received by the Forum is deposited. Section 5 of this bill: (1) provides that persons serving as President and Vice President of the Forum for the term ending on June 30, 2019, continue to serve in those positions until the election of a successor; and (2) requires the Forum to hold a meeting as soon as practicable after July 1, 2019, to elect a President, a Vice President and two facilitators to terms beginning on September 1, 2019. Section 6 of this bill provides that any term of the President of the Forum commencing on or before July 1, 2019, must not be counted in determining the limitation set forth in section 3 on the number of terms a member of the Forum may serve as President.
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 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 1.5, inclusive, of this act.
Sec. 1.1. As used in NRS 427A.320 to 427A.400, inclusive, and sections 1.1 to 1.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.2 and 1.3 of this act have the meanings ascribed to them in those sections.
Sec. 1.2. Forum means the Nevada Silver Haired Legislative Forum created by NRS 427A.320.
Sec. 1.3. President means the person elected to serve as President of the Forum pursuant to NRS 427A.370.
Sec. 1.5. 1. The Forum may, by the affirmative vote of a majority of its membership who are qualified to vote, appoint one or more persons to serve as advisory members of the Forum. An advisory member appointed pursuant to this subsection may not vote on any matter before the Forum.
2. Before voting upon the appointment of an advisory member pursuant to subsection 1, the Forum shall prescribe:
(a) The title and duties of the advisory member; and
(b) The term of office of the advisory member, which must not exceed 12 months.
3. To be eligible for appointment as an advisory member pursuant to subsection 1, a person must:
(a) Have been a resident of this State for at least 3 years immediately preceding his or her appointment; and
(b) Be at least 50 years of age on the day that he or she is appointed.
4. A person appointed to serve as an advisory member of the Forum pursuant to subsection 1 may be reappointed for additional terms as an advisory member in the same manner as the original appointment.
5. The membership of an advisory member appointed pursuant to subsection 1 in the Forum terminates upon:
κ2019 Statutes of Nevada, Page 594 (CHAPTER 112, SB 24)κ
(a) The death or resignation of the advisory member;
(b) The expiration of the term for which the advisory member has been appointed;
(c) The affirmative vote of a majority of the membership of the Forum that is qualified to vote to terminate the membership of the advisory member; or
(d) The absence of the advisory member for any reason from three consecutive meetings of the Forum, unless excused by the President.
Sec. 1.7. NRS 427A.340 is hereby amended to read as follows:
427A.340 [A] To be eligible for appointment as a member of the [Nevada Silver Haired Legislative] Forum pursuant to NRS 427A.330, a person must:
1. Have been a resident of this state for 5 years immediately preceding his or her appointment;
2. Have been a registered voter in the senatorial district of the Senator who nominated the member for 3 years immediately preceding his or her appointment; and
3. Be at least 60 years of age on the day that he or she is appointed.
Sec. 1.9. NRS 427A.350 is hereby amended to read as follows:
427A.350 1. Members of the National Silver Haired Congress from this State shall serve as ex officio members of the [Nevada Silver Haired Legislative] Forum. If a member of the National Silver Haired Congress ceases to be a member of the National Silver Haired Congress, the ex officio membership of that person in the [Nevada Silver Haired Legislative] Forum terminates. [An] Except as otherwise provided in this section and NRS 427A.370, an ex officio member of the [Nevada Silver Haired Legislative] Forum has the same rights and responsibilities as the members who are appointed [.] pursuant to NRS 427A.330.
2. Except as otherwise provided in subsection 3, ex officio members of the Forum are nonvoting members.
3. A member of the National Silver Haired Congress from this State who is an ex officio member of the Forum may vote on a matter considered by the Forum if he or she:
(a) Has been a resident of this State for 5 years immediately preceding the date of a meeting at which the Forum will vote on a matter considered by the Forum; and
(b) Is at least 60 years of age on the date of a meeting at which the Forum will vote on a matter considered by the Forum.
Sec. 2. NRS 427A.360 is hereby amended to read as follows:
427A.360 1. A position in the [Nevada Silver Haired Legislative] Forum to which a member is appointed pursuant to NRS 427A.330 becomes vacant upon:
(a) The death or resignation of such a member.
(b) The illness of such a member that prevents the member from attending three consecutive meetings of the [Nevada Silver Haired Legislative] Forum, unless excused by the President.
(c) The absence of such a member for any reason from three consecutive meetings of the [Nevada Silver Haired Legislative] Forum, unless excused by the President.
2. If a vacancy occurs [,] in a position in the Forum to which a member is appointed pursuant to NRS 427A.330, the Legislative Commission shall [appoint a person to serve] fill the vacancy in the same manner as the original selection for the remainder of the unexpired term.
κ2019 Statutes of Nevada, Page 595 (CHAPTER 112, SB 24)κ
manner as the original selection for the remainder of the unexpired term. The Legislative Commission may appoint a person whose membership in the National Silver Haired Congress has ended to fill such a vacancy in the [Nevada Silver Haired Legislative] Forum.
[3. As used in this section, President means the person elected to serve as President of the Nevada Silver Haired Legislative Forum pursuant to NRS 427A.370.]
Sec. 3. NRS 427A.370 is hereby amended to read as follows:
427A.370 1. The [Nevada Silver Haired Legislative] Forum shall elect from among its members [, to serve a term of 1 year beginning on July 1 of each year:] appointed pursuant to NRS 427A.330:
(a) A President [,] who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the [Nevada Silver Haired Legislative] Forum [.] and who shall serve a term of 2 years beginning on September 1.
(b) A Vice President [,] who shall assist the President and conduct meetings of the [Nevada Silver Haired Legislative] Forum if the President is absent or otherwise unable to perform his or her duties [.] and who shall serve a term of 1 year beginning on September 1 of each year.
(c) [A Secretary,] Two facilitators, one of whom resides in northern Nevada and one of whom resides in southern Nevada, who shall [:
(1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and
(2) At the first meeting of the Nevada Silver Haired Legislative Forum on or after July 1 of each year, prepare a list of the dates of the meetings that are scheduled for the year.
(d) A Treasurer, who shall, with the assistance of the Director of the Legislative Counsel Bureau, administer any account established pursuant to NRS 427A.395.] gather information on issues of importance to senior citizens and provide a report at each meeting of the Forum on the information gathered by the facilitators and who shall serve a term of 2 years beginning on September 1.
2. The President and Vice President shall coordinate and facilitate the activities and meetings of the Forum.
3. A member of the Forum appointed pursuant to NRS 427A.330 shall not serve more than two terms as President.
4. The Director of the Legislative Counsel Bureau shall provide such persons as are necessary to assist the [Nevada Silver Haired Legislative] Forum in carrying out its duties.
Sec. 3.3. NRS 427A.390 is hereby amended to read as follows:
427A.390 The [Nevada Silver Haired Legislative] Forum may:
1. Submit a report containing recommendations for legislative action to the Legislative Commission and the Governor before September 1 of each even-numbered year.
2. Accept gifts, grants and donations that must be deposited in an account established pursuant to NRS 427A.395.
3. Adopt procedures to conduct meetings of the [Nevada Silver Haired Legislative] Forum and committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the [Nevada Silver Haired Legislative] Forum who are qualified to vote and are present and voting.
κ2019 Statutes of Nevada, Page 596 (CHAPTER 112, SB 24)κ
Sec. 3.5. NRS 427A.395 is hereby amended to read as follows:
427A.395 1. All money received by the [Nevada Silver Haired Legislative] Forum must be deposited in a bank, credit union or other financial institution in this state and paid out on its order for its expenses.
2. The President, with the assistance of the Director of the Legislative Counsel Bureau, shall administer any account established pursuant to subsection 1.
3. All expenses incurred by the [Nevada Silver Haired Legislative] Forum in carrying out the provisions of NRS 427A.320 to 427A.400, inclusive, and sections 1.1 to 1.5, inclusive, of this act must be paid from an account established pursuant to subsection 1.
Sec. 3.7. NRS 427A.400 is hereby amended to read as follows:
427A.400 Within the limits of legislative appropriations, and any gifts, grants and donations, each member [of the Nevada Silver Haired Legislative Forum] appointed pursuant to NRS 427A.330, each ex officio member and each advisory member appointed pursuant to section 1.5 of this act is entitled to receive for attendance at a meeting of the [Nevada Silver Haired Legislative] Forum or a committee thereof the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. Notwithstanding the provisions of NRS 427A.370, as amended by section 3 of this act, the persons who were elected to serve the term as President and Vice President of the Nevada Silver Haired Legislative Forum ending on June 30, 2019, continue to serve as President and Vice President of the Forum until a successor is chosen.
2. As soon as practicable after July 1, 2019, the Nevada Silver Haired Legislative Forum shall meet to elect a President, a Vice President and two facilitators pursuant to NRS 427A.370, as amended by section 3 of this act, for a term beginning on September 1, 2019.
Sec. 6. For the purposes of subsection 3 of NRS 427A.370, as amended by section 3 of this act, any term of a President of the Nevada Silver Haired Legislative Forum commencing on or before July 1, 2019, must not be counted for the purposes of determining the limitation set forth in that subsection.
Sec. 7. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 597κ
Senate Bill No. 31Committee on Legislative Operations and Elections
CHAPTER 113
[Approved: May 23, 2019]
AN ACT relating to the State Personnel System; revising provisions relating to filling positions in the classified service without competition in cases involving certain appointments of employees with disabilities; revising provisions governing the testing of certain employees and applicants for employment for the presence of drugs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Personnel Commission to adopt regulations which provide for filling positions in the classified service of the Executive Department of the State Government without competition in the case of the appointment, upon approval of the appointing authority, of a current employee with a disability to a position at or below the grade of his or her position if the employee: (1) has successfully completed a probationary period for any class he or she has held during continuous classified service; and (2) becomes unable to perform the essential functions of his or her position with or without reasonable accommodation. (NRS 284.305) Section 1 of this bill removes the requirements: (1) that the appointment be approved by the appointing authority; and (2) that the employee have successfully completed a probationary period.
Under existing law, it is state policy to ensure that employees in the classified and unclassified service of the Executive Department of the State Government do not: (1) report for work in an impaired condition as a result of the use of alcohol or drugs; (2) consume alcohol while on duty; or (3) unlawfully possess or consume any drugs while on duty, at a work site or on state property. (NRS 284.406) Existing law authorizes an official, board or commission that has the legal authority to make appointments to positions in the classified or unclassified service to request that an employee submit to a screening test for alcohol or drugs under certain circumstances. (NRS 284.4065) Existing law also requires such an appointing authority to screen an applicant for alcohol and drugs before hiring the applicant for any position of employment that affects public safety. (NRS 284.4066) To detect the general presence of a controlled substance or other drug, existing law provides for the testing of a sample of a persons urine. (NRS 284.4061) Section 2 of this bill expands the types of samples for testing to detect the presence of a drug to include a sample of a persons blood or other bodily substance. Sections 3 and 4 of this bill make conforming changes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.305 is hereby amended to read as follows:
284.305 1. Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.300, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.
κ2019 Statutes of Nevada, Page 598 (CHAPTER 113, SB 31)κ
2. The Commission may adopt regulations which provide for filling positions in the classified service without competition in cases involving:
(a) The appointment [, upon approval of the appointing authority,] of a current employee with a disability to a position at or below the grade of his or her position if the employee [:
(1) Has successfully completed a probationary period for any class he or she has held during continuous classified service; and
(2) Becomes] becomes unable to perform the essential functions of his or her position with or without reasonable accommodation;
(b) The demotion of a current employee;
(c) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service, reclassification or a permanent partial disability arising out of and in the course of the employment of the current or former employee; or
(d) The reappointment of a current employee.
Sec. 2. NRS 284.4061 is hereby amended to read as follows:
284.4061 As used in NRS 284.406 to 284.407, inclusive, unless the context otherwise requires:
1. Employee means a person in the classified or unclassified service of the State.
2. Screening test means a test of a persons:
(a) Breath or blood to detect the general presence of alcohol; or
(b) Urine , blood or other bodily substance to detect the general presence of a controlled substance or any other drug,
Κ which could impair that persons ability to perform the duties of employment safely and efficiently.
Sec. 3. NRS 284.4065 is hereby amended to read as follows:
284.4065 1. Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:
(a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing the employees ability to perform the employees duties safely and efficiently;
(b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol or drugs, or both;
(2) That the results of the test are not admissible in any criminal proceeding against the employee; and
(3) That the employee may refuse the test, but that the employees refusal may result in the employees dismissal or in other disciplinary action being taken against the employee.
2. An appointing authority may request an employee to submit to a screening test if the employee:
(a) Is a law enforcement officer and, during the performance of the employees duties, the employee discharges a firearm, other than by accident;
(b) During the performance of the employees duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property; or
κ2019 Statutes of Nevada, Page 599 (CHAPTER 113, SB 31)κ
(c) Has or is involved in a work-related accident or injury.
Κ For the purposes of this subsection, the Commission shall, by regulation, define the terms substantial damage to property and work-related accident or injury.
3. An appointing authority may place an employee who submits to a screening test on administrative leave with pay until the appointing authority receives the results of the test.
4. An appointing authority shall:
(a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at the employees expense an independent test of the employees urine , [or] blood or other bodily substance from a laboratory of the employees choice which is certified by the United States Department of Health and Human Services.
(b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at the employees expense an independent test of the employees blood from a laboratory of the employees choice.
(c) Provide the employee with the written results of the employees screening test within 3 working days after it receives those results.
5. An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.
6. An appointing authority shall not use a screening test to harass an employee.
Sec. 4. NRS 284.4067 is hereby amended to read as follows:
284.4067 1. A screening test:
(a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory that is certified by the United States Department of Health and Human Services.
(b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample [of urine] provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of the persons sample until it is appropriately tagged and sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of any drug which could impair the ability of a person to perform the duties of employment safely and efficiently:
(a) The laboratory shall conduct another test of the same sample [of urine] to ascertain the specific substances and concentration of those substances in the sample; and
(b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at the persons expense by a laboratory of the persons choice certified by the United States Department of Health and Human Services.
κ2019 Statutes of Nevada, Page 600 (CHAPTER 113, SB 31)κ
Sec. 5. 1. This section and section 1 of this act become effective upon passage and approval.
2. Sections 2, 3 and 4 of this act become effective:
(a) 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
(b) On January 1, 2020, for all other purposes.
________
Senate Bill No. 34Committee on Government Affairs
CHAPTER 114
[Approved: May 23, 2019]
AN ACT relating to emergency management; requiring the Division of Emergency Management of the Department of Public Safety to adopt certain regulations; creating an exemption to provisions requiring certain grant recipients to report funds received for certain purposes to the Nevada Commission on Homeland Security; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides the duties of the Division of Emergency Management of the Department of Public Safety. (NRS 414.040) Section 1 of this bill requires the Division to adopt regulations setting forth the manner in which federal funds the Division receives to finance projects related to emergency management and homeland security are allocated, excluding any money committed by specific statute to the regulatory authority of another person or agency.
Under current law, if the State, political subdivision or tribal government receives money to pay for a project or program related to certain purposes concerning acts of terrorism, the recipient is required to submit a written report to the Commission on Homeland Security regarding the grant. (NRS 239C.300) Section 2 of this bill provides an exemption when the Division awards the grant.
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 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
κ2019 Statutes of Nevada, Page 601 (CHAPTER 114, SB 34)κ
for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this state. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall conduct activities designed to:
(a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
(c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;
(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS; and
(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130.
6. The Division shall [perform] :
(a) Perform the duties required pursuant to chapter 415A of NRS [.
7. The Division shall perform] ;
(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government [.] ;
κ2019 Statutes of Nevada, Page 602 (CHAPTER 114, SB 34)κ
(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740; and
(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:
(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;
(2) A description of the project or program;
(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.
Sec. 2. NRS 239C.300 is hereby amended to read as follows:
239C.300 1. [If] Except as otherwise provided in subsection 3, if the State, a political subdivision or a tribal government submits an application to and is approved to receive money from the Federal Government, this State, any other state, a local government, any agency or instrumentality of those governmental entities, or any private entity, to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism, the State, political subdivision or tribal government shall, not later than 60 days after receiving such approval, submit to the Commission a written report that includes, without limitation:
(a) The total amount of money that the State, political subdivision or tribal government has been approved to receive for the project or program;
(b) A description of the project or program, unless the State, political subdivision or tribal government previously submitted a written report pursuant to this section relating to the same project or program; and
(c) The items to be paid for with the money that the State, political subdivision or tribal government has been approved to receive for the project or program.
2. A project or program for which the State, a political subdivision or a tribal government is required to report the receipt of money pursuant to subsection 1 includes, without limitation, a project or program related to:
(a) Homeland security;
(b) Emergency management;
(c) Health or hospitals;
(d) Emergency medical services; and
(e) Chemical, biological, radiological, nuclear, explosive, agricultural or environmental acts of terrorism.
3. A report is not required to be submitted to the Commission if the money was awarded by the Division pursuant to the regulations adopted pursuant to NRS 414.040.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 603κ
Senate Bill No. 40Committee on Commerce and Labor
CHAPTER 115
[Approved: May 23, 2019]
AN ACT relating to occupational safety; revising the period of time in which an employer must notify the Division of Industrial Relations of the Department of Business and Industry of the employers intent to contest the issuance of a citation or proposed assessment of a penalty by the Division; revising provisions governing the amounts of administrative fines which the Division is authorized or required to assess against an employer for certain violations of occupational safety and health laws; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an employer has 15 working days within which to notify the Division of Industrial Relations of the Department of Business and Industry that the employer wishes to contest the issuance of a citation or proposed assessment of a penalty by the Division after an inspection of a workplace or an investigation of an imminent danger or suspected violation of certain safety or health standards. (NRS 618.475) Section 1 of this bill increases the notification period to 30 calendar days.
Existing law authorizes the Division to assess against an employer administrative fines in monetary amounts established in statute for violations of certain occupational safety and health laws. (NRS 618.625) Section 1.5 of this bill provides that the monetary amounts of those administrative fines may not be greater than the monetary amounts set forth for those violations in the federal Occupational Safety and Health Act, 29 U.S.C. § 666, including any adjustments to the monetary amounts in that Act which are made pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74.
Existing law: (1) authorizes the Division to assess against an employer an administrative fine of not more than $70,000, but not less than $5,000, for each willful or repeated violation of the requirements of chapter 618 of NRS or standard, rule, regulation or order promulgated or prescribed pursuant to that chapter; (2) requires the Division to assess an administrative fine of not more than $7,000 for each serious violation and authorizes the Division to assess an administrative fine of not more than $7,000 for each nonserious violation; (3) authorizes the Division to assess an administrative fine of not more than $7,000 for each day during which an employers failure to correct a cited violation continues; and (4) requires the Division to assess an administrative fine of not more than $7,000 for each violation consisting of the failure to post and maintain certain required notices and records. (NRS 618.635, 618.645, 618.655, 618.675) Sections 2-5 of this bill revise these provisions to provide that those administrative fines may not be greater than the monetary amounts authorized pursuant to section 1.5.
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 618.475 is hereby amended to read as follows:
618.475 1. If, after an inspection or investigation, the Division issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has [15 working] 30 calendar days within which to notify the Division that the employer wishes to contest the citation or proposed assessment of penalty.
κ2019 Statutes of Nevada, Page 604 (CHAPTER 115, SB 40)κ
employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has [15 working] 30 calendar days within which to notify the Division that the employer wishes to contest the citation or proposed assessment of penalty. If, within [15 working] 30 calendar days from the receipt of the notice issued by the Division, the employer fails to notify the Division that the employer intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond the reasonable control of the employer, the Division shall issue an order affirming or modifying the abatement requirements in the citation.
2. In the case of an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, if an employer notifies the Division that the employer wishes to contest a citation or proposed assessment of penalty, the Division shall provide the Board with information as to how to contact the immediate family of each deceased employee.
3. Any employee or the representative of the employee alleging that the time fixed in the citation for the abatement of a violation by his or her employer is unreasonable may, within [15 working] 30 calendar days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearing before the review board.
4. If no appeal is filed by an employee or the representative of the employee under subsection 3 within the time limit of [15 working] 30 calendar days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.
Sec. 1.5. NRS 618.625 is hereby amended to read as follows:
618.625 1. The Division may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations.
2. The administrative fines which may be imposed pursuant to NRS 618.635, 618.645, 618.655 and 618.675 may not be greater than the monetary amount of the corresponding civil penalty for the applicable violation pursuant to 29 U.S.C. § 666, including any adjustments made to the civil penalty pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74.
3. For purposes of this chapter, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in that place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
κ2019 Statutes of Nevada, Page 605 (CHAPTER 115, SB 40)κ
[3.] 4. Administrative fines owed under this chapter must be paid to the Division. The fines may be recovered in a civil action in the name of the Division brought in a court of competent jurisdiction in the county where the violation is alleged to have occurred or where the employer has his or her principal office.
Sec. 2. NRS 618.635 is hereby amended to read as follows:
618.635 Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine [of not more than $70,000 for each violation, but not less than $5,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each willful violation.
Sec. 3. NRS 618.645 is hereby amended to read as follows:
618.645 Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, must be assessed an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each such violation. If a violation is specifically determined to be of a nonserious nature an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 may be assessed.
Sec. 4. NRS 618.655 is hereby amended to read as follows:
618.655 Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction may be assessed an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each day during which the failure or violation continues. If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the Division.
Sec. 5. NRS 618.675 is hereby amended to read as follows:
618.675 1. An employer who fails to post the notice and records as required under the provisions of this chapter must be assessed an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each violation.
2. An employer who fails to maintain the notice or notices and records required by this chapter must be assessed an administrative fine [of not more than $7,000] in a monetary amount authorized pursuant to subsection 2 of NRS 618.625 for each violation.
Sec. 6. This act becomes effective:
1. Upon passage and approval for the purposes of performing any preparatory administrative tasks and adopting any regulations necessary to carry out the provisions of this act; and
2. On October 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 606κ
Senate Bill No. 54Committee on Natural Resources
CHAPTER 116
[Approved: May 23, 2019]
AN ACT relating to the Tahoe Regional Planning Agency; changing the deadline for the submission of certain reports; changing the period for which certain information must be submitted; requiring the submission of a certain report; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Tahoe Regional Planning Agency to submit to the Governor and the Director of the Legislative Counsel Bureau a copy of the Agencys most recent independent audit report as well as certain information about the Agencys expenditures during the immediately preceding calendar year and its progress in achieving certain performance measures and benchmarks. The report and information must be submitted on or before January 31 of each year. (NRS 277.220) This bill changes the deadline for submitting the report and information to February 28 of each year. This bill also changes the period for which information concerning the Agencys expenditures must be submitted from the immediately preceding calendar year to the immediately preceding fiscal year. Finally, this bill requires the Agency to include in its submission a copy of the annual report most recently published by the Agency.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277.220 is hereby amended to read as follows:
277.220 1. The Account for the Tahoe Regional Planning Agency is hereby established in the State General Fund and consists of any money provided by direct legislative appropriation. Money in this Account must be expended for the support of, or paid over directly to, the Tahoe Regional Planning Agency in whatever amount and manner is directed by each appropriation or provided by law.
2. On or before [January 31] February 28 of each year, the Tahoe Regional Planning Agency shall submit to the Governor and the Director of the Legislative Counsel Bureau:
(a) A copy of the report of the independent audit most recently prepared for the Tahoe Regional Planning Agency; [and]
(b) A written report detailing:
(1) The nature and purpose of the expenditures made by the Tahoe Regional Planning Agency during the immediately preceding [calendar] fiscal year from money appropriated to it by the Legislature; and
(2) The progress of the Tahoe Regional Planning Agency in achieving the performance measures and benchmarks included in its current biennial budget [.] ; and
(c) A copy of the annual report most recently published by the Tahoe Regional Planning Agency.
κ2019 Statutes of Nevada, Page 607 (CHAPTER 116, SB 54)κ
3. The Director of the Legislative Counsel Bureau shall cause copies of the materials submitted pursuant to subsection 2 to be transmitted to the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218E.555 and:
(a) In odd-numbered years, the Legislature.
(b) In even-numbered years, the Interim Finance Committee.
Sec. 2. Unless the Tahoe Regional Planning Agency has previously submitted to the Governor and the Director of the Legislative Counsel Bureau the reports required pursuant to subsection 2 of NRS 277.220 that include information for the period from January 1, 2019, to June 30, 2019, the Agency shall ensure that the reports submitted to the Governor and the Director of the Legislative Counsel Bureau on or before February 28, 2020, pursuant to subsection 2 of NRS 277.220, as amended by section 1 of this act, include, or are accompanied by, information for the period from January 1, 2019, to June 30, 2019.
Sec. 3. This act becomes effective on July 1, 2019.
________
Senate Bill No. 75Committee on Judiciary
CHAPTER 117
[Approved: May 23, 2019]
AN ACT relating to unclaimed property; providing that United States savings bonds escheat to this State 3 years after becoming unclaimed property under certain circumstances; providing that all property rights and legal title to, and ownership of, such escheated savings bonds vest in this State under certain circumstances; establishing the procedure by which the State Treasurer may pay the proceeds from the redemption of such a bond to a person claiming the bond; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, this State has enacted the Uniform Unclaimed Property Act. The Act establishes the powers, duties and liabilities of the State and other persons concerning certain property which is abandoned and unclaimed by its owner. (Chapter 120A of NRS) Under existing law, the State Treasurer serves as the Administrator of Unclaimed Property. (NRS 226.110)
This bill provides that 3 years after a United States savings bond becomes unclaimed property in this State, the savings bond escheats to the State, and all property rights and legal title to, and ownership of, the savings bond and its proceeds vest in the State. This bill establishes the procedure to obtain the judgment of a court that a United States savings bond has escheated to the State and that all property rights and legal title to, and ownership of, the savings bond and its proceeds have vested in the State. This bill requires the State Treasurer to redeem United States savings bonds that have escheated to the State, and to deposit the proceeds of such redemptions, after paying the costs incidental to collecting and recovering the proceeds, in the State General Fund for credit to the Abandoned Property Trust Account. This bill also authorizes the Administrator, in his or her discretion, to pay a claim filed by certain persons who have filed a claim to the proceeds of such escheated and redeemed United States savings bonds.
κ2019 Statutes of Nevada, Page 608 (CHAPTER 117, SB 75)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, a United States savings bond is presumed abandoned in this State if the United States savings bond:
(a) Is in the possession of the Administrator or if the last known address of the apparent owner of the United States savings bond is located in this State; and
(b) Is unclaimed pursuant to the provisions of subsection 3 of NRS 120A.500 for 3 years after the date of maturity.
2. A United States savings bond that is presumed abandoned in this State pursuant to subsection 1 escheats to this State and all property rights and legal title to, and ownership of, the United States savings bond and proceeds from the bond, including without limitation, all the rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, vest solely in this State according to the procedure set forth in this section.
3. Except as otherwise provided in this subsection, if within 180 days after a United States savings bond is presumed abandoned pursuant to subsection 1, no claim to the bond has been filed with the Administrator, the Administrator shall commence a civil action in the First Judicial District Court, or in any other court of competent jurisdiction, for a determination that the bond has escheated to this State. The Administrator may postpone the commencement of such an action until the Administrator determines that sufficient United States savings bonds have accumulated in his or her custody to justify the expense of such a proceeding.
4. In any civil action commenced by the Administrator pursuant to subsection 3, service of process must be made by publication in accordance with the provisions of N.R.C.P. 4 and NRS 238.010 to 238.080, inclusive.
5. If, in a civil action brought pursuant to subsection 3, no person files a claim to the United States savings bond or appears at a hearing to substantiate his or her claim, or if the court, after considering the claim, determines that the claimant is not entitled to the property claimed by the claimant, the court shall, if satisfied by evidence that the Administrator has substantially complied with the laws of this State, enter a judgment that:
(a) The United States savings bond has escheated to the State of Nevada; and
(b) All property rights and legal title to, and ownership of, the United States savings bond and proceeds from the bond, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, have vested solely in the State of Nevada.
6. The Administrator shall redeem each United States savings bond that has escheated to the State pursuant to this section. After the Administrator has paid from the proceeds from the redemption of a United States savings bond all costs incident to the collection and recovery of the proceeds, the Administrator shall deposit the remainder of the proceeds in the State General Fund for credit to the Abandoned Property Trust Account created by NRS 120A.620. Before making the deposit, the Administrator shall record the name and last known address of the apparent owner of the United States savings bond.
κ2019 Statutes of Nevada, Page 609 (CHAPTER 117, SB 75)κ
Administrator shall record the name and last known address of the apparent owner of the United States savings bond.
7. Notwithstanding any provision of NRS 120A.640 to the contrary:
(a) Any person, excluding another state, claiming a United States savings bond which has escheated to the State of Nevada pursuant to this section, or for the proceeds from such a bond, may file a claim with the Administrator.
(b) Upon providing sufficient proof of the validity of the persons claim, the Administrator may, in his or her sole discretion, pay the claim less any expenses and costs that have been incurred by the State in securing full title and ownership of the property by escheat.
(c) If payment of the proceeds from a United States savings bond have been made to any claimant, no action may thereafter be maintained by any other claimant against the State or any officer thereof, for or on account of those proceeds.
Sec. 2. NRS 120A.620 is hereby amended to read as follows:
120A.620 1. There is hereby created in the State General Fund the Abandoned Property Trust Account.
2. All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State General Fund for credit to the Account.
3. Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.
4. The Administrator may pay from money available in the Account:
(a) Any costs in connection with the sale of abandoned property.
(b) Any costs of mailing and publication in connection with any abandoned property.
(c) Reasonable service charges.
(d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.
(e) Any valid claims filed pursuant to this chapter.
5. Except as otherwise provided in NRS 120A.610, by the end of each fiscal year, the balance in the Account must be transferred as follows:
(a) The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926.
(b) The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to NRS 120A.590 and owners pursuant to NRS 120A.640 [.] and any claims approved for payment by the Administrator pursuant to section 1 of this act. No such claim may be satisfied from money in the Millennium Scholarship Trust Fund.
6. If there is an insufficient amount of money in the Account to pay any cost or charge pursuant to subsection 4 [,] or section 1 of this act, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Account of an amount necessary to pay those costs or charges.
κ2019 Statutes of Nevada, Page 610 (CHAPTER 117, SB 75)κ
an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Account.
Sec. 3. This act becomes effective on July 1, 2019.
________
Senate Bill No. 81Committee on Revenue and Economic Development
CHAPTER 118
[Approved: May 23, 2019]
AN ACT relating to tobacco products; revising provisions governing the licensing of persons engaged in the manufacturing, distribution and sale of tobacco products; requiring wholesale dealers of other tobacco products to keep on hand at all times a certain inventory of other tobacco products; establishing procedures to claim a refund for any amount, penalty or interest erroneously paid in connection with taxes on tobacco products; revising provisions governing the possession, transfer and sale of cigarettes and the reports filed by wholesale dealers of cigarettes; revising provisions governing revenue stamps; requiring manufacturers and retail dealers of cigarettes to maintain certain information on file with the Department of Taxation; revising requirements for wholesale dealers of cigarettes and distributors to report certain information to the Department; revising civil penalties imposed for certain violations of law governing tobacco products; revising provisions governing the imposition and payment of the tax on other tobacco products; revising requirements for wholesale dealers and retail dealers of other tobacco products to retain certain records; revising provisions governing changes to the directory of cigarette manufacturers and brand families maintained by the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Taxation to regulate and collect a tax on cigarettes and other tobacco products. Existing law also provides for the licensing of persons engaged in the manufacture, distribution and sale of cigarettes and other tobacco products, including cigarette manufacturers, wholesale dealers of cigarettes, retail dealers of cigarettes, wholesale dealers of other tobacco products and retail dealers of other tobacco products. Existing law regulates licenses related to cigarettes separately from licenses related to other tobacco products. (Chapter 370 of NRS) Sections 2-34 of this bill establish uniform provisions for the licensing of persons engaged in the manufacture, distribution and sale of cigarettes and other tobacco products and establish new licenses for logistics companies and warehouse or distribution centers. Sections 46, 47, 53, 54, 58, 61-65, 67, 69, 71, 75, 79 and 81 of this bill make conforming changes.
Sections 36-45 of this bill establish procedures for a person to claim a refund for any amount, penalty or interest that was erroneously or illegally collected or computed in connection with the taxes on tobacco products.
Existing law requires a wholesale dealer of cigarettes to keep on hand at all times cigarettes of a wholesale value of at least $10,000. (NRS 370.090) Section 35 of this bill requires a wholesale dealer of other tobacco products to keep on hand at all times other tobacco products of a wholesale value of at least $5,000.
κ2019 Statutes of Nevada, Page 611 (CHAPTER 118, SB 81)κ
Existing law provides for the collection of tax on cigarettes through the use of revenue stamps. (NRS 370.170) Existing law contemplates the sale of unstamped packages of cigarettes to a wholesale dealer of cigarettes in this State by the manufacturer or by another wholesale dealer. (NRS 370.055) Section 48 of this bill revises the activities that cause a person to be considered a wholesale dealer of cigarettes and provides that the activities of a wholesale dealer of cigarettes do not include the purchase of unstamped cigarettes from anyone other than the manufacturer.
Existing law requires a person who ships unstamped cigarette packages into this State to a person other than a wholesale dealer to file a notice of that shipment with the Department. (NRS 370.175) Section 51 of this bill removes this requirement. Section 51 also authorizes a person engaged in the manufacturing, testing, investigation or research of cigarettes or other tobacco products to possess unstamped cigarette packages.
Existing law requires a retail dealer of cigarettes to ensure that a package of cigarettes has a revenue stamp or metered stamping machine indicia affixed at the time of sale to a consumer. (NRS 370.270) Section 59 of this bill requires a retail dealer to ensure that the revenue stamp is affixed not later than 5 days after the dealer takes possession of the package of cigarettes.
Existing law authorizes the Department to issue a refund to a manufacturer or wholesale dealer of cigarettes on any revenue stamp tax paid, less any discount previously allowed, upon cigarettes which are destroyed because the cigarettes had become stale. (NRS 370.280) Section 60 of this bill authorizes the Department to issue a refund for revenue stamp tax paid on cigarettes which are damaged. Section 60 also requires a wholesale dealer who ceases operations in this State to return unused tribal revenue stamps to the Department not later than 10 days after the wholesale dealer ceases operations in this State.
Existing law prohibits a wholesale dealer of cigarettes from affixing a revenue stamp or metered stamping machine indicia to packages of cigarettes which: (1) violate or fail to meet certain federal requirements; (2) were not intended for export; or (3) have been altered through the unauthorized addition or removal of certain wording. (NRS 370.385) Section 68 of this bill prohibits a wholesale dealer or retail dealer from accepting or possessing such packages of cigarettes.
Existing law requires each wholesale dealer of cigarettes to maintain on file with the Department a permanent mailing address and an electronic mail address. (NRS 370.073) Section 49 of this bill requires a retail dealer of cigarettes and a manufacturer to maintain on file with the Department a permanent mailing address and electronic mail address.
Section 57 of this bill revises and consolidates into one section requirements for a wholesale dealer of cigarettes to make a monthly report to the Department regarding the inventory and activities of the wholesale dealer.
Section 72 of this bill revises the civil penalties which the Department is authorized to impose for the violation of certain provisions governing the manufacture, sale and distribution of cigarettes or other tobacco products.
Existing law imposes a tax upon the purchase or possession of other tobacco products by a customer in this State at a rate of 30 percent of the wholesale price of those products. (NRS 370.450) Under existing law, the tax is required to be collected and paid by the wholesale dealer of other tobacco products after the sale or distribution of such products by the wholesale dealer, and the wholesale dealer is required to submit a report to the Department of the other tobacco products that were sold by the wholesale dealer during the previous month. (NRS 370.450, 370.465) Section 73 of this bill revises the definition of a wholesale dealer of other tobacco products and the definition of wholesale price used to calculate the tax owed. Section 73.3 of this bill revises provisions governing the collection and payment of the tax to require the tax to be imposed: (1) at the time the other tobacco products are first possessed or received by a wholesale dealer who maintains a place of business in this State for sale or disposition in this State; (2) at the time the other tobacco products are sold by a wholesale dealer who does not maintain a place of business in this State to a retail dealer or ultimate consumer in this State; or (3) for other tobacco products manufactured, produced, fabricated, assembled, processed, labeled or finished in this State, at the time the other tobacco products are sold in this State to a wholesale dealer of other tobacco products, a retail dealer or an ultimate consumer.
κ2019 Statutes of Nevada, Page 612 (CHAPTER 118, SB 81)κ
this State to a retail dealer or ultimate consumer in this State; or (3) for other tobacco products manufactured, produced, fabricated, assembled, processed, labeled or finished in this State, at the time the other tobacco products are sold in this State to a wholesale dealer of other tobacco products, a retail dealer or an ultimate consumer. Under sections 73.3 and 73.7 of this bill, the tax is required to be paid to the Department not later than 20 days after the end of the month in which the tax is imposed. Sections 82.5 and 84 of this bill provide that the revisions to the provisions governing the imposition and payment of the tax on other tobacco products become effective on January 1, 2020, and apply to any other tobacco products purchased, received or sold by a wholesale dealer before January 1, 2020, if the tax on those products has not been paid before January 1, 2020. Under section 82.5, a wholesale dealer is required to remit the tax on those products to the Department at the time the wholesale dealer remits to the Department the taxes due for the January 2020 period.
Existing law requires a wholesale dealer of other tobacco products to obtain itemized invoices for any other tobacco products purchased from a manufacturer or wholesale dealer who is not licensed in this State. (NRS 370.470) Section 74 of this bill requires a wholesale dealer of other tobacco products to obtain an itemized invoice from every manufacturer or wholesale dealer from whom the wholesale dealer purchases other tobacco products. Section 74 also requires a retail dealer of other tobacco products to obtain an itemized invoice from each wholesale dealer from whom the retail dealer purchases other tobacco products.
Existing law requires the Department to maintain a directory of all manufacturers of tobacco products who have complied with certain certification requirements and all brand families listed in those certifications. (NRS 370.675) Existing law prohibits the sale of cigarettes not listed in the directory. (NRS 370.695) Under existing law, the Department is required to notify each wholesale dealer of cigarettes when a manufacturer or brand family is added to or removed from the directory. A wholesale dealer is then required to notify each retail dealer who is a customer of the wholesale dealer of any such change. (NRS 370.677) Section 76 of this bill requires the Department to notify wholesale dealers and retail dealers of cigarettes of any change to the directory including the addition or removal of a style of cigarettes. Section 76 also removes the authority of the Department to notify wholesale dealers and retail dealers by mailing notice to a physical address and, instead, requires the Department to notify wholesale dealers and retail dealers by electronic mail. Finally, section 76 requires a wholesale dealer of cigarettes to identify and set aside for sale outside of this State any products from a manufacturer, style or brand family that has been removed from the directory within 20 days after receiving the notice of the removal of the manufacturer or brand family.
Existing law requires each distributor of cigarettes to submit certain information to the Department 20 calendar days after the end of each calendar quarter. (NRS 370.685) Section 78 of this bill requires this information to be reported on or before the 25th day of each calendar month.
Sections 52-54, 56, 59, 60, 61, 66, 68 and 70 of this bill remove references to metered machine impressions as evidence of payment of the tax on cigarettes.
Section 80 of this bill provides that the Department will not accept bonds, savings certificates, certificates of deposit or investment certificates in lieu of the surety bond required to be filed by wholesale dealers of cigarettes and wholesale dealers of other tobacco products.
κ2019 Statutes of Nevada, Page 613 (CHAPTER 118, SB 81)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 45, inclusive, of this act.
Sec. 1.3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.
Sec. 1.5. Knowingly means actual knowledge that the facts exist which constitute an act or omission, or such knowledge as an ordinarily prudent person would possess using reasonable care and diligence.
Sec. 1.7. Negligently means a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent person usually exercises in his or her own business.
Sec. 2. As used in sections 2 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 18, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Cigarette has the meaning ascribed to it in NRS 370.010.
Sec. 4. Cigarette rolling machine has the meaning ascribed to it in NRS 370.014.
Sec. 5. Cigarette vending machine operator has the meaning ascribed to it in NRS 370.015.
Sec. 5.5. Commission means the Nevada Tax Commission.
Sec. 6. Consumer means any person who comes into possession of cigarettes or other tobacco products in this State as a final user for any purpose other than offering them for sale as a wholesale or retail dealer.
Sec. 7. License means a license issued pursuant to sections 2 to 34, inclusive, of this act that authorizes the holder of the license to operate a warehouse or distribution center or to conduct business as a manufacturer, a wholesale dealer of cigarettes, a wholesale dealer of other tobacco products, a tobacco retail dealer or a logistics company.
Sec. 8. Licensee means the holder of a license.
Sec. 9. 1. Logistics company means a person who is:
(a) Not licensed as a manufacturer, a wholesale dealer of cigarettes, a wholesale dealer of other tobacco products or a tobacco retail dealer; and
(b) Authorized by a manufacturer, a wholesale dealer of cigarettes or a wholesale dealer of other tobacco products to temporarily store, fulfill orders for and coordinate the transport or delivery of cigarettes or other tobacco products from a facility in this State on behalf of and at the direction of the manufacturer, wholesale dealer of cigarettes or wholesale dealer of other tobacco products.
2. The term does not include a common carrier who undertakes for hire, as a regular business, the transportation of cigarettes or other tobacco products from place to place, and who offers its services to all who choose to employ it and to pay its charges therefor.
Sec. 10. Manufacturer has the meaning ascribed to it in NRS 370.0315.
Sec. 11. Other tobacco product has the meaning ascribed to it in NRS 370.0318.
κ2019 Statutes of Nevada, Page 614 (CHAPTER 118, SB 81)κ
Sec. 12. Place of business has the meaning ascribed to it in NRS 370.032.
Sec. 13. Sale and to sell have the meaning ascribed to them in NRS 370.035.
Sec. 14. Stamp has the meaning ascribed to it in NRS 370.048.
Sec. 15. Tobacco retail dealer has the meaning ascribed to:
1. Retail dealer in NRS 370.033; and
2. Retail dealer in NRS 370.440.
Sec. 16. Warehouse or distribution center means a building in this State which is owned, leased or rented and operated by a manufacturer, wholesale dealer of cigarettes, wholesale dealer of other tobacco products or tobacco retail dealer for the temporary storage of cigarettes or other tobacco products.
Sec. 17. Wholesale dealer of cigarettes has the meaning ascribed to wholesale dealer in NRS 370.055.
Sec. 18. Wholesale dealer of other tobacco products has the meaning ascribed to wholesale dealer in NRS 370.440.
Sec. 19. 1. A person shall not engage in business as a wholesale dealer of cigarettes, a wholesale dealer of other tobacco products or a tobacco retail dealer in this State unless that person first secures a license to engage in that activity from the Department.
2. A person shall not engage in business as a cigarette vending machine operator in this State unless that person first secures a license to engage in that activity from the Department.
3. A person shall not engage in business as a logistics company unless that person first secures a license to engage in that activity from the Department.
4. A person shall not operate a warehouse or distribution center unless that person first secures a license to engage in that activity from the Department.
5. A manufacturer shall not:
(a) Sell any cigarettes to a wholesale dealer of cigarettes in this State;
(b) Temporarily store, fulfill orders for or coordinate the transport or delivery of cigarettes by using a logistics company; or
(c) Operate or permit any person other than the manufacturer to operate a cigarette rolling machine for the purpose of producing, filling, rolling, dispensing or otherwise manufacturing cigarettes,
Κ unless that manufacturer first secures a license to engage in that activity from the Department.
6. A separate license is required to engage in each of the activities described in this section.
7. A person may be licensed as a wholesale dealer of cigarettes, a wholesale dealer of other tobacco products, a tobacco retail dealer and as an operator of a warehouse or distribution center.
Sec. 20. The Department shall create and maintain on its Internet website and otherwise make available for public inspection a list of all:
1. Currently valid licenses and the identity of the licensees holding those licenses; and
κ2019 Statutes of Nevada, Page 615 (CHAPTER 118, SB 81)κ
2. Indian tribes on whose reservations or colonies cigarettes or other tobacco products are sold and, pursuant to NRS 370.515, from which the Department does not collect the tax imposed by this chapter on such cigarettes or other tobacco products sold on the reservations or colonies.
Κ The Department shall update the list at least once each month.
Sec. 21. 1. No license may be issued, maintained or renewed if:
(a) The applicant for the license or any combination of persons directly or indirectly owning, in the aggregate, more than 10 percent of the ownership interests in the applicant:
(1) Is delinquent in the payment of any tax, penalty or fee administered by the Department;
(2) Is delinquent in any return that is required to be filed with the Department;
(3) Had a license revoked or had an equivalent license revoked in another jurisdiction within the past 2 years;
(4) Has been convicted of a crime relating to the manufacture, distribution or sale of cigarettes or other tobacco products or a crime relating to the avoidance or evasion of taxes;
(5) Is a manufacturer who has:
(I) Imported any cigarettes into the United States in violation of 19 U.S.C. § 1681a; or
(II) Imported or manufactured any cigarettes that do not fully comply with the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq.; or
(6) Is a nonparticipating manufacturer who is not in full compliance with subsection 2 of NRS 370A.140.
(b) Except as otherwise provided in this paragraph, the issuance of the license would result in the applicant conducting operations in the same physical location as another licensee. This paragraph does not apply to a licensee if:
(1) The licensee is licensed or is applying to be licensed as:
(I) A wholesale dealer of cigarettes or a wholesale dealer of other tobacco products; and
(II) A tobacco retail dealer;
(2) The licensee would conduct operations under both licenses at the same location; and
(3) Each licensee has the same ownership.
(c) The issuance would result in the applicant conducting operations from a residential address, storage facility, mailbox or post office box.
2. As used in this section:
(a) Nonparticipating manufacturer means any manufacturer of tobacco products that is not a participating manufacturer.
(b) Participating manufacturer has the meaning ascribed to it in NRS 370A.080.
Sec. 22. An application for a license must:
1. Be made to the Department on forms prescribed by the Department.
2. Include the name and address of the applicant. If the applicant is a firm, association or partnership, the application must include the name and address of each of its members. If the applicant is a corporation, the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.
κ2019 Statutes of Nevada, Page 616 (CHAPTER 118, SB 81)κ
3. Specify the location, by street and number, of the principal place of business of the applicant. In addition to specifying the principal place of business of the applicant pursuant to this subsection, an application for a license as a cigarette vending machine operator must list all cigarette vending machine locations for which the license is sought.
4. Specify the location, by street and number, of any place used by the applicant to distribute, ship, affix stamps to, warehouse or store cigarettes or other tobacco products and for which the license is sought.
5. Specify any other information the Department may require to carry out the provisions of this chapter.
6. Except as otherwise provided in NRS 370.001 to 370.430, inclusive, and sections 2 to 34, inclusive, of this act, if the application is for a license as a wholesale dealer of cigarettes, be accompanied by the license fee required by section 28 of this act.
7. Be accompanied by a certified copy of the certificate required by NRS 602.010 or any renewal certificate required by NRS 602.035.
Sec. 23. 1. Except as otherwise provided in subsection 2, a licensee shall not operate from any location other than the location listed on the face of the license of the licensee. A person who is licensed as a cigarette vending machine operator shall provide the Department with an updated list of all cigarette vending machines maintained by that person whenever there is a change or addition to the list.
2. Upon application by a licensee other than a manufacturer, the Department may issue a temporary license authorizing the licensee to operate at a convention or trade show. A licensee who has been issued a temporary license may operate pursuant to that license only on the specific dates of the convention or trade show for which the temporary license was issued.
Sec. 24. The Department may issue a license without payment of fees to any applicant who is authorized to do business on an Indian reservation or Indian colony or upon a military or other federal reservation.
Sec. 25. Each license must set forth:
1. The name of the person to whom it is issued. If the license is issued under a fictitious name, the license must also set forth the name of each of the persons conducting the business under the fictitious name.
2. The location, by street and number, of the premises for which the license is issued.
Sec. 26. Each holder of a license shall:
1. Sign the license or cause an authorized representative to sign it.
2. Post the license in a conspicuous place in the premises for which it was issued.
Κ Licenses issued under the provisions of this chapter are nontransferable, except that upon prior written notice to the Department the location of the premises for which it was issued may be changed.
Sec. 27. A current license as a:
1. Manufacturer authorizes the holder thereof to:
(a) Sell cigarettes from the premises for which the license was issued to a licensed wholesale dealer of cigarettes in this State;
(b) Ship cigarettes to a licensed logistics company; and
(c) Temporarily store, fulfill orders for or coordinate the transport or delivery of cigarettes by using a licensed warehouse or distribution center.
2. Wholesale dealer of cigarettes authorizes the holder thereof to:
κ2019 Statutes of Nevada, Page 617 (CHAPTER 118, SB 81)κ
(a) Purchase unstamped cigarettes from any manufacturer who holds a current license;
(b) Purchase stamped cigarettes from a licensed wholesale dealer of cigarettes;
(c) Sell stamped cigarettes from the premises for which the license was issued to any Indian tribe or colony listed by the Department pursuant to section 20 of this act, to any licensed wholesale dealer of cigarettes or to any licensed tobacco retail dealer; and
(d) Temporarily store and fulfill orders for stamped cigarettes at a licensed warehouse or distribution center or through a licensed logistics company.
3. Wholesale dealer of other tobacco products authorizes the holder thereof to:
(a) Purchase other tobacco products from any manufacturer of other tobacco products or wholesale dealer of other tobacco products;
(b) Sell other tobacco products from the premises for which the license was issued to any Indian tribe or colony listed by the Department pursuant to section 20 of this act, to any wholesale dealer of other tobacco products who holds a current license or to any tobacco retail dealer who holds a current license; and
(c) Temporarily store and fulfill orders for other tobacco products at a licensed warehouse or distribution center or through a licensed logistics company.
4. Tobacco retail dealer authorizes the holder thereof to:
(a) Purchase stamped cigarettes from any wholesale dealer of cigarettes who holds a current license;
(b) Sell cigarettes from the premises for which the license was issued to any consumer in this State;
(c) Purchase other tobacco products from a wholesale dealer of other tobacco products who holds a current license;
(d) Sell other tobacco products to any consumer in this State; and
(e) Temporarily store and fulfill orders for cigarettes or other tobacco products at a licensed warehouse or distribution center.
5. Cigarette vending machine operator authorizes the holder thereof to sell Nevada stamped cigarettes by means of coin-operated machines within the borders of this State.
Sec. 28. 1. Each license issued by the Department is valid only for the calendar year for which it is issued, and must be renewed annually.
2. The Department shall not charge any license fees to operate a warehouse or distribution center or for a license as a manufacturer, wholesale dealer of other tobacco products, tobacco retail dealer or logistics company.
3. An annual license fee of $150 must be charged for each license as a wholesale dealer of cigarettes. If such a license is issued at any time during the year other than on January 1, except for the renewal of a delinquent license pursuant to subsection 5, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, but not less than 25 percent of the annual license fee.
4. The fees for a license as a wholesale dealer of cigarettes are due and payable on January 1 of each year. If the annual license fee is not paid by January 15, the license is cancelled automatically.
κ2019 Statutes of Nevada, Page 618 (CHAPTER 118, SB 81)κ
5. A license as a wholesale dealer of cigarettes which is cancelled for nonpayment of the annual license fee may be renewed at any time by the payment of the fee plus a 5 percent penalty thereon.
Sec. 29. 1. Except as otherwise provided in this section, each licensed wholesale dealer of cigarettes and licensed wholesale dealer of other tobacco products shall furnish a bond executed by the wholesale dealer as principal, and by a corporation qualified under the laws of this State as surety, payable to the State of Nevada and conditioned upon the payment of all excise taxes required to be precollected by the wholesale dealer under the provisions of this chapter. Each bond must be in a principal sum equal to:
(a) For a wholesale dealer of cigarettes, the largest amount of tax precollected by the wholesale dealer in any quarter of the preceding year; or
(b) For a wholesale dealer of other tobacco products, the largest amount of tax paid by the wholesale dealer in any quarter of the preceding year.
Κ If the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the Department. No bond may be for less than $1,000. When cash is used, the amount must be rounded up to the next larger integral multiple of $100.
2. Except as otherwise provided in this section, each licensed wholesale dealer of cigarettes who wishes to defer payment on the purchase of revenue stamps shall furnish a bond executed by the wholesale dealer of cigarettes as principal, and by a corporation qualified under the laws of this State as surety, payable to the State of Nevada and conditioned upon the payment of all deferred payments for revenue stamps. Each bond must be in a principal sum equal to the maximum amount of revenue stamps which the wholesale dealer of cigarettes may have unpaid at any time. No bond may be for less than $1,000. When cash is used, the amount must be rounded up to the next larger integral multiple of $100.
3. Upon application and a satisfactory showing, the Department may increase or decrease the amount of a bond required by subsection 1 or 2, based on the record of taxes remitted by the wholesale dealer of cigarettes or wholesale dealer of other tobacco products.
4. The Department may waive the requirement of the bond required by subsection 1 or 2, whenever a licensed wholesale dealer of cigarettes or wholesale dealer of other tobacco products has maintained a satisfactory record of payment of excise taxes or deferred payments, respectively, for a period of 5 consecutive years.
5. A wholesale dealer of cigarettes and a wholesale dealer of other tobacco products are not entitled to a refund of any portion of money paid as a bond pursuant to this section if the wholesale dealer of cigarettes or wholesale dealer of other tobacco products has failed to file a report required by this chapter or owes the Department any fee, payment or penalty.
Sec. 30. 1. Except as otherwise provided in subsection 2, a licensee shall retain for not less than 5 years all receipts, invoices, records, inventory records and financial statements necessary to substantiate information submitted by the licensee to the Department in any report or return required pursuant to this chapter.
κ2019 Statutes of Nevada, Page 619 (CHAPTER 118, SB 81)κ
2. If a licensee fails to submit a return or report which is required by this chapter, the licensee shall retain for not less than 8 years all receipts, invoices, records, inventory records and financial statements necessary to substantiate any information which the licensee was required to include in the report or return which the licensee failed to submit.
3. Upon request, a licensee shall provide access to and permit the Department to inspect, examine, photocopy and audit all receipts, invoices, records, inventory records and financial statements retained by the licensee pursuant to subsections 1 and 2 and all records and financial statements relating to the gross income of the licensee.
4. Upon request, a licensee shall provide verification of his or her gross income and any other matters affecting the enforcement of the provisions of this chapter.
5. The Department may demand access to and inspect, examine, photocopy and audit all receipts, invoices, records, inventory records and financial statements of any affiliate of a licensee who the Department knows or reasonably believes is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying or audit may take place on the premises of the affiliate or another location, as practicable.
6. The Executive Director or any person authorized in writing by the Executive Director may issue a subpoena to compel the attendance of witnesses at a hearing held by the Department or to compel the production of records.
Sec. 31. This chapter does not prohibit any county, city or town in the State of Nevada from requiring licenses before a person engages in business as a wholesale dealer of cigarettes, a wholesale dealer of other tobacco products or a tobacco retail dealer.
Sec. 32. 1. After notice to the licensee and a hearing as prescribed by the Department, the Department may suspend or revoke the license of a licensee who:
(a) Fails to file a report or certification required by this chapter or files an incomplete or inaccurate report or certification required by this chapter;
(b) Fails to pay any tax owed upon cigarettes or other tobacco products required by this chapter;
(c) Is licensed as a wholesale dealer of cigarettes and fails to cure any shortfall for which the wholesale dealer of cigarettes is liable pursuant to NRS 370.683;
(d) Sells in this State, purchases or possesses any cigarettes, cigarette packages or other tobacco products in violation of any provision of this chapter;
(e) Imports into or exports from this State any cigarettes, cigarette packages or other tobacco products in violation of any provision of this chapter; or
(f) Otherwise violates, or causes or permits to be violated, the provisions of this chapter or any regulation adopted thereunder.
2. Except as otherwise provided by subsection 4, the Department, upon a finding that the licensee has knowingly or negligently failed to comply with any provision of this chapter or any regulation adopted by the Commission, may:
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(a) Impose on the licensee a civil penalty pursuant to NRS 370.425;
(b) In the case of a first violation of a provision of this chapter or any regulation adopted by the Commission, suspend the license of the licensee for not more than 60 consecutive calendar days;
(c) In the case of a second or subsequent violation of the same provision of this chapter or any regulation adopted by the Commission, suspend the license of the licensee for not more than 180 consecutive calendar days or permanently revoke the license of the licensee; or
(d) Take any combination of the actions authorized by paragraphs (a), (b) and (c).
3. A person whose license has been suspended or revoked shall not purchase or sell cigarettes or other tobacco products or permit cigarettes or other tobacco products to be sold during the period of suspension or revocation:
(a) On the premises in this State occupied or controlled by the person; or
(b) From any premises located outside this State if the cigarettes or other tobacco products are purchased or sold for distribution in this State.
4. The expiration, transfer, surrender, continuance, renewal or extension of a license issued pursuant to this chapter does not bar or abate any disciplinary proceedings or action.
5. The Department shall permanently revoke the license of any licensee who knowingly or negligently:
(a) Sells or otherwise disposes of cigarettes or other tobacco products that are in the constructive possession of the Department; or
(b) Is convicted of any felony relating to the manufacture, distribution or sale of cigarettes or other tobacco products.
6. In determining the penalty to be imposed on a licensee for a violation of paragraph (a) of subsection 1, the Department shall consider:
(a) The documented reporting and discipline record of the licensee with the Department from the immediately preceding 24 months;
(b) The timeliness of the licensee in correcting any inaccurate information included in a report or certification required by this chapter;
(c) The efforts of the licensee to provide an explanation of the reason for any inaccurate information included in a report or certification required by this chapter or the basis for the omission of information from such a report or certification;
(d) If a report or certification is inaccurate because of a variance between the inventory of cigarettes provided in the report or certification and the actual inventory of cigarettes, the quantity of the variance, the materiality of the variance and the extent to which the licensee accounts for the variance by brand or by whether tax has been paid on the cigarettes;
(e) Any remedial measures initiated by the licensee to prevent future violations of a similar nature; and
(f) Any other mitigating factors offered by the licensee or aggravating or mitigating factors identified by the Department.
7. For the purposes of this section, a report or certification required by this chapter is:
(a) Inaccurate if the report or certification does not correctly record factual information or there is a discrepancy in the information included in the report and the factual information.
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(b) Incomplete if the report or certification does not include all necessary or responsive information.
Sec. 33. The Department shall adopt regulations establishing a procedure for the suspension and revocation of any license issued pursuant to sections 2 to 34, inclusive, of this act. In adopting the regulations required by this section, the Department shall consider the effect of any suspension or revocation of a license on the inventory of cigarettes or other tobacco products that are in the stream of distribution at the time of suspension or revocation.
Sec. 34. The provisions of sections 2 to 34, inclusive, of this act do not apply to:
1. Common carriers while engaged in interstate commerce which sell or furnish cigarettes or other tobacco products on their trains, buses or airplanes;
2. A person entering this State with a quantity of cigarettes or other tobacco products for household or personal use which is exempt from federal import duty; and
3. A duty-free sales enterprise as defined in 19 U.S.C. § 1555(b)(8)(D) that:
(a) Operates pursuant to the provisions of 19 U.S.C. § 1555(b); and
(b) To the extent it sells cigarettes or other tobacco products, only sells cigarettes or other tobacco products that are duty-free merchandise as defined in 19 U.S.C. § 1555(b)(8)(E).
Sec. 35. Each person licensed as a wholesale dealer of other tobacco products shall keep on hand at all times other tobacco products of a wholesale value of at least $5,000.
Sec. 36. If the Department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person, or his or her successors, administrators or executors.
Sec. 37. 1. Except as otherwise provided in NRS 360.235 and 360.395:
(a) No refund may be allowed unless a claim for it is filed with the Department within 3 years after the close of the period for which the tax was due.
(b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period, or unless the credit relates to a period for which a waiver is given pursuant to NRS 360.355.
2. Every claim for a credit or refund must be in writing and must state the specific grounds upon which the claim is founded.
3. Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.
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4. Within 30 days after disallowing any claim in whole or in part, the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 38. 1. Except as otherwise provided in this section, NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the taxes imposed by this chapter at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.
2. If the Department determines that any overpayment has been made intentionally or by reason of carelessness, it may not allow any interest on the overpayment.
Sec. 39. 1. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer of the State to prevent or enjoin the collection under this chapter of any tax or any amount of tax required to be collected.
2. No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.
Sec. 40. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Nevada Tax Commission, the claimant may bring an action against the Department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City, the county of this State where the claimant resides or maintains his or her principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
2. Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.
Sec. 41. 1. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with a hearing officer within 45 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the hearing officer on appeal, the claimant may, pursuant to the provisions of NRS 360.245, appeal the decision to the Nevada Tax Commission. If the claimant is aggrieved by the decision of the Commission on appeal, the claimant may file a petition for judicial review pursuant to NRS 233B.130.
2. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited on any amount of tax due from the plaintiff pursuant to this chapter.
3. The balance of the judgment must be refunded to the plaintiff.
Sec. 42. In any judgment, interest must be allowed at the rate of 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the Department.
Sec. 43. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
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Sec. 44. 1. The Department may recover any refund or part of it which is erroneously made and any credit or part of it which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.
2. The action must be tried in Carson City or Clark County unless the court with the consent of the Attorney General orders a change of place of trial.
3. The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 45. 1. If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the Department, the Department shall certify this fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.
2. If an amount not exceeding $25 has been illegally determined, either by the person filing a return or by the Department, the Department, without certifying this fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Department.
Sec. 46. NRS 370.0305 is hereby amended to read as follows:
370.0305 License means a license issued pursuant to [NRS 370.001 to 370.430, inclusive,] sections 2 to 34, inclusive, of this act that authorizes the holder to conduct business as a manufacturer , [or] a wholesale dealer or a tobacco retail dealer.
Sec. 47. NRS 370.035 is hereby amended to read as follows:
370.035 Sale or to sell includes any of the following [:] , except when performed by a licensed logistics company or by the operator of a licensed warehouse or distribution center:
1. To exchange, barter, possess or traffic in;
2. To solicit or receive an order for;
3. To keep or expose for sale;
4. To deliver for value;
5. To peddle;
6. To possess with intent to sell;
7. To transfer to anyone for sale or resale;
8. To possess or transport in contravention of the provisions of NRS 370.001 to 370.430, inclusive [;] , and sections 2 to 34, inclusive, of this act;
9. To traffic in for any consideration, promised or obtained directly or indirectly; or
10. To procure or allow to be procured for any reason.
Sec. 48. NRS 370.055 is hereby amended to read as follows:
370.055 Wholesale dealer means:
1. Any person [, whether] located within [or outside of] the borders of this State [,] who:
(a) Brings [, sends,] or causes to be brought [or sent] into this State any unstamped cigarettes purchased from the manufacturer [or another wholesale dealer; and] ; or
(b) [Stores, sells or otherwise disposes of those cigarettes within the State.] Brings or causes to be brought into this State any stamped cigarettes purchased from a licensed wholesale dealer for the purpose of resale to anyone other than a consumer.
κ2019 Statutes of Nevada, Page 624 (CHAPTER 118, SB 81)κ
2. Any person who manufactures or produces cigarettes within this State and who sells or distributes them within the State.
3. Any person [, whether] located [within or] outside of the borders of this State, who [acquires] sells stamped cigarettes [solely for the purpose of bona fide resale] to licensed retail dealers or other wholesale dealers in this State . [or to other persons in this State for the purpose of resale only.]
Sec. 49. NRS 370.073 is hereby amended to read as follows:
370.073 Each manufacturer, wholesale dealer and retail dealer shall:
1. For the purpose of receiving any notification from the Department pursuant to this chapter, maintain with the Department:
(a) A permanent mailing address; and
(b) An electronic mail address.
2. Provide written notice to the Department of any change in the information specified in subsection 1 not later than 10 days after the change.
Sec. 50. NRS 370.090 is hereby amended to read as follows:
370.090 [1.] Each [applicant for a wholesale dealers license must, and each] person licensed as a wholesale dealer of cigarettes shall keep on hand at all times cigarettes of a wholesale value of at least $10,000.
[2. The provisions of this section do not apply to any person who was a wholesale dealer on June 30, 1973.]
Sec. 51. NRS 370.175 is hereby amended to read as follows:
370.175 1. Except as otherwise provided in subsection 2 or a regulation of the Department [:
(a) No] , no person, other than a wholesale dealer that receives unstamped cigarette packages directly from a person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to 26 U.S.C. § 5713, may possess an unstamped cigarette package.
[(b) Any person who ships unstamped cigarette packages into this State other than to a wholesale dealer who holds a current license shall first file with the Department a notice of that shipment.]
2. Subsection 1 does not apply to [any] :
(a) Any common or contract carrier who is transporting cigarettes in compliance with the provisions of NRS 370.295 [.] ; or
(b) A person engaged in the manufacturing, testing, investigation or research of cigarettes or other tobacco products, if the person is operating legally and has all licenses and permits required by federal and state law.
Sec. 52. NRS 370.190 is hereby amended to read as follows:
370.190 1. The Department may sell Nevada cigarette revenue stamps to a licensed dealer. As payment for the stamps, the Department shall deduct from the excise tax collected from the dealer the actual cost incurred by the Department for the stamps and for making the sale.
2. Payment for the revenue stamps [or metered machine impressions] must be made at the time of purchase unless the wholesale dealer has been authorized to defer payments by the Department. A wholesale dealer may apply to the Department for authorization to defer payments for revenue stamps [or metered machine impressions] at any time.
3. The Department may provide by regulation for:
(a) Payment of the tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked Tax Paid.
(b) Any requirements for the purchase of stamps.
κ2019 Statutes of Nevada, Page 625 (CHAPTER 118, SB 81)κ
Sec. 53. NRS 370.193 is hereby amended to read as follows:
370.193 A wholesale dealer may apply to the Department to fix the maximum amount of revenue stamps [or metered machine impressions] which the wholesale dealer may have unpaid at any time. Upon receipt of the application and the bond or bonds required pursuant to [NRS 370.155,] section 29 of this act, the Department shall fix an amount for the wholesale dealer.
Sec. 54. NRS 370.195 is hereby amended to read as follows:
370.195 1. The amount owing for revenue stamps [and metered machine impressions] for which payment was deferred in any calendar month is due on or before the 25th day of the following calendar month. Payment must be made by a remittance payable to the Department.
2. Upon request of the wholesale dealer for good cause shown, the Department may grant an extension of the due date of any deferred payment for a period not exceeding 5 days.
3. The Department may suspend without prior notice the privilege to defer payment for the purchase of revenue stamps [and metered machine impressions] or may reduce the maximum amount of revenue stamps [or metered machine impressions] which the wholesale dealer may have unpaid at any time if:
(a) The wholesale dealer fails to pay for stamps [or impressions] at the times required by subsection 1;
(b) The bond or bonds required pursuant to [NRS 370.155] section 29 of this act are cancelled or become void, impaired or unenforceable for any reason; or
(c) The Department determines that any deferred payments are in jeopardy of not being paid.
Sec. 55. NRS 370.210 is hereby amended to read as follows:
370.210 1. A wholesale dealer [whose stamping facilities are] located within the borders of this State shall affix stamps to all applicable cigarette packages [received at those stamping facilities] within 20 days after receipt. A wholesale dealer may set aside, without affixing stamps, only that part of the stock of the wholesale dealer that is identified for sale or distribution outside of the borders of this State. A wholesale dealer must identify any stock to be set aside pursuant to this subsection within 20 days after the receipt of that stock.
2. A wholesale dealer may affix stamps only to cigarette packages that the wholesale dealer has received directly from a person who holds a current permit to engage in business as a manufacturer or importer of cigarettes issued pursuant to 26 U.S.C. § 5713.
3. If a wholesale dealer maintains stocks of unstamped cigarette packages as authorized pursuant to subsection 1, those unstamped cigarette packages must be stored separately from stamped cigarette packages and must not be transferred by the wholesale dealer to another facility of the wholesale dealer within the borders of this State or to any other person within the borders of this State.
4. A person shall not affix stamps to any cigarette packages except upon the premises described in the license of a wholesale dealer or upon other premises where authorized by regulation.
Sec. 56. NRS 370.220 is hereby amended to read as follows:
370.220 In the sale of any cigarette revenue stamps [or any metered machine settings] to a licensed cigarette dealer, the Department and its agents shall allow the purchaser a discount of 0.25 percent against the amount of excise tax otherwise due for the services rendered in affixing cigarette revenue stamps [or metered machine impressions] to the cigarette packages.
κ2019 Statutes of Nevada, Page 626 (CHAPTER 118, SB 81)κ
agents shall allow the purchaser a discount of 0.25 percent against the amount of excise tax otherwise due for the services rendered in affixing cigarette revenue stamps [or metered machine impressions] to the cigarette packages.
Sec. 57. NRS 370.240 is hereby amended to read as follows:
370.240 1. [Each] On or before the 25th day of each month, each wholesale dealer who is authorized to purchase [or] and affix cigarette [revenue] stamps shall report to the Department [:] , with respect to the immediately preceding calendar month:
(a) The physical inventory of cigarettes in packages with a Nevada stamp affixed to it in the possession or control of the wholesale dealer for sale or distribution within the borders of this State on hand at the start of business on the first day of the month;
(b) If the wholesale dealer has a physical location in this State, the physical inventory of cigarettes in packages with the stamp of another state affixed to it in the possession or control of the wholesale dealer for sale or distribution outside of the borders of this State on hand at the start of business on the first day of the month;
(c) If the wholesale dealer has a physical location in this State, the physical inventory of cigarettes in unstamped packages in the possession or control of the wholesale dealer for sale or distribution outside or within the borders of this State on hand at the start of business on the first day of the month;
(d) The quantity of cigarettes in packages with a Nevada stamp affixed to it in the possession or control of the wholesale dealer for sale or distribution within the borders of this State that were received by the wholesale dealer from another licensed wholesale dealer during the month, and the name and address of each licensed wholesale dealer from whom those products were received;
(e) If the wholesale dealer has a physical location in this State, the quantity of cigarettes in the possession or control of the wholesale dealer for sale or distribution outside of the borders of this State that were received by the wholesale dealer from another person during the month, and the name and address of each person from whom those products were received;
(f) If the wholesale dealer has a physical location in this State, the quantity of cigarettes in unstamped packages in the possession or control of the wholesale dealer for sale or distribution within or outside of the borders of this State that were received by the wholesale dealer from a manufacturer during the month, and the name and address of each manufacturer from whom those products were received;
(g) If the wholesale dealer does not have a physical location in this State, the quantity of cigarettes in unstamped packages in the possession or control of the wholesale dealer held with the intent for sale or distribution within the borders of this State that were received by the wholesale dealer during the month;
(h) The quantity of cigarettes in packages with a Nevada stamp affixed to it in the possession or control of the wholesale dealer that were distributed or shipped during the month to:
(1) Another wholesale dealer of cigarettes located within or outside of the borders of this State; or
κ2019 Statutes of Nevada, Page 627 (CHAPTER 118, SB 81)κ
(2) A tobacco retail dealer located within or outside of the borders of this State,
Κ and the name and address of each person to whom those products were distributed or shipped;
(i) If the wholesale dealer has a physical location in this State, the quantity of cigarettes in packages with the stamp of another State affixed to it and in unstamped packages in the possession or control of the wholesale dealer that were distributed or shipped outside the borders of this State during the month;
(j) The quantity of cigarettes in packages with a Nevada stamp affixed to it in the possession or control of the wholesale dealer that were distributed or shipped within the borders of this State to Indian tribes or instrumentalities of the Federal Government during the month, and the name and address of each person to whom those products were distributed or shipped;
(k) If the wholesale dealer has a physical location in this State, the quantity of cigarettes in packages with a Nevada stamp affixed to it, with the stamp of any other state affixed to it and in unstamped packages that were returned to a manufacturer or another wholesale dealer during the month;
(l) If the wholesale dealer has a physical location in this State, the physical inventory of cigarettes in packages with the stamp of another state affixed to it in the possession or control of the wholesale dealer for sale or distribution outside of the borders of this State on hand at the close of business on the last day of the month;
(m) The physical inventory of cigarettes in packages with a Nevada stamp affixed to it in the possession or control of the wholesale dealer for distribution within the borders of this State on hand at the close of business on the last day of the month;
(n) If the wholesale dealer has a physical location in this State, the physical inventory of cigarettes in unstamped packages in the possession or control of the wholesale dealer for sale or distribution within or outside of the borders of this State on hand at the close of business on the last day of the month;
(o) The quantity and roll numbers for each type of Nevada stamp that is not affixed to a cigarette package on hand at the start of business on the first day of the month;
(p) The quantity and roll numbers for each type of Nevada stamp that is not affixed to a cigarette package purchased or received during the month;
(q) The quantity and roll numbers for each type of Nevada stamp affixed during the month;
(r) The quantity and roll numbers for each type of Nevada stamp damaged or otherwise considered unusable during the month; and
(s) The quantity and roll numbers for each type of Nevada stamp that is not affixed to a cigarette package and is on hand at the close of business on the last day of the month.
[The inventory of all cigarettes in the possession or control of the dealer at the close of business on the last day of each month.
(b) The total value of all cigarette revenue stamps affixed by the dealer upon cigarette packages sold in or shipped into the State by the dealer during the preceding month.]
κ2019 Statutes of Nevada, Page 628 (CHAPTER 118, SB 81)κ
2. [The report must be made by the 25th day of the month following shipments upon forms to be provided by the Department.] Each report required by subsection 1 must be:
(a) Submitted on forms provided by or in a format approved by the Department; and
(b) Provided separately for each facility operated by the wholesale dealer.
3. In each report required by this section, the information required must be itemized so as to disclose clearly the brand family of cigarettes to which the report applies.
4. The wholesale dealer [may] :
(a) May be allowed 5 additional days to file the report, if the wholesale dealer makes prior written application to the Department and the Department finds good cause for extension.
(b) Shall, upon discovery of any error in the report filed with the Department, promptly notify the Department and file an amended report that corrects the error.
[4.] 5. If, during the preceding month, the wholesale dealer affixed cigarette [revenue] stamps upon cigarette packages imported into the United States, the wholesale dealer shall file with the report a copy of each certificate submitted pursuant to 19 U.S.C. § 1681a(c) with regard to the cigarette packages.
6. The Department may require a wholesale dealer to report information in addition to the reporting requirements established by this section if the Department determines that additional information will assist the Department in enforcing the provisions of this chapter.
Sec. 58. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, and sections 2 to 34, inclusive, of this act, less any refunds granted as provided by law, must be paid to the Department in the form of remittances payable to the Department.
2. The Department shall:
(a) As compensation to the State for the costs of collecting the taxes and license fees, transmit each month the sum the Legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the State Treasurer for deposit to the credit of the Department. The deposited money must be expended by the Department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 85 mills per cigarette to the State Treasurer for deposit to the credit of the Account for the Tax on Cigarettes in the State General Fund.
(c) Transmit the balance of the payments each month to the State Treasurer for deposit in the Local Government Tax Distribution Account created by NRS 360.660.
(d) Report to the State Controller monthly the amount of collections.
3. The money deposited pursuant to paragraph (c) of subsection 2 in the Local Government Tax Distribution Account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county.
κ2019 Statutes of Nevada, Page 629 (CHAPTER 118, SB 81)κ
Sec. 59. NRS 370.270 is hereby amended to read as follows:
370.270 1. [Every] Each retail dealer [making a sale to a customer] shall, [at the time of sale,] not later than 5 calendar days after the retail dealer takes possession of a package of cigarettes, see that [each] the package [, packet or container] has the Nevada cigarette [revenue] stamp [or metered stamping machine indicia] properly affixed.
2. Every cigarette vending machine operator placing cigarettes in his or her coin-operated cigarette vending machines for sale to the ultimate consumers shall at the time of placing them in the machine see that each package [, packet or container] has the Nevada cigarette [revenue] stamp [or metered stamping machine indicia] properly affixed.
3. No unstamped packages [, packets or containers] of cigarettes may lawfully be accepted or held in the possession of any person, except as authorized by law or regulation. For the purposes of this subsection, held in possession means:
(a) In the actual possession of the person; or
(b) In the constructive possession of the person when cigarettes are being transported or held for the person or for his or her designee by another person. Constructive possession is deemed to occur at the location of the cigarettes being transported or held.
4. Any cigarettes found in the possession of any person except a person authorized by law or regulation to possess them, which do not bear [indicia of] such identifying marks as are necessary to ascertain the origin of the cigarettes and numbering in a legible manner on the Nevada excise tax [stamping,] stamp, must be seized by the Department or any of its agents, and caused to be stamped by a licensed [cigarette] wholesale dealer, or confiscated and sold by the Department or its agents to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Departments records. If there is no bidder, or in the opinion of the Department the quantity of the cigarettes is insufficient, or for any other reason such disposition would be impractical, the cigarettes must be destroyed or disposed of as the Department may see fit. The proceeds of all sales must be classed as revenues derived under the provisions of NRS 370.001 to 370.430, inclusive.
5. Any cigarette vending machine in which unstamped cigarettes are found may be so seized and sold to the highest bidder.
Sec. 60. NRS 370.280 is hereby amended to read as follows:
370.280 1. Upon proof satisfactory to the Department, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed, upon cigarettes that are sold to:
(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this State to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes;
(b) Veterans hospitals for distribution or sale to service personnel with disabilities or ex-service personnel with disabilities interned therein, but not to civilians or civilian employees;
(c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the cigarette tax imposed under this chapter; or
κ2019 Statutes of Nevada, Page 630 (CHAPTER 118, SB 81)κ
(d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the cigarette tax imposed under this chapter.
2. Upon proof satisfactory to the Department, refunds shall be allowed to [cigarette] wholesale dealers [, or to manufacturers or their representatives,] for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed upon cigarettes destroyed because the cigarettes had become stale [.] or damaged. Applications for refunds shall be submitted in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:
(a) The number of packages of cigarettes destroyed for which refund is claimed;
(b) The date or dates on which the [cigarettes were] wholesale dealer:
(1) Destroyed the cigarettes; or
(2) Sent the cigarettes to be destroyed ; [and the place where destroyed;]
(c) That the cigarettes [were actually destroyed because they] had become stale [;] or damaged; and
(d) [By whom the cigarettes were destroyed; and
(e)] Other information which the Department may require.
3. Upon proof satisfactory to the Department, refunds may be allowed to licensed wholesale [cigarette] dealers for the face value of the cigarette [metered machine] revenue stamp tax paid, less any discount previously allowed upon:
(a) The balance of unused stamps on the descending register of a cigarette meter machine destroyed by fire, if the cigarette meter counting positions can be determined by the manufacturer of the meter stamping machine;
(b) Cigarettes which were stamped on their carton covers because of stamping machine failure to open the carton and stamp the cigarette packs; or
(c) Cigarettes which were not stamped but were registered on the machine as being stamped because of failure of the meter counters.
4. A wholesale dealer who ceases operations in this State shall return the balance of all unused tribal stamps to the Department not later than 10 days after the wholesale dealer ceases operations in this State.
[4.] 5. Any refund shall be paid as other claims against the State are paid.
Sec. 61. NRS 370.290 is hereby amended to read as follows:
370.290 1. A wholesale dealer shall not export cigarettes unless they bear revenue stamps in accordance with NRS 370.170 and 370.180 to any out-of-state destination other than by a licensed common or contract carrier.
2. No cigarette revenue stamp tax is required on any cigarettes exported from Nevada by a wholesale dealer to a person authorized by the state of destination to possess untaxed or unstamped cigarettes. Each wholesale dealer may set aside such portion of its stock of cigarettes as is not intended to be sold or given away in this state and it will not be necessary to affix Nevada cigarette revenue stamps . [or metered machine impressions.]
3. Every wholesale dealer shall, at the time of shipping or delivering any unstamped cigarettes to a point outside of this state, make a duplicate invoice and transmit such duplicate invoice to the Department, at Carson City, not later than the 15th day of the following month.
κ2019 Statutes of Nevada, Page 631 (CHAPTER 118, SB 81)κ
4. Within 30 days after any wholesale dealer ships any unstamped cigarettes to any destination outside Nevada, the dealer shall send to the state of destination a written notice of the fact of such shipment and whatever other information is required by such state.
5. If a wholesale dealer knowingly or negligently fails to comply with the requirements of this section, the Department may [suspend] :
(a) Impose a civil penalty pursuant to NRS 370.425;
(b) Suspend or revoke its license or permit, as provided in [subsection 2 of NRS 370.250.] section 32 of this act; or
(c) Take any combination of the action authorized by paragraphs (a) and (b).
Sec. 62. NRS 370.3715 is hereby amended to read as follows:
370.3715 The [Executive Director] Commission may adopt regulations for the enforcement of NRS 370.371 to [370.379,] 370.378, inclusive.
Sec. 63. NRS 370.3735 is hereby amended to read as follows:
370.3735 The provisions of NRS 370.371 to [370.379,] 370.378, inclusive, do not apply to a sale at wholesale made:
1. As an isolated transaction and not in the usual course of business;
2. When cigarettes are advertised, offered for sale or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertisement, offer to sell or sale states the reason therefor and the quantity of cigarettes advertised, offered for sale or to be sold;
3. When cigarettes are advertised, offered for sale or sold as imperfect or damaged and the advertising, offer to sell or sale states the reason therefor and the quantity of cigarettes advertised, offered for sale or to be sold;
4. When cigarettes are sold upon the final liquidation of a business; or
5. When cigarettes are advertised, offered for sale or sold by a fiduciary or other officer acting under the order or direction of a court.
Sec. 64. NRS 370.376 is hereby amended to read as follows:
370.376 A contract made by a person in violation of any of the provisions of NRS 370.371 to [370.379,] 370.378, inclusive, is void and no recovery thereon may be made.
Sec. 65. NRS 370.378 is hereby amended to read as follows:
370.378 1. An action may be maintained in any court of competent jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any provision of NRS 370.371 to [370.379,] 370.378, inclusive. An action may be instituted by any person injured by a violation or threatened violation of NRS 370.371 to [370.379,] 370.378, inclusive, or by the Attorney General upon the request of the Executive Director. If in such an action, a violation or threatened violation is established, the court shall enjoin and restrain, or otherwise prohibit the violation or threatened violation. In such an action it is not necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff, in addition to injunctive relief and costs of the suit, including reasonable attorneys fees, may recover from the defendant the actual damages sustained by the plaintiff.
2. If no injunctive relief is sought or required, any person injured by a violation of the provisions of NRS 370.371 to [370.379,] 370.378, inclusive, may maintain an action for damages and costs, including attorneys fees, in any court of competent jurisdiction.
Sec. 66. NRS 370.380 is hereby amended to read as follows:
370.380 1. It is unlawful for a person, with the intent to defraud the State:
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(a) To alter, forge or counterfeit any license [,] or stamp [or cigarette tax meter impression] provided for in this chapter;
(b) To have in his or her possession any forged, counterfeited, spurious or altered license [,] or stamp [or cigarette tax meter impression,] with the intent to use the same, knowing or having reasonable grounds to believe the same to be such;
(c) To have in his or her possession one or more cigarette stamps [or cigarette tax meter impressions] which he or she knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed;
(d) To affix to any piece of a package or package of cigarettes a stamp [or cigarette tax meter impression] which he or she knows has been removed from any other piece of a package or package of cigarettes; or
(e) To have in his or her possession for the purpose of sale cigarettes which do not bear indicia of the State of Nevada excise tax stamping. Presence of the cigarettes in a cigarette vending machine is prima facie evidence of the purpose to sell.
2. A person who violates any of the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Sec. 67. NRS 370.382 is hereby amended to read as follows:
370.382 1. It is unlawful for a person, with the intent to defraud the State:
(a) To fail to keep or make any record, return, report or inventory, or keep or make any false or fraudulent record, return, report or inventory, required pursuant to NRS [370.080] 370.090 to 370.327, inclusive, or sections 2 to 34, inclusive, of this act, or any regulations adopted for the administration or enforcement of those provisions;
(b) To refuse to pay any tax imposed pursuant to NRS [370.080] 370.090 to 370.327, inclusive, or attempt in any manner to evade or defeat the tax or the payment thereof;
(c) To alter, forge or otherwise counterfeit any stamp;
(d) To sell or possess for the purpose of sale any counterfeit stamp;
(e) To have in his or her possession any counterfeit stamp, with the intent to use the counterfeit stamp, knowing or having reasonable grounds to believe the stamp to be a counterfeit stamp;
(f) To have in his or her possession any stamp which he or she knows has been removed from any cigarette package to which it was affixed;
(g) To affix to any cigarette package a stamp which he or she knows has been removed from any other cigarette package; or
(h) To fail to comply with any requirement of NRS [370.080] 370.090 to 370.327, inclusive [.] , or sections 2 to 34, inclusive, of this act.
2. A person who violates any of the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
Sec. 68. NRS 370.385 is hereby amended to read as follows:
370.385 1. A wholesale [or retail] dealer shall not affix a Nevada cigarette revenue stamp [or a metered machine impression] upon , and a wholesale dealer or a retail dealer shall not knowingly or negligently accept or possess, a package, carton, packet or other container of cigarettes which:
(a) Does not meet the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., for the placement of labels, warnings or any other information required by that Act to be placed upon a container of cigarettes sold within the United States;
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warnings or any other information required by that Act to be placed upon a container of cigarettes sold within the United States;
(b) Is labeled as for export only, U.S. tax exempt, for use outside the U.S. or with similar wording indicating that the manufacturer did not intend for the product to be sold in the United States [;] unless the wholesale dealer or retail dealer is legally authorized to possess tax-exempt cigarettes for the purposes of export;
(c) Has been altered by the unauthorized addition or removal of wording, labels or warnings described in paragraph (a) or (b);
(d) Has been exported from the United States after January 1, 2000, and imported into the United States in violation of 26 U.S.C. § 5754;
(e) Has been imported into the United States in violation of 19 U.S.C. § 1681a;
(f) Was manufactured, packaged or imported by a person who has not complied with 15 U.S.C. § 1335a with regard to the cigarettes;
(g) Violates a federal trademark or copyright law; or
(h) Violates any other federal statute or regulation or with respect to which any federal statute or regulation has been violated.
2. A [wholesale or retail dealer] person shall not:
(a) Affix Nevada cigarette revenue stamps [or metered machine impressions] on;
(b) Sell or distribute in this state; or
(c) Possess in this state with the intent to sell or distribute in this state,
Κ cigarettes manufactured for export outside the United States.
3. The Department may impose a penalty on a wholesale or retail dealer who violates subsection 1 or 2 as follows:
(a) For the first violation, a penalty of $5,000.
(b) For each subsequent violation, a penalty of $10,000.
4. Notwithstanding any other provision of law, the Department shall seize and destroy cigarettes upon which a revenue stamp [or metered machine impression] was placed in violation of subsection 1 or 2.
5. As used in this section, cigarettes manufactured for export outside the United States means cigarettes contained in a package or carton which indicates that the cigarettes are tax exempt and for use outside the United States.
Sec. 69. NRS 370.390 is hereby amended to read as follows:
370.390 Except as otherwise provided in NRS 370.380 and 370.382, any person violating any of the provisions of NRS [370.080] 370.090 to 370.315, inclusive, or sections 2 to 34, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 70. NRS 370.415 is hereby amended to read as follows:
370.415 1. The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps, contraband tobacco products, machinery used to manufacture contraband tobacco products and cigarette rolling machines being used in violation of any provision of this chapter that are found or located in the State of Nevada.
2. A sheriff or other peace officer who seizes stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.
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3. After consultation with the Department, the sheriff or other peace officer shall transmit the contraband tobacco products to the Department if:
(a) The contraband tobacco products consist of cigarettes and:
(1) Except for revenue stamps [or metered machine impressions] being properly affixed as required by this chapter, the cigarettes comply with all state and federal statutes and regulations; and
(2) The Department approves the transmission of the cigarettes; or
(b) The contraband tobacco products consist of any other tobacco products and the Department approves the transmission of the other tobacco products.
4. Upon the receipt of any:
(a) Cigarettes pursuant to subsection 3, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270; or
(b) Other tobacco products pursuant to subsection 3, the Department shall:
(1) Sell the other tobacco products to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Departments records; or
(2) If there is no bidder, or in the opinion of the Department the quantity of the other tobacco products is insufficient, or for any other reason such disposition would be impractical, destroy or dispose of the other tobacco products as the Department may see fit.
Κ The proceeds of all sales pursuant to this paragraph must be classed as revenues derived under the provisions of NRS 370.440 to 370.503, inclusive.
5. The sheriff or other peace officer who seizes any stamps, contraband tobacco products, machinery or cigarette rolling machines pursuant to this section shall:
(a) Destroy the stamps, machinery and cigarette rolling machines; and
(b) If he or she does not transmit the contraband tobacco products to the Department, destroy the contraband tobacco products.
Sec. 71. NRS 370.419 is hereby amended to read as follows:
370.419 All fixtures, equipment and other materials and personal property on the premises of any wholesale or retail dealer who, with intent to defraud the State:
1. Fails to keep or make any record, return, report or inventory required pursuant to NRS [370.080] 370.090 to 370.327, inclusive [;] , or sections 2 to 34, inclusive, of this act;
2. Keeps or makes any false or fraudulent record, return, report or inventory required pursuant to NRS [370.080] 370.090 to 370.327, inclusive [;] , or sections 2 to 34, inclusive, of this act;
3. Refuses to pay any tax imposed pursuant to NRS [370.080] 370.090 to 370.327, inclusive; or
4. Attempts in any manner to evade or defeat the requirements of NRS [370.080] 370.090 to 370.327, inclusive, or sections 2 to 34, inclusive, of this act,
Κ is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive.
Sec. 72. NRS 370.425 is hereby amended to read as follows:
370.425 In addition to any other penalty authorized by law:
1. The Department may [:
(a) Impose a civil penalty of $1,000 on any person who knowingly:
(1) Omits, neglects or refuses to:
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(I) Comply with any duty imposed upon him or her pursuant to the provisions of NRS 370.080 to 370.315, inclusive; or
(II) Do or cause to be done any of the things required pursuant to those provisions; or
(2) Does anything prohibited by the provisions of NRS 370.080 to 370.315, inclusive.
(b) Impose] impose on each person who violates any of the provisions of [NRS 370.321, 370.323 or 370.327] this chapter a civil penalty of:
[(1)] (a) Not more than $1,000 for the first violation [;] of a provision; and
[(2)] (b) Not [less than $1,000 nor] more than $5,000 for each subsequent violation [.] of the same provision.
2. Each violation of any provision of this chapter is considered a separate violation.
3. Any person who fails to pay any tax imposed pursuant to the provisions of NRS [370.080] 370.090 to 370.327, inclusive, or 370.440 to 370.503, inclusive, within the time prescribed by law or regulation shall [pay] , in addition to the tax due:
(a) For a first such failure, pay a penalty of [500] 10 percent of the tax due but unpaid, in addition to the tax. In addition to the penalty, the Department may suspend or revoke the license of the licensee who failed to pay the tax.
(b) For a second such failure in a 24-month period, pay a penalty of 25 percent of the amount of tax due but unpaid. In addition to the penalty, the Department may suspend or revoke the license of the licensee who failed to pay the tax.
(c) For a third and each subsequent such failure in a 24-month period, pay a penalty of 25 percent of the amount of tax due but unpaid. In addition to the penalty, the Department shall suspend or revoke the license of the licensee who failed to pay the tax.
Sec. 73. NRS 370.440 is hereby amended to read as follows:
370.440 As used in NRS 370.440 to 370.503, inclusive, and section 35 of this act, unless the context otherwise requires:
1. Alternative nicotine product has the meaning ascribed to it in NRS 370.003.
2. Other tobacco product has the meaning ascribed to it in NRS 370.0318.
3. Retail dealer means any person who is engaged in selling other tobacco products [.] to ultimate consumers.
4. Sale means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of other tobacco products.
5. Ultimate consumer means a person who purchases one or more other tobacco products for his or her household or personal use and not for resale.
6. Wholesale [dealer] dealer of other tobacco products means any person who:
(a) [Brings or causes to be brought into] Maintains a place of business in this State , purchases other tobacco products [purchased] from the manufacturer or a wholesale dealer and [who stores,] possesses, receives, sells or otherwise disposes of such other tobacco products to wholesale dealers or retail dealers within this State;
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(b) Does not maintain a place of business in this State and sells or otherwise disposes of other tobacco products by any means, including, without limitation, through an Internet website, to wholesale dealers, retail dealers or ultimate consumers within this State;
(c) Manufactures , [or] produces , fabricates, assembles, processes, labels or finishes other tobacco products within this State . [and who sells or distributes such other tobacco products within this State to other wholesale dealers, retail dealers or ultimate consumers; or
(c) Purchases other tobacco products solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.]
7. Wholesale price means:
(a) Except as otherwise provided in paragraph (b), the [established] price for which other tobacco products are sold to a wholesale dealer [before] of other tobacco products, valued in money, whether paid in money or otherwise, without any discount or other reduction [is made.] on account of any of the following:
(1) Trade discounts, cash discounts, special discounts or deals, cash rebates or any other reduction from the regular sales price;
(2) The cost of materials used, labor or service cost, interest charged, losses or any other expenses;
(3) The cost of transportation of the other tobacco products before its purchase by the wholesale dealer of other tobacco products;
(4) Any services that are a part of the sale, including, without limitation, shipping, freight, warehousing, customer service, advertising or any other service related to the sale; or
(5) The amount of any tax, not including any excise tax, imposed by the United States upon or with respect to the other tobacco product;
(b) For other tobacco products sold to a retail dealer or an ultimate consumer by a wholesale dealer of other tobacco products described in paragraph [(b)] (c) of subsection 6, the established price for which the other tobacco product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.
Sec. 73.3. NRS 370.450 is hereby amended to read as follows:
370.450 1. Except as otherwise provided in [subsection 2,] this section, there is hereby imposed upon the [purchase or possession] receipt, purchase or sale of other tobacco products [by a customer] in this State a tax of 30 percent of the wholesale price of those products.
2. The provisions of subsection 1 do not apply to those products which are:
(a) [Shipped out of the State for sale and use outside the State;
(b)] Displayed or exhibited at a trade show, convention or other exhibition in this State by a manufacturer or wholesale dealer of other tobacco products who is not licensed in this State; or
[(c) Acquired]
(b) Distributed free of charge at a trade show, convention or other exhibition or public event in this State, [and which do not have significant value as determined by the Department by regulation.] if the distributor has obtained a license to distribute other tobacco products free of charge for the trade show, convention or other exhibition or public event.
3. This tax [must be collected and] :
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(a) Is imposed:
(1) At the time the other tobacco products are first possessed or received by a wholesale dealer of other tobacco products who maintains a place of business in this State for sale or disposition in this State;
(2) At the time the other tobacco products are sold by a wholesale dealer of other tobacco products who does not maintain a place of business in this State to a retail dealer or ultimate consumer; or
(3) For other tobacco products manufactured, produced, fabricated, assembled, processed, labeled or finished in this State, at the time the other tobacco products are sold in this State to a wholesale dealer of other tobacco products, retail dealer or ultimate consumer.
(b) Must be paid by the wholesale dealer of other tobacco products to the Department, in accordance with the provisions of NRS 370.465 . [, after the sale or distribution of the other tobacco products by the wholesale dealer.] The wholesale dealer of other tobacco products is entitled to retain 0.25 percent of the taxes [collected] due to cover the costs of collecting and administering the taxes if the taxes are paid in accordance with the provisions of NRS 370.465.
4. Any wholesale dealer of other tobacco products who sells or distributes other tobacco products without paying the tax provided for by this section is guilty of a misdemeanor.
Sec. 73.7. NRS 370.465 is hereby amended to read as follows:
370.465 1. A wholesale dealer of other tobacco products shall, not later than 20 days after the end of each month, submit to the Department a report on a form prescribed by the Department setting forth [each sale of] such information as the Department may prescribe concerning other tobacco products [that the wholesale dealer made] on which the tax provided by NRS 370.450 was imposed during the previous month.
2. Each report submitted pursuant to this section on or after August 20, 2001, must be accompanied by the tax owed pursuant to NRS 370.450 for other tobacco products that were sold by the wholesale dealer of other tobacco products during the previous month.
[3. The Department may impose a penalty on a wholesale dealer who violates any of the provisions of this section as follows:
(a) For the first violation within 7 years, a fine of $1,000.
(b) For a second violation within 7 years, a fine of $5,000.
(c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer.]
Sec. 74. NRS 370.470 is hereby amended to read as follows:
370.470 1. A wholesale dealer of other tobacco products must obtain from each manufacturer or wholesale dealer [who is not licensed in this State] of other tobacco products from whom the wholesale dealer of other tobacco products purchases other tobacco products itemized invoices of all other tobacco products purchased from [and] or delivered by the manufacturer or wholesale dealer of other tobacco products. [who is not licensed in this State.] The wholesale dealer of other tobacco products must obtain from the manufacturer or wholesale dealer [who is not licensed in this State] of other tobacco products separate invoices for each purchase made.
2. A retail dealer must obtain from each wholesale dealer of other tobacco products itemized invoices of all other tobacco products purchased from the wholesale dealer of other tobacco products. The retail dealer must obtain separate invoices for each purchase made.
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3. The [invoice] invoices required by subsections 1 and 2 must include:
[1.] (a) The name and address of the manufacturer or wholesale dealer of other tobacco products who [is not licensed in this State;
2.] sold the other tobacco products;
(b) The name and address of the wholesale dealer [;
3.] of other tobacco products or retail dealer who purchased the other tobacco products;
(c) The date of the purchase; [and
4.] (d) The invoice number;
(e) The method of delivery; and
(f) The itemized quantity [and wholesale price] of [the] each brand, type, size and price of other tobacco products [.] purchased.
Sec. 74.3. NRS 370.480 is hereby amended to read as follows:
370.480 1. Every wholesale dealer of other tobacco products must keep at its place of business complete and accurate records for that place of business, including copies of all invoices of other tobacco products which the wholesale dealer of other tobacco products holds, purchases and delivers, distributes or sells in this State. All records must be preserved for at least 5 years after the date of purchase or after the date of the last entry made on the record.
2. Every retail dealer shall keep at its place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of other tobacco products purchased and delivered from wholesale dealers [.] of other tobacco products. The invoices must show the name and address of the wholesale dealer of other tobacco products and the date of the purchase. All records must be preserved for at least 5 years after the date of the purchase.
Sec. 74.7. NRS 370.490 is hereby amended to read as follows:
370.490 1. The Department shall allow a credit of 30 percent of the wholesale price, less a discount of 0.25 percent for the services rendered in collecting the tax, for other tobacco products on which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the other tobacco products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.
2. A credit must also be granted for any other tobacco products shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.
3. A wholesale dealer of other tobacco products may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.
Sec. 75. NRS 370.525 is hereby amended to read as follows:
370.525 1. Except as otherwise provided in subsection 2, a person may institute a civil action in a court of competent jurisdiction for appropriate injunctive relief if the person:
(a) Sells, distributes or manufactures cigarettes; and
(b) Sustains direct economic or commercial injury as a result of a violation of NRS [370.080] 370.090 to 370.327, inclusive, 370.380, 370.382, 370.385, 370.395, 370.405 or 370.410 [.] or sections 2 to 34, inclusive, of this act.
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2. Nothing in this section authorizes an action against this State, a political subdivision of this State, or an officer, employee or agency thereof.
Sec. 76. NRS 370.677 is hereby amended to read as follows:
370.677 1. The Department shall notify each wholesale dealer and retail dealer when [a manufacturer or brand family is added] any changes are made to [or removed from] the directory pursuant to NRS 370.675 , including, without limitation, when a manufacturer, brand family or style of cigarettes is added to or removed from the directory, by sending a notice to the [mailing address or] electronic mail address of the wholesale dealer or retail 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] 1 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.] 3. A wholesale dealer shall not purchase cigarettes for resale from a manufacturer, or of a style or brand family, 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 , style or brand family is reentered in the directory by the Department.
4. A wholesale dealer that receives a notice pursuant to subsection 1 that a manufacturer, brand family or style of cigarettes has been removed from the directory pursuant to NRS 370.675 shall, not later than 20 days after receiving the notice, identify and set aside any cigarettes of that manufacturer or of that brand family or style of cigarettes for sale or distribution outside of the borders of this State pursuant to NRS 370.210 and keep a record of the destination state for that product, or return any cigarettes of that manufacturer or of that brand family or style to the manufacturer or wholesale dealer.
Sec. 77. NRS 370.684 is hereby amended to read as follows:
370.684 1. An importer is jointly and severally liable for:
(a) The escrow deposit due pursuant to NRS 370A.140 for each cigarette which is intended for sale in this State which the importer causes to be sent to a person who holds a license as a wholesale dealer [or license as a retail dealer] issued by the Department; and
(b) The reports required by subsection 1 of NRS 370.327.
2. A nonparticipating manufacturer located outside the United States that conducts business in this State shall provide to the Attorney General on a form prescribed by the Attorney General a declaration from each importer that imports the cigarettes of the nonparticipating manufacturer which are intended for sale in this State stating that the importer accepts liability pursuant to subsection 1 and consents to the jurisdiction of the courts of this State for the purposes of enforcing this section.
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3. As used in this section, importer has the meaning ascribed to it in NRS 370.0295.
Sec. 78. NRS 370.685 is hereby amended to read as follows:
370.685 1. Not later than [20 calendar days after] the [end] 25th day of each calendar [quarter,] month, and more frequently if so directed by the Department, each distributor shall submit such information as the Department requires to facilitate compliance with the provisions of this chapter and chapter 370A of NRS, including, without limitation, a list by brand family of the total number of cigarettes or, in the case of roll-your-own tobacco, the equivalent unit count, for which the distributor affixed stamps during the previous calendar [quarter] month or otherwise paid the tax due for those cigarettes. The distributor shall maintain for at least 5 years, and make available to the Department, all invoices and documentation of sales of all cigarettes of nonparticipating manufacturers and any other information relied upon in reporting to the Department.
2. The Department may disclose to the Attorney General any information received pursuant to this chapter or chapter 370A of NRS and requested by the Attorney General for purposes of determining compliance with and enforcing the provisions of this chapter and chapter 370A of NRS. The Department and Attorney General shall share with each other the information received pursuant to the provisions of this chapter and chapter 370A of NRS and may share such information with other federal, state or local agencies only for purposes of enforcement of those provisions or the corresponding laws of other states.
3. The Department or the Attorney General may require at any time from a nonparticipating manufacturer proof, from the financial institution in which that manufacturer has established a qualified escrow fund for the purpose of compliance with chapter 370A of NRS, of the amount of money in that fund, exclusive of interest, the amount and date of each deposit to that fund, and the amount and date of each withdrawal from that fund.
4. In addition to the information otherwise required to be submitted pursuant to this chapter and chapter 370A of NRS, the Department or the Attorney General may, at any time, require a distributor or manufacturer of tobacco products to submit any additional information or documentation as is necessary to determine whether a manufacturer of tobacco products is or will continue to be in compliance with the provisions of this chapter and chapter 370A of NRS.
Sec. 79. NRS 370.698 is hereby amended to read as follows:
370.698 1. The license of a wholesale dealer may be suspended or revoked if a similar license of the wholesale dealer is suspended or revoked in any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the suspension or revocation of the license of the wholesale dealer pursuant to [NRS 370.379,] section 32 of this act, unless the wholesale dealer demonstrates that the suspension or revocation of its license in the other state was effected without due process. A wholesale dealer whose license is suspended or revoked in this State pursuant to this subsection is eligible for reinstatement upon the earlier of the date on which the violation in the other state is cured or the date on which the license of the wholesale dealer is reinstated in the other state.
2. A nonparticipating manufacturer and its brand families may be denied listing in the directory or removed from the directory for any of the following reasons:
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(a) The nonparticipating manufacturer is removed from the directory of another state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675, unless the nonparticipating manufacturer demonstrates that its removal from the directory of the other state was effected without due process. A nonparticipating manufacturer that is removed from the directory of this State pursuant to this paragraph is eligible for reinstatement to the directory upon the earlier of the date on which the violation in the other state is cured or the date on which the nonparticipating manufacturer is reinstated to the directory of the other state.
(b) The nonparticipating manufacturer is convicted of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
(c) The nonparticipating manufacturer fails to report the existence or result, including any conviction, of any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding the commission of any crime relating to the manufacture, sale or distribution of tobacco products in this State or another state.
(d) The nonparticipating manufacturer fails to report any investigation of the nonparticipating manufacturer which is known to the nonparticipating manufacturer regarding any violation of the laws of any other state based on an act or omission that would, if the act or omission had occurred in this State, be grounds for the removal of the nonparticipating manufacturer from the directory of this State pursuant to NRS 370.675.
(e) The nonparticipating manufacturer knowingly makes a false, material statement in any report, filing or other communication provided to this State pursuant to this chapter or chapter 370A of NRS.
(f) The nonparticipating manufacturer has a shortfall or fails to make an escrow deposit that is due in another state or territory of the United States, has been given reasonable notice of the shortfall or failure and has failed to cure the shortfall or make the deposit within 30 days after receiving notice of the shortfall or failure.
(g) In any calendar year the total nationwide sales of cigarettes on which federal excise tax is paid by the nonparticipating manufacturer exceeds by more than 5 percent the amount of such sales reported in:
(1) Any nationwide report made by the nonparticipating manufacturer or any importer pursuant to 15 U.S.C. §§ 375 et seq.;
(2) Any interstate report required by law; or
(3) Any intrastate report required by law,
Κ unless the nonparticipating manufacturer cures the discrepancy or provides a satisfactory explanation of the discrepancy within 30 days after receiving notice of the discrepancy.
3. The provisions of NRS 233B.121 to 233B.150, inclusive, apply to:
(a) The suspension or revocation of the license of a wholesale dealer pursuant to subsection 1; and
(b) The removal of a nonparticipating manufacturer and its brand families from the directory pursuant to subsection 2.
Sec. 80. NRS 100.065 is hereby amended to read as follows:
100.065 1. [In] Except as otherwise provided in subsection 4, in lieu of any cash payment or surety bond required as protection for the State of Nevada, the person required to provide the cash payment or surety bond may deposit with the State Treasurer, unless a different custodian is named by specific statute:
κ2019 Statutes of Nevada, Page 642 (CHAPTER 118, SB 81)κ
Nevada, the person required to provide the cash payment or surety bond may deposit with the State Treasurer, unless a different custodian is named by specific statute:
(a) Bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required cash payment or surety bond;
(b) A letter of credit from a bank, savings bank, credit union or savings and loan association situated in Nevada, which meets the requirements set for that purpose by the State Treasurer; or
(c) A savings certificate, certificate of deposit or investment certificate of a bank, savings bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount not less than the amount of the required cash payment or surety bond and, except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct order of the State Treasurer.
2. Whenever a savings certificate, certificate of deposit or investment certificate is deposited as provided in this section, interest earned on the certificate accrues to the account of the depositor.
3. If a surety bond is provided as protection for the State of Nevada, the bond must be issued by an insurer who is authorized or otherwise allowed under title 57 of NRS to issue such a bond pursuant to title 57 of NRS.
4. The Department of Taxation shall not accept bonds, savings certificates, certificates of deposit or investment certificates in lieu of the surety bond required to be deposited with the Department pursuant to section 29 of this act.
Sec. 81. NRS 477.206 is hereby amended to read as follows:
477.206 The Department of Taxation, in the regular course of conducting inspections of wholesale dealers, retail dealers and agents pursuant to NRS 370.001 to 370.530, inclusive, and sections 2 to 34, inclusive, of this act may inspect any packages of cigarettes to determine if they have been marked in accordance with NRS 477.198. If the packages of cigarettes are not marked as required, the Executive Director of the Department of Taxation shall notify the State Fire Marshal and may seize the packages of cigarettes pursuant to subsection 5 of NRS 477.202.
Sec. 82. 1. Except as otherwise provided in this subsection, a person operating in this State as a logistics company before the effective date of this section must, if the person wishes to continue operating as a logistics company in this State, obtain a license as a logistics company issued by the Department of Taxation pursuant to section 19 of this act within 180 days after the effective date of this section. If a person operating in this State as a logistics company before the effective date of this section submits to the Department an application for a license as a logistics company pursuant to section 19 of this act within 180 days after the effective date of this section and is not issued a license as a logistics company pursuant to section 19 of this act within 180 days after the effective date of this section, the person may continue to operate as a logistics company until the person has been notified by the Department of a denial of his or her application.
κ2019 Statutes of Nevada, Page 643 (CHAPTER 118, SB 81)κ
2. Except as otherwise provided in this subsection, a person operating a warehouse or distribution center in this State before the effective date of this section must, if the person wishes to continue operating a warehouse or distribution center in this State, obtain a license to operate a warehouse or distribution center issued by the Department of Taxation pursuant to section 19 of this act within 180 days after the effective date of this section. If a person operating as a warehouse or distribution center in this State before the effective date of this section submits to the Department an application for a license as a warehouse or distribution center pursuant to section 19 of this act within 180 days after the effective date of this section and is not issued a license as a warehouse or distribution center pursuant to section 19 of this act within 180 days after the effective date of this section, the person may continue to operate a warehouse or distribution center until the person has been notified by the Department of a denial of his or her application.
3. As used in this section:
(a) Logistics company has the meaning ascribed to it in section 9 of this act.
(b) Warehouse or distribution center has the meaning ascribed to it in section 16 of this act.
Sec. 82.5. NRS 370.450, as amended by section 73.3 of this act, applies to other tobacco products purchased, received or sold in this State before January 1, 2020, if the tax imposed by NRS 370.450, as that section existed before January 1, 2020, has not been paid before January 1, 2020. A wholesale dealer shall include other tobacco products described in this section in the report filed by the wholesale dealer with the Department of Taxation pursuant to NRS 370.465, as amended by section 73.7 of this act, for the January 2020 reporting period and remit the tax required to be paid by this section with that report.
Sec. 83. 1. NRS 370.080, 370.085, 370.095, 370.100, 370.110, 370.120, 370.130, 370.140, 370.150, 370.160, 370.235, 370.250, 370.253, 370.379 and 370.445 are hereby repealed.
2. NRS 370.155 is hereby repealed.
Sec. 84. 1. This section and sections 1 to 28, inclusive, 30 to 73, inclusive, 74 to 82, inclusive, and subsection 1 of section 83 of this act become effective upon passage and approval.
2. Section 29 and subsection 2 of section 83 of this act become effective 180 days after passage and approval of this act.
3. Sections 73.3, 73.7 and 82.5 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing other preparatory administrative tasks necessary to carry out the provisions of this act; and
(b) On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 644κ
Senate Bill No. 199Senators Scheible and Parks
Joint Sponsor: Assemblyman Fumo
CHAPTER 119
[Approved: May 23, 2019]
AN ACT relating to real property; requiring a county assessor to periodically provide a report to the county treasurer identifying changes in ownership of residential real property within the county; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires a county assessor to provide a report to the county treasurer at least once every 30 business days that identifies each change in ownership of residential real property that has taken place within the county since the previous report.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
A county assessor shall, not less than once every 30 business days, provide a report to the county treasurer that identifies each change in ownership of residential real property that has taken place within the county since the previous report.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 645κ
Assembly Bill No. 10Committee on Judiciary
CHAPTER 120
[Approved: May 23, 2019]
AN ACT relating to corrections; requiring the Director of the Department of Corrections to clearly indicate whether or not the full legal name and age of the offender has been verified upon the issuance of a photo identification card to an offender who is to be released; revising the documents which may be furnished to the Department of Motor Vehicles as proof of the full legal name and age of an applicant for a drivers license or identification card; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to provide to an offender upon the offenders release from prison and if the prisoner requests it: (1) a photo identification card containing the name, the date of birth and a color picture of the offender; and (2) information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment if the offender is eligible to acquire a drivers license or identification card from the Department of Motor Vehicles. Existing law also requires the Director to verify the full legal name and age of an offender by obtaining certain documents to prove the name and age of the offender before providing such a photo identification card. (NRS 209.511) Section 1 of this bill requires the Director to clearly indicate on the photo identification card whether or not the full legal name and age of the offender has been verified pursuant to existing law.
Existing law requires an applicant for a drivers license or identification card to furnish proof of his or her full legal name and age by providing either: (1) an original or certified copy of certain documents; or (2) a photo identification card issued by the Department of Corrections. (NRS 483.290, 483.860) Sections 2 and 3 of this bill require a photo identification card issued by the Department of Corrections used for this purpose to clearly indicate that the full legal name and age of the applicant was verified pursuant to existing law.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.511 is hereby amended to read as follows:
209.511 1. Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.
2. Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.
κ2019 Statutes of Nevada, Page 646 (CHAPTER 120, AB 10)κ
3. [Except as otherwise provided in subsection 4, when] When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:
(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the Director;
(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;
(c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);
(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;
(e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment, if the offender:
(1) Requests a photo identification card; or
(2) Requests such information and assistance and is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles;
(f) May provide the offender with clothing suitable for reentering society;
(g) May provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;
(h) May, but is not required to, release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS; and
(i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus.
4. The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection 3 unless the photo identification card clearly indicates whether the Director [has] :
(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a drivers license or identification card [.] ; or
(b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).
5. The costs authorized in paragraphs (a), (e), (f), (g) and (i) of subsection 3 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.
6. The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.
κ2019 Statutes of Nevada, Page 647 (CHAPTER 120, AB 10)κ
7. As used in this section:
(a) Eligible offender means an offender who is:
(1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment Services instrument, or its successor risk assessment tool; and
(2) Enrolled in:
(I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or
(II) A community-based program to assist offenders to reenter the community.
(b) Facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055.
(c) Photo identification card means a document which includes the name, date of birth and a color picture of the offender.
(d) Promising practice reentry program means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.
Sec. 2. NRS 483.290 is hereby amended to read as follows:
483.290 1. An application for an instruction permit or for a drivers license must:
(a) Be made upon a form furnished by the Department.
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.
(c) Be accompanied by the required fee.
(d) State the full legal name, date of birth, sex, address of principal residence and mailing address, if different from the address of principal residence, of the applicant and briefly describe the applicant.
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.
(f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.
2. Every applicant must furnish proof of his or her full legal name and age by displaying:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 [.] which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.
3. The Department shall adopt regulations prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 2, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605.
κ2019 Statutes of Nevada, Page 648 (CHAPTER 120, AB 10)κ
4. At the time of applying for a drivers license, an applicant may, if eligible, preregister or register to vote pursuant to NRS 293.524 or section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative.
5. Every applicant who has been assigned a social security number must furnish proof of his or her social security number by displaying:
(a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or
(b) Other proof acceptable to the Department, including, without limitation, records of employment or federal income tax returns.
6. The Department may refuse to accept a drivers license issued by another state, the District of Columbia or any territory of the United States if the Department determines that the other state, the District of Columbia or the territory of the United States has less stringent standards than the State of Nevada for the issuance of a drivers license.
7. With respect to any document presented by a person who was born outside of the United States to prove his or her full legal name and age, the Department:
(a) May, if the document has expired, refuse to accept the document or refuse to issue a drivers license to the person presenting the document, or both; and
(b) Shall issue to the person presenting the document a drivers license that is valid only during the time the applicant is authorized to stay in the United States, or if there is no definite end to the time the applicant is authorized to stay, the drivers license is valid for 1 year beginning on the date of issuance.
8. The Administrator shall adopt regulations setting forth criteria pursuant to which the Department will issue or refuse to issue a drivers license in accordance with this section to a person who is a citizen of any state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue a drivers license to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
9. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a drivers license. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 3. NRS 483.860 is hereby amended to read as follows:
483.860 1. Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:
(a) An original or certified copy of the required documents as prescribed by regulation; or
(b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 [.] which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection 4 of that section.
2. The Director shall adopt regulations:
(a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 1, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605; and
κ2019 Statutes of Nevada, Page 649 (CHAPTER 120, AB 10)κ
(b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state, the District of Columbia, any territory of the United States or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.
3. Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, consular identification card has the meaning ascribed to it in NRS 232.006.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 17Committee on Judiciary
CHAPTER 121
[Approved: May 23, 2019]
AN ACT relating to bail; revising provisions governing bail in criminal cases; requiring the exoneration of bail under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, when a defendant is released on bail, the bond or undertaking for the bail must apply to: (1) any action or proceeding instituted against the defendant in a justice, municipal or district court arising from the charge on which the bail was originally given; and (2) under certain circumstances, any action or proceeding instituted against the defendant based on a later charge arising out of the same act or omission supporting the original charge. However, if no formal action or proceeding is instituted against the defendant or if such an action or proceeding is dismissed, existing law provides that the court must exonerate the bail, except that the court is required to hold the bail for 30 days from the date that the bond or undertaking was posted or the date that the order of dismissal was entered, as applicable, unless the defendant requests that the bail be exonerated before the expiration of the 30-day period. Finally, existing law provides that if the bail is not exonerated before the expiration of the 30-day period and, within that period, the defendant is charged with an offense arising out of the same act or omission supporting the original charge, the bail must not be exonerated, but it must be applied to the action or proceeding instituted against the defendant for the later charge. (NRS 178.502)
Section 1 of this bill eliminates this existing statutory framework. In its place, section 1 provides that when a defendant is released on bail, the bond or undertaking for the bail must apply to any action or proceeding instituted against the defendant in a justice, municipal or district court arising from the charge on which the bail was originally given. Section 1 also provides that the bail must be exonerated by the court if no formal action or proceeding is instituted against the defendant or if such an action or proceeding is dismissed, except that the court may delay exoneration of the bail for a period not to exceed 30 days under certain circumstances.
κ2019 Statutes of Nevada, Page 650 (CHAPTER 121, AB 17)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.502 is hereby amended to read as follows:
178.502 1. A person required or permitted to give bail shall execute a bond for the persons appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.498, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.
2. Any bond or undertaking for bail must provide that the bond or undertaking:
(a) Extends to any action or proceeding in a justice court, municipal court or district court [:
(1) Arising] arising from the charge on which bail was first given in any of these courts; and
[(2) Arising from a later charge, filed before the expiration of the periods provided in subsection 4, which is substantially similar to the charge upon which bail was first given and is based upon the same act or omission as that charge; and]
(b) Remains in effect until exonerated by the court.
Κ This subsection does not require that any bond or undertaking extend to proceedings on appeal.
3. If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.
4. [If] Except as otherwise provided in subsection 5, the court shall exonerate the bond or undertaking for bail if:
(a) The action or proceeding against a defendant who has been admitted to bail is dismissed [, the bail must not be exonerated until a period of 30 days has elapsed from the entry of the order of dismissal unless the defendant requests that bail be exonerated before the expiration of the 30-day period. If no] ; or
(b) No formal action or proceeding is instituted against a defendant who has been admitted to bail . [, the bail must not be exonerated until a period of 30 days has elapsed from the day the bond or undertaking is posted unless the defendant requests that bail be exonerated before the expiration of the 30-day period.
5. If, within the periods provided in subsection 4, the defendant is charged with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the prosecuting attorney shall forthwith notify the clerk of the court where the bond was posted,]
5. The court may delay exoneration of the bond or undertaking for bail for a period not to exceed 30 days if, at the time the action or proceeding against a defendant who has been admitted to bail is dismissed, the defendant:
κ2019 Statutes of Nevada, Page 651 (CHAPTER 121, AB 17)κ
(a) Has been indicted or is charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given; or
(b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given.
Κ If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or charged, and the bond or undertaking must be transferred to the clerk of the appropriate court. Within 10 days after its receipt, the clerk of the court to whom the bail is transferred shall mail or electronically transmit notice of the transfer to the surety on the bond and the bail agent who executed the bond.
6. Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.
________
Assembly Bill No. 34Committee on Government Affairs
CHAPTER 122
[Approved: May 23, 2019]
AN ACT relating to governmental financial administration; authorizing the State Treasurer to invest in certain securities issued or guaranteed by certain supranational organizations or issued by a foreign financial institution, corporation or government; authorizing certain political subdivisions of the State to invest in such securities; expanding the types of governmental entities authorized to invest in certain additional securities; revising the requirements for certain investments; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Treasurer is responsible for the investment of money of the State unless a specific statute imposes this responsibility on some other person with respect to particular money. (NRS 226.110) The State Treasurer is also responsible for the investment of certain money that the State holds in trust, such as the money in the Nevada Higher Education Prepaid Tuition Trust Fund. (NRS 353.160) In addition, existing law authorizes the State Treasurer to invest all money of the States General Portfolio in specified categories of securities. (NRS 355.140) Existing law provides separate authorization for the State Treasurer to invest money held in certain funds, such as the Nevada Higher Education Prepaid Tuition Trust Fund and the State Permanent School Fund. (NRS 353B.160, 355.060)
κ2019 Statutes of Nevada, Page 652 (CHAPTER 122, AB 34)κ
Existing law authorizes the governing body of certain local governments to invest money only in certain specified securities. (NRS 355.170) Existing law similarly authorizes a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city to invest money in certain additional securities. (NRS 355.171)
The Board of Trustees of the College Savings Plans of Nevada is required to develop policies for investment to be followed by the State Treasurer in investing money in the Nevada Higher Education Prepaid Tuition Trust Fund. (NRS 353B.160) Section 1 of this bill expands the list of authorized investments for the Trust Fund to include: (1) certain bonds, notes and other obligations that are issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank; and (2) certain bonds, notes and other obligations, commonly called Yankee bonds, that are issued by a foreign financial institution, corporation or government. Sections 2 and 3 of this bill similarly expand the list of authorized investments for money in the State Permanent School Fund and money invested through the General Portfolio. Section 3 also increases, from 20 to 25 percent, the maximum share of the aggregate value of the General Portfolio that is authorized to be invested in the commercial paper, notes, bonds or other obligations of certain corporations and depository institutions operating in the United States.
Section 4 of this bill authorizes the governing body of certain local governments and certain administrative entities established by cooperative agreements entered into by cities and counties to invest in the additional types of securities described above. Section 6 of this bill makes a conforming change. Sections 4 and 5 of this bill increase, from 20 to 25 percent, the maximum share of the aggregate value of the portfolios of certain local governments that is authorized to be invested in the commercial paper, notes, bonds or other obligations of certain corporations and depository institutions and require that not more than 5 percent of the value of such a portfolio be in the obligations of a single corporation or depository institution. Section 5 also authorizes additional local governments and certain administrative entities established by cooperative agreements entered into by cities and counties to invest in certain securities, which, under existing law, are authorized investments only for certain boards of county commissioners, boards of trustees of certain county school districts and the governing bodies of certain incorporated cities.
Existing law places various requirements on money in the States General Portfolio and the investment of the money of certain local governments. (NRS 355.140, 355.170, 355.171) Sections 3-5 eliminate the requirement that certain securities be sold as soon as possible if the rating of the security falls below the level required by existing law. Sections 3-5 instead require that the State Treasurer or local government, as applicable, take certain actions to preserve the principal value and the integrity of the portfolio as a whole and report such actions to the State Board of Finance.
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 353B.160 is hereby amended to read as follows:
353B.160 1. The Board shall create a comprehensive plan that specifies the policies for investment which the State Treasurer shall follow in administrating the Trust Fund.
2. The Board may authorize the State Treasurer to invest the property of the Trust Fund in:
κ2019 Statutes of Nevada, Page 653 (CHAPTER 122, AB 34)κ
(a) A bond, note, certificate or other general obligation of the State of Nevada, or of a county, city, general improvement district or school district of the State of Nevada.
(b) A corporate bond of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States with a rating not lower than A or its equivalent by a nationally recognized rating service. The total amount invested in such bonds must not exceed 50 percent of the book value of the total fixed income investments of the Trust Fund.
(c) Commercial paper of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States or of a wholly owned subsidiary of such a corporation with a rating not lower than A-3 or P-3 by a nationally recognized rating service.
(d) A bond, note, debenture or other valid obligation that is issued by the Treasury of the United States.
(e) A bond, note, debenture or other security that is issued by an agency or instrumentality of the United States or that is fully guaranteed by the United States in:
(1) The Federal Farm Credit [Bank;] Banks Funding Corporation;
(2) The Federal National Mortgage Association;
(3) The Federal Home Loan [Bank;] Banks;
(4) The Federal Home Loan Mortgage Corporation; or
(5) The Government National Mortgage Association.
(f) A bond, note, debenture or other security in the Student Loan Marketing Association, regardless of whether it is guaranteed by the United States.
(g) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the Trust Fund at the time of purchase.
(h) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) Is publicly traded;
(5) Is purchased from a registered broker-dealer;
(6) At the time of purchase has a remaining term to maturity of 5 years or less; and
(7) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
κ2019 Statutes of Nevada, Page 654 (CHAPTER 122, AB 34)κ
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the Trust Fund as determined at the time of purchase.
(i) Collateralized mortgage obligations that are rated AAA or its equivalent by a nationally recognized rating service.
[(h)] (j) Asset-backed securities that are rated AAA or its equivalent by a nationally recognized rating service.
[(i)] (k) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as A or its equivalent, or better; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
Κ The total dollar amount invested in such mutual funds must not exceed 20 percent of the total dollar amount of the Trust Fund that is invested.
[(j)] (l) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated [Quotations] Quotation System, NASDAQ;
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 60 percent of the book value of the total investments of the Trust Fund;
(4) Except for investments made pursuant to paragraph [(m),] (o), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and
(5) Except for investments made pursuant to paragraph [(m),] (o), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.
[(k)] (m) A covered call or put option on securities that are traded on one or more of the regulated exchanges in the United States.
[(l)] (n) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the Board as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.
[(m)] (o) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to [(l),] (n), inclusive.
3. The State Treasurer shall exercise the standard of care in investing the property of the Trust Fund that a person of prudence, discretion and intelligence would exercise in the management of his or her own affairs, given the prevailing circumstances, not in regard to speculation but rather to the permanent disposition of the property, considering the potential income from and the probable safety of his or her capital.
κ2019 Statutes of Nevada, Page 655 (CHAPTER 122, AB 34)κ
4. Subject to the terms, conditions, limitations and restrictions set forth in this section, the State Treasurer may sell, assign, transfer or dispose of the property and investments of the Trust Fund upon the approval of a majority of the Board.
5. The assets of the Trust Fund:
(a) Must be maintained, invested and expended solely for the purposes of NRS 353B.010 to 353B.190, inclusive; and
(b) Must not be loaned, transferred or otherwise used for a purpose other than the purposes of NRS 353B.010 to 353B.190, inclusive.
6. The State Treasurer shall credit any income derived from an investment or a gain from a sale or exchange of an investment to the Trust Fund.
7. The State Treasurer shall acquire each investment for the Trust Fund at a price not to exceed the prevailing market value for such an investment.
8. Each investment in the Trust Fund must be clearly marked to indicate ownership by the Trust Fund.
9. The State Treasurer, an employee of the State Treasurer, or a member or employee of the Board shall not:
(a) Have a direct or indirect interest in the income, gain or profit of an investment that the State Treasurer makes;
(b) Receive pay or emolument for his or her services in connection with an investment that the State Treasurer makes; or
(c) Become an endorser, surety or obligor for money that is borrowed from the Trust Fund.
10. If the annual actuarial study performed pursuant to NRS 353B.190 reveals that there is insufficient money to ensure the actuarial soundness of the Trust Fund, the Board shall modify the terms of subsequent prepaid tuition contracts.
11. The terms, conditions, limitations and restrictions regarding investments of the Trust Fund listed in this section apply only at the time an investment is originally acquired and must not be construed to require the liquidation of an investment at any time.
Sec. 2. NRS 355.060 is hereby amended to read as follows:
355.060 1. The State Controller shall notify the State Treasurer monthly of the amount of uninvested money in the State Permanent School Fund.
2. Whenever there is a sufficient amount of money for investment in the State Permanent School Fund, the State Treasurer shall proceed to negotiate for the investment of the money in:
(a) United States bonds.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
κ2019 Statutes of Nevada, Page 656 (CHAPTER 122, AB 34)κ
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) Is publicly traded;
(5) Is purchased from a registered broker-dealer;
(6) At the time of purchase has a remaining term to maturity of 5 years or less; and
(7) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States.
[(c)] (e) Bonds of this state or of other states.
[(d)] (f) Bonds of any county of the State of Nevada.
[(e)] (g) United States treasury notes.
[(f)] (h) Farm mortgage loans fully insured and guaranteed by the Farm Service Agency of the United States Department of Agriculture.
[(g)] (i) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
[(h)] (j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
[(i)] (k) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated [Quotations] Quotation System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
κ2019 Statutes of Nevada, Page 657 (CHAPTER 122, AB 34)κ
(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the State Permanent School Fund;
(4) Except for investments made pursuant to paragraph [(k),] (m), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the State Permanent School Fund; and
(5) Except for investments made pursuant to paragraph [(k),] (m), the total amount of shares owned by the State Permanent School Fund is not greater than 5 percent of the outstanding stock of a single corporation.
[(j)] (l) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.
[(k)] (m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to [(j),] (l), inclusive.
[(l)] (n) The limited partnerships or limited-liability companies described in NRS 355.280.
3. The State Treasurer shall not invest any money in the State Permanent School Fund pursuant to paragraph [(i), (j) or] (k) , (l) or (m) of subsection 2 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to paragraph [(i), (j) or] (k) , (l) or (m) of subsection 2. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
4. In addition to the investments authorized by subsection 2, the State Treasurer may make loans of money from the State Permanent School Fund to school districts pursuant to NRS 387.526.
5. No part of the State Permanent School Fund may be invested pursuant to a reverse-repurchase agreement.
Sec. 3. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the State Insurance Fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Agricultural Mortgage Corporation, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
κ2019 Statutes of Nevada, Page 658 (CHAPTER 122, AB 34)κ
(e) Bonds of any county of this state or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;
(k) Loans bearing interest at a rate determined by the State Board of Finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined [on] at the [date] time of purchase;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
κ2019 Statutes of Nevada, Page 659 (CHAPTER 122, AB 34)κ
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed [20] 25 percent of the total par value of the portfolio as determined [on] at the [date] time of purchase . [, and if] If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, [it must be sold as soon as possible;] the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed [20] 25 percent of the total par value of the portfolio [, and if] as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, [it must be sold as soon as possible;] the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(q) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase;
(r) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) Is publicly traded;
(5) Is purchased from a registered broker-dealer;
(6) At the time of purchase has a remaining term to maturity of 5 years or less; and
κ2019 Statutes of Nevada, Page 660 (CHAPTER 122, AB 34)κ
(7) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investment pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase;
(s) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;
[(r)] (t) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and
[(s)] (u) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements are proper and lawful investments of money of the State and the State Insurance Fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The State Treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the State Treasurer;
(2) The State Treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the State Treasurer and the State Board of Finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the State Treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act, 11 U.S.C. §§ 101 et seq.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The State must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the State when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the State concerning the market value of the securities;
κ2019 Statutes of Nevada, Page 661 (CHAPTER 122, AB 34)κ
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. As used in subsection 2:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the State or State Insurance Fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 of NRS.
Sec. 4. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in this section and NRS 354.750 and 355.171, the governing body of a local government or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, that is not a local government may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years after the date of purchase.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, §§ 77a et seq., as amended;
(4) Is publicly traded;
(5) Is purchased from a registered broker-dealer;
κ2019 Statutes of Nevada, Page 662 (CHAPTER 122, AB 34)κ
(6) At the time of purchase has a remaining term to maturity of 5 years or less; and
(7) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
[(c)] (e) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years after the date of purchase.
[(d)] (f) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years after the date of purchase.
[(e)] (g) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks.
[(f)] (h) Securities which have been expressly authorized as investments for local governments by any provision of Nevada Revised Statutes or by any special law.
[(g)] (i) Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions, insured savings and loan associations or insured savings banks, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the local government purchasing the certificates.
[(h)] (j) Subject to the limitations contained in NRS 355.177, negotiable notes or medium-term obligations issued by local governments of the State of Nevada pursuant to NRS 350.087 to 350.095, inclusive.
[(i)] (k) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 20 percent of the money available to a local government for investment as determined [on] at the [date] time of purchase.
[(j)] (l) Obligations of state and local governments:
(1) If:
(I) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(II) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies; or
κ2019 Statutes of Nevada, Page 663 (CHAPTER 122, AB 34)κ
(2) If the obligation is secured by the proceeds that are paid into the tax increment account of a tax increment area created by a municipality pursuant to NRS 278C.220.
[(k)] (m) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) [Is purchased from a registered broker-dealer;
(2)] At the time of purchase has a remaining term to maturity of no more than 270 days; and
[(3)] (2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed [20] 25 percent of the total par value of the portfolio as determined [on] at the [date] time of purchase, and [if] not more than 5 percent of the total par value of the portfolio may be invested in commercial paper issued by any one corporation or depository institution. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, [it must be sold as soon as possible.
(l)] the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph.
(n) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).
[(m)] (o) Obligations of the Federal Agricultural Mortgage Corporation.
2. Repurchase agreements are proper and lawful investments of money of a governing body of a local government for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The governing body of the local government shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements;
κ2019 Statutes of Nevada, Page 664 (CHAPTER 122, AB 34)κ
(2) The governing body of the local government has determined to have adequate capitalization and earnings and appropriate assets to be highly creditworthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the governing body of the local government pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the governing body of the local government and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The governing body of the local government must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the governing body of the local government when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the governing body of the local government concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs (a), [(b)] (d) and [(c)] (e) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the governing body of the local government, there is sufficient money in any fund of the local government to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
4. When the governing body of the local government has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the governing body of the local government, be credited to the fund from which the principal was taken or to the general fund of the local government.
κ2019 Statutes of Nevada, Page 665 (CHAPTER 122, AB 34)κ
6. The governing body of a local government may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the local government.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
8. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Local government has the meaning ascribed to it in NRS 354.474.
(c) Repurchase agreement means a purchase of securities by the governing body of a local government from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 5. NRS 355.171 is hereby amended to read as follows:
355.171 1. Except as otherwise provided in this section, [a board of county commissioners, a board of trustees of a county school district or] the governing body of [an incorporated city] a local government or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, that is not a local government may purchase for investment:
(a) Notes, bonds and other unconditional obligations for the payment of money issued by corporations organized and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of no more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better.
(b) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent.
(c) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. With respect to investments purchased pursuant to paragraph (a) of subsection 1:
(a) Such investments must not, in aggregate value, exceed [20] 25 percent of the total par value of the portfolio as determined [on] at the [date] time of purchase;
(b) Not more than [25] 5 percent of [such investments] the total par value of the portfolio may be in notes, bonds and other unconditional obligations issued by any one corporation; and
(c) If the rating of an obligation is reduced to a level that does not meet the requirements of that paragraph, the [obligation] investment adviser must , [be sold] as soon as possible [.]
κ2019 Statutes of Nevada, Page 666 (CHAPTER 122, AB 34)κ
must , [be sold] as soon as possible [.] , report the reduction in the rating to the governing body of the local government that purchased the investment.
3. Subsections 1 and 2 do not:
(a) Apply to a:
(1) Board of county commissioners of a county whose population is less than 100,000;
(2) Board of trustees of a county school district in a county whose population is less than 100,000; [or]
(3) Governing body of an incorporated city whose population is less than 150,000 [,] ;
(4) Governing body of a local government not specified in subparagraph (1), (2) or (3) if the population subject to the jurisdiction of the governing body or served by the governing body is less than 100,000; or
(5) Governing body of an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, if the population subject to the jurisdiction of the governing body or served by the governing body is less than 150,000,
Κ unless the purchase is effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments or by an investment adviser who is registered with the Securities and Exchange Commission and approved by the State Board of Finance.
(b) Authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
4. As used in this section, local government has the meaning ascribed to it in NRS 354.474.
Sec. 6. NRS 355.176 is hereby amended to read as follows:
355.176 Any money held by a local government pursuant to a deferred compensation plan may be invested in the types of investments set forth in paragraphs (a) to [(f),] (h), inclusive, of subsection 1 of NRS 355.170 and may additionally be invested in corporate stocks, bonds and securities, mutual funds, savings and loan or savings bank accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust or other security interests in real or personal property.
Sec. 7. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 667κ
Assembly Bill No. 39Committee on Government Affairs
CHAPTER 123
[Approved: May 23, 2019]
AN ACT relating to governmental financial administration; revising provisions governing the deposit of state money by the State Treasurer; revising provisions relating to the holding of certain securities as collateral against deposits of public money in certain circumstances; revising the provisions governing the program established by the State Treasurer for the monitoring of certain collateral maintained by certain depositories; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, all money under the control of the State Treasurer that belongs to the State of Nevada is required to be deposited in any state or national banks, any insured credit unions, any insured savings and loan associations or any insured savings banks in Nevada, and with certain approval, outside Nevada. (NRS 356.010) Section 1 of this bill limits the types of state or national banks in which state money is required to be deposited to insured state or national banks. Section 3 of this bill makes a conforming change.
Existing law requires that money deposited by the State Treasurer or a county treasurer which is not within the limits of insurance provided by an instrumentality of the United States be secured by collateral composed of certain types of securities. These securities are authorized to be pledged by the depository holding the uninsured public money with the State Treasurer or county treasurer, as applicable, or held in trust by certain financial entities. (NRS 356.020, 356.133) As an alternative method, a depository is authorized under existing law to arrange for a third-party depository to hold certain securities as collateral for the uninsured balances of specified public entities on behalf of the depository for the benefit of a collateral pool pursuant to regulations adopted by the State Treasurer. (NRS 356.300-356.390; NAC 356.010-356.180) Trust companies are one of the entities under existing law that may serve as a third-party depository in the collateral pool program. (NRS 356.340) Sections 2 and 4 of this bill include trust companies as one of the entities with which a depository that is not participating in the collateral pool program is authorized to pledge securities as such collateral. Sections 2, 4 and 5 of this bill also include certain registered broker-dealers as entities that are authorized to hold securities as such collateral on behalf of depositories.
Sections 6-8 of this bill clarify the depositories to which the collateral pool program established by the State Treasurer apply. (NRS 356.350-356.370) As part of the collateral pool program, depositories are required to submit certain periodic reports to the State Treasurer. (NRS 356.360) Section 7 of this bill: (1) changes the contents of the monthly report that such a depository is required to submit to the State Treasurer to a list of accounts at the depository that hold public money; and (2) requires a depository to direct a third-party depository that holds certain securities in trust for the depository to submit directly to the State Treasurer the monthly report that is currently required to be submitted by the depository under existing law which lists those securities held in trust for the depository by the third-party depository.
κ2019 Statutes of Nevada, Page 668 (CHAPTER 123, AB 39)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 356.010 is hereby amended to read as follows:
356.010 1. All money under the control of the State Treasurer belonging to the State must be deposited in any insured state or national banks, any insured credit unions, any insured savings and loan associations or any insured savings banks in this State or, if approved by the State Board of Finance, in any insured banks, insured credit unions, insured savings and loan associations or insured savings banks outside of this State.
2. The State Treasurer may, with the approval of the State Board of Finance, enter into an agreement with [a] an insured bank, insured credit union, insured savings and loan association or insured savings bank to:
(a) Arrange for the redeposit of any money under the control of the State Treasurer that exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750 into one or more insured deposit accounts in one or more insured state or national banks, credit unions, insured savings and loan associations or insured savings banks; and
(b) Ensure that the total amount of money redeposited and any interest accrued on the money is within the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750.
3. The depository banks, credit unions, savings and loan associations or savings banks may, if authorized by a contract negotiated with the State Treasurer, receive compensation for handling, collecting and paying all checks, drafts and other exchange. The compensation may be provided through the use of a compensating balance or a fixed-rate fee, or any combination thereof.
Sec. 2. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the State Treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) United States treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025;
(e) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;
(f) Collateralized mortgage obligations or real estate mortgage investment conduits that are rated AAA, Aaa or its equivalent by a nationally recognized rating service;
(g) Instruments in which the State is permitted by NRS 355.140 to invest; or
κ2019 Statutes of Nevada, Page 669 (CHAPTER 123, AB 39)κ
(h) Irrevocable letters of credit from any Federal Home Loan Bank with the State Treasurer named as the beneficiary.
2. Collateral deposited by the depository bank, credit union, savings and loan association or savings bank must be pledged with the State Treasurer or with a trust company, a broker-dealer registered under 15 U.S.C. § 78o(b)(1), any Federal Home Loan Bank [,] or any insured bank , [or any insured] credit union, savings and loan association or savings bank, other than the depository bank, credit union, savings and loan association or savings bank, which will accept the securities in trust for the purposes of this section.
3. The fair market value of the deposit of securities as collateral by each depository bank, credit union, savings and loan association or savings bank must be at least the amount required pursuant to NRS 356.300 to 356.390, inclusive. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be 75 percent of the unpaid principal of the notes.
4. All securities to be used as such collateral are subject to review by the State Treasurer. The depository bank, credit union, savings and loan association or savings bank shall submit reports to the State Treasurer as required pursuant to NRS 356.300 to 356.390, inclusive.
5. The State Treasurer may, from time to time, require the deposit of additional securities as collateral if, in his or her judgment, the additional securities are necessary to secure the State Treasurers deposit.
Sec. 3. NRS 356.090 is hereby amended to read as follows:
356.090 In consideration of no exchange or collection charges being made on checks or coupons of, or remittance to, the State, any insured banks, insured credit unions, insured savings and loan associations or insured savings banks at the state capital may be relieved by the State Treasurer, with the approval of the State Board of Finance, from the payment of any interest on amounts deposited with them.
Sec. 4. NRS 356.133 is hereby amended to read as follows:
356.133 1. All money deposited by a county treasurer that is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) United States treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;
(b) Bonds of this state;
(c) Bonds of a county, municipality or school district within this state;
(d) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;
(e) Instruments in which the county is authorized by NRS 355.170 to invest; or
(f) Irrevocable letters of credit from any Federal Home Loan Bank with the State Treasurer named as the beneficiary.
2. Collateral deposited by the depository bank, credit union, savings and loan association or savings bank must be pledged with the county treasurer or with a trust company, a broker-dealer registered under 15 U.S.C. § 78o(b)(1), a Federal Home Loan Bank [,] or any insured bank, insured credit union, insured savings and loan association or insured savings bank, other than the depository bank, credit union, savings and loan association or savings bank, which will accept the securities in trust for the purposes of this section.
κ2019 Statutes of Nevada, Page 670 (CHAPTER 123, AB 39)κ
15 U.S.C. § 78o(b)(1), a Federal Home Loan Bank [,] or any insured bank, insured credit union, insured savings and loan association or insured savings bank, other than the depository bank, credit union, savings and loan association or savings bank, which will accept the securities in trust for the purposes of this section.
3. The fair market value of the deposit of securities as collateral by each depository bank, credit union, savings and loan association or savings bank must be at least the amount required pursuant to NRS 356.300 to 356.390, inclusive.
4. All securities to be used as such collateral are subject to review by the county treasurer and the board of county commissioners. The depository bank, credit union, savings and loan association or savings bank shall submit reports to the State Treasurer as required pursuant to NRS 356.300 to 356.390, inclusive. The State Treasurer will provide periodic reports to the county treasurer showing the securities which constitute the collateral and their fair market value.
5. The county treasurer or the board of county commissioners may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the county treasurers deposit.
Sec. 5. NRS 356.340 is hereby amended to read as follows:
356.340 Third-party depository means a trust company , a broker-dealer registered under 15 U.S.C. § 78o(b)(1) or trust department of a state, national or federal reserve district bank which is authorized to hold acceptable securities on behalf of a depository for the benefit of a collateral pool pursuant to regulations adopted by the State Treasurer under NRS 356.390.
Sec. 6. NRS 356.350 is hereby amended to read as follows:
356.350 The State Treasurer shall establish a program for the monitoring of collateral maintained by [depositories.] a depository for the uninsured balances of public money upon the request of the public entity that deposited the public money with the depository.
Sec. 7. NRS 356.360 is hereby amended to read as follows:
356.360 The program established pursuant to NRS 356.350 must provide that:
1. Each depository that participates in the program is required to maintain as collateral acceptable securities having a fair market value that is at least 102 percent of the amount of the uninsured balances of the public money held by the depository;
2. A depository [may] shall satisfy the requirement set forth in subsection 1 by arranging for a third-party depository to hold acceptable securities on behalf of the depository for the benefit of a collateral pool pursuant to regulations adopted by the State Treasurer under NRS 356.390;
3. No depository that participates in the program may, at any one time, hold public money in an amount exceeding the total equity of the depository, as reflected on the financial statement of the depository;
κ2019 Statutes of Nevada, Page 671 (CHAPTER 123, AB 39)κ
4. Each depository that participates in the program is required to [submit] :
(a) Submit to the State Treasurer, in the form and manner prescribed by the State Treasurer, the following reports:
[(a)] (1) A daily report of the total amount of public money held by the depository;
[(b)] (2) If requested by the State Treasurer, a weekly summary report of the total fair market value of acceptable securities held by a third-party depository on behalf of the depository;
[(c)] (3) A monthly report setting forth a list of [acceptable securities, including, without limitation, the fair market value of those securities, held by the depository or held by any third-party depository on behalf of the depository; and
(d)] accounts at the depository that hold public money; and
(4) A current annual report containing the financial statement of the depository; and
(b) Direct any third-party depository that holds acceptable securities on behalf of the depository to submit a monthly report to the State Treasurer setting forth a list of those securities, including, without limitation, the fair market value of those securities; and
5. The State Treasurer may impose an administrative fine not to exceed:
(a) One hundred dollars per day against a depository that fails to submit or fails to direct the submission of in a timely manner a report required by subsection 4; and
(b) Two hundred fifty dollars per day against a depository that fails to maintain the collateral required by subsection 1.
Sec. 8. NRS 356.370 is hereby amended to read as follows:
356.370 1. Once each fiscal year, the State Treasurer shall levy a pro rata assessment against each depository that [held public money] participated in the program established pursuant to NRS 356.350 at any time during the immediately preceding fiscal year.
2. The amount of the assessment levied pursuant to subsection 1 must be based on the average weekly deposits of public money held by a depository.
3. The State Treasurer shall provide to each depository a notice setting forth:
(a) The amount of the assessment levied against the depository pursuant to subsection 1; and
(b) The provisions of NRS 356.380.
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2. On July 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 672κ
Assembly Bill No. 58Committee on Natural Resources, Agriculture, and Mining
CHAPTER 124
[Approved: May 23, 2019]
AN ACT relating to state parks; revising provisions governing violations of regulations adopted by the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to adopt regulations that may include, among other things, prohibitions and restrictions relating to activities within any of the park or recreational facilities subject to the jurisdiction of the Division. Existing law also provides that a person whose conduct violates such a regulation, and who refuses to comply with the regulation when requested to do so by certain rangers or employees of the Division, is guilty of a misdemeanor. (NRS 407.0475) This bill removes the requirement that the person refuse to comply with the regulation before criminal liability may attach.
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 407.0475 is hereby amended to read as follows:
407.0475 1. The Administrator shall adopt such regulations as he or she finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the Division. Except as otherwise provided in subsection 2, the regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the Division.
2. Any regulations relating to the conduct of persons within the park or recreational facilities must:
(a) Be directed toward one or both of the following:
(1) Prevention of damage to or misuse of the facility.
(2) Promotion of the inspiration, use and enjoyment of the people of this State through the preservation and use of the facility.
(b) Apply separately to each park, monument or recreational area and be designed to fit the conditions existing at that park, monument or recreational area.
(c) Not establish restrictions on the possession of firearms within the park or recreational facility which are more restrictive than the laws of this State relating to:
(1) The possession of firearms; or
(2) Engaging in lawful resistance to prevent an offense against a person or property.
Κ Any regulation which violates the provisions of this paragraph is void.
κ2019 Statutes of Nevada, Page 673 (CHAPTER 124, AB 58)κ
3. Any person whose conduct violates any regulation adopted pursuant to subsection 1 [, and who refuses to comply with the regulation upon request by any ranger or employee of the Division who has the powers of a peace officer pursuant to NRS 289.260,] is guilty of a misdemeanor.
Sec. 2. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 114Assemblyman Ellison
CHAPTER 125
[Approved: May 23, 2019]
AN ACT relating to education; requiring the reporting of certain information concerning courses and training related to suicide among pupils; requiring the reporting of certain information relating to suicide, attempted suicide and suicidal ideation by pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Education to adopt regulations establishing certain courses of study, including a course of study in the prevention of suicide, and the grade levels for which the courses of study apply. (NRS 389.021)
Existing law authorizes the governing body of a regional training program to facilitate and coordinate access to information by teachers and administrators concerning issues related to suicide by pupils. (NRS 391A.185) This bill requires the board of trustees of each school district and the governing body of each charter school to submit to the Department of Education certain information concerning: (1) courses of study for pupils in the prevention of suicide; (2) training for teachers and administrators in the prevention of suicide among pupils; and (3) incidents of suicide, attempted suicide and suicidal ideation by pupils. This bill also requires the Department to compile that information into a report and submit that report to the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 3.5. 1. On or before March 1, 2020, the board of trustees of each school district and the governing body of each charter school shall submit to the Department of Education a report concerning:
(a) Courses of study in the prevention of suicide offered to pupils enrolled in the school district or charter school during the 2019-2020 school year pursuant to paragraph (d) of subsection 1 of NRS 389.021;
(b) Training provided during the 2019-2020 school year to teachers and administrators employed by the school district or charter school concerning the prevention of suicide by pupils, including without limitation:
(1) A statement of whether the school district or charter school provides such training;
κ2019 Statutes of Nevada, Page 674 (CHAPTER 125, AB 114)κ
(2) The amount of time that teachers and administrators receive such training;
(3) The number of administrators who received such training;
(4) The number of teachers who received such training;
(5) A description of the content of the training;
(6) An identification of any person or entity, other than employees of the school district or charter school, as applicable, who provides such training; and
(7) A description of any plan to implement, revise or improve such training; and
(c) The number of incidents of suicide, attempted suicide or suicidal ideation by pupils enrolled in the school district or charter school, as applicable, during the 2019-2020 school year.
2. On or before April 1, 2020, the Department shall compile a report of the information received pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education.
Sec. 4. This act becomes effective on July 1, 2019.
________
Senate Bill No. 392Senator Woodhouse
CHAPTER 126
[Approved: May 23, 2019]
AN ACT relating to real property; revising provisions relating to the employment of persons by the Real Estate Division of the Department of Business and Industry; revising provisions relating to the legal representation of the Division; authorizing the creation of a task force to study certain issues; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels within the Real Estate Division of the Department of Business and Industry to investigate and resolve disputes between certain parties in common-interest communities and condominium hotels. (NRS 116.625, 116.765) Existing law also: (1) authorizes the Division to employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of chapters 116 and 116B of NRS; and (2) requires the Attorney General to act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of chapters 116 and 116B. (NRS 116.620, 116B.810) Sections 1.3 and 1.5 of this bill provide that: (1) at least one person employed by the Division must be a certified public accountant or have training, expertise and experience in performing audits; (2) the Attorney General must designate one of his or her deputies to serve as legal counsel for the Division, and the deputy so designated must have legal experience and expertise in cases involving fraud or fiscal malfeasance; and (3) the designated deputy attorney general must assist the Ombudsman in performing certain statutory duties of the Ombudsman.
Section 1.7 of this bill authorizes the creation of a task force to study issues of concern to common-interest communities in this State.
κ2019 Statutes of Nevada, Page 675 (CHAPTER 126, SB 392)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.3. NRS 116.620 is hereby amended to read as follows:
116.620 1. Except as otherwise provided in this section and within the limits of legislative appropriations and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter. At least one person employed pursuant to this subsection or NRS 116B.810 must be a certified public accountant certified to practice in this State pursuant to the provisions of chapter 628 of NRS or have training, expertise and experience in performing audits.
2. The Attorney General shall designate one of his or her deputies to act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter. The Deputy Attorney General so designated must have legal experience and expertise in cases involving fraud or fiscal malfeasance.
3. The [Attorney General] deputy attorney general designated pursuant to subsection 2 shall [render] :
(a) Render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the [Attorney General] deputy attorney general by the Commission or the Division.
(b) Assist the Ombudsman in performing his or her duties to assist in the resolution of affidavits filed pursuant to NRS 116.760 and to prepare reports required pursuant to NRS 116.765.
Sec. 1.5. NRS 116B.810 is hereby amended to read as follows:
116B.810 1. Except as otherwise provided in this section and within the limits of legislative appropriations and any other money available for this purpose, the Division may employ experts, attorneys, investigators, consultants and other personnel as are necessary to carry out the provisions of this chapter. At least one person employed pursuant to this subsection or NRS 116.620 must be a certified public accountant certified to practice in this State pursuant to the provisions of chapter 628 of NRS or have training, expertise and experience in performing audits.
2. The Attorney General shall designate one of his or her deputies to act as the attorney for the Division in all actions and proceedings brought against or by the Division pursuant to the provisions of this chapter. The deputy attorney general so designated must have legal experience and expertise in cases involving fraud or fiscal malfeasance.
3. The [Attorney General] deputy attorney general designated pursuant to subsection 2 shall [render] :
(a) Render to the Commission and the Division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to the [Attorney General] deputy attorney general by the Commission or the Division.
κ2019 Statutes of Nevada, Page 676 (CHAPTER 126, SB 392)κ
(b) Assist the Ombudsman in performing his or her duties to assist in the resolution of affidavits filed pursuant to NRS 116B.885 and to prepare reports required pursuant to NRS 116B.890.
Sec. 1.7. 1. The Director of the Department of Business and Industry may establish a task force to study issues of concern to common-interest communities in this State and, if appropriate, to recommend the enactment of legislation or adoption of regulations that would be beneficial to common-interest communities in this State.
2. If the Director establishes a task force pursuant to subsection 1:
(a) The Director shall serve as Chair of the task force.
(b) The task force must include members who are representatives from:
(1) The Real Estate Division of the Department of Business and Industry.
(2) The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels.
(3) The Office of the Attorney General.
(4) The common-interest community industry, appointed by the Director.
(c) The task force shall meet at such times as deemed necessary by the Chair.
(d) Members of the task force serve without compensation.
Secs. 2-16. (Deleted by amendment.)
Sec. 17. This act becomes effective on July 1, 2019.
________
Senate Bill No. 416Senators Parks, Woodhouse, Spearman, Ratti; Cannizzaro, Denis, Dondero Loop, D. Harris and Washington
CHAPTER 127
[Approved: May 23, 2019]
AN ACT relating to public retirement systems; eliminating a provision that ceases the payment of benefits to the child of a deceased member of a public retirement system upon the childs adoption; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, each child of a deceased member of the Public Employees Retirement System is entitled to receive certain benefits following the members death. Existing law also provides that payment of such benefits ceases if the child is adopted, dies, marries or, with certain exceptions, turns 18 years of age. (NRS 286.673) This provision also governs the payment of benefits to the children of certain deceased members of the Judicial Retirement System, other than justices and judges who are members of the Judicial Retirement Plan, and to the children of certain deceased legislators who are members of the Legislators Retirement System. (NRS 2.075, 2A.130, 3.097, 218C.580) Section 1 of this bill eliminates the provision that ceases the payment of benefits to such children upon their adoption.
Under existing law, each child of a deceased member of the Judicial Retirement Plan is entitled to receive certain benefits following the members death. Existing law also provides that payment of such benefits cease if the child is adopted, dies, marries or, with certain exceptions, turns 18 years of age.
κ2019 Statutes of Nevada, Page 677 (CHAPTER 127, SB 416)κ
or, with certain exceptions, turns 18 years of age. (NRS 1A.580) Section 2 of this bill eliminates the provision that ceases the payment of benefits to such children upon their adoption.
Section 3 of this bill requires the Public Employees Retirement Board to resume the payment of benefits in accordance with the provisions of this bill to any child of a deceased member of the Public Employees Retirement System, Judicial Retirement System or Legislators Retirement System whose payment of benefits ceased upon the childs adoption in accordance with the provisions of applicable law as they existed before the effective date of this bill, if: (1) the child is entitled to receive such payments in accordance with the provisions of this bill; and (2) the child, or the surviving parent or legal guardian of the child, applies for the resumption of such payments in accordance with procedures established by the Board. Section 3 also requires the Board to provide notice of the provisions of this bill to each such child or the surviving parent or legal guardian of each such child whose payments of benefits ceased upon the childs adoption in accordance with the provisions of applicable law as they existed before the effective date of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.673 is hereby amended to read as follows:
286.673 1. Except as limited by NRS 286.6775, each child of a deceased member is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the members death.
2. Payments to any child cease on the last day of the month of:
(a) The childs [adoption;
(b) The childs] death;
[(c)] (b) The childs marriage; or
[(d)] (c) Except as otherwise provided in subsection 3, 4 or 5, the childs attaining the age of 18 years.
3. Except as otherwise provided in subsection 4, these benefits may be paid to the child of a deceased member until the last day of the month of the childs 23rd birthday if, at the time that the child attains 18 years, the child is, and continues thereafter to be, a full-time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. If the Board ceases the payment of benefits to a child of a deceased member who received benefits pursuant to subsection 3 because the child ceased being a full-time student, the Board may resume the payment of such benefits until the last day of the month of the childs 23rd birthday if the child returns to full-time status at an accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
5. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as the child is determined by the System to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
κ2019 Statutes of Nevada, Page 678 (CHAPTER 127, SB 416)κ
6. All benefits under this section may be paid by the System to the childs:
(a) Surviving parent; or
(b) Legal guardian.
7. The Board shall establish uniform standards and procedures for determining whether a child is:
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
Sec. 2. NRS 1A.580 is hereby amended to read as follows:
1A.580 1. Each child of a deceased member of the Judicial Retirement Plan is entitled to receive a cumulative benefit of at least $400 per month, beginning on the first day of the month following the members death.
2. Payments to any child cease on the last day of the month of the childs:
(a) [Adoption;
(b)] Death;
[(c)] (b) Marriage; or
[(d)] (c) Except as otherwise provided in subsection 3, 4 or 5, attaining the age of 18 years.
3. Except as otherwise provided in subsection 4, these benefits may be paid to the child of a deceased member of the Judicial Retirement Plan until the last day of the month of the childs 23rd birthday if, at the time that the child attains 18 years, the child is, and continues thereafter to be, a full-time student in any accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
4. If the Board ceases the payment of benefits to a child of a deceased member who received benefits pursuant to subsection 3 because the child ceased being a full-time student, the Board may resume the payment of such benefits until the last day of the month of the childs 23rd birthday if the child returns to full-time status at an accredited:
(a) High school;
(b) Vocational or technical school; or
(c) College or university.
5. These benefits may be commenced or extended indefinitely beyond a childs 18th birthday if and so long as the child is determined by the System to be:
(a) Financially dependent; and
(b) Physically or mentally incompetent.
6. All benefits under this section may be paid by the System to the childs:
(a) Surviving parent; or
(b) Legal guardian.
7. The Board shall establish uniform standards and procedures for determining whether a child is:
(a) A full-time student;
(b) Financially dependent; and
(c) Physically or mentally incompetent.
κ2019 Statutes of Nevada, Page 679 (CHAPTER 127, SB 416)κ
Sec. 3. 1. If the Public Employees Retirement Board ceased the payment of benefits to a child of a deceased member of the Public Employees Retirement System, Judicial Retirement System or Legislators Retirement System upon the childs adoption, pursuant to the provisions of NRS 1A.580 or 286.673, as those sections existed before the effective date of this act, the Board shall resume the payment of such benefits to the child if:
(a) The child is entitled to receive such benefits pursuant to the provisions of NRS 1A.580, as amended by section 2 of this act, or NRS 286.673, as amended by section 1 of this act; and
(b) The child, or the surviving parent or legal guardian of the child, applies for the resumption of the payment of such benefits in accordance with procedures established by the Board.
2. As soon as practicable after the effective date of this act, the Public Employees Retirement Board shall send notice of the provisions of this act by certified mail to the last known address shown in the records of the Board of each child of a deceased member of the Public Employees Retirement System, the Judicial Retirement System or the Legislators Retirement System, or of the surviving parent or legal guardian of each such child, whose payment of benefits ceased upon the childs adoption, pursuant to NRS 1A.580 or 286.673, as those sections existed before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 195Assemblymen Flores, Neal; Daly, Hafen, Kramer, Krasner and Torres
CHAPTER 128
[Approved: May 23, 2019]
AN ACT relating to crimes; making it unlawful to install or affix a scanning device within or upon a machine used for financial transactions under certain circumstances; making it unlawful to access a scanning device under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it a crime for a person to use a scanning device to access, read, obtain, memorize or store information encoded on the magnetic strip of a payment card: (1) without the permission of the authorized user of the card; and (2) with the intent to defraud the user or issuer of the card or any other person. (NRS 205.605) Existing law also makes it a crime for a person to possess a scanning device with the intent to use it for an unlawful purpose. (NRS 205.606) Section 1 of this bill makes it a crime for a person to install or affix a scanning device within or upon a machine used for financial transactions with the intent to use the scanning device for an unlawful purpose. Section 1 also makes it a crime for a person to access, by electronic or any other means, a scanning device with the intent to use the scanning device for an unlawful purpose. Section 1 provides that a person who installs, affixes or accesses a scanning device in such an unlawful manner is guilty of a category C felony.
κ2019 Statutes of Nevada, Page 680 (CHAPTER 128, AB 195)κ
Existing law exempts certain persons from the provisions governing the unlawful use or possession of scanning devices. Existing law provides that a person is exempt from these provisions if he or she uses or possesses a scanning device without the intent to defraud or commit an unlawful act: (1) in the ordinary course of his or her business; or (2) with the consent of the authorized user of a payment card to complete a financial transaction using that card. (NRS 205.607) Section 2 of this bill expands this exemption to include a person who installs, affixes or accesses a scanning device without the intent to commit an unlawful act: (1) in the ordinary course of his or her business; or (2) to complete such a financial transaction.
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 205.606 is hereby amended to read as follows:
205.606 1. A person shall not [possess] :
(a) Install or affix, temporarily or permanently, a scanning device within or upon a machine with the intent to use the scanning device for an unlawful purpose;
(b) Access, by electronic or any other means, a scanning device with the intent to use the scanning device for an unlawful purpose; or
(c) Possess a scanning device or reencoder with the intent to use the scanning device or reencoder for an unlawful purpose.
2. A person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. As used in this section, machine means a machine used to conduct financial transactions, including, without limitation, an automated teller or fuel pump. As used in this subsection, automated teller means an electronic device that dispenses cash in connection with an account maintained in a financial institution or with another business.
Sec. 2. NRS 205.607 is hereby amended to read as follows:
205.607 The provisions of NRS 205.601 to 205.608, inclusive, do not apply to any person who, without the intent to defraud or commit an unlawful act, installs, affixes, accesses, possesses or uses a scanning device or reencoder:
1. In the ordinary course of his or her business or employment; or
2. Pursuant to a financial transaction entered into with an authorized user of a payment card who has given permission for the financial transaction.
________
κ2019 Statutes of Nevada, Page 681κ
Assembly Bill No. 201Assemblymen Roberts, Leavitt; Carlton, Carrillo, Hafen, Kramer and Tolles
Joint Sponsors: Senators Hammond; and Settelmeyer
CHAPTER 129
[Approved: May 23, 2019]
AN ACT relating to traffic laws; providing that a person who drives a vehicle in certain trick driving displays is guilty of a gross misdemeanor; providing that a person who facilitates certain trick driving displays is guilty of a misdemeanor or a gross misdemeanor; defining trick driving display; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who drives a vehicle in an unauthorized speed contest on a public highway is guilty of reckless driving, which is a misdemeanor and is subject to graduated penalties depending on whether the offense is a first, second or third or subsequent offense that may include: (1) a fine; (2) imprisonment for up to 6 months in the county jail; (3) suspension of the drivers license of the person; (4) the requirement to perform community service; and (5) impoundment of the vehicle used by the person for a certain period. Organizing such a speed contest is also a misdemeanor with commensurate penalties. (NRS 484B.653)
Section 3 of this bill makes it unlawful to drive a vehicle in an unauthorized trick driving display on a public highway or to facilitate an unauthorized trick driving display. Under section 3, driving a vehicle in an unauthorized trick driving display constitutes reckless driving and is punishable as a gross misdemeanor, with graduated penalties depending on whether the offense is a first, a second or a subsequent offense that may include: (1) a fine; (2) imprisonment for up to 364 days in the county jail; (3) suspension of the drivers license of the person; (4) the requirement to perform community service; and (5) impoundment of the vehicle used by the person for a certain period. Section 3 provides that a person who facilitates an unauthorized trick driving display is guilty of a misdemeanor for the first offense, and a gross misdemeanor for a second or subsequent offense, with graduated penalties that may include: (1) a fine; (2) imprisonment for up to 364 days in the county jail; (3) suspension of the drivers license of the person; (4) the requirement to perform community service; and (5) impoundment of the vehicle used by the person for a specified period.
Sections 1 and 2 of this bill make conforming changes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
κ2019 Statutes of Nevada, Page 682 (CHAPTER 129, AB 201)κ
(a) For a period of 3 years if the offense is:
(1) A violation of subsection [6] 9 of NRS 484B.653.
(2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.
(3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.
(4) A violation of NRS 484C.430 or 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.
Κ The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484B.550.
(c) For a period of not less than 185 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.
4. The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:
κ2019 Statutes of Nevada, Page 683 (CHAPTER 129, AB 201)κ
(a) For 3 years, if it is his or her first such offense during the period of required use of the device.
(b) For 5 years, if it is his or her second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6. In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the courts order.
7. As used in this section, device has the meaning ascribed to it in NRS 484C.450.
Sec. 2. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in this section, after a drivers license has been suspended or revoked for an offense other than a violation of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his or her work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.
Κ Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.
2. A person who is required to install a device in a motor vehicle pursuant to NRS 484C.210 or 484C.460:
(a) Shall install the device not later than 14 days after the date on which the order was issued; and
(b) May not receive a restricted license pursuant to this section until:
(1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:
(I) A violation of NRS 484C.430 or 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; or
(II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420; or
(2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection [6] 9 of NRS 484B.653.
3. If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460 or following an order of revocation issued pursuant to NRS 484C.220, the Department shall not issue a restricted drivers license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
κ2019 Statutes of Nevada, Page 684 (CHAPTER 129, AB 201)κ
shall not issue a restricted drivers license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.
4. Except as otherwise provided in NRS 62E.630, after a drivers license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both; or
(b) If applicable, to and from school.
5. After a drivers license has been suspended pursuant to NRS 483.443, the Department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his or her work, or both;
(b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
6. A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:
(a) A violation of NRS 484C.110, 484C.210 or 484C.430;
(b) 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; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),
Κ the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.
7. The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
8. Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 3. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property.
(b) Drive a vehicle in an unauthorized speed contest on a public highway.
(c) Organize an unauthorized speed contest on a public highway.
(d) Drive a vehicle in an unauthorized trick driving display on a public highway.
(e) Facilitate an unauthorized trick driving display on a public highway.
Κ A violation of paragraph (a) , [or] (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
κ2019 Statutes of Nevada, Page 685 (CHAPTER 129, AB 201)κ
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
κ2019 Statutes of Nevada, Page 686 (CHAPTER 129, AB 201)κ
(b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
6. A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense and each subsequent offense, a gross misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
8. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:
(a) May issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and
(c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense.
9. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
κ2019 Statutes of Nevada, Page 687 (CHAPTER 129, AB 201)κ
proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
[7.] 10. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
[8.] 11. As used in this section [, organize] :
(a) Facilitate means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or
(2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.
(b) Organize means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
(c) Trick driving display means using a vehicle to perform tricks, stunts or other maneuvers on a public highway upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.
________
Senate Bill No. 178Senators Cancela, Ratti, Spearman, Kieckhefer, Parks; Brooks, Cannizzaro, Denis, Dondero Loop, Goicoechea, Hammond, Hansen, Hardy, D. Harris, Ohrenschall, Pickard, Scheible, Seevers Gansert, Settelmeyer and Woodhouse
Joint Sponsors: Assemblymen McCurdy, Watts, Frierson; Assefa, Backus, Bilbray-Axelrod, Carrillo, Cohen, Duran, Flores, Fumo, Gorelow, Jauregui, Krasner, Leavitt, Martinez, Miller, Monroe-Moreno, Munk, Nguyen, Peters, Roberts, Smith, Spiegel, Swank, Torres and Yeager
CHAPTER 130
[Approved: May 23, 2019]
AN ACT relating to public health; creating the Council on Food Security within the Department of Health and Human Services; prescribing the membership and duties of the Council; creating the Food for People, Not Landfills Program; authorizing the Director of the Department of Health and Human Services to adopt regulations to carry out the Program; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 688 (CHAPTER 130, SB 178)κ
Legislative Counsels Digest:
In 2014, the Governor established by executive order the Council on Food Security. (Executive Order 2014-03 (2-12-2014)) The Council was charged with various responsibilities related to the implementation of the goals of the 2013 Food Security in Nevada: Nevadas Plan of Action issued by the Department of Health and Human Services (the Plan) and the improvement of the quality of life and health of persons in this State by increasing food security throughout the State. Section 7 of this bill creates the Council in statute and prescribes its membership, which includes ex officio members and members appointed by the Governor and the Director of the Department of Health and Human Services at the direction of the Governor. Section 8 of this bill authorizes the Chair of the Council to appoint subcommittees to study issues within the scope of the duties of the Council. Section 9 of this bill prescribes the duties of the Council, which include: (1) various responsibilities related to implementation of the Plan; (2) advising the Governor on matters related to food security; (3) advising, assisting and making recommendations to the Director for the administration of the Food for People, Not Landfills Program; and (4) submitting an annual report to the Director and the Director of the Legislative Counsel Bureau regarding the accomplishments and recommendations of the Council.
Section 10 of this bill creates the Food for People, Not Landfills Program within the Department of Health and Human Services for the purposes of increasing food security by decreasing food waste, redirecting excess consumable food to a higher and better purpose and recognizing and assisting persons who further those purposes. In administering the program, the Director of the Department is required to: (1) set forth goals and objectives for the ensuing 5 years to increase the amount of food diverted from landfills and utilize such food to increase food security; (2) establish criteria for a food donor to participate in the Program; (3) create an official seal for the Program and allow a participant to use the official seal; (4) take any other action the Director deems necessary to assist a participant in the Program in furthering the goals of the Program; and (5) submit an annual report to the Legislature concerning the Program. Section 10 authorizes the Director to adopt regulations based upon the recommendations of the Council to carry out the Program.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Council means the Council on Food Security created by section 7 of this act.
Sec. 3.5. Food donor means a person or entity, including, without limitation, a restaurant, grocery store or retail or wholesale business, that gives or otherwise provides food, directly or indirectly, to persons in need of food.
Sec. 4. Food security means the ability of a person to access enough food for an active and healthy life.
Sec. 5. Plan means the 2013 Food Security in Nevada: Nevadas Plan for Action issued by the Department of Health and Human Services.
Sec. 6. Program means the Food for People, Not Landfills Program created by section 10 of this act.
κ2019 Statutes of Nevada, Page 689 (CHAPTER 130, SB 178)κ
Sec. 7. 1. The Council on Food Security is hereby created within the Department. The Council consists of:
(a) The Governor or his or her designee;
(b) The Director or his or her designee from within the Department;
(c) The Administrator of the Division of Welfare and Supportive Services of the Department or his or her designee from within the Division;
(d) The Regional Administrator for the Western Regional Office of the United States Department of Agriculture, Food and Nutrition Service or his or her designee from within the United States Department of Agriculture;
(e) The Executive Director of the Office of Economic Development or his or her designee from within the Office;
(f) The Administrator of the Division of Public and Behavioral Health of the Department or his or her designee from within the Division;
(g) The Superintendent of Public Instruction or his or her designee from within the Department of Education;
(h) The Director of the State Department of Agriculture or his or her designee from within the Department;
(i) The Administrator of the Aging and Disability Services Division of the Department or his or her designee from within the Division;
(j) Five members appointed by the Governor as follows:
(1) One member who is a representative of retailers of food;
(2) One member who is a representative of manufacturing that is not related to food;
(3) One member who is a representative of the gaming industry, hospitality industry or restaurant industry;
(4) One member who is a representative of farmers or ranchers engaged in food production; and
(5) One member who is a representative of persons engaged in the business of processing or distributing food;
(k) At least five members appointed by the Governor or the Director at the direction of the Governor from among the following persons:
(1) A person who is a representative of a food bank serving northern Nevada;
(2) A person who is a representative of a food bank serving southern Nevada;
(3) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in northern Nevada;
(4) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in southern Nevada;
(5) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in rural Nevada;
(6) A person who is a representative of the University of Nevada Cooperative Extension;
(7) A person who possesses knowledge, skill and experience in the provision of services to senior citizens and persons with disabilities;
(8) A person who is a representative of a local health authority; and
(9) A person who possesses knowledge, skill and experience in the provision of services to children and families; and
κ2019 Statutes of Nevada, Page 690 (CHAPTER 130, SB 178)κ
(l) Such other representatives of State Government as may be designated by the Governor.
2. The Governor or his or her designee shall serve as the Chair of the Council.
3. Each appointed member of the Council serves a term of 2 years. Each appointed member may be reappointed at the pleasure of the appointing authority, except that an appointed member may not serve for more than three consecutive terms or 6 consecutive years.
4. If a vacancy occurs in the appointed membership of the Council, the Council shall recommend a person to the appointing authority who appointed that member to fill the vacancy. The appointing authority shall appoint a replacement member after receiving and considering the recommendation of the Council. A member appointed to fill a vacancy shall serve as a member of the Council for the remainder of the original term of appointment and may be reappointed for two additional consecutive terms through the regular appointment process.
5. The appointing authority may remove a member for malfeasance in office or neglect of duty. Absences from three consecutive meetings constitutes good and sufficient cause for removal of a member.
6. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. The Department of Health and Human Services shall provide administrative support to the Council.
8. The Council shall meet at least once each calendar quarter and may meet at such further times as deemed necessary by the Chair.
9. The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to section 9 of this act.
Sec. 8. 1. The Chair of the Council on Food Security created by section 7 of this act may appoint subcommittees composed of members of the Council, former members of the Council and members of the public who have relevant experience or knowledge to consider specific problems or other matters that are related to and within the scope of the functions of the Council.
2. A subcommittee appointed pursuant to subsection 1 must not contain more than five members. To the extent practicable, the members of such a subcommittee must be representative of the various geographic areas and ethnic groups of this State.
Sec. 9. The Council on Food Security created by section 7 of this act shall:
1. Develop, coordinate and implement a food system that will:
(a) Partner with initiatives in economic development and social determinants of health;
(b) Increase access to improved food resource programs;
(c) Increase participation in federal nutrition programs by eligible households; and
(d) Increase capacity to produce, process, distribute and purchase food in an affordable and sustainable manner.
κ2019 Statutes of Nevada, Page 691 (CHAPTER 130, SB 178)κ
2. Hold public hearings to receive public comment and to discuss issues related to food security in this State.
3. Serve as a clearinghouse for the review and approval of any events or projects initiated in the name of the Plan.
4. Review and comment on any proposed federal, state or local legislation and regulation that would affect the food policy system of this State.
5. Advise and inform the Governor on the food policy of this State.
6. Review grant proposals and alternative funding sources as requested by the Director to provide recommendations for funding the Plan.
7. Develop new resources related to the Plan.
8. Advise, assist and make recommendations to the Director for the creation and administration of the Program.
9. On or before January 31 of each year submit an annual report to the Director and the Director of the Legislative Counsel Bureau concerning the accomplishments and recommendations of the Council concerning food security.
Sec. 10. 1. The Food for People, Not Landfills Program is hereby established within the Department for the purposes of increasing food security by decreasing food waste, redirecting excess consumable food to a higher and better purpose and recognizing and assisting food donors who further those purposes.
2. The Director shall administer the Program. In administering the Program, the Director shall:
(a) Set forth goals and objectives for the ensuing 5 years to increase the amount of food diverted from landfills and utilize such food to increase food security;
(b) Establish the criteria for eligibility for a food donor to participate in the Program;
(c) Create an official seal for the Program;
(d) Allow a food donor who participates in the Program to display or otherwise use the official seal of the Program; and
(e) Take any other actions as the Director deems necessary to assist a food donor who participates in the Program to further the goals and objectives set forth pursuant to paragraph (a).
3. A person shall not use, copy or reproduce the official seal of the Program created pursuant to subsection 2 in any way not authorized by this section.
4. The Director may, based upon the recommendations of the Council pursuant to section 9 of this act, adopt regulations to carry out the provisions of this section.
5. On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the accomplishments of the Program and the impact of the Program on food security in this State.
Sec. 11. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to 232.4858, inclusive, and sections 2 to 10, inclusive, of this act, unless the context requires otherwise:
1. Department means the Department of Health and Human Services.
2. Director means the Director of the Department.
κ2019 Statutes of Nevada, Page 692 (CHAPTER 130, SB 178)κ
Sec. 12. Notwithstanding the provisions of section 7 of this act, the Council on Food Security created by the Governor by executive order on February 12, 2014, shall be deemed to be the Council on Food Security established pursuant to section 7 of this act until the appointing authorities appoint the members of the Council on Food Security pursuant to section 7 of this act.
Sec. 12.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 13. This act becomes effective on July 1, 2019.
________
Senate Bill No. 299Senators Brooks and Spearman
CHAPTER 131
[Approved: May 23, 2019]
AN ACT relating to vehicles; revising provisions governing the Electric Vehicle Infrastructure Demonstration Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates an Electric Vehicle Infrastructure Demonstration Program, in connection with which a public utility is required to submit to the Public Utilities Commission of Nevada an annual plan for carrying out the Program in the service area of the utility. The annual plan submitted by the utility is authorized to include any measure to promote or incentivize the deployment of electric vehicle infrastructure, including, without limitation, the payment of an incentive to a customer of the utility that installs or provides electric vehicle infrastructure. (NRS 701B.670) Existing law further establishes the total amount of incentives that may be authorized for payment by the Public Utilities Commission of Nevada to the Program, as well as to the Solar Energy Systems Incentive Program, the Wind Energy Systems Demonstration Program and the Waterpower Energy Systems Demonstration Program. (NRS 701B.005) This bill provides that a public utility may include in its annual plan to promote or incentivize the deployment of electric vehicle infrastructure an incentive whereby a public school may receive 75 percent of the cost to install electric vehicle infrastructure or a school district may receive 75 percent of the cost to purchase electric vehicles for transporting students.
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 701B.670 is hereby amended to read as follows:
701B.670 1. The Legislature hereby finds and declares that it is the policy of this State to expand and accelerate the deployment of electric vehicles and supporting infrastructure throughout this State.
2. The Electric Vehicle Infrastructure Demonstration Program is hereby created.
3. The Commission shall adopt regulations to carry out the provisions of the Electric Vehicle Infrastructure Demonstration Program, including, without limitation, regulations that require a utility to submit to the Commission an annual plan for carrying out the Program in its service area.
κ2019 Statutes of Nevada, Page 693 (CHAPTER 131, SB 299)κ
without limitation, regulations that require a utility to submit to the Commission an annual plan for carrying out the Program in its service area. The annual plan submitted by a utility may include any measure to promote or incentivize the deployment of electric vehicle infrastructure, including, without limitation:
(a) The payment of an incentive to a customer of the utility that installs or provides electric vehicle infrastructure;
(b) Qualifications and requirements an applicant must meet to be eligible to be awarded an incentive;
(c) The imposition of a rate by the utility to require the purchase of electric service for the charging of an electric vehicle at a rate which is based on the time of day, day of the week or time of year during which the electricity is used, or which otherwise varies based upon the time during which the electricity is used, if a customer of the utility participates in the Electric Vehicle Infrastructure Demonstration Program; [and]
(d) The establishment of programs directed by the utility to promote electric vehicle infrastructure, including, without limitation, education and awareness programs for customers of the utility, programs to provide technical assistance related to the charging of electric vehicles to governmental entities or the owners or operators of large fleets of motor vehicles and programs to create partnerships with private organizations to promote the development of electric vehicle infrastructure [.] ; and
(e) The payment of an incentive to a customer of the utility that is a public school, as defined in NRS 385.007, that installs electric vehicle infrastructure on the property of the public school or purchases electric vehicles dedicated to the transportation of students, not to exceed 75 percent of the cost to install such infrastructure or purchase such vehicles.
4. The Commission shall:
(a) Review each annual plan submitted by a utility pursuant to the regulations adopted pursuant to subsection 3 for compliance with the requirements established by the Commission; and
(b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Electric Vehicle Infrastructure Demonstration Program.
5. Each utility:
(a) Shall carry out and administer the Electric Vehicle Infrastructure Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to subsection 4; and
(b) May recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
6. As used in this section:
(a) Electric vehicle means a vehicle powered solely by one or more electric motors.
(b) Electric vehicle infrastructure includes, without limitation, electric vehicles and the charging stations for the recharging of electric vehicles.
Sec. 2. This act becomes effective on July 1, 2019, and expires by limitation on December 31, 2025.
________
κ2019 Statutes of Nevada, Page 694κ
Assembly Bill No. 190Assemblymen Daly, McCurdy, Carrillo, Fumo, Flores; Assefa, Backus, Benitez-Thompson, Bilbray-Axelrod, Carlton, Cohen, Duran, Frierson, Gorelow, Jauregui, Martinez, Miller, Monroe-Moreno, Munk, Neal, Nguyen, Peters, Smith, Spiegel, Swank, Thompson, Torres, Watts and Yeager
Joint Sponsors: Senators Parks, Ohrenschall, Cancela; and Denis
CHAPTER 132
[Approved: May 25, 2019]
AN ACT relating to construction; revising the requirements pursuant to which a contractor or subcontractor engaged on a public work may discharge his or her obligation to pay prevailing wages to workers; revising provisions relating to the determination of the prevailing wages by the Labor Commissioner and the duration of such rates on a public work; prohibiting a public body from using a reverse auction when awarding a contract for public work; clarifying the application of prevailing wage requirements to certain construction projects that are not public works; eliminating certain prohibitions relating to agreements with labor organizations concerning contracts with a public body for a public work or with an awardee of certain grants, tax abatements, tax credits or tax exemptions from a public body; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth general provisions applicable to public works, including provisions requiring, with certain exceptions, the payment of prevailing wages for public works projects. (NRS 338.010-338.090) Under existing law, a contractor or subcontractor engaged on a public work is authorized to discharge his or her obligation to pay prevailing wages to workers in part by making certain contributions in the name of the worker. (NRS 338.035) Section 5 of this bill sets forth the requirements pursuant to which a contractor or subcontractor engaged on a public work may discharge any part of his or her obligation to pay prevailing wages to a worker by providing bona fide fringe benefits in the name of the worker. Those requirements include, among other things, that the bona fide fringe benefits are paid equally for all hours worked in a calendar year by the worker for the contractor or subcontractor. Section 1 of this bill defines bona fide fringe benefits to mean a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program: (1) which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and (2) for which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program. Sections 2 and 8 of this bill makes conforming changes.
Section 5 requires the Labor Commissioner, after providing notice and an opportunity for a hearing, to: (1) impose an administrative penalty against a contractor or subcontractor who discharges any part of his or her obligation to pay prevailing wages in an unauthorized manner; (2) require the contractor or subcontractor to make the affected worker whole by paying to the worker as wages any amounts disallowed as bona fide fringe benefits; (3) report the violation to the Attorney General; and (4) notify certain entities of the violation. Section 5 provides that the amount of the penalty to be imposed against a contractor or subcontractor who discharges any part of his or her obligation to pay prevailing wages in an unauthorized manner must be based on the sliding scale adopted by regulation of the Labor Commissioner for certain other administrative penalties.
κ2019 Statutes of Nevada, Page 695 (CHAPTER 132, AB 190)κ
who discharges any part of his or her obligation to pay prevailing wages in an unauthorized manner must be based on the sliding scale adopted by regulation of the Labor Commissioner for certain other administrative penalties. Section 5 also authorizes the Labor Commissioner to recover the costs of the proceeding if a penalty is imposed against such a contractor or subcontractor. Existing law provides that if an administrative penalty is imposed against a person for an offense concerning public works: (1) the person and any corporate officer of the person are prohibited from receiving a contract for a public work for specified periods depending on the number of offenses; and (2) the Labor Commissioner is required to notify the State Contractors Board with regard to each contractor who is prohibited from being awarded such a contract. (NRS 338.010, 338.017) Section 1 of this bill makes a violation of section 5 an offense for that purpose. Sections 2, 3, 6 and 9 of this bill make conforming changes.
Existing law requires the Labor Commissioner to determine the prevailing wage in a county for each craft or type of work. (NRS 338.030) Existing regulations prescribe the manner in which the Labor Commissioner must determine the prevailing wage for a recognized class of workers. Existing regulations additionally authorize the Labor Commissioner to adjust the prevailing rate of wages for a recognized class of workers in accordance with wage and benefit adjustments and classifications of workers in a collective bargaining agreement if the Labor Commissioner determines that the prevailing rate of wages for a recognized class of workers is a wage which has been collectively bargained. (NAC 338.010) If the Labor Commissioner determines that the prevailing rate of wages for a recognized class of workers is a wage which has been collectively bargained, section 4 of this bill requires the Labor Commissioner to: (1) include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be paid by the collective bargaining agreement; and (2) amend the determination of the prevailing wage for the craft or type of work in response to an increase in the wage prescribed in the collective bargaining agreement that occurs before the next annual determination of that prevailing wage by the Labor Commissioner.
Existing regulations require the prevailing rates of wages in effect at the time of the opening of bids of a contract to remain in effect for the duration of the project for which a contract has been awarded. (NAC 338.040) Existing regulations similarly address this requirement when the contract for the public work is entered into without opening bids. (NAC 338.065) Section 4 codifies these requirements in statute, but limits the duration of the requirements to the 36 months immediately following the date on which the bids were opened or, if the contract was not awarded pursuant to a competitive bidding process, to the 36 months immediately following the date on which the contractor was selected or the contract was entered into. Additionally, section 4 provides that if a contract for a public work is not completed or terminated within 36 months and the prevailing wages in effect on the last day of the 36-month period are lower than the prevailing wages paid during the 36-month period under the contract, the prevailing wages paid during that 36-month period must be paid for the immediately following 36 months.
Existing law prescribes general procedures for awarding a contract for public work. (Chapter 338 of NRS) Section 8.5 of this bill prohibits a public body from using a reverse auction, in which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price, when awarding a contract for public work.
Existing law makes the prevailing wage requirements applicable to certain construction projects that are not public works. (NRS 244A.058, 244A.763, 268.568, 271.710, 271.800, 278C.240, 279.500, 318.140, 318.144, 332.390, 333A.120, 349.670, 349.956, 388A.635, 408.3886, 543.545, 701B.265, 701B.625; Reno-Tahoe Airport Authority Act § 9.5) Sections 10-28 of this bill clarify that those prevailing wage requirements apply in the same manner as if the applicable public body had undertaken the project or awarded the contract.
κ2019 Statutes of Nevada, Page 696 (CHAPTER 132, AB 190)κ
Existing law, with certain exceptions, prohibits a public body from: (1) requiring or prohibiting a bidder, contractor or subcontractor from entering into or adhering to any agreement with one or more labor organizations in regard to a public work; or (2) discriminating against a bidder, contractor or subcontractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the public work. Existing law further prohibits a public body, with certain exceptions, from awarding a grant, tax abatement, tax credit or tax exemption that is conditioned upon a requirement that the awardee include in a contract for a project that is the subject of the grant, tax abatement, tax credit or tax exemption a term that: (1) requires or prohibits a bidder, contractor or subcontractor from entering into or adhering to any agreement with one or more labor organizations in regard to the project; or (2) discriminates against a bidder, contractor or subcontractor for entering or not entering into, or adhering or refusing to adhere to, any agreement with one or more labor organizations in regard to the project. (NRS 338.1405) Section 31 of this bill eliminates these prohibitions.
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 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Authorized representative means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.
2. Bona fide fringe benefit means a benefit in the form of a contribution that is made not less frequently than monthly to an independent third party pursuant to a fund, plan or program:
(a) Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and
(b) For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program.
Κ The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS 338.030.
3. Contract means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.
[3.] 4. Contractor means:
(a) A person who is licensed pursuant to the provisions of chapter 624 of NRS.
(b) A design-build team.
[4.] 5. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.
[5.] 6. Design-build contract means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.
[6.] 7. Design-build team means an entity that consists of:
κ2019 Statutes of Nevada, Page 697 (CHAPTER 132, AB 190)κ
(a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and
(b) For a public work that consists of:
(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.
(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.
[7.] 8. Design professional means:
(a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;
(b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;
(c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;
(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or
(e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.
[8.] 9. Division means the State Public Works Division of the Department of Administration.
[9.] 10. Eligible bidder means a person who is:
(a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or
(b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.
[10.] 11. General contractor means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:
(a) General engineering contracting, as described in subsection 2 of NRS 624.215.
(b) General building contracting, as described in subsection 3 of NRS 624.215.
[11.] 12. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.
[12.] 13. Horizontal construction means the construction of any fixed work, including any irrigation, drainage, water supply, flood control, harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal plant or water treatment facility and any ancillary vertical components thereof, bridge, inland waterway, pipeline for the transmission of petroleum or any other liquid or gaseous substance, pier, and work incidental thereto. The term does not include vertical construction, the construction of any terminal or other building of an airport or airway, or the construction of any other building.
κ2019 Statutes of Nevada, Page 698 (CHAPTER 132, AB 190)κ
[13.] 14. Local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 318, 318A, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.
[14.] 15. Offense means [failing to:] :
(a) Failing to:
[(a)] (1) Pay the prevailing wage required pursuant to this chapter;
[(b)] (2) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;
[(c)] (3) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or
[(d)] (4) Comply with subsection 5 or 6 of NRS 338.070.
[15.] (b) Discharging an obligation to pay wages in a manner that violates the provisions of NRS 338.035.
16. Prime contractor means a contractor who:
(a) Contracts to construct an entire project;
(b) Coordinates all work performed on the entire project;
(c) Uses his or her own workforce to perform all or a part of the public work; and
(d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.
Κ The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.
[16.] 17. Public body means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.
[17.] 18. Public work means any project for the new construction, repair or reconstruction of a project financed in whole or in part from public money for:
(a) Public buildings;
(b) Jails and prisons;
(c) Public roads;
(d) Public highways;
(e) Public streets and alleys;
(f) Public utilities;
(g) Publicly owned water mains and sewers;
(h) Public parks and playgrounds;
(i) Public convention facilities which are financed at least in part with public money; and
(j) All other publicly owned works and property.
[18.] 19. Specialty contractor means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.
κ2019 Statutes of Nevada, Page 699 (CHAPTER 132, AB 190)κ
[19.] 20. Stand-alone underground utility project means an underground utility project that is not integrated into a larger project, including, without limitation:
(a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and
(b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,
Κ that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.
[20.] 21. Subcontract means a written contract entered into between:
(a) A contractor and a subcontractor or supplier; or
(b) A subcontractor and another subcontractor or supplier,
Κ for the provision of labor, materials, equipment or supplies for a construction project.
[21.] 22. Subcontractor means a person who:
(a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and
(b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.
[22.] 23. Supplier means a person who provides materials, equipment or supplies for a construction project.
[23.] 24. Vertical construction means the construction or remodeling of any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any improvement appurtenant thereto.
[24.] 25. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training [or other similar programs] or other bona fide fringe benefits which are a benefit to the worker.
[25.] 26. Worker means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.
Sec. 2. NRS 338.015 is hereby amended to read as follows:
338.015 1. The Labor Commissioner shall enforce the provisions of NRS 338.010 to 338.130, inclusive.
2. [In] Except as otherwise provided in NRS 338.035 and in addition to any other remedy or penalty provided in this chapter, if any person, including, without limitation, a public body, violates any provision of NRS 338.010 to 338.130, inclusive, or any regulation adopted pursuant thereto, the Labor Commissioner may, after providing the person with notice and an opportunity for a hearing, impose against the person an administrative penalty of not more than $5,000 for each such violation.
3. The Labor Commissioner may, by regulation, establish a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the person pursuant to this section.
κ2019 Statutes of Nevada, Page 700 (CHAPTER 132, AB 190)κ
4. The Labor Commissioner shall report the violation to the Attorney General, and the Attorney General may prosecute the person in accordance with law.
Sec. 3. NRS 338.018 is hereby amended to read as follows:
338.018 The provisions of NRS 338.013 to 338.018, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $250,000 even if the construction work does not qualify as a public work, as defined in [subsection 17 of] NRS 338.010.
Sec. 4. NRS 338.030 is hereby amended to read as follows:
338.030 1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the Labor Commissioner the prevailing wage in the county in which the public work is to be performed for each craft or type of work.
2. The prevailing wage in each county, including Carson City, must be established as follows:
(a) The Labor Commissioner shall, annually, survey contractors who have performed work in the county.
(b) Based on the survey conducted pursuant to paragraph (a), where the rate of wages is the same for more than 50 percent of the total hours worked by each craft or type of work in that county on construction similar to the proposed construction, that rate will be determined as the prevailing wage.
(c) Where no such rate can be determined, the prevailing wage for a craft or type of work will be determined as the average rate of wages paid per hour based on the number of hours worked per rate, to that craft or type of work.
(d) The Labor Commissioner shall determine the prevailing wage to be 90 percent of the rate determined pursuant to paragraphs (a), (b) and (c) for:
(1) Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district or the Nevada System of Higher Education is a party; and
(2) A public work of, or constructed by, a school district or the Nevada System of Higher Education, or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by a school district or the Nevada System of Higher Education.
3. Within 30 days after the determination is issued:
(a) A public body or person entitled under subsection 6 to be heard may submit an objection to the Labor Commissioner with evidence to substantiate that a different wage prevails; and
(b) Any person may submit information to the Labor Commissioner that would support a change in the prevailing wage of a craft or type of work by 50 cents or more per hour in any county.
4. The Labor Commissioner shall hold a hearing in the locality in which the work is to be executed if the Labor Commissioner:
(a) Is in doubt as to the prevailing wage; or
(b) Receives an objection or information pursuant to subsection 3.
Κ The Labor Commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.
5. Notice of the hearing must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks before the time of the hearing.
κ2019 Statutes of Nevada, Page 701 (CHAPTER 132, AB 190)κ
6. At the hearing, any public body, the crafts affiliated with the State Federation of Labor or other recognized national labor organizations, and the contractors of the locality or their representatives must be heard. From the evidence presented, the Labor Commissioner shall determine the prevailing wage.
7. If the Labor Commissioner determines pursuant to subsection 2 that the prevailing wage for a craft or type of work is a wage that has been collectively bargained, the Labor Commissioner shall:
(a) Include in his or her determination of that prevailing wage any compensation in addition to the basic hourly wage or benefit for the craft or type of work required to be provided by the collective bargaining agreement, including, without limitation, premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the agreement or on a weekend or holiday and zone pay. As used in this paragraph, zone pay means additional pay for performing work at a work site that is located in a zone established in a collective bargaining agreement.
(b) Issue an amendment to the determination of the prevailing wage for the craft or type of work if the collective bargaining agreement provides for an increase in the wage before the next determination of that prevailing wage by the Labor Commissioner pursuant to subsection 2.
8. The wages so determined must be filed by the Labor Commissioner and must be available to any public body which awards a contract for any public work.
[8.] 9. If the contract for a public work:
(a) Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier.
(b) Is not to be awarded pursuant to a competitive bidding process, except as otherwise provided in this paragraph, the prevailing rate of wages in effect on the date on which the contractor for the contract is selected by the awarding body must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contractor was selected, whichever is earlier. If the contract is not entered into within 90 days after the date of the selection of the contractor, the prevailing rates of wages in effect on the date on which the contract is entered into must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the contract was entered into, whichever is earlier.
10. If a contract for a public work is not completed or terminated within 36 months immediately following the date on which the bids were opened pursuant to paragraph (a) of subsection 9, within 36 months immediately following the date on which the contractor was selected, within 36 months immediately following the date the contract was entered into pursuant to paragraph (b) of subsection 9 or for any 36-month period thereafter until the contract is completed or terminated:
(a) Except as otherwise provided in paragraph (b), the prevailing wages in effect on the last day of the 36-month period must be paid for the immediately following 36 months.
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(b) If the prevailing wages in effect on the last day of the 36-month period are lower than the prevailing wages paid during that 36-month period under the contract, the prevailing wages paid during that 36-month period must be paid for the immediately following 36 months.
11. Nothing contained in NRS 338.020 to 338.090, inclusive, may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any public body.
Sec. 5. NRS 338.035 is hereby amended to read as follows:
338.035 [The]
1. Except as otherwise provided in subsection 7, the obligation of a contractor engaged on a public work or a subcontractor engaged on a public work to pay wages in accordance with the determination of the Labor Commissioner may be discharged in part by [making contributions to a third person pursuant to a fund, plan or program] providing bona fide fringe benefits in the name of the worker.
2. A contractor or subcontractor may, pursuant to subsection 1, discharge any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner only to the extent that the bona fide fringe benefits provided in the name of the worker are annualized.
3. A contractor or subcontractor who, pursuant to subsection 1, discharges any part of his or her obligation to pay wages in accordance with the determination of the Labor Commissioner shall provide to the Labor Commissioner and the public body that awarded the contract for the public work any information requested by the Labor Commissioner or the public body, as applicable, to verify compliance with this section.
4. In addition to any other remedy or penalty provided in this chapter, after providing the contractor or subcontractor with notice and an opportunity for a hearing, the Labor Commissioner shall, if the Labor Commissioner finds that the contractor or subcontractor has violated a provision of this section:
(a) For the first violation, impose against the contractor or subcontractor an administrative penalty of not less than $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $2,500;
(b) For the second or any subsequent violation within 5 years after the date of imposition of an administrative penalty pursuant to paragraph (a), impose against the contractor or subcontractor an administrative penalty of not less $20 nor more than $50 for each calendar day or portion thereof that each worker employed on the public work is affected by the violation, up to a maximum of $5,000;
(c) Require the contractor or subcontractor to make the affected worker whole by paying to the worker as wages any amounts disallowed as bona fide fringe benefits in a manner prescribed by the Labor Commissioner;
(d) Report the violation to the Attorney General, and the Attorney General may prosecute the contractor or subcontractor in accordance with law; and
(e) In addition to notifying the State Contractors Board pursuant to NRS 338.017, notify the provider of workers compensation for the contractor or subcontractor, the Employment Security Division of the Department of Employment, Training and Rehabilitation and the public body that awarded the contract for the public work of the violation.
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contractor or subcontractor, the Employment Security Division of the Department of Employment, Training and Rehabilitation and the public body that awarded the contract for the public work of the violation.
5. The amount of the penalty to be imposed pursuant to subsection 4 must be based on the sliding scale adopted by regulation pursuant to NRS 338.060.
6. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Labor Commissioner.
7. The provisions of this section do not apply with regard to:
(a) A worker whose benefits are determined pursuant to a collective bargaining agreement; or
(b) Contributions made in the name of the worker by a contractor or subcontractor to a defined contribution plan to the extent that the amount contributed does not exceed 25 percent of the hourly prevailing rate of wages for the worker on the public work.
8. As used in this section:
(a) Annualized means an amount paid equally for all hours worked in a calendar year by the worker for the contractor or subcontractor who is providing bona fide fringe benefits.
(b) Defined contribution plan has the meaning ascribed to it in 29 U.S.C. § 1002(34).
Sec. 6. NRS 338.075 is hereby amended to read as follows:
338.075 The provisions of NRS 338.020 to 338.090, inclusive, apply to any contract for construction work of the Nevada System of Higher Education for which the estimated cost exceeds $250,000 even if the construction work does not qualify as a public work, as defined in [subsection 17 of] NRS 338.010.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 338.090 is hereby amended to read as follows:
338.090 1. Except as otherwise provided in subsection [4,] 5, any person, including the officers, agents or employees of a public body, who violates any provision of NRS 338.010 to 338.090, inclusive, or any regulation adopted pursuant thereto, is guilty of a misdemeanor.
2. The Labor Commissioner, in addition to any other remedy or penalty provided in this chapter:
(a) Shall , except as otherwise provided in subsection 4, assess a person who, after an opportunity for a hearing, is found to have failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid; and
(b) May, in addition to any other administrative penalty, impose an administrative penalty not to exceed the costs incurred by the Labor Commissioner to investigate and prosecute the matter.
3. If the Labor Commissioner finds that a person has failed to pay the prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive, the public body may, in addition to any other remedy or penalty provided in this chapter, require the person to pay the actual costs incurred by the public body to investigate the matter.
4. The Labor Commissioner is not required to assess a person an amount equal to the difference between the prevailing wages required to be paid and the wages that the contractor or subcontractor actually paid if the contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.
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contractor or subcontractor has already paid that amount to a worker pursuant to paragraph (c) of subsection 4 of NRS 338.035.
5. The provisions of subsection 1 do not apply to a subcontractor specified in NRS 338.072.
Sec. 8.5. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government or its authorized representative shall award a contract for a public work pursuant to the provisions of NRS 338.1415 and:
(a) NRS 338.1377 to 338.139, inclusive;
(b) NRS 338.143 to 338.148, inclusive;
(c) NRS 338.1685 to 338.16995, inclusive; or
(d) NRS 338.1711 to 338.173, inclusive.
2. A public body shall not use a reverse auction when awarding a contract for a public work.
3. Except as otherwise provided in this subsection, subsection [3] 4 and chapter 408 of NRS, the provisions of this chapter apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive. The provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.
[3.] 4. To the extent that a provision of this chapter precludes the granting of federal assistance or reduces the amount of such assistance with respect to a contract for the construction, reconstruction, improvement or maintenance of highways that is awarded by the Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive, that provision of this chapter does not apply to the Department of Transportation or the contract.
5. As used in this section:
(a) Online bidding has the meaning ascribed to it in NRS 332.047.
(b) Reverse auction means a process by which a bidder may submit more than one bid if each subsequent response to online bidding is at a lower price.
Sec. 9. NRS 338.1908 is hereby amended to read as follows:
338.1908 1. The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:
(a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:
(1) The length of time necessary to commence the project.
(2) The number of workers estimated to be employed on the project.
(3) The effectiveness of the project in reducing energy consumption.
(4) The estimated cost of the project.
(5) Whether the project is able to be powered by or otherwise use sources of renewable energy.
(6) Whether the project has qualified for participation in one or more of the following programs:
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(I) The Solar Energy Systems Incentive Program created by NRS 701B.240;
(II) The Renewable Energy School Pilot Program created by NRS 701B.350;
(III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or
(IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.
(b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.
2. The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.
3. As used in this section:
(a) Local government means each city or county that meets the definition of eligible unit of local government as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in [subsection 13 of] NRS 338.010, that does not meet the definition of eligible entity as set forth in 42 U.S.C. § 17151.
(b) Renewable energy means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:
(1) Biomass;
(2) Fuel cells;
(3) Geothermal energy;
(4) Solar energy;
(5) Waterpower; and
(6) Wind.
Κ The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
(c) Retrofit means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.
Sec. 10. NRS 244A.058 is hereby amended to read as follows:
244A.058 1. A board that has adopted an ordinance imposing a fee pursuant to NRS 244A.810 may, on behalf of the county and in its name:
(a) Acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project.
(b) Subject to the provisions of chapter 350 of NRS, issue revenue bonds of the county to acquire, lease, improve or equip, or any combination thereof, within the county a minor league baseball stadium project.
2. Bonds issued pursuant to this section must be payable from the proceeds of the fee imposed by the county pursuant to NRS 244A.810 and may be additionally secured by and payable from the gross or net revenues of the minor league baseball stadium project, including, without limitation, amounts received from any minor league baseball team pursuant to a contract with that team, fees, rates and charges for the use of the stadium by a minor league baseball team or any other uses of the stadium, and related uses, including, without limitation, parking and concessions, surcharges on tickets in an amount approved by the board, grants, whether conditional or unconditional, made for the payment of debt service or otherwise for the purposes of the minor league baseball stadium project, and any and all other sources of revenue attributable to the minor league baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.
κ2019 Statutes of Nevada, Page 706 (CHAPTER 132, AB 190)κ
unconditional, made for the payment of debt service or otherwise for the purposes of the minor league baseball stadium project, and any and all other sources of revenue attributable to the minor league baseball stadium project as provided by the board in the ordinance authorizing the issuance of bonds or any instrument supplemental or appertaining thereto.
3. The provisions of chapters 332, 338 and 339 of NRS do not apply to a contract entered into by a county and a private developer pursuant to which the private developer constructs a minor league baseball stadium project, except that the contract must include a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed under the contract. The board, the private developer and any contractor and subcontractor on the minor league baseball stadium project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the minor league baseball stadium project or had awarded the contract.
Sec. 11. NRS 244A.763 is hereby amended to read as follows:
244A.763 1. NRS 244A.669 to 244A.763, inclusive, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, but not limited to, the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 244A.669 to 244A.763, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except:
(a) As otherwise provided in those sections.
(b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including, without limitation, the Public Utilities Commission of Nevada, the State Environmental Commission and the State Department of Conservation and Natural Resources.
4. No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in a project.
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for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in a project. The board of county commissioners, the lessee, purchaser or obligor or designee thereof, any contractor who is awarded a contract or entered into an agreement to perform the construction, repair or reconstruction and any subcontractor who performs any portion of the construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board of county commissioners had undertaken the project or had awarded the contract.
6. Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary except that such association is not prohibited.
7. The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
8. No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 12. NRS 268.568 is hereby amended to read as follows:
268.568 1. NRS 268.512 to 268.568, inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including, but not limited to, the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 268.512 to 268.568, inclusive, to be done, including, without limitation, the charter of any city, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 268.512 to 268.568, inclusive, apply to the doing of the things authorized in NRS 268.512 to 268.568, inclusive, to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 268.512 to 268.568, inclusive, except as provided in those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the cities is not applicable to any action taken pursuant to NRS 268.512 to 268.568, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project.
κ2019 Statutes of Nevada, Page 708 (CHAPTER 132, AB 190)κ
inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the city for work to be done in a project. The governing body, the lessee, purchaser or obligor or designee thereof, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction in a project and any subcontractor who performs any portion of the construction, repair or reconstruction in a project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.
6. Notwithstanding the provisions of NRS 662.245 or any other specific statute to the contrary, any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 268.512 to 268.568, inclusive, without meeting the qualifications set forth in NRS 662.245.
7. The powers conferred by NRS 268.512 to 268.568, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by, any other law.
8. No part of NRS 268.512 to 268.568, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 13. NRS 271.710 is hereby amended to read as follows:
271.710 1. A governing body may adopt an ordinance pursuant to NRS 271.325 creating a district and ordering a project to be acquired or improved and may contract with a person to construct or improve a project, issue bonds or otherwise finance the cost of the project and levy assessments, without complying with the provisions of NRS 271.305 to 271.320, inclusive, 271.330 to 271.345, inclusive, 271.380 and 271.385 and, except as otherwise provided in this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, chapters 332, 338 and 339 of NRS, if the governing body has entered into a written agreement with the owners of all of the assessable property within the district which states that:
(a) The governing body agrees to enter into a contract for the acquisition, construction or improvement of the project or projects in the district which includes:
(1) A provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed under the contract; and
(2) The price, stated as a lump sum or as unit prices, which the governing body agrees to pay for the project if the project meets all requirements and specifications in the contract.
(b) The owners of the assessable property agree that if the rate of interest on any assessment levied for the district is determined from time to time as provided in NRS 271.487, the owners will provide written notice to the governing body in a timely manner when a parcel of the assessable property in the district is sold to a person who intends to occupy a dwelling unit on the parcel as his or her residence.
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(c) The owners of the assessable property agree that the governing body may create the district, levy the assessments and for all other purposes relating to the district proceed pursuant to the provisions of this section.
2. If an ordinance is adopted and the agreement entered into pursuant to subsection 1 so states:
(a) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to add additional property to the district. The assessments may be redistributed between the assessable property originally in the district and the additional assessable property if:
(1) The owners of additional assessable property also consent in writing to inclusion of their property in the district and to the amount of the assessment against their property; and
(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.
(b) The governing body may amend the ordinance creating the district, change the assessment roll and redistribute the assessments required by NRS 271.390 in the same manner in which these actions were originally taken to remove assessable property from the district. The assessments may be redistributed among the assessable property remaining in the district if:
(1) The owners of the remaining assessable property consent in writing to the amount of the revised assessment on their property; and
(2) The redistribution of the assessments is not prohibited by any covenants made for the benefit of the owners of any bonds or interim warrants issued for the district.
(c) The governing body may adopt any ordinance pertaining to the district including the ordinance creating the district required by NRS 271.325, the ordinance authorizing interim warrants required by NRS 271.355, the ordinance levying assessments required by NRS 271.390, the ordinance authorizing bonds required by NRS 271.475 or any ordinance amending those ordinances after a single reading and without holding a hearing thereon, as if an emergency exists, upon an affirmative vote of not less than two-thirds of all voting members of the governing body, excluding from any computation any vacancy on the governing body and any members thereon who may vote to break a tie vote, and provide that the ordinances become effective at the time an emergency ordinance would have become effective. The provisions of NRS 271.308 do not apply to any such ordinance.
(d) The governing body may provide for a reserve fund, letter of credit, surety bond or other collateral for payment of any interim warrants or bonds issued for the district and include all or any portion of the costs thereof in the amounts assessed against the property in the district and in the amount of bonds issued for the district. The governing body may provide for the disposition of interest earned on the reserve fund and other bond proceeds, for the disposition of unexpended bond proceeds after completion of the project and for the disposition of the unexpended balance in the reserve fund after payment in full of the bonds for the district.
3. If the governing body of a municipality forms a district pursuant to the provisions of this section, the governing body:
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(a) Is not required to adopt the resolutions required pursuant to the provisions of NRS 271.280, 271.310, 271.360 and 271.390.
(b) Shall be deemed to have adopted the resolution required pursuant to the provisions of NRS 271.325 if the plans and specifications are sufficiently specific to allow a competent contractor with the assistance of a competent engineer to estimate the cost of constructing the project and to construct the project.
4. The governing body, the owners of the assessable property, any contractor who is awarded a contract or enters into an agreement to perform the construction work on a project pursuant to this section, and any subcontractor who performs any portion of the construction work on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the project or had awarded the contract.
Sec. 14. NRS 271.800 is hereby amended to read as follows:
271.800 1. A governing body may, pursuant to NRS 271.275 or 271.710, establish a district to finance an underground conversion project. Before the governing body may adopt an ordinance pursuant to NRS 271.325 to establish such a district, each service provider that owns the overhead service facilities to be converted to underground facilities must submit its written approval of the project to the governing body. The governing body shall not establish a district to finance an underground conversion project without receiving the written approval of each such service provider pursuant to this subsection.
2. Before initiating the establishment of a district pursuant to this section, the governing body must request in writing and receive from each service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.
3. If a district already exists for the location for which the underground conversion project is proposed, the governing body may, pursuant to NRS 271.295, combine the underground conversion project with other projects in that district.
4. An underground conversion project must be constructed by one or more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider that will engage in the construction. Such a project must be constructed in accordance with the standard underground practices and procedures approved by the Public Utilities Commission of Nevada.
5. The provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to a contract entered into by a municipality and a service provider pursuant to this section, except that the contract must include a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed under the contract. The governing body, the service provider, any contractor who is awarded a contract or enters into an agreement to perform the construction work on an underground conversion project, and any subcontractor who performs any portion of the construction work on an underground conversion project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the underground conversion project or had awarded the contract.
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any subcontractor who performs any portion of the construction work on an underground conversion project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the underground conversion project or had awarded the contract.
6. Construction on an underground conversion project approved pursuant to this chapter may not commence until:
(a) An ordinance creating a district is adopted pursuant to NRS 271.325;
(b) The time for filing an appeal pursuant to NRS 271.315 has expired, or if such an appeal has been timely filed, a final, nonappealable judgment upholding the validity of the ordinance has been rendered;
(c) Arrangements for the financing of the construction have been completed through the issuance of bonds or interim warrants; and
(d) The service provider has obtained all applicable permits, easements and licenses necessary to convert the facilities.
Sec. 15. NRS 278C.240 is hereby amended to read as follows:
278C.240 The provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work to be performed under any contract or other agreement related to an undertaking ordered by a governing body pursuant to this chapter. The governing body, the developer, any contractor who is awarded the contract or enters into the agreement to perform the construction work and any subcontractor who performs any portion of the construction work related to such an undertaking shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the undertaking or had awarded the contract.
Sec. 16. NRS 279.500 is hereby amended to read as follows:
279.500 1. The provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction which is awarded on or after October 1, 1991, by an agency for work to be done in a project.
2. If an agency:
(a) Provides property for development at less than the fair market value of the property;
(b) Provides a loan to a small business pursuant to NRS 279.700 to 279.730, inclusive; or
(c) Provides financial incentives to a developer with a value of more than $100,000,
Κ regardless of whether the project is publicly or privately owned, the agency must provide in the loan agreement with the small business or the agreement with the developer, as applicable, that the development project is subject to the provisions of NRS [338.010] 338.013 to 338.090, inclusive, to the same extent as if the agency had awarded the contract for the project. The agency, the small business or the developer, as applicable, any contractor who is awarded the contract or enters into the agreement to perform the project, and any subcontractor who performs any portion of the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the agency had undertaken the project or had awarded the contract. This subsection applies only to the project covered by the loan agreement between the agency and the small business or the agreement between the agency and the developer, as applicable. This subsection does not apply to future development of the property unless an additional loan, or additional financial incentives with a value of more than $100,000, are provided to the small business or developer, as applicable.
κ2019 Statutes of Nevada, Page 712 (CHAPTER 132, AB 190)κ
additional loan, or additional financial incentives with a value of more than $100,000, are provided to the small business or developer, as applicable.
Sec. 17. NRS 318.140 is hereby amended to read as follows:
318.140 In the case of a district created wholly or in part for acquiring sanitary sewer improvements:
1. The board may:
(a) Construct, reconstruct, improve or extend the sanitary sewer system or any part thereof, including, without limitation, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.
(b) Sell any product or by-product thereof and acquire the appropriate outlets within or without the district and extend the sewer lines of the district thereto.
(c) Enter into and perform, without any election, contracts or agreements for a term not to exceed 50 years with any person or a public agency, to provide the services, equipment or supplies necessary or appropriate to conduct tests of the discharge of pollutants into the states water and to report the results of those tests as required by chapter 445A of NRS or the regulations adopted thereunder. For the purposes of this paragraph, public agency has the meaning ascribed to it in NRS 277.100.
2. The provisions of chapters 332 and 339 of NRS do not apply to a contract under which a private developer extends a sewer main to his or her development or installs any appurtenances to that extension. Except as otherwise provided in this subsection, the provisions of chapter 338 of NRS do not apply to such a contract. If the developer does not pay all of the initial construction costs of the extension, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract. The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the extension or installation of appurtenances to the extension, and any subcontractor who performs any portion of the extension or installation of appurtenances to the extension shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the extension or had awarded the contract.
Sec. 18. NRS 318.144 is hereby amended to read as follows:
318.144 1. The board may acquire, construct, reconstruct, improve, extend or better a works, system or facilities for the supply, storage and distribution of water for private and public purposes.
2. The provisions of chapters 332 and 339 of NRS do not apply to a contract under which a private developer constructs water facilities for his or her development. Except as otherwise provided in this subsection, the provisions of chapter 338 of NRS do not apply to such a contract. If the developer does not pay all of the initial construction costs of the facility, the provisions of NRS 338.013 to 338.090, inclusive, apply to the contract. The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the construction of the facility, and any subcontractor who performs any portion of the construction of the facility shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the construction or had awarded the contract.
Sec. 19. NRS 332.390 is hereby amended to read as follows:
332.390 1. If a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive.
κ2019 Statutes of Nevada, Page 713 (CHAPTER 132, AB 190)κ
unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive. The local government, the qualified service company, any contractor who is awarded a contract or enters into an agreement to perform the work for the performance contract, and any subcontractor who performs any portion of that work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the local government had undertaken the work or had awarded the contract.
2. Before a qualified service company enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, that exceeds $100,000, the qualified service company must furnish to the contracting body any bonds required pursuant to NRS 339.025. The provisions of chapter 339 of NRS apply to any performance contract described in this subsection.
Sec. 20. NRS 333A.120 is hereby amended to read as follows:
333A.120 If a performance contract entered into pursuant to this chapter requires the employment of skilled mechanics, skilled workers, semiskilled mechanics, semiskilled workers or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS [338.020] 338.013 to 338.090, inclusive. The using agency, the qualified service company, any contractor who is awarded a contract or enters into an agreement to perform the work for the performance contract, and any subcontractor who performs any portion of that work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the using agency had undertaken the work or had awarded the contract.
Sec. 21. NRS 349.670 is hereby amended to read as follows:
349.670 1. NRS 349.400 to 349.670, inclusive, without reference to other statutes of the State, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 349.400 to 349.670, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 349.400 to 349.670, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.400 to 349.670, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director for work to be done in a project.
κ2019 Statutes of Nevada, Page 714 (CHAPTER 132, AB 190)κ
contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director for work to be done in a project. The Director, the lessee, purchaser, obligor or other enterprise, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for a project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.
5. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 349.400 to 349.670, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
6. The powers conferred by NRS 349.400 to 349.670, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
7. No part of NRS 349.400 to 349.670, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
8. The Director or a person designated by the Director may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 349.400 to 349.670, inclusive, without the assistance or intervention of any other officer.
Sec. 22. NRS 349.956 is hereby amended to read as follows:
349.956 A water project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 349.935 to 349.961, inclusive, except that the provisions of NRS [338.010] 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the Director or a municipality for work to be done in a water project. The Director or municipality, the lessee, purchaser or other obligor, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for a water project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the water project or had awarded the contract.
Sec. 23. NRS 388A.635 is hereby amended to read as follows:
388A.635 1. NRS 388A.550 to 388A.695, inclusive, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, without limitation, the authorization and issuance of bonds.
κ2019 Statutes of Nevada, Page 715 (CHAPTER 132, AB 190)κ
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by NRS 388A.550 to 388A.695, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 388A.550 to 388A.695, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 388A.550 to 388A.695, inclusive [.] , except that the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after July 1, 2019, by the Director of the Department of Business and Industry. The Director, the lessee, purchaser or other obligor, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for the project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.
5. Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 388A.550 to 388A.695, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
6. The powers conferred by NRS 388A.550 to 388A.695, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect, the powers conferred by any other law.
7. No part of NRS 388A.550 to 388A.695, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
8. The Director of the Department of Business and Industry or a person designated by the Director of the Department of Business and Industry may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 388A.550 to 388A.695, inclusive, without the assistance or intervention of any other officer.
κ2019 Statutes of Nevada, Page 716 (CHAPTER 132, AB 190)κ
Sec. 24. NRS 408.3886 is hereby amended to read as follows:
408.3886 1. After selecting the finalists pursuant to NRS 408.3885, the Department shall provide to each finalist a request for final proposals for the project. The request for final proposals must:
(a) Set forth the factors that the Department will use to select a design-build team to design and construct the project, including the relative weight to be assigned to each factor; and
(b) Set forth the date by which final proposals must be submitted to the Department.
2. Except as otherwise provided in this subsection, in assigning the relative weight to each factor for selecting a design-build team pursuant to subsection 1, the Department shall assign, without limitation, a relative weight of 5 percent to the design-build teams possession of both a certificate of eligibility to receive a preference in bidding on public works by the prime contractor on the design-build team, if the design-build team submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117, and a certificate of eligibility to receive a preference when competing for public works by all persons who hold a certificate of registration to practice architecture or a license as a professional engineer on the design-build team, and a relative weight of at least 30 percent for the proposed cost of design and construction of the project. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular project because of the provisions of this subsection relating to a preference in bidding on public works or a preference when competing for public works, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that project.
3. A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the Department will use to select a design-build team to design and construct the project described in subsection 1 and comply with the provisions of NRS 338.141.
4. After receiving the final proposals for the project, the Department shall:
(a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsections 1 and 2;
(b) Reject all the final proposals; or
(c) Request best and final offers from all finalists in accordance with subsection 5.
5. If the Department determines that no final proposal received is cost-effective or responsive and the Department further determines that requesting best and final offers pursuant to this subsection will likely result in the submission of a satisfactory offer, the Department may prepare and provide to each finalist a request for best and final offers for the project. In conjunction with preparing a request for best and final offers pursuant to this subsection, the Department may alter the scope of the project, revise the estimates of the costs of designing and constructing the project, and revise the selection factors and relative weights described in paragraph (a) of subsection 1. A request for best and final offers prepared pursuant to this subsection must set forth the date by which best and final offers must be submitted to the Department. After receiving the best and final offers, the Department shall:
κ2019 Statutes of Nevada, Page 717 (CHAPTER 132, AB 190)κ
(a) Select the most cost-effective and responsive best and final offer, using the criteria set forth in the request for best and final offers; or
(b) Reject all the best and final offers.
6. If the Department selects a final proposal pursuant to paragraph (a) of subsection 4 or selects a best and final offer pursuant to paragraph (a) of subsection 5, the Department shall hold a public meeting to:
(a) Review and ratify the selection.
(b) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.
(c) Make available to the public a summary setting forth the factors used by the Department to select the successful design-build team and the ranking of the design-build teams who submitted final proposals and, if applicable, best and final offers. The Department shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.
7. A contract awarded pursuant to this section:
(a) Must comply with the provisions of NRS [338.020] 338.013 to 338.090, inclusive; and
(b) Must specify:
(1) An amount that is the maximum amount that the Department will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;
(2) An amount that is the maximum amount that the Department will pay for the performance of the professional services required by the contract; and
(3) A date by which performance of the work required by the contract must be completed.
8. The Department, the design-build team, any contractor who is awarded a contract or enters into an agreement to perform work on the project, and any subcontractor who performs work on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Department had undertaken the project or had awarded the contract.
9. A design-build team to whom a contract is awarded pursuant to this section shall:
(a) Assume overall responsibility for ensuring that the design and construction of the project is completed in a satisfactory manner; and
(b) Use the workforce of the prime contractor on the design-build team to construct at least 15 percent of the project.
Sec. 25. NRS 543.545 is hereby amended to read as follows:
543.545 1. Except as otherwise provided in [subsection 3,] this section, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by a flood control district for the construction of a flood control facility pursuant to the master plan, if a majority of the construction costs are paid by a private developer and the written agreement:
κ2019 Statutes of Nevada, Page 718 (CHAPTER 132, AB 190)κ
pursuant to the master plan, if a majority of the construction costs are paid by a private developer and the written agreement:
[1.] (a) Complies with the requirements of subsection 1 of NRS 543.360;
[2.] (b) Clearly sets forth the computation of the construction costs, and includes the terms and conditions of the contract; and
[3.] (c) Contains a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work performed pursuant to the contract.
2. The board, the developer, any contractor who is awarded a contract or enters into an agreement to perform the construction work, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the board had undertaken the construction work or had awarded the contract.
Sec. 26. NRS 701B.265 is hereby amended to read as follows:
701B.265 1. The installation of a solar energy system on property owned or occupied by a public body pursuant to NRS 701B.010 to 701B.290, inclusive, shall be deemed to be a public work for the purposes of chapters 338 and 341 of NRS, regardless of whether the installation of the solar energy system is financed in whole or in part by public money. The public body, the utility, any contractor who is awarded a contract or entered into an agreement to perform the installation and any subcontractor who performs any portion of the installation shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the public body had undertaken the installation or had awarded the contract.
2. The amount of any incentive issued by a utility relating to the installation of a solar energy system on property owned or occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS [338.020] 338.013 to 338.090, inclusive.
3. As used in this section, public body means the State or a county, city, town, school district or any public agency of this State or its political subdivisions.
Sec. 27. NRS 701B.625 is hereby amended to read as follows:
701B.625 1. The installation of a wind energy system on property owned or occupied by a public body pursuant to NRS 701B.400 to 701B.650, inclusive, shall be deemed to be a public work for the purposes of chapters 338 and 341 of NRS, regardless of whether the installation of the wind energy system is financed in whole or in part by public money. The public body, the utility, any contractor who is awarded a contract or entered into an agreement to perform the installation and any subcontractor who performs any portion of the installation shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the public body had undertaken the installation or had awarded the contract.
2. The amount of any incentive issued by a utility relating to the installation of a wind energy system on property owned or occupied by a public body may not be used to reduce the cost of the project to an amount which would exempt the project from the requirements of NRS [338.020] 338.013 to 338.090, inclusive.
κ2019 Statutes of Nevada, Page 719 (CHAPTER 132, AB 190)κ
3. As used in this section, public body means the State or a county, city, town, school district or any public agency of this State or its political subdivisions.
Sec. 28. Section 9.5 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, as amended by chapter 98, Statutes of Nevada 2013, at page 335, is hereby amended to read as follows:
Sec. 9.5. 1. Except as otherwise determined by the Board or provided in subsection 2, the provisions of any law requiring public bidding or otherwise imposing requirements on any public contract, project, acquisition, works or improvements, including, without limitation, the provisions of chapters 332, 338 and 339 of NRS, do not apply to any contract entered into by the Board if the Board:
(a) Complies with the provisions of subsection 3; and
(b) Finances the contract, project, acquisition, works or improvement by means of:
(1) Revenue bonds issued by the Authority; or
(2) An installment obligation of the Authority in a transaction in which:
(I) The Authority acquires real or personal property and another person acquires or retains a security interest in that or other property; and
(II) The obligation by its terms is extinguished by failure of the Board to appropriate money for the ensuing fiscal year for payment of the amounts then due.
2. A contract entered into by the Board pursuant to this section must:
(a) Contain a provision stating that the requirements of NRS [338.010] 338.013 to 338.090, inclusive, apply to any construction work performed pursuant to the contract; and
(b) If the contract is with a design professional who is not a member of a design-build team, comply with the provisions of NRS 338.155. As used in this paragraph, design professional has the meaning ascribed to it in [subsection 7 of] NRS 338.010.
3. For contracts entered into pursuant to this section that are exempt from the provisions of chapters 332, 338 and 339 of NRS pursuant to subsection 1, the Board shall adopt regulations pursuant to subsection [4] 5 which establish:
(a) One or more competitive procurement processes for letting such a contract; and
(b) A method by which a bid on such a contract will be adjusted to give a 5 percent preference to a contractor who would qualify for a preference pursuant to NRS 338.147, if:
(1) The estimated cost of the contract exceeds $250,000; and
(2) Price is a factor in determining the successful bid on the contract.
4. The Board, any contractor who is awarded a contract or enters into an agreement to perform the construction work, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the Board had undertaken the construction work or had awarded the contract.
κ2019 Statutes of Nevada, Page 720 (CHAPTER 132, AB 190)κ
5. The Board:
(a) Shall, before adopting, amending or repealing a permanent or temporary regulation pursuant to subsection 3, give at least 30 days notice of its intended action. The notice must:
(1) Include:
(I) A statement of the need for and purpose of the proposed regulation.
(II) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved.
(III) The estimated cost to the Board for enforcement of the proposed regulation.
(IV) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.
(V) A statement indicating whether the regulation establishes a new fee or increases an existing fee.
(2) State each address at which the text of the proposed regulation may be inspected and copied.
(3) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Authority for that purpose.
(b) May adopt, if it has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this subsection, after providing a second notice and the opportunity for a hearing, a permanent regulation.
(c) Shall, in addition to distributing the notice to each recipient of the Boards regulations, solicit comment generally from the public and from businesses to be affected by the proposed regulation.
(d) Shall, before conducting a workshop pursuant to paragraph (g), determine whether the proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business. If the Board determines that such an impact is likely to occur, the Board shall:
(1) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.
(2) Consider methods to reduce the impact of the proposed regulation on small businesses.
(3) Prepare a small business impact statement and make copies of the statement available to the public at the workshop conducted pursuant to paragraph (g) and the public hearing held pursuant to paragraph (h).
(e) Shall ensure that a small business impact statement prepared pursuant to subparagraph (3) of paragraph (d) sets forth the following information:
(1) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.
κ2019 Statutes of Nevada, Page 721 (CHAPTER 132, AB 190)κ
(2) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:
(I) Both adverse and beneficial effects; and
(II) Both direct and indirect effects.
(3) A description of the methods that the Board considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the Board actually used any of those methods.
(4) The estimated cost to the Board for enforcement of the proposed regulation.
(5) If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the Board expects to collect and the manner in which the money will be used.
(f) Shall afford a reasonable opportunity for all interested persons to submit data, views or arguments upon the proposed regulation, orally or in writing.
(g) Shall, before holding a public hearing pursuant to paragraph (h), conduct at least one workshop to solicit comments from interested persons on the proposed regulation. Not less than 15 days before the workshop, the Board shall provide notice of the time and place set for the workshop:
(1) In writing to each person who has requested to be placed on a mailing list; and
(2) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.
(h) Shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the Board may proceed immediately to act upon any written submissions. The Board shall consider fully all written and oral submissions respecting the proposed regulation.
(i) Shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to paragraph (h) in the manner provided in subsections 1 and 2 of NRS 241.035.
(j) May record each public hearing held pursuant to paragraph (h) and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
(k) Shall ensure that a small business which is aggrieved by a regulation adopted pursuant to this subsection may object to all or a part of the regulation by filing a petition with the Board within 90 days after the date on which the regulation was adopted. Such petition may be based on the following:
(1) The Board failed to prepare a small business impact statement as required pursuant to subparagraph (3) of paragraph (d); or
(2) The small business impact statement prepared by the Board did not consider or significantly underestimated the economic effect of the regulation on small businesses.
Κ After receiving a petition pursuant to this paragraph, the Board shall determine whether the petition has merit. If the Board determines that the petition has merit, the Board may, pursuant to this subsection, take action to amend the regulation to which the small business objected.
κ2019 Statutes of Nevada, Page 722 (CHAPTER 132, AB 190)κ
determines that the petition has merit, the Board may, pursuant to this subsection, take action to amend the regulation to which the small business objected.
[5.] 6. The determinations made by the Board pursuant to this section are conclusive unless it is shown that the Board acted with fraud or a gross abuse of discretion.
Sec. 29. The provisions of NRS 338.030, as amended by section 4 of this act, apply to any rates of prevailing wages determined by the Labor Commissioner pursuant to that section on or after July 1, 2019.
Sec. 30. 1. The amendatory provisions of this act do not apply to a contract for a public work or other project of construction, alteration, repair, remodeling or reconstruction of an improvement or property of a public body that is awarded before July 1, 2019.
2. As used in this section:
(a) Public body has the meaning ascribed to it in NRS 338.010.
(b) Public work has the meaning ascribed to it in NRS 338.010.
Sec. 31. NRS 338.1405 is hereby repealed.
Sec. 32. 1. This act becomes effective on July 1, 2019.
2. Sections 26 and 27 of this act expire by limitation on December 31, 2025.
________
Assembly Bill No. 204Assemblymen Hardy, Leavitt; and Titus
Joint Sponsors: Senators Hardy and Hammond
CHAPTER 133
[Approved: May 25, 2019]
AN ACT relating to prescription drugs; revising provisions governing recovery centers and chart orders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that hospitals, facilities for intermediate care and facilities for skilled nursing which are licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services may use chart orders to authorize the administration of a drug to a patient. (NRS 639.004) Section 2 of this bill defines a recovery center. Section 5 of this bill adds a recovery center to the list of facilities that may use a chart order. Section 3 of this bill authorizes the State Board of Pharmacy to license recovery centers to possess and administer controlled substances and dangerous drugs and authorizes the board to adopt regulations concerning their operation. Section 6 of this bill establishes the maximum fees that the Board may charge for investigating, initially licensing and renewing the license of a recovery center.
κ2019 Statutes of Nevada, Page 723 (CHAPTER 133, AB 204)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Recovery center means any public or private facility that provides only short-term care, not to exceed 72 hours, to a person recovering from surgery, which is licensed as such by the Division of Public and Behavioral Health of the Department of Health and Human Services.
Sec. 3. 1. The Board may issue a license to a facility that is licensed by the State Board of Health pursuant to NRS 449.0303 that meets the requirements set forth by the Board by regulation.
2. The Board shall adopt regulations:
(a) As are necessary for the protection of the public appertaining to the safe and efficient acquisition, possession, storage, handling and administration of controlled substances and dangerous drugs in a facility licensed pursuant to this section.
(b) To set forth the qualifications, authority and duties of a facility licensed pursuant to this section and the owners, employees and contract employees of the facility.
Sec. 4. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 639.004 is hereby amended to read as follows:
639.004 Chart order means an order entered on the chart of a patient in a hospital, recovery center, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department of Health and Human Services or on the chart of a patient under emergency treatment in a hospital by a practitioner or on the written or oral order of a practitioner authorizing the administration of a drug to the patient.
Sec. 6. NRS 639.170 is hereby amended to read as follows:
639.170 1. The Board shall charge and collect not more than the following fees for the following services:
For the examination of an applicant for registration as a pharmacist Actual cost
of the
examination
For the investigation or registration of an applicant as a registered pharmacist, including a certificate by endorsement...................................................................................... $200
For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity 300
For the investigation or issuance of an original license to conduct a retail pharmacy, including a license by endorsement........................................................................................ 600
κ2019 Statutes of Nevada, Page 724 (CHAPTER 133, AB 204)κ
For the biennial renewal of a license to conduct a retail pharmacy. $500
For the investigation or issuance of an original license to conduct an institutional pharmacy, including a license by endorsement........................................................................................ 600
For the biennial renewal of a license to conduct an institutional pharmacy 500
For the investigation or issuance of an original license to conduct a facility licensed pursuant to section 3 of this act................................................................................................. 600
For the biennial renewal of a license to conduct a facility licensed pursuant to section 3 of this act 500
For the issuance of an original or duplicate certificate of registration as a registered pharmacist, including a certificate by endorsement................................................................ 50
For the biennial renewal of registration as a registered pharmacist... 200
For the reinstatement of a lapsed registration (in addition to the fees for renewal for the period of lapse) 100
For the initial registration of a pharmaceutical technician or pharmaceutical technician in training 50
For the biennial renewal of registration of a pharmaceutical technician or pharmaceutical technician in training 50
For the investigation or registration of an intern pharmacist............. 50
For the biennial renewal of registration as an intern pharmacist....... 40
For investigation or issuance of an original license to a manufacturer or wholesaler 500
For the biennial renewal of a license for a manufacturer or wholesaler 500
For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon 100
For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both 300
For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both....................................................................................................... 300
κ2019 Statutes of Nevada, Page 725 (CHAPTER 133, AB 204)κ
2. If an applicant submits an application for a certificate or license by endorsement pursuant to NRS 639.136 or 639.2315, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1, respectively, for:
(a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.
(b) The issuance of an original license to conduct a retail or an institutional pharmacy.
3. If an applicant submits an application for a certificate or license by endorsement pursuant to NRS 639.1365 or 639.2316, as applicable, the Board shall collect not more than one-half of the fee set forth in subsection 1, respectively, for:
(a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.
(b) The issuance of an original license to conduct a retail or an institutional pharmacy.
4. If a person requests a special service from the Board or requests the Board to convene a special meeting, the person must pay the actual costs to the Board as a condition precedent to the rendition of the special service or the convening of the special meeting.
5. All fees are payable in advance and are not refundable.
6. The Board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.
Sec. 7. NRS 639.23275 is hereby amended to read as follows:
639.23275 1. Except as otherwise provided in NRS 453.256, no pharmacy may deliver a controlled substance or dangerous drug for a specific patient to a hospital, recovery center, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department of Health and Human Services which does not have a pharmacy on the premises except pursuant to a prescription given:
(a) Directly from the prescribing practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the prescribing practitioner; or
(c) By an oral order transmitted by an agent of the prescribing practitioner.
2. If an order for entry on a chart is given by a prescribing practitioner, the chart order must be signed by the practitioner who authorized the administration of the drug within 48 hours after the order is given by that practitioner.
Sec. 8. This act becomes effective July 1, 2019.
________
κ2019 Statutes of Nevada, Page 726κ
Assembly Bill No. 212Assemblymen Hansen; Edwards, Hafen, Leavitt, Miller, Monroe-Moreno and Titus
Joint Sponsor: Senator Pickard
CHAPTER 134
[Approved: May 25, 2019]
AN ACT relating to confidential information; authorizing certain persons who perform tasks related to code enforcement to obtain court orders requiring a county assessor, county recorder, the Secretary of State or a county or city clerk to maintain certain personal information in a confidential manner; authorizing such persons to request the Department of Motor Vehicles to display an alternate address on the persons drivers license, commercial drivers license or identification card; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in their records in a confidential manner. The person seeking the order must submit to the court a sworn affidavit that, among other things, sets forth sufficient justification for the request for confidentiality. (NRS 247.530, 250.130, 293.906) The persons authorized to obtain such orders include justices, judges, certain court personnel, certain prosecutors and state or county public defenders. Existing law also authorizes the spouse, domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the performance of his or her duties to obtain such orders. (NRS 247.540, 250.140, 293.908) Sections 1-3 of this bill further authorize such orders to be obtained by any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who: (1) possesses specialized training in code enforcement; (2) interacts with the public; and (3) whose primary duties are the performance of tasks related to code enforcement.
Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the persons drivers license, commercial drivers license or identification card. (NRS 481.091) Section 4 of this bill further authorizes any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who: (1) possesses specialized training in code enforcement; (2) interacts with the public; and (3) whose primary duties are the performance of tasks related to code enforcement, to make such requests.
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 247.540 is hereby amended to read as follows:
247.540 1. The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:
κ2019 Statutes of Nevada, Page 727 (CHAPTER 134, AB 212)κ
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
(h) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (g), inclusive.
[(h)] (i) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (g), inclusive, who was killed in the performance of his or her duties.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.
3. As used in this section, code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
Sec. 2. NRS 250.140 is hereby amended to read as follows:
250.140 1. The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any peace officer or retired peace officer.
(f) Any prosecutor.
(g) Any state or county public defender.
(h) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.
(i) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(g),] (h), inclusive.
κ2019 Statutes of Nevada, Page 728 (CHAPTER 134, AB 212)κ
[(i)] (j) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(g),] (h), inclusive, who was killed in the performance of his or her duties.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.
3. As used in this section:
(a) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(b) Peace officer means:
(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and
(2) Any person:
(I) Who resides in this State;
(II) Whose primary duties are to enforce the law; and
(III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.
[(b)] (c) Prosecutor has the meaning ascribed to it in NRS 241A.030.
Sec. 3. NRS 293.908 is hereby amended to read as follows:
293.908 The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:
1. Any justice or judge in this State.
2. Any senior justice or senior judge in this State.
3. Any court-appointed master in this State.
4. Any clerk of a court, court administrator or court executive officer in this State.
5. Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(a) Crimes that are punishable as category A felonies; or
(b) Domestic violence.
6. Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(a) Crimes that are punishable as category A felonies; or
(b) Domestic violence.
7. Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(a) Who possesses specialized training in code enforcement;
(b) Who, as part of his or her normal job responsibilities, interacts with the public; and
(c) Whose primary duties are the performance of tasks related to code enforcement.
8. The spouse, domestic partner or minor child of a person described in subsections 1 to [6,] 7, inclusive.
[8.] 9. The surviving spouse, domestic partner or minor child of a person described in subsections 1 to [6,] 7, inclusive, who was killed in the performance of his or her duties.
κ2019 Statutes of Nevada, Page 729 (CHAPTER 134, AB 212)κ
10. As used in this section, code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
Sec. 4. NRS 481.091 is hereby amended to read as follows:
481.091 1. The following persons may request that the Department display an alternate address on the persons drivers license, commercial drivers license or identification card:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of the court, court administrator or court executive officer in this State.
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
(h) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (g), inclusive.
[(h)] (i) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (g), inclusive, who was killed in the performance of his or her duties.
2. A person who wishes to have an alternate address displayed on his or her drivers license, commercial drivers license or identification card pursuant to this section must submit to the Department satisfactory proof:
(a) That he or she is a person described in subsection 1; and
(b) Of the persons address of principal residence and mailing address, if different from the address of principal residence.
3. A person who obtains a drivers license, commercial drivers license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her drivers license, commercial drivers license or identification card instead of the alternate address.
4. The Department may adopt regulations to carry out the provisions of this section.
5. As used in this section, code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 730κ
Senate Bill No. 56Committee on Natural Resources
CHAPTER 135
[Approved: May 25, 2019]
AN ACT relating to natural resources; revising provisions related to the protection of flora; revising certain definitions related to the protection of trees and flora and to forest practice and reforestation; revising provisions relating to a written plan for a prescribed fire; revising the information required to be included in an application for a logging permit; revising provisions regarding logging operations; authorizing the suspension or revocation of a logging permit for operating ground-based equipment on saturated soil; revising the requirements for the performance bond which must accompany an application for a timberland conversion certificate; eliminating the requirement that the State Forester Firewarden cause a decennial report to be created regarding certain renewable natural resources in the State; eliminating the authority of the State Forester Firewarden to reduce the required amount for certain performance bonds; making various other changes relating to forestry; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, it is unlawful to cut, destroy, mutilate, pick or remove any flora on any: (1) private lands without a written permit from the owner, occupant or authorized agent of the owner or occupant; or (2) state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources except in accordance with regulations of the Division. (NRS 527.050) Further, no flora on the list of fully protected species may be removed or destroyed from any land except pursuant to a special permit issued by the State Forester Firewarden. (NRS 527.270) Section 1 of this bill clarifies that, in addition to obtaining written permission from the owner or complying with regulations of the Division, as applicable, a special permit must be obtained from the State Forester Firewarden in order to remove from private lands or state lands any flora that has been placed on the list of fully protected species.
Under existing law, the term controlled fire is used to describe the controlled application of fire to natural vegetation under specified conditions after precautionary actions have been taken to ensure that the fire is confined to a predetermined area. (NRS 527.122, 527.126, 527.128) Sections 2-4 of this bill change the term controlled fire to prescribed fire.
Section 6 of this bill defines ground-based equipment to refer to certain mobile logging equipment including tractors.
Section 29 of this bill eliminates the definition of tractor. Sections 19-24 of this bill make conforming changes.
Existing law defines the term adequately stocked as having sound thrifty trees well distributed over the growing area and meeting certain criteria for tree growth and size. (NRS 528.013) Sections 7, 12 and 29 of this bill replace adequately stocked with the term minimally stocked and revise the criteria to be considered minimally stocked.
Under existing law, slash means split product material, branches, limbs or stems of any species left in the harvest area as a result of current timber harvesting. (NRS 528.024) Section 9 of this bill eliminates split product material from the definition and expands the scope of the term to include forest management activities.
κ2019 Statutes of Nevada, Page 731 (CHAPTER 135, SB 56)κ
Under existing law, stream means a natural watercourse designated by certain symbols in the most recent United States Geological Survey. (NRS 528.0255) Section 10 of this bill revises the definition to mean a perennial or intermittent natural watercourse that supports riparian vegetation.
Under existing law, thrifty trees means trees with usually long, full, pointed tops and lower limbs frequently dead, but containing very few dead limbs in the upper green portion of the crown. (NRS 528.026) Section 11 of this bill defines thrifty trees as trees with healthy foliage, at least 40-percent live crown ratio and a generally healthy appearance.
Existing law provides that a timber owner or operator must submit an application and secure a logging permit from the State Forester Firewarden prior to any logging or cutting operation. (NRS 528.042, 528.043) Section 14 of this bill requires a timber owner or operator to submit a statement of the objectives of the harvest and the conditions of the stand as part of the logging permit application and makes other changes to the application requirements.
Under existing law, a logging permit may be suspended or revoked under certain circumstances. (NRS 528.047) Section 15 of this bill provides that a logging permit may also be suspended or revoked for operating ground-based equipment on saturated soil.
Under existing law, no person may engage in tractor logging on a slope whose gradient is 30 percent or more without first obtaining a variance from the State Forester Firewarden. (NRS 528.048) Section 16 of this bill changes the restriction so that use of ground-based equipment on a slope greater than 30 percent is prohibited.
Existing law restricts the cutting practices of every timber owner or operator conducting logging operations within this State. (NRS 528.050) Section 17 of this bill makes various changes to those restrictions, including adding a requirement that the logging harvest area be minimally stocked not later than 5 years after completion of the logging operations.
Under existing law, felling of trees, skidding, rigging and construction of tractor or truck roads or landings, and the operation of such vehicles during a logging operation, is prohibited within 200 feet of the high-water mark of certain bodies of water, with limited exceptions. (NRS 528.053) Section 18 of this bill reduces the prohibited area to 50 feet but also authorizes a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer to prohibit such activities in an area greater than 50 feet when site conditions warrant.
Under existing law, upon completion of a logging or cutting operation, the timber owner or operator is required to sow suitable grass seed in the spring when moisture conditions are favorable on skid trails, skid roads, unmaintained tractor and truck roads and landings. (NRS 528.057) Section 23 of this bill provides that the seed may be sowed when moisture conditions are favorable regardless of the season.
Under existing law, a timber owner or operator conducting logging operations in the State is required to undertake certain fire prevention and suppression measures. (NRS 528.070) Section 25 of this bill removes the requirement that timber owners or operators fell certain dead trees and standing dead tree sections as part of those fire prevention and suppression practices.
Under existing law, a timberland conversion certificate from the State Forester Firewarden is required to convert timber lands for other use and a performance bond is required as part of the application for a conversion certificate. (NRS 528.082, 528.083) Section 26 of this bill amends the list of types of acceptable performance bonds.
Under existing law, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to certain governmental agencies. (NRS 528.150) Section 27 of this bill revises the required contents of this report.
Under existing law, the State Forester Firewarden must cause a report on certain renewable natural resources in the State to be created at least every 10 years.
κ2019 Statutes of Nevada, Page 732 (CHAPTER 135, SB 56)κ
(NRS 527.310) Further, the State Forester Firewarden may enter into cooperative agreements with certain entities to collect and publish data related to the report. (NRS 527.320) Section 29 of this bill eliminates the reporting requirement and the authority of the State Forester Firewarden to enter into cooperative agreements related to the report.
Section 29 also eliminates the authority of the State Forester Firewarden to reduce a performance bond required to secure a timberland conversion certificate or logging permit.
Existing law defines various terms related to forest practice and reforestation (NRS 528.013-528.027) Section 29 removes the definitions for old-growth, prior-cut, seed tree, snag and young-growth.
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 527.050 is hereby amended to read as follows:
527.050 1. It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently:
(a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without [a] obtaining:
(1) A written permit therefor from the owner or occupant or the duly authorized agent of the owner or occupant [.] ; and
(2) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit from the State Forester Firewarden.
(b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources [except in accordance] without:
(1) Complying with regulations of the Division [.] of State Parks; and
(2) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, obtaining a special permit from the State Forester Firewarden.
(c) To cut, destroy, mutilate, pick or remove any flora [declared endangered by the State Forester Firewarden] that has been placed on the list of fully protected species pursuant to NRS 527.270 from any lands [, other than state park lands provided for in paragraph (b), owned by or under the control of] within the State of Nevada [or the United States] not otherwise described in paragraphs (a) and (b) without obtaining a [written] special permit [therefor] from the State Forester Firewarden . [or the State Forester Firewardens designate.]
Κ For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.
2. Every person violating the provisions of this section is guilty of a public offense proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.
κ2019 Statutes of Nevada, Page 733 (CHAPTER 135, SB 56)κ
3. The State Forester Firewarden and his or her representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
4. Except as to flora [declared endangered by the State Forester Firewarden] that has been placed on the list of fully protected species of native flora pursuant to NRS 527.270 or as to flora on state park lands regulated by the Division of State Parks, the provisions of this section do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.
Sec. 2. NRS 527.122 is hereby amended to read as follows:
527.122 As used in NRS 527.122 to 527.128, inclusive, unless the context otherwise requires:
1. Authority means the State Forester Firewarden, or a local government, whichever is charged with responsibility for fire protection in the area where a [controlled] prescribed fire is to take place.
2. [Controlled] Prescribed fire means the [controlled] prescribed application of fire to natural vegetation under specified conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.
Sec. 3. NRS 527.126 is hereby amended to read as follows:
527.126 1. The authority may authorize an agency of this state or any political subdivision of this state to commence a [controlled] prescribed fire.
2. A [controlled] prescribed fire must be conducted:
(a) Pursuant to a written plan which has been submitted to and authorized by the authority; and
(b) Under the direct supervision of at least one person who is qualified to oversee such fires and who remains on-site for the duration of the fire.
3. A [controlled] prescribed fire which is commenced pursuant to this section and which complies with laws relating to air pollution shall be deemed in the best interest of the public and not to constitute a public or private nuisance.
4. The State of Nevada, an agency of this state or any political subdivision or local government of this state, or any officer or employee thereof, is not liable for any damage or injury to property or persons, including death, which is caused by a [controlled] prescribed fire that is authorized pursuant to this section, unless the fire was conducted in a grossly negligent manner.
Sec. 4. NRS 527.128 is hereby amended to read as follows:
527.128 1. The written plan required by NRS 527.126 must remain on-site for the duration of the fire. The plan must be prepared by a person qualified to oversee a [controlled] prescribed fire and contain at least:
(a) A description and map of the area to be burned;
(b) A list of the personnel and equipment necessary to commence and control the fire;
(c) A description of the meteorological factors that must be present before commencing a [controlled] prescribed fire, including surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature and fine fuel moisture;
κ2019 Statutes of Nevada, Page 734 (CHAPTER 135, SB 56)κ
(d) A description of considerations related to common behavioral patterns of fires in the area to be burned, including various burning techniques, the anticipated length of the flame and the anticipated speed of the fire; and
(e) The signature of the person who prepared the plan.
2. Before signing the written plan, the person qualified to oversee the fire must evaluate and approve the anticipated impact of the fire on surrounding areas which are sensitive to smoke.
3. The State Forester Firewarden shall establish the qualifications for a person to oversee a [controlled] prescribed fire.
Sec. 5. Chapter 528 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. Ground-based equipment means mobile equipment, including, without limitation, tractors, dozers, skidders, excavators, loaders, mechanized harvesters and forwarders, that are used for harvesting, site preparation or slash hazard reduction.
Sec. 7. Minimally stocked means having sound, thrifty trees distributed over the growing area, excluding rocky areas, meadows and bodies of water, in which:
1. There are 250 trees per acre, at least 6 inches in height, but less than 4 inches d.b.h.;
2. There are 150 trees per acre, 4 to 6 inches d.b.h.;
3. There are 75 trees per acre, 8 to 10 inches d.b.h.;
4. There are 40 trees per acre, 12 inches d.b.h. or larger; or
5. Any other minimum stocking levels of the area as set forth in a logging plan that were approved by the State Forester Firewarden are satisfied.
Sec. 8. NRS 528.012 is hereby amended to read as follows:
528.012 As used in this chapter, unless the context otherwise requires, the terms defined in NRS [528.013] 528.014 to [528.027,] 528.0263, inclusive, and sections 6 and 7 of this act have the meanings ascribed to them in such sections.
Sec. 9. NRS 528.024 is hereby amended to read as follows:
528.024 Slash means [split product material,] branches, limbs or stems of any species left in the harvest area as a result of current [timber harvesting.] forest management activities.
Sec. 10. NRS 528.0255 is hereby amended to read as follows:
528.0255 Stream means a perennial or intermittent natural watercourse [designated by a solid line or dash and three dot symbol shown in blue on the most recently published United States Geological Survey 7.5 minute series topographic map.] that supports riparian vegetation.
Sec. 11. NRS 528.026 is hereby amended to read as follows:
528.026 Thrifty trees means trees with [usually long, full, pointed tops and lower limbs frequently dead, but containing very few dead limbs in the upper green portion of the crown. Such trees usually fall within Dunnings tree classes 1 and 2, and Keens tree classes 1a, 1b, 2a and 2b.] healthy foliage, a live crown ratio of at least 40 percent and a generally healthy appearance.
Sec. 12. NRS 528.0263 is hereby amended to read as follows:
528.0263 Timber owner means a person or entity who owns a tree-dominated landscape which is naturally capable of supporting [adequately] minimally stocked stands of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial or urban uses.
κ2019 Statutes of Nevada, Page 735 (CHAPTER 135, SB 56)κ
minimally stocked stands of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial or urban uses.
Sec. 13. NRS 528.030 is hereby amended to read as follows:
528.030 1. NRS 528.010 to 528.090, inclusive, and sections 6 and 7 of this act are adopted:
(a) To establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator.
(b) To promote the sustained productivity of the forests of the Sierra Nevada Mountains in Nevada.
(c) To preserve the natural water supply of the State in the interests of the economic welfare of the State.
2. The provisions of NRS 528.010 to 528.090, inclusive, and sections 6 and 7 of this act shall not be construed in any way to condone any activity which causes significant degradation of water quality.
Sec. 14. NRS 528.043 is hereby amended to read as follows:
528.043 An application for a logging permit shall be accompanied by:
1. A logging plan including, [but not limited to,] without limitation, the following information:
(a) An accurate topographical map showing exterior boundaries of the areas to be logged and the roads, structures and landings, existing and proposed.
(b) A statement that contains the objectives of the harvest and the conditions of the stand, including, without limitation:
(1) The current species composition and density of the stand;
(2) The anticipated species composition and density of the stand post treatment; and
(3) The current insects and diseases present at the stand.
(c) The volume of timber to be removed.
[(c)] (d) The time required for removal of such volume.
[(d) The specification as to the percentage of merchantable volume to be removed and the composition of any residual stand.]
(e) The revegetation plan, if applicable.
(f) The slash-disposal and cleanup plans [.] , including, without limitation, the timing and the methods of the disposal of the slash.
(g) The road construction specifications and erosion control measures.
(h) The spill prevention plan.
(i) An outline of the fire prevention and protection plans and procedures.
[(i)] (j) A description of tools and equipment suitable and available for fire fighting, and the number of persons normally available for fire fighting.
(k) The minimum stocking levels of the area as approved by the State Forester Firewarden.
2. If a variance is requested pursuant to NRS 528.048, the applicant shall also furnish the State Forester Firewarden with information and data regarding:
(a) Soil characteristics;
(b) Reproduction capability of the area;
(c) Ground and litter cover;
(d) Soil erosion hazards;
(e) Natural drainage features;
(f) Percent of gradient and aspect of slopes;
(g) Description of the method of logging and equipment to be used; and
(h) Such other information as the State Forester Firewarden may require.
κ2019 Statutes of Nevada, Page 736 (CHAPTER 135, SB 56)κ
3. A performance bond in an amount set by the State Forester Firewarden , [and based upon the contract price or value of the timber to be cut,] which shall be conditioned upon compliance with all provisions of the logging permit, and shall be approved as to form and sufficiency by the State Forester Firewarden.
Sec. 15. NRS 528.047 is hereby amended to read as follows:
528.047 Any logging permit may be suspended or revoked for any of the following reasons:
1. Failure to comply with:
(a) The forest practice rules or regulations;
(b) The conditions of the permit;
(c) The original logging plan; or
(d) Any accepted alternate logging plan.
2. Refusal to allow any inspection by the State Forester Firewarden or the agent of the State Forester Firewarden.
3. Inadequate performance bond.
4. Operating ground-based equipment on saturated soil.
Sec. 16. NRS 528.048 is hereby amended to read as follows:
528.048 1. No person may [engage in tractor logging] operate ground-based equipment on a slope [whose gradient] that is greater than 30 percent [or more] without first obtaining a variance from the State Forester Firewarden.
2. The State Forester Firewarden shall act on a request for a variance within 45 days after receipt of a proper application, which shall include the information required by subsection 2 of NRS 528.043. If a variance is granted, it is subject to such conditions and requirements as the State Forester Firewarden may prescribe.
3. In acting on a request for a variance, the State Forester Firewarden shall consider the following factors:
(a) The extent to which [tractor logging] ground-based equipment may destroy advanced regeneration and litter cover;
(b) The extent to which [tractor logging] ground-based equipment may cause soils to be displaced or erode; and
(c) The extent to which [tractor logging] ground-based equipment may cause siltation and eroded soils to infiltrate the [200-foot] 50-foot stream buffer.
4. An applicant may request a hearing before the State Forester Firewarden within 10 days after the denial of a request for a variance.
5. Upon any final denial, any performance bond shall be returned to the applicant.
Sec. 17. NRS 528.050 is hereby amended to read as follows:
528.050 [The cutting practices of]
1. Except as otherwise provided in subsection 2, every timber owner or operator conducting logging operations within this state shall [conform to the following:
1. Areas of old-growth timber shall have reserved and left uncut for future crops all sound, immature trees 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked. Seed trees shall be approved by the State Forester Firewarden.] cause the harvest area to be minimally stocked not later than 5 years after completion of the logging operations.
κ2019 Statutes of Nevada, Page 737 (CHAPTER 135, SB 56)κ
2. [Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound, immature trees of 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked. Seed trees shall be approved by the State Forester Firewarden.
3. On areas of young-growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.
4. The following may be cut regardless of size:
(a) Trees with dead tops.
(b) Trees with butt burns, with over half of the circumference burned and exposed wood showing decay.
(c) Trees with bad lightning scars.
(d) Trees infested with insects or disease.
(e) Trees injured or broken during operations.
(f) Trees to be removed for purpose of clearing of rights-of-way, landings, campsites or firebreaks.
(g) Excessively crooked trees.
(h) Suppressed trees with less than 25 percent crown.
5. No tractor logging shall be conducted on saturated soils.
Κ] The provisions of [this section] subsection 1 do not apply [if] :
(a) If trees are being removed to change the use of the land from forest production to another use, but the timber owner or the agent of the timber owner shall obtain a timberland conversion certificate as provided in this chapter [.] ; or
(b) To a logging operation that only involves the salvage of dead timber.
Sec. 18. NRS 528.053 is hereby amended to read as follows:
528.053 1. No felling of trees, skidding, rigging or construction of [tractor or truck] roads or landings, or the operation of [such] vehicles, may take place during a logging operation within [200] 50 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained pursuant to subsection 2 from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.
2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a [200-foot] 50-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.
3. In acting on a request for such variances, the committee shall consider the following factors:
(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;
(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
κ2019 Statutes of Nevada, Page 738 (CHAPTER 135, SB 56)κ
(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;
(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;
(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and
(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
4. The committee may prohibit a logging operation from felling trees, skidding, rigging or constructing roads or landings, or operating vehicles, in an area greater than 50 feet, measured on the slope, from the high-water mark of any lake, reservoir, stream or other body of water if the committee determines that the site conditions of the logging operation warrant such prohibition.
Sec. 19. NRS 528.055 is hereby amended to read as follows:
528.055 1. [Tractor skid] Skid trails, landings, logging [truck] roads and firebreaks shall be so located, constructed, used and left after timber harvesting that erosion caused by water flow therefrom and water flow in natural watercourses shall be limited to a reasonable minimum that will not impair the productivity of the soil or appreciably diminish the quality of the water.
2. Roadside berms shall be constructed where necessary to guide surface water flow to the point of planned diversion required by NRS 528.0551 and 528.0552, and to prevent unnecessary erosion of fills and side cast material.
Sec. 20. NRS 528.0551 is hereby amended to read as follows:
528.0551 1. Except as provided in NRS 528.0552, 528.0553 and 528.0554, water breaks or culverts, or both, shall be constructed for all logging [truck] roads, [tractor] skid trails and firebreaks no later than November 15 of each year. Water breaks or culverts, or both, shall:
(a) Be located in minimal fill areas;
(b) Be effective in diverting surface water from logging [truck] roads, [tractor] skid trails and firebreaks;
(c) Provide unrestricted discharge into an area having sufficient filter capacity to effectively remove water-borne sediment to prevent a serious risk of causing significant degradation of water quality; and
(d) Be installed at such intervals as are necessary to reasonably prevent surface water on or from such logging [truck] roads, [tractor] skid trails and firebreaks from accumulating in sufficient volume or accelerating to sufficient velocity to cause excessive erosion. The following guidelines shall be considered in determining reasonable water break or culvert intervals:
(1) On grades of 10 percent or less, intervals of 100 to 200 feet;
(2) On grades of 11 to 25 percent, intervals of 75 to 150 feet;
(3) On grades of 26 to 49 percent, intervals of 50 to 100 feet; and
(4) On grades of 50 percent or more, intervals of 30 to 75 feet.
2. Advance flagging of water break or culvert locations shall be provided wherever necessary to insure that the location and spacing of the water breaks or culverts, or both, is adequate to prevent water flow from creating a serious risk of causing significant degradation of water quality.
κ2019 Statutes of Nevada, Page 739 (CHAPTER 135, SB 56)κ
3. On permanent [truck] roads, water breaks or culverts, or both, shall be cut a minimum of 12 inches into the firm road surface and shall be constructed so that they will not be rendered ineffective by the passage of motorized vehicles.
Sec. 21. NRS 528.0553 is hereby amended to read as follows:
528.0553 If weather or soil conditions, or both, prevent installation of water breaks, culverts or outsloped drainage structures, or any combination thereof, prior to November 15 of each year as required by NRS 528.0551 and 528.0552, the drainage of [truck] roads, [tractor] skid trails and firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilities can be installed.
Sec. 22. NRS 528.0554 is hereby amended to read as follows:
528.0554 Wherever terrain or any other factor precludes proper diversion of water flow from [tractor] skid trails as required by NRS 528.0551 and 528.0552, slash shall be scattered on such [tractor] skid trails in sufficient quantity to retard water flow thereon and hold erosion to a minimum.
Sec. 23. NRS 528.057 is hereby amended to read as follows:
528.057 1. Every timber owner or operator, upon completion of his or her logging or cutting operation, shall sow suitable grass seed on skid trails, skid roads, unmaintained [tractor and truck] roads and landings to help maintain the productive condition of the cut-over timberlands. Drill seedings shall be done where feasible.
2. The seed shall:
(a) Be approved by the State Forester Firewarden;
(b) Not be sown during windy weather or when the ground is frozen or under any other unsuitable conditions; and
(c) Be spread evenly at not less than 12 pounds per acre [in the spring] when moisture conditions are favorable.
Sec. 24. NRS 528.060 is hereby amended to read as follows:
528.060 For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition and to regulate timberland conversion, the State Forester Firewarden:
1. Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, [tractor and truck] other roads, landings and rigging as the State Forester Firewarden deems wise and necessary.
2. May adopt such regulations as are necessary to carry out the provisions of NRS 528.010 to 528.090, inclusive.
Sec. 25. NRS 528.070 is hereby amended to read as follows:
528.070 The fire prevention and suppression practices of every timber owner or operator conducting logging operations in this State [shall conform to the following:
1. All such timber owners or operators shall fell all snags over 20 feet in height which are 16 inches d.b.h. or larger concurrently with the felling of live merchantable timber on forest lands in this State. However, in salvaging fire-killed or insect-killed timber where the average number of snags, after logging, will be greater than four per acre, the timber owner or operator shall dispose of only an average of four snags per acre.
2. All] must include, without limitation, lopping and scattering limbs from unutilized portions of trees and reproduction, felled or knocked down by logging or construction, within 100 feet of the traveled surface of any public road and main logging roads .
κ2019 Statutes of Nevada, Page 740 (CHAPTER 135, SB 56)κ
public road and main logging roads . [shall be lopped and scattered] Such lopping and scattering must be performed currently in the course of operations. In areas where a timber owner or operator chooses to pile and burn lopped slash, the slash [shall] must be piled and burned where the burning will not damage residual trees or reproduction. The piled slash [shall] must be burned at a safe time as determined by the State Forester Firewarden. Piles that fail to burn clean [shall] must be repiled and burned. All reasonable precautions [shall] must be taken to confine such burning to the piled slash.
Sec. 26. NRS 528.083 is hereby amended to read as follows:
528.083 An application for a timberland conversion certificate shall be accompanied by the following:
1. A conversion plan on a form prescribed by the State Forester Firewarden, which shall set forth in detail information pertaining to:
(a) The present and future use of such land;
(b) The soil and topography of such land;
(c) The conversion techniques;
(d) The conversion time schedule; and
(e) Such other information as the State Forester Firewarden may require.
2. An affidavit on a form prescribed by the State Forester Firewarden, which shall include:
(a) The name of the applicant;
(b) The nature of the use to which such land is to be devoted;
(c) The dates when such conversion is to commence and be completed; and
(d) The signature of the applicant.
3. A performance bond of not less than an amount equal to $75 for each acre of the land to be converted, which shall be conditioned on compliance with the provisions of the timberland conversion certificate, and shall insure the cost of any needed stabilization, revegetation or rehabilitation work. Such performance bond shall be in one of the following forms:
(a) A surety bond with a surety qualified to do business in this state [.] ; or
(b) A personal bond accompanied by a [deposit of:
(1) Cash, a cashiers check or a money order] surety bond, certificate of deposit or treasury note in the required amount . [; or
(2) Negotiable securities acceptable to the State Forester Firewarden in the required amount together with a power of attorney in favor of the State Forester Firewarden to sell such securities in the event of default.
(c) An individual surety executed on a form prescribed by the State Forester Firewarden and guaranteed by at least two persons of financial standing acceptable to the State Forester Firewarden.]
4. Such additional information as the applicant may desire to submit or as the State Forester Firewarden may require.
Sec. 27. NRS 528.150 is hereby amended to read as follows:
528.150 1. On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:
(a) The Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
κ2019 Statutes of Nevada, Page 741 (CHAPTER 135, SB 56)κ
(b) The Governor;
(c) The Tahoe Regional Planning Agency; and
(d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.
2. The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:
(a) The status of:
(1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;
(2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and
(3) Efforts concerning rehabilitation of vegetation, if any, as a result of a fire or other event which significantly disturbs the vegetation in the Nevada portion of the Lake Tahoe Basin.
(b) Compliance with:
(1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and
(2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.
(c) Any efforts to:
(1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and
(2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.
Sec. 28. Any agreement entered into pursuant to NRS 527.320 before the effective date of this act is not affected by the provisions of section 29 of this act.
Sec. 29. NRS 527.310, 527.320, 528.013, 528.019, 528.022, 528.023, 528.025, 528.0265, 528.027, 528.046 and 528.087 are hereby repealed.
Sec. 30. This act becomes effective upon passage and approval.
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κ2019 Statutes of Nevada, Page 742κ
Assembly Bill No. 21Committee on Government Affairs
CHAPTER 136
[Approved: May 25, 2019]
AN ACT relating to local governing bodies; authorizing, under certain circumstances, a board of county commissioners in certain counties to appoint members of certain local governing bodies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the creation of certain local districts, boards, councils and commissions and provides that the members of the local governing bodies of such are elected. (Chapters 244, 318, 474 and 539 of NRS, NRS 269.024-269.0248, 450.550-450.750) This bill authorizes, under certain circumstances, the board of county commissioners in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to adopt an ordinance providing that the board will appoint the members of a local governing body rather than hold elections for the positions, if each member of the local governing body is entitled to receive annual compensation of less than $6,000 for his or her service on the body. Before the board of county commissioners may provide by ordinance for the appointment of the members of the local governing body, the board must determine the number of current members serving on the local governing body. If the local governing body does not have enough current members to obtain a quorum, the board of county commissioners may provide that the members of the local governing body may be appointed instead of elected without obtaining approval from the current members of the local governing body. If the local governing body has enough current members to obtain a quorum, the board of county commissioners may not provide that the members of the local governing body may be appointed instead of elected unless a majority of current members of the local governing body so approve.
This bill also authorizes the board of county commissioners to repeal or amend the ordinance providing for the appointment of the members of the local governing body to return to electing the members of the local governing body.
This bill defines local governing body to mean any district, board, council or commission that is charged with executing limited duties or functions within the county and includes a town board, citizens advisory council, general improvement district, county hospital district, fire protection district and irrigation district.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law and subject to the provisions of subsection 2, if each member of a local governing body within a county whose population is less than 100,000 is entitled to receive annual compensation of less than $6,000 for serving on the local governing body, the board of county commissioners may, by ordinance, provide that the members may be appointed by the board of county commissioners instead of elected to that local governing body.
κ2019 Statutes of Nevada, Page 743 (CHAPTER 136, AB 21)κ
2. Before the board of county commissioners of a county whose population is less than 100,000 may provide by ordinance pursuant to subsection 1 that the members of a local governing body may be appointed instead of elected, the board of county commissioners must determine the number of current members serving on the local governing body. If the local governing body:
(a) Does not have enough current members serving on the local governing body to obtain a quorum for the transaction of the business of the local governing body, the board of county commissioners may provide that the members of the local governing body may be appointed instead of elected without obtaining the approval of the current members of the local governing body.
(b) Has enough current members serving on the local governing body to obtain a quorum for the transaction of the business of the local governing body, the board of county commissioners may not provide that the members of the local governing body may be appointed instead of elected unless a majority of the current members of the local governing body so approve.
3. If, pursuant to this section, the board of county commissioners of a county whose population is less than 100,000 provides for the appointment of members to a local governing body:
(a) Each existing member of the governing body is entitled to serve out the remainder of the term for which he or she was elected before a replacement member may take office;
(b) If the terms of the existing members of the governing body are staggered, the board of county commissioners shall appoint members to the governing body to take office as the term of each existing member expires;
(c) A vacancy in the unexpired term of an existing member must be filled by appointment;
(d) The term of each appointed member is the same length as if the member was elected; and
(e) Each appointed member may be reappointed by the board of county commissioners to any number of additional terms.
4. The board of county commissioners of a county whose population is less than 100,000 may amend or repeal an ordinance adopted pursuant to subsection 1 to resume the election of the members of the local governing body to which the ordinance refers. If the election of the members of the local governing body is resumed:
(a) Each existing member of the governing body is entitled to serve out the remainder of the term for which he or she was appointed before a replacement member may take office; and
(b) If the terms of the existing members of the governing body are staggered, the board of county commissioners shall provide for the election of the members to the governing body as the term of each existing member expires.
5. Except as otherwise provided in this section, all other provisions of law relating to the local governing body, including, without limitation, the composition of the local governing body, the qualifications for membership and any residency requirements remain applicable.
κ2019 Statutes of Nevada, Page 744 (CHAPTER 136, AB 21)κ
6. For the purposes of this section, local governing body means any district, board, council or commission that is charged with the execution of limited functions or duties within a county, including, without limitation, any district, board, council or commission organized pursuant to chapters 244, 318, 474 and 539 of NRS, NRS 269.024 to 269.0248, inclusive, and 450.550 to 450.750, inclusive. The term does not include the governing body of a county, city or town.
Sec. 2. This act becomes effective on July 1, 2019.
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Assembly Bill No. 37Committee on Government Affairs
CHAPTER 137
[Approved: May 25, 2019]
AN ACT relating to military justice; eliminating the right of a serviceman or servicewoman of the Nevada National Guard to demand a trial by court-martial in lieu of accepting nonjudicial punishment; requiring a commanding officer of the Nevada National Guard to make a legal consultation before determining nonjudicial punishment is appropriate; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a commanding officer in the state military forces to punish certain servicemen and servicewomen for minor offenses by imposing nonjudicial punishment rather than convening a trial by court-martial. (NRS 412.286-412.302) Under existing law, a serviceman or servicewoman has the right to demand a trial by court-martial instead of accepting the nonjudicial punishment. (NRS 412.2879) Sections 1-3 of this bill eliminate the right of a serviceman or servicewoman to demand a trial by court-martial instead of accepting a nonjudicial punishment. Section 3 also: (1) requires that a commanding officer considering imposing nonjudicial punishment consult with a judge advocate in determining whether nonjudicial punishment is appropriate; and (2) authorizes the commanding officer to consult with a superior officer in making that determination.
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 412.286 is hereby amended to read as follows:
412.286 1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, with respect to the kind and amount of punishment authorized [,] and the categories of commanding officers and warrant officers exercising command authorized to exercise those powers . [, the applicability of NRS 412.286 to 412.302, inclusive, to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, punishment may not be imposed upon any member of the Nevada National Guard under NRS 412.286 to 412.302, inclusive, if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment.]
κ2019 Statutes of Nevada, Page 745 (CHAPTER 137, AB 37)κ
National Guard under NRS 412.286 to 412.302, inclusive, if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment.] Under Office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302, inclusive, to a principal assistant.
2. When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered double punishment under the Code. For the purposes of this subsection, same offense means an offense that was part of a single incident or course of conduct.
3. After nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise, unless the punishment imposed was not provided for in the Code.
4. When a commanding officer determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including, without limitation, all such offenses arising from a single incident or course of conduct, must ordinarily be considered together, rather than being made the basis for multiple punishment.
5. Nonjudicial punishment may not be imposed for any offense which was committed more than 3 years before the date of imposition of punishment, unless such 3-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this Code.
6. Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one time, more than one punishment nonjudicially for the offense or offenses arising from a single incident or course of conduct authorized in the Code.
Sec. 2. NRS 412.2879 is hereby amended to read as follows:
412.2879 An accused facing nonjudicial punishment [has] does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment . [, at any time before the imposition of the nonjudicial punishment.]
Sec. 3. NRS 412.293 is hereby amended to read as follows:
412.293 1. A commanding officer who, after [preliminary] inquiry [,] or investigation, determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman shall use a formal proceeding. In determining whether nonjudicial punishment is appropriate, the commanding officer shall consult with a judge advocate. The commanding officer may also consult with a superior commissioned officer who is not the superior authority who is to act on appeal pursuant to NRS 412.296.
2. If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to initiate nonjudicial punishment;
κ2019 Statutes of Nevada, Page 746 (CHAPTER 137, AB 37)κ
(b) The intent of the commanding officer to use a formal proceeding;
(c) The maximum punishments allowable under the formal proceeding;
(d) The right of the accused to remain silent;
(e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;
(f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;
(g) The right of the accused to consult with a judge advocate and the location of such counsel; and
(h) [The right of the accused to demand a trial by court-martial at any time before the imposition of the nonjudicial punishment; and
(i)] The right of the accused to appeal.
3. If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel [,] and to gather matters in defense, extenuation and mitigation . [and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial.] This [decision] period of time must be at least 48 hours, depending on the availability of counsel, but such period of time may be extended at the request of the accused.
4. The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.
Sec. 4. The amendatory provisions of this act do not apply to any formal proceeding relating to nonjudicial punishment for which a serviceman or servicewoman has been issued written notice pursuant to subsection 2 of NRS 412.293, as that subsection existed on June 30, 2019, before July 1, 2019.
Sec. 5. This act becomes effective on July 1, 2019.
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