[Rev. 1/30/2019 4:19:01 PM]
κ2013 Statutes of Nevada, Page 179κ
Senate Bill No. 30Committee on Judiciary
CHAPTER 53
[Approved: May 22, 2013]
AN ACT relating to records of criminal history; requiring the dissemination of records of criminal history to a multidisciplinary team to review the death of a victim of a crime that constitutes domestic violence; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Central Repository for Nevada Records of Criminal History and an agency of criminal justice to provide records of criminal history, upon request, to certain persons or governmental entities. (NRS 179A.075, 179A.100) This bill adds a multidisciplinary team to review the death of a victim of a crime that constitutes domestic violence to those persons or governmental entities authorized to receive certain information and records.
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 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
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(1) Records of criminal history; and
(2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
(d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
(4) For whom such information is required to be obtained pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183 and 449.123; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
Κ To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the persons complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.
6. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
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(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment; or
(3) Is employed by a county school district, charter school or private school,
Κ and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183, 449.122 or 449.123.
(g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department.
κ2013 Statutes of Nevada, Page 182 (CHAPTER 53, SB 30)κ
Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 2. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the Central Repository.
3. An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which are the result of a name-based inquiry and which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.
4. In addition to any other information to which an employer is entitled or authorized to receive from a name-based inquiry, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information contained in a record of registration concerning an employee, prospective employee, volunteer or prospective volunteer who is a sex offender or an offender convicted of a crime against a child, regardless of whether the employee, prospective employee, volunteer or prospective volunteer gives written consent to the release of that information. The Central Repository shall disseminate such information in a manner that does not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250.
κ2013 Statutes of Nevada, Page 183 (CHAPTER 53, SB 30)κ
not reveal the name of an individual victim of an offense or the information described in subsection 7 of NRS 179B.250. A request for information pursuant to this subsection must conform to the requirements of the Central Repository and must include:
(a) The name and address of the employer, and the name and signature of the person or entity requesting the information on behalf of the employer;
(b) The name and address of the employers facility in which the employee, prospective employee, volunteer or prospective volunteer is employed or volunteers or is seeking to become employed or volunteer; and
(c) The name and other identifying information of the employee, prospective employee, volunteer or prospective volunteer.
5. In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer, or a person or entity designated to receive the information on behalf of such an employer, the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives written consent to the release of that information if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information.
6. Except as otherwise provided in subsection 5, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom such information is disseminated pursuant to subsections 4 and 5.
7. Records of criminal history must be disseminated by an agency of criminal justice, upon request, to the following persons or governmental entities:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The State Gaming Control Board.
(d) The State Board of Nursing.
(e) The Private Investigators Licensing Board to investigate an applicant for a license.
(f) A public administrator to carry out the duties as prescribed in chapter 253 of NRS.
(g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.
(h) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee or to protect the public health, safety or welfare.
(j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.
κ2013 Statutes of Nevada, Page 184 (CHAPTER 53, SB 30)κ
(k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
(l) Any reporter for the electronic or printed media in a professional capacity for communication to the public.
(m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.
(n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
(o) An agency which provides child welfare services, as defined in NRS 432B.030.
(p) The Division of Welfare and Supportive Services of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(q) The Aging and Disability Services Division of the Department of Health and Human Services or its designated representative, as needed to ensure the safety of investigators and caseworkers.
(r) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.
(s) The State Disaster Identification Team of the Division of Emergency Management of the Department.
(t) The Commissioner of Insurance.
(u) The Board of Medical Examiners.
(v) The State Board of Osteopathic Medicine.
(w) The Board of Massage Therapists and its Executive Director.
(x) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.
8. Agencies of criminal justice in this State which receive information from sources outside this State concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.
Sec. 3. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
In carrying out its duties pursuant to NRS 228.495, a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 may have access to:
1. The information that is contained in the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.
2. The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.
Sec. 4. This act becomes effective on July 1, 2013.
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κ2013 Statutes of Nevada, Page 185κ
Senate Bill No. 32Committee on Judiciary
CHAPTER 54
[Approved: May 22, 2013]
AN ACT relating to offenders; revising provisions relating to the authority of the Director of the Department of Corrections; authorizing the Director to exempt certain offenders from provisions relating to the Prisoners Personal Property Fund; revising provisions concerning the transfer of a person detained in a local facility to an institution or facility of the Department; expanding the eligibility for a program established by the Director for the treatment of an abuser of alcohol or drugs; authorizing the Division of Parole and Probation of the Department of Public Safety to receive and distribute restitution paid by certain offenders; revising provisions pertaining to restitution received by the Division from certain other persons; repealing the provisions governing the Prison Revolving Account; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an offender to deposit all the money that the offender receives into his or her individual account in the Prisoners Personal Property Fund. (NRS 209.241) Section 1 of this bill authorizes the Director of the Department of Corrections to: (1) permit the distribution of money to a governmental entity for certain deductions from any money deposited in the individual account of an offender from any source other than the offenders wages; and (2) exempt certain offenders from certain provisions concerning the Fund.
Existing law additionally authorizes the Director to transfer a person detained in a local facility to an institution or facility of the Department for safekeeping at the request of a county sheriff or the chief of police of a city. (NRS 209.311) Section 2 of this bill requires the Director to determine whether the person is to be transported by the staff of the Department or by the staff of the county sheriff or the chief of police who requested the transfer.
Section 5 of this bill expands the eligibility for a program established by the Director for the treatment of certain abusers of alcohol or drugs to persons who commit certain violations of law relating to operating or being in actual physical control of any vessel under power or sail. Sections 3, 6, 8 and 11 of this bill make certain changes resulting from such an expansion of eligibility.
Section 4 of this bill makes certain technical changes clarifying that an offender assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement cannot reside in another state. Sections 3, 4, 7 and 9 of this bill authorize the Division to receive and distribute restitution paid by certain offenders who are assigned to the custody of the Division to serve a term of residential confinement or to participate in a correctional program for reentry into the community. Sections 10 and 12 of this bill revise various provisions relating to restitution received by the Division from a parolee or a defendant who is on probation or whose sentence has been suspended.
Section 13 of this bill repeals the provisions governing the Prison Revolving Account.
κ2013 Statutes of Nevada, Page 186 (CHAPTER 54, SB 32)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 209.241 is hereby amended to read as follows:
209.241 1. The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners Personal Property Fund, which is hereby created as a trust fund.
2. An offender shall deposit all money that the offender receives into his or her individual account in the Prisoners Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by an offender for personal needs.
(c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offenders wages.
(d) Shall pay over to each offender upon his or her release any remaining balance in his or her individual account.
4. The interest and income earned on the money in the Prisoners Personal Property Fund, after deducting any applicable bank charges, must be credited each calendar quarter as follows:
(a) If an offenders share of the cost of administering the Prisoners Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offenders share of the cost of administering the Prisoners Personal Property Fund.
(b) If an offenders share of the cost of administering the Prisoners Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders Store Fund.
5. An offender who does not deposit all money that the offender receives into his or her individual account in the Prisoners Personal Property Fund as required in this section is guilty of a gross misdemeanor.
6. A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners Personal Property Fund as required in this section is guilty of a gross misdemeanor.
7. The Director may exempt an offender from the provisions of this section if the offender is:
(a) Confined in an institution outside this State pursuant to chapter 215A of NRS; or
κ2013 Statutes of Nevada, Page 187 (CHAPTER 54, SB 32)κ
(b) Assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to:
(1) Serve a term of residential confinement pursuant to NRS 209.392, 209.3925 or 209.429; or
(2) Participate in a correctional program for reentry into the community pursuant to NRS 209.4887.
Sec. 2. NRS 209.311 is hereby amended to read as follows:
209.311 1. At the request of a county sheriff or the chief of police of a city, the Director may authorize the transfer of a person detained in a local facility to an institution or facility of the Department for safekeeping. The Director shall determine whether the person is to be transported by the staff of the Department or by the staff of the county sheriff or the chief of police who requested the transfer.
2. The Director shall determine the cost of the custody and care of [that] a person transferred pursuant to subsection 1 which may be borne by the local government affected.
Sec. 3. NRS 209.392 is hereby amended to read as follows:
209.392 1. Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:
(a) Demonstrated a willingness and ability to establish a position of employment in the community;
(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of the offenders confinement and to meet any existing obligation for restitution to any victim of his or her crime,
Κ assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his or her sentence.
2. Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offenders request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.
3. The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
κ2013 Statutes of Nevada, Page 188 (CHAPTER 54, SB 32)κ
(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;
(c) Has been convicted of:
(1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;
(2) A sexual offense that is punishable as a felony; or
(3) Except as otherwise provided in subsection 4, a category A or B felony;
(d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130 , [or] 484C.430 [;] , 488.420, 488.425 or 488.427; or
(e) Has escaped or attempted to escape from any jail or correctional institution for adults,
Κ is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.
4. The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:
(a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and
(b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.
5. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offenders residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.
6. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
7. An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
κ2013 Statutes of Nevada, Page 189 (CHAPTER 54, SB 32)κ
interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
8. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
Sec. 4. NRS 209.3925 is hereby amended to read as follows:
209.3925 1. Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if:
(a) The Director has reason to believe that the offender is:
(1) Physically incapacitated or in ill health to such a degree that the offender does not presently, and likely will not in the future, pose a threat to the safety of the public; or
(2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and
(b) At least two physicians licensed pursuant to chapter 630 or 633 of NRS, one of whom is not employed by the Department, verify, in writing, that the offender is:
(1) Physically incapacitated or in ill health; or
(2) In ill health and expected to die within 12 months.
2. If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:
(a) [If the offender will reside within this State after the offender is released from the custody of the Department, the] The board of county commissioners of the county in which the offender will reside; and
(b) The Division of Parole and Probation.
3. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:
(a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and
(b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.
Κ If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.
4. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:
κ2013 Statutes of Nevada, Page 190 (CHAPTER 54, SB 32)κ
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.
5. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
6. The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.
7. An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
8. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
Sec. 5. NRS 209.425 is hereby amended to read as follows:
209.425 1. The Director shall, with the approval of the Board, establish a program for the treatment of an abuser of alcohol or drugs who is imprisoned for a violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410 or a violation of NRS 484C.130 , [or] 484C.430 [.] , 488.420, 488.425 or 488.427. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the Department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.
2. The Director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the Department if the offender assigns to the Department any wages the offender earns under such a program. The Director may deduct from the wages of the offender an amount determined by the Director, with the approval of the Board, to:
(a) Offset the costs, as reflected in the budget of the Department, to maintain the offender in a facility or institution of the Department and in the program of treatment established pursuant to this section; and
(b) Meet any existing obligation of the offender for the support of his or her family or restitution to any victim of his or her crime.
κ2013 Statutes of Nevada, Page 191 (CHAPTER 54, SB 32)κ
Sec. 6. NRS 209.427 is hereby amended to read as follows:
209.427 1. If the results of an evaluation conducted pursuant to NRS 484C.300 or 488.430 indicate that an offender is an abuser of alcohol or drugs and that the offender can be treated successfully for his or her condition, the Director shall, except as otherwise provided in this section, assign the offender to the program of treatment established pursuant to NRS 209.425. Such an assignment must be, to the extent that the period reasonably can be predicted, for the year, or as much thereof as practicable, immediately preceding the date the offender is due to be released from prison, either on parole or at the expiration of the offenders term.
2. Before assigning an offender to a program of treatment, the Director, in cooperation with the Division of Parole and Probation of the Department of Public Safety, shall determine, to the extent possible:
(a) The length of time remaining on the offenders sentence, taking into consideration any credits earned by the offender; and
(b) The likelihood that the offender will complete the entire program of treatment.
3. The Director shall when assigning offenders to the program, to the extent possible, give preference to those offenders who appear to the Director capable of successfully completing the entire program.
4. The Director is not required to assign an offender to the program of treatment if the offender is not eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto.
5. The Director may withdraw the offender from the program of treatment at any time if the Director determines that the offender:
(a) Is not responding satisfactorily to the program; or
(b) Has failed or refused to comply with any term or condition of the program.
6. As used in this section, entire program means both phases of the program established pursuant to NRS 209.425, for offenders who have not been released from prison, and NRS 209.429, for offenders who have been assigned to the custody of the Division of Parole and Probation of the Department of Public Safety.
Sec. 7. NRS 209.429 is hereby amended to read as follows:
209.429 1. Except as otherwise provided in subsection 6, the Director shall assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his or her sentence if the offender has:
(a) Demonstrated a willingness and ability to establish a position of employment in the community;
(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his or her confinement and to meet any existing obligation for restitution to any victim of his or her crime.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he or she must submit to the Division of Parole and Probation a signed document stating that:
(a) He or she will comply with the terms or conditions of the residential confinement; and
κ2013 Statutes of Nevada, Page 192 (CHAPTER 54, SB 32)κ
(b) If he or she fails to comply with the terms or conditions of the residential confinement and is taken into custody outside of this State, he or she waives all rights relating to extradition proceedings.
3. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits earned by the offender to reduce his or her sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
5. A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
6. The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
7. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
Sec. 8. NRS 209.481 is hereby amended to read as follows:
209.481 1. The Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner:
(a) Except as otherwise provided in NRS 484C.400, 484C.410, 484C.430, 484C.440, 488.420 , 488.425 and 488.427, is not eligible for parole or release from prison within a reasonable period;
(b) Has recently committed a serious infraction of the rules of an institution or facility of the Department;
(c) Has not performed the duties assigned to him or her in a faithful and orderly manner;
(d) Has ever been convicted of a sexual offense that is punishable as a felony;
κ2013 Statutes of Nevada, Page 193 (CHAPTER 54, SB 32)κ
(e) Has, within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony; or
(f) Has attempted to escape or has escaped from an institution of the Department.
2. The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.
Sec. 9. NRS 209.4887 is hereby amended to read as follows:
209.4887 1. The Director may establish a correctional program for reentry of offenders and parolees into the community pursuant to this section.
2. If the Director establishes a correctional program pursuant to this section, the Director shall:
(a) Determine whether offenders in the custody of the Department are suitable to participate in a correctional program.
(b) Determine whether parolees who are referred by the Chair of the State Board of Parole Commissioners pursuant to NRS 213.632 are suitable to participate in a correctional program as a condition of their parole.
(c) Request that the Chair of the State Board of Parole Commissioners assign to a correctional program offenders and parolees determined by the Director to be suitable to participate in a correctional program, under the terms and conditions agreed upon by the Director and the Chair, including, if appropriate, supervision of the offenders and parolees by the Division during their participation in the correctional program.
3. An offender or parolee may not be assigned to the custody of the Division to participate in a correctional program unless the Director grants prior approval of the assignment pursuant to this section.
4. The Division may receive and distribute restitution paid by an offender assigned to the custody of the Division pursuant to this section.
Sec. 10. NRS 213.126 is hereby amended to read as follows:
213.126 1. Unless complete restitution was made while the parolee was incarcerated, the Board shall impose as a condition of parole, in appropriate circumstances, a requirement that the parolee make restitution to the person or persons named in the statement of parole conditions, including restitution to a governmental entity for expenses related to extradition, at the times specified in the statement unless the Board finds that restitution is impracticable. The amount of restitution must be the amount set by the court pursuant to NRS 176.033. In appropriate circumstances, the Board shall include as a condition of parole that the parolee execute an assignment of wages earned by the parolee while on parole to the Division for restitution.
2. All money received by the Division for restitution [for:
(a) One victim may; and
(b) More than one victim] must [,
Κ] be deposited [in] with the State [Treasury] Treasurer for credit to the Restitution Trust Fund which is hereby created.
3. The Division shall make pro rata payments from the money received from the parolee to each person to whom the restitution was ordered pursuant to NRS 176.033. Such a payment must be made [:
(a) If the money received from the parolee in a single payment is $200 or more or if the total accumulated amount received from the parolee is $200 or more, whenever money is received from the parolee.
κ2013 Statutes of Nevada, Page 194 (CHAPTER 54, SB 32)κ
(b) If the money received from the parolee in a single payment is less than $200 or if the total accumulated amount received from the parolee is less than $200, at the end of each year until the parolee has paid the entire restitution owed.
Κ] not less than once each fiscal year. Any money received from the parolee that is remaining at the end of each fiscal year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the parolee pays the entire restitution owed.
4. A person to whom restitution was ordered pursuant to NRS 176.033 may at any time file an application with the Division requesting the Division to make a pro rata payment from the money received from the parolee. If the Division finds that the applicant is suffering a serious financial hardship and is in need of financial assistance, the Division shall pay to the applicant his or her pro rata share of the money received from the parolee.
5. All payments from the Fund must be paid as other claims against the State are paid.
6. If restitution is not required, the Board shall set forth the circumstances upon which it finds restitution impracticable in its statement of parole conditions.
7. Failure to comply with a restitution requirement imposed by the Board is a violation of a condition of parole unless the parolees failure was caused by economic hardship resulting in his or her inability to pay the amount due. The [defendant] parolee is entitled to a hearing to show the existence of that hardship.
8. If, within 3 years after the parolee is discharged from parole, the Division has not located the person to whom the restitution was ordered, the money paid to the Division by the parolee must be deposited [in] with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
Sec. 11. NRS 213.375 is hereby amended to read as follows:
213.375 Upon the determination, pursuant to NRS 484C.300 [,] or 488.430, that an offender is an abuser of alcohol or drugs and that the offender can be treated successfully for his or her condition, the Division shall determine, to the extent possible:
1. If the offender is otherwise eligible for residential confinement pursuant to NRS 213.371 to 213.410, inclusive, upon the successful completion of the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425; and
2. If the offender is eligible, the likelihood that the offender will be able to:
(a) Comply with the terms and conditions of residential confinement established by the Division; and
(b) Complete successfully the program of treatment established pursuant to NRS 209.425 while in residential confinement.
Sec. 12. NRS 176A.430 is hereby amended to read as follows:
176A.430 1. The court shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person or persons named in the order, at the times and in the amounts specified in the order unless the court finds that restitution is impracticable. Such an order may require payment for medical or psychological treatment of any person whom the defendant has injured. In appropriate circumstances, the court shall include as a condition of probation or suspension of sentence that the defendant execute an assignment of wages earned while on probation or subject to the conditions of suspension of sentence to the Division for restitution.
κ2013 Statutes of Nevada, Page 195 (CHAPTER 54, SB 32)κ
appropriate circumstances, the court shall include as a condition of probation or suspension of sentence that the defendant execute an assignment of wages earned while on probation or subject to the conditions of suspension of sentence to the Division for restitution.
2. All money received by the Division for restitution [for:
(a) One victim may; and
(b) More than one victim] must [,
Κ] be deposited with the State Treasurer for credit to the Restitution Trust Fund.
3. The Division shall make pro rata payments from the money received from the defendant to each person to whom the restitution was ordered pursuant to this section. Such a payment must be made not less than once each fiscal year. Any money received from the defendant that is remaining at the end of each fiscal year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the defendant pays the entire restitution owed.
4. All payments from the Fund must be paid as other claims against the State are paid.
[3.] 5. If restitution is not required, the court shall set forth the circumstances upon which it finds restitution impracticable in its order of probation or suspension of sentence.
[4.] 6. Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendants failure [has been] was caused by economic hardship resulting in [the defendants] his or her inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.
[5.] 7. If, within 3 years after the defendant has been discharged from probation, the Division has not located the person to whom the restitution was ordered, the money paid to the Division by the defendant must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
Sec. 13. NRS 209.201 is hereby repealed.
Sec. 14. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 196κ
Senate Bill No. 41Committee on Commerce, Labor and Energy
CHAPTER 55
[Approved: May 22, 2013]
AN ACT relating to public utilities; revising certain provisions governing proposed changes in schedules submitted by small-scale providers of last resort; revising certain provisions relating to the approval by the Public Utilities Commission of Nevada of proposed transactions involving certain public utilities providing telecommunication services in this State; authorizing the Commission to regulate broadband services in this State under certain circumstances; revising provisions relating to the eligibility of persons with low incomes for reductions in rates for certain telephone services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
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) Generally, an application for a proposed change is subject to a hearing. However, existing law provides that the Commission will determine whether to dispense with a hearing regarding a change in a schedule proposed by a small-scale provider of last resort of telephone service under certain circumstances. (NRS 704.100) Section 1 of this bill provides that a small-scale provider of last resort may file with the Commission the proposed change using a letter of advice in lieu of an application if the applicant: (1) demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and (2) files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant. Section 1 authorizes a small-scale provider of last resort to request a waiver of the 5-year period. Section 1 additionally authorizes the Regulatory Operations Staff of the Commission or any other interested party to file with the Commission a request for the issuance of an order requiring the applicant to file a general rate application and provides that the Commission may hold a hearing to consider such a request.
Existing law requires that, with certain exceptions, a person who seeks to merge with, directly or indirectly acquire or directly or indirectly obtain control of a public utility doing business in this State obtain from the Commission authorization of the proposed transaction. (NRS 704.329) Section 2 of this bill exempts a provider of commercial mobile radio service from this requirement. Existing law further provides that a proposed transaction involving a public utility providing telecommunication services is exempted from this requirement if, in the most recently completed calendar year, not more than 10 percent of the gross operating revenue of the public utility was derived from intrastate telecommunication services provided to retail customers in this State. Section 2 provides that a person who proposes such a transaction must provide to the Commission written notice of the proposed transaction, which must include certain information concerning the proposed transaction. Section 2 authorizes the person proposing the transaction to request that the Regulatory Operations Staff of the Commission and the Consumers Advocate of the Bureau of Consumer Protection in the Office of the Attorney General each waive the right to request an order from the Commission requiring the person to file an application for authorization of the proposed transaction. If such waivers are made, section 2 provides that the person proposing the transaction is exempted from the requirement that the person obtain the authorization of the Commission.
κ2013 Statutes of Nevada, Page 197 (CHAPTER 55, SB 41)κ
Existing law prohibits the Commission, with certain limited exceptions, from regulating any broadband services. (NRS 704.684) Section 3 of this bill provides that the Commission is not prohibited from exercising its authority in accordance with certain federal statutes to implement the federal universal service program and taking any action within the scope of that authority because of a regulation or order of the Federal Communications Commission.
Section 4 of this bill revises certain requirements concerning regulations which the Commission is required to adopt governing eligibility for persons with low incomes for a reduction in rates for telephone service.
Section 9 of this bill expands the applicability of the reduction in telephone rates provided by lifeline or tribal link up services to include certain services included in bundled service offerings which an eligible provider is required to offer pursuant to federal regulations. Sections 5-8 and 10 of this bill make various additional changes concerning lifeline and tribal link up services provided by such providers.
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 704.100 is hereby amended to read as follows:
704.100 1. Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:
(a) A public utility shall not make changes in any schedule, unless the public utility:
(1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or
(2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) [.] or (g).
(b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utilitys recorded costs of natural gas purchased for resale.
(c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110.
(d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.
(e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.
(f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue, as certified by the public utility, in an amount that does not exceed $2,500:
(1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and
κ2013 Statutes of Nevada, Page 198 (CHAPTER 55, SB 41)κ
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
(g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicants annual gross operating revenue, whichever is less [, the] :
(1) The applicant may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the applicant:
(I) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and
(II) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110; and
(2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.
Κ Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110. The Commission may hold a hearing to consider such a request.
(h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.
2. An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph (II) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.
3. As used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
κ2013 Statutes of Nevada, Page 199 (CHAPTER 55, SB 41)κ
Sec. 2. NRS 704.329 is hereby amended to read as follows:
704.329 1. Except as otherwise provided in subsection 6, a person shall not merge with, directly acquire, indirectly acquire through a subsidiary or affiliate, or otherwise directly or indirectly obtain control of a public utility doing business in this State or an entity that holds a controlling interest in such a public utility without first submitting to the Commission an application for authorization of the proposed transaction and obtaining authorization from the Commission.
2. Any transaction that violates the provisions of this section is void and unenforceable and is not valid for any purpose.
3. Before authorizing a proposed transaction pursuant to this section, the Commission shall consider the effect of the proposed transaction on the public interest and the customs in this State. The Commission shall not authorize the proposed transaction unless the Commission finds that the proposed transaction:
(a) Will be in the public interest; and
(b) Complies with the provisions of NRS 704.7561 to 704.7595, inclusive, if the proposed transaction is subject to those provisions.
4. The Commission may base its authorization of the proposed transaction upon such terms, conditions or modifications as the Commission deems appropriate.
5. If the Commission does not issue a final order regarding the proposed transaction within 180 days after the date on which an application or amended application for authorization of the proposed transaction was filed with the Commission, and the proposed transaction is not subject to the provisions of NRS 704.7561 to 704.7595, inclusive, the proposed transaction shall be deemed to be authorized by the Commission.
6. The provisions of this section do not apply to:
(a) The transfer of stock of a public utility doing business in this State or to the transfer of the stock of an entity that holds a controlling interest in such a public utility, if a transfer of not more than 25 percent of the common stock of such a public utility or entity is proposed.
(b) Except as otherwise provided in this paragraph, a proposed transaction involving a public utility doing business in this State providing telecommunication services or an entity that holds a controlling interest in such a public utility if, in the most recently completed calendar year, not more than 10 percent of the gross operating revenue of the public utility or the entity that holds a controlling interest in the public utility was derived from intrastate telecommunication services provided to retail customers in this State by the public utility. A person who proposes such a transaction shall file with the Commission written notice of the proposed transaction. The notice must identify each party to the proposed transaction and include a verified statement that not more than 10 percent of the gross operating revenue of the public utility or the entity that holds a controlling interest in the public utility was derived from intrastate telecommunication services provided to retail customers in this State by the public utility in the most recently completed calendar year. Upon filing the notice required by this paragraph, the person may submit a written request that the Regulatory Operations Staff of the Commission and the Consumers Advocate waive the right pursuant to subparagraph (1) to request an order from the Commission requiring the person to file an application for authorization of the proposed transaction. If the Regulatory Operations Staff and the Consumers Advocate waive in writing the right to request an order from the Commission requiring the person to file an application, the proposed transaction is exempted from the provisions of this section.
κ2013 Statutes of Nevada, Page 200 (CHAPTER 55, SB 41)κ
Staff and the Consumers Advocate waive in writing the right to request an order from the Commission requiring the person to file an application, the proposed transaction is exempted from the provisions of this section. Such a proposed transaction is not exempted from the provisions of this section if:
(1) Not later than 30 days after the date on which the person undertaking the proposed transaction [submits] files the [notification] notice required by [15 U.S.C. § 18a,] this paragraph, the Regulatory Operations Staff of the Commission or the Consumers Advocate requests an order from the Commission requiring the person to file an application for authorization of the proposed transaction [;] , and has not waived its right to request such an order;
(2) The request alleges in sufficient detail that the proposed transaction may materially affect retail customers of public utilities in this State; and
(3) The Commission issues an order requiring the person to file an application for authorization of the proposed transaction.
(c) A public utility engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if the utility:
(1) Serves 15 persons or less; and
(2) Operates in a county whose population is 700,000 or more.
(d) A provider of commercial mobile radio service.
7. As used in this section:
(a) Person means:
(1) A natural person;
(2) Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization;
(3) A government or an agency or instrumentality of a government, including, without limitation, this State or an agency or instrumentality of this State; and
(4) A political subdivision of this State or of any other government or an agency or instrumentality of a political subdivision of this State or of any other government.
(b) Transaction means a merger, acquisition or change in control described in subsection 1.
Sec. 3. NRS 704.684 is hereby amended to read as follows:
704.684 1. Except as otherwise provided in this section, the Commission shall not regulate any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service.
2. The provisions of subsection 1 do not limit or modify the authority of the Commission to:
(a) Consider any revenues, costs and expenses that a small-scale provider of last resort derives from providing a broadband service, if the Commission is determining the rates of the provider under a general rate application that is filed pursuant to subsection 3 of NRS 704.110;
(b) Act on a complaint filed pursuant to NRS 703.310, if the complaint relates to a broadband service that is provided by a public utility;
(c) Include any appropriate gross operating revenue that a public utility derives from providing broadband service when the Commission calculates the gross operating revenue of the public utility for the purposes of levying and collecting the annual assessment in accordance with the provisions of NRS 704.033; or
κ2013 Statutes of Nevada, Page 201 (CHAPTER 55, SB 41)κ
the gross operating revenue of the public utility for the purposes of levying and collecting the annual assessment in accordance with the provisions of NRS 704.033; or
(d) Determine the rates, pricing, terms and conditions of intrastate switched or special access services provided by a telecommunication provider.
3. The provisions of subsection 1 do not:
(a) Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; [or]
(b) Prevent the Commission from exercising its authority pursuant to 47 U.S.C. § 214(e) or § 254(f) relating to the implementation of the federal universal service program, including, without limitation, taking any action within the scope of that authority because of a regulation or order of the Federal Communications Commission; or
(c) Limit or modify:
(1) The duties of a telecommunication provider regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or
(2) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.
4. As used in this section, broadband service means any two-way service that transmits information at a rate that is generally not less than 200 kilobits per second in at least one direction.
Sec. 4. NRS 704.6873 is hereby amended to read as follows:
704.6873 1. The Commission shall adopt regulations that require each telecommunication provider furnishing service to:
(a) An elementary or secondary public school; or
(b) A public library,
Κ to establish discounts in the rates for the telecommunication services that the provider furnishes to that school or library. The amount of the discount must be determined by the Commission in a manner that is consistent with the provisions of 47 U.S.C. § 254.
2. The Commission shall adopt regulations that require each telecommunication provider furnishing service to:
(a) Public or private nonprofit providers of health care which serve persons in rural areas; or
(b) Persons with low income and persons in rural, insular and high-cost areas,
Κ to ensure that such providers of health care and persons have access to telecommunication services that are reasonably comparable to those services available in urban areas and that the rates for such services charged by the telecommunication provider are reasonably comparable to those charged in the urban areas, to the extent required by the provisions of 47 U.S.C. § 254.
3. The Commission shall adopt regulations which set forth the requirements for eligibility for:
(a) Persons with low income to receive a reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive. The regulations adopted pursuant to this paragraph must provide that [if a person is a customer of:
κ2013 Statutes of Nevada, Page 202 (CHAPTER 55, SB 41)κ
(1) A competitive supplier that is an incumbent local exchange carrier, the person is eligible to receive a reduction in rates if the persons household has a total household gross income not exceeding 175 percent of the federally established poverty level for a household with the same number of persons; and
(2) Any other competitive supplier or a small-scale provider of last resort, the person is eligible to receive a reduction in rates if the persons household has a total household gross income not exceeding 150 percent of the federally established poverty level for a household with the same number of persons.] :
(1) An eligible provider shall provide a reduction in rates for telephone service if the income of a persons household is at or below the greater of:
(I) The percentage of the federally designated level signifying poverty for a household of that size specified by 47 C.F.R. § 54.409, as that section existed on June 28, 2012; or
(II) The percentage of the federally designated level signifying poverty for a household of that size specified by the Commission; and
(2) The percentage of the federally designated level signifying poverty specified pursuant to subparagraph (1) is applicable to all eligible providers.
(b) Small-scale providers of last resort to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.
(c) Competitive suppliers that are providers of last resort to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.
4. Any regulations adopted pursuant to this section and NRS 704.040 regarding the availability of telephone service must:
(a) Be consistent with the applicable provisions of 47 U.S.C. [§] §§ 214 and 254;
(b) Define rural, insular and high-cost areas;
(c) Establish nondiscriminatory eligibility requirements for all small-scale providers of last resort that apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas; and
(d) Allow competitive suppliers which are providers of last resort and which meet the eligibility requirements established by the Commission to apply to receive payments from the fund to maintain the availability of telephone service with regard to rural, insular and high-cost areas.
5. As used in this section:
(a) Eligible provider has the meaning ascribed to it in NRS 707.440.
(b) Household has the meaning ascribed to it in 47 C.F.R. § 54.400(h), as that section existed on April 2, 2012.
(c) Income has the meaning ascribed to it in 47 C.F.R. § 54.400(f), as that section existed on April 2, 2012.
Sec. 5. NRS 704.68867 is hereby amended to read as follows:
704.68867 1. Each competitive supplier that is an incumbent local exchange carrier on May 31, 2007, shall:
(a) On or before October 1, 2008, prepare and submit to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report regarding competition in the local markets for telecommunication service, including, without limitation, competition from available alternative services that serve as technological substitutes for telecommunication service.
κ2013 Statutes of Nevada, Page 203 (CHAPTER 55, SB 41)κ
service, including, without limitation, competition from available alternative services that serve as technological substitutes for telecommunication service. The report must be based on information that is reasonably available from public sources and must contain data, statistical measures and analyses for assessing:
(1) The existing number of customers of the competitive supplier, the forms of telecommunication service provided by the competitive supplier and the prices for such services;
(2) The number of competitors in the local markets within the service territory of the competitive supplier for various forms of telecommunication service, including, without limitation, wireline and wireless telecommunication service, and any available alternative services that serve as technological substitutes for telecommunication service, such as broadband services, and a comparison of the services provided by such competitors and prices for telecommunication service and broadband service;
(3) The growth or decline, if any, in customers and primary access lines of the competitive supplier during the preceding 5 years; and
(4) The number of persons receiving a reduction in rates for telephone service pursuant to NRS 707.400 to 707.500, inclusive, within the service territory of the competitive supplier, the price of such service, the consumer outreach and informational programs used to expand participation of eligible persons in such service, and the management, coordination and training programs implemented by the competitive supplier to increase awareness and use of lifeline and [link-up] tribal link up programs.
(b) On or before October 1 of each year thereafter for a period of 4 years, prepare and submit to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report that compares and evaluates any changes in the data, prices, statistical measures and analyses set forth in the report submitted by the competitive supplier pursuant to paragraph (a).
2. The Commission shall:
(a) On or before December 1 of each applicable year, provide to the Legislative Commission a copy of the reports received pursuant to subsection 1; and
(b) On or before December 1, 2010, prepare and submit to the Legislative Commission and the Bureau of Consumer Protection in the Office of the Attorney General a report that:
(1) Summarizes and evaluates the data, prices, statistical measures and analyses set forth in the reports submitted by competitive suppliers pursuant to subsection 1;
(2) Provides an assessment of market conditions and the state of competition for telecommunication service in the various geographical areas of this State; and
(3) Includes, without limitation:
(I) A discussion of the types of alternative services that serve as technological substitutes for telecommunication service and the availability of such alternative services in the various geographical areas of this State; and
(II) An assessment of the alternative services that are available for basic network service and business line service considering intermodal alternatives, technological developments, market conditions and the availability of comparable alternative services in the various geographical areas of this State.
κ2013 Statutes of Nevada, Page 204 (CHAPTER 55, SB 41)κ
alternatives, technological developments, market conditions and the availability of comparable alternative services in the various geographical areas of this State.
3. As used in this section:
(a) Lifeline has the meaning ascribed to it in NRS 707.450.
(b) Tribal link up has the meaning ascribed to it in NRS 707.460.
Sec. 6. NRS 707.430 is hereby amended to read as follows:
707.430 Eligible customer means a customer who is eligible to receive lifeline or tribal link up services.
Sec. 7. NRS 707.450 is hereby amended to read as follows:
707.450 Lifeline has the meaning ascribed to it in 47 C.F.R. § 54.401(a), as that section existed on [January 1, 1999.] April 2, 2012.
Sec. 8. NRS 707.460 is hereby amended to read as follows:
707.460 [Link] Tribal link up has the meaning ascribed to it in 47 C.F.R. § [54.411(a),] 54.413, as that section existed on [January 1, 1999.] April 1, 2012.
Sec. 9. NRS 707.490 is hereby amended to read as follows:
707.490 1. The reduction in the telephone rates provided by lifeline or tribal link up services must be based on the methods for determining reductions which are adopted by the Commission by regulation. The Commission may provide different methods for determining reductions to allow for differences between eligible providers. The methods may include, without limitation:
(a) Basing the reduction on the tariff filed by the eligible provider with the Commission; or
(b) Establishing a formula pursuant to which the amount of the reduction may be determined.
2. The reduction in such telephone rates applies only to:
(a) Basic network service [; and] or the voice telephony service included in any bundled service offering that includes voice telephony service and any other services specified in 47 C.F.R. § 54.401(b), as that section existed on April 2, 2012.
(b) Residential service connection charges for such [basic network] service.
3. If the amount of the reduction in rates provided by an eligible provider to an eligible customer for lifeline services is greater than the amount which the eligible provider receives as universal service support pursuant to 47 U.S.C. § 254, the eligible provider is entitled to reimbursement from the fund to maintain the availability of telephone service established by the Commission pursuant to NRS 704.040 for the difference between the amount of the reduction and the amount received as universal service support pursuant to 47 U.S.C. § 254.
Sec. 10. NRS 707.480 is hereby repealed.
Sec. 11. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 205κ
Senate Bill No. 46Committee on Government Affairs
CHAPTER 56
[Approved: May 22, 2013]
AN ACT relating to the Department of Administration; changing the name of the Motor Pool Division of the Department to the Fleet Services Division; making the Fleet Services Division a permanent division; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Director of the Department of Administration to establish a Motor Pool Division or assign the functions of the State Motor Pool to other divisions of the Department. This bill changes the name of the Motor Pool Division to the Fleet Services Division and makes the Fleet Services Division a permanent division of the Department.
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 336 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Executive Officer means the Administrator of the Fleet Services Division.
Sec. 3. Fleet Services Division means the Fleet Services Division of the Department of Administration.
Sec. 4. NRS 336.010 is hereby amended to read as follows:
336.010 As used in this chapter [Executive Officer means the Administrator of the Division of the Department of Administration designated by the Director of that Department to operate the State Motor Pool.] , unless the context otherwise requires, the words and terms defined in sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 336.030 is hereby amended to read as follows:
336.030 The purposes of the [State Motor Pool] Fleet Services Division are:
1. To ensure economical utilization of state-owned vehicles.
2. To eliminate the unauthorized use of state-owned vehicles.
3. To provide a ready means of transportation for state employees and officers on state business.
4. To reduce the need for state employees to use private cars on official state business.
5. To provide a central administrative facility for the maintenance, care and operation of selected state-owned vehicles.
Sec. 6. NRS 336.050 is hereby amended to read as follows:
336.050 The Executive Officer is authorized to [use the existing employees and facilities of his or her agency and to] employ such [additional] employees or procure such [additional] facilities as may be necessary to carry out the provisions of this chapter.
κ2013 Statutes of Nevada, Page 206 (CHAPTER 56, SB 46)κ
Sec. 7. NRS 336.060 is hereby amended to read as follows:
336.060 The Governor may assign any state-owned vehicle to the [State Motor Pool] Fleet Services Division and may withdraw any vehicle from any state agency and reassign such vehicle to the [State Motor Pool.] Fleet Services Division.
Sec. 8. NRS 336.080 is hereby amended to read as follows:
336.080 [1.] The Executive Officer shall:
[(a)] 1. Be responsible for proper maintenance and storage of all vehicles assigned to the [Motor Pool.
(b)] Fleet Services Division.
2. Maintain records to show the location and operating and maintenance costs of vehicles assigned to the [Motor Pool.
2. All agreements for regular storage of vehicles not assigned to the Motor Pool shall be in writing and subject to the approval of the Executive Officer.] Fleet Services Division.
Sec. 9. NRS 336.090 is hereby amended to read as follows:
336.090 To facilitate the economical operation of state-owned vehicles, the Department of Transportation may provide to the [State Motor Pool,] Fleet Services Division, or to any other state agency to which a state-owned vehicle is assigned, gasoline, service or minor repairs on a direct cost-plus-service-charge basis.
Sec. 10. NRS 336.110 is hereby amended to read as follows:
336.110 1. The [Motor Pool] Fleet Services Fund is hereby created as an internal service fund. No money in the Fund may revert to the State General Fund at any time. Money from the [Motor Pool] Fleet Services Fund must be paid out on claims as other claims against the State are paid. The claims must be made in accordance with budget and quarterly work allotments and are subject to postaudit examination and approval.
2. All operating, maintenance and repair costs for vehicles assigned to the [State Motor Pool] Fleet Services Division must be paid from the [Motor Pool] Fleet Services Fund and the accounting for depreciation must be accomplished in that Fund.
3. All agencies using vehicles of the [State Motor Pool] Fleet Services Division shall pay a fee for the use and a proportionate share of operational costs in an amount determined by the Executive Officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs and defray the costs of [Motor Pool] the operation [.] of the Fleet Services Division.
4. All fees, including amounts on account of depreciation accrued, costs and other money received by the [State Motor Pool,] Fleet Services Division, including all proceeds from the sale of vehicles, must be deposited with the State Treasurer for credit to the Fleet Services Fund.
Sec. 11. NRS 232.213 is hereby amended to read as follows:
232.213 1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following:
(a) Budget Division.
(b) Risk Management Division.
(c) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.
(d) State Public Works Division.
(e) Purchasing Division.
(f) Administrative Services Division.
κ2013 Statutes of Nevada, Page 207 (CHAPTER 56, SB 46)κ
(g) Division of Internal Audits.
(h) Division of Human Resource Management.
(i) Division of Enterprise Information Technology Services.
(j) Division of State Library and Archives.
(k) Office of Grant Procurement, Coordination and Management.
[3. The Director may establish a Motor Pool Division or may assign the functions of the State Motor Pool to one of the other divisions of the Department.]
(l) Fleet Services Division.
Sec. 12. NRS 232.215 is hereby amended to read as follows:
232.215 The Director:
1. Shall appoint an Administrator of the:
(a) Risk Management Division;
(b) State Public Works Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Internal Audits;
(f) Division of Human Resource Management;
(g) Division of Enterprise Information Technology Services;
(h) Division of State Library and Archives;
(i) Office of Grant Procurement, Coordination and Management; and
(j) [Motor Pool] Fleet Services Division . [if separately established.]
2. Shall appoint a Chief of the Budget Division, or may serve in this position if the Director has the qualifications required by NRS 353.175.
3. Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242, 284, 331, 333, 336, 338 and 341 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, chapter 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.
6. Has such other powers and duties as are provided by law.
Sec. 13. NRS 232.2165 is hereby amended to read as follows:
232.2165 The Administrator of:
1. The State Public Works Division;
2. The Purchasing Division;
3. The Administrative Services Division;
4. The Division of Internal Audits;
5. The Division of Human Resource Management;
6. The Division of Enterprise Information Technology Services;
7. The Division of State Library and Archives;
8. The Office of Grant Procurement, Coordination and Management; and
9. [If separately established, the Motor Pool ] The Fleet Services Division,
Κ of the Department serves at the pleasure of the Director and is in the unclassified service of the State.
κ2013 Statutes of Nevada, Page 208 (CHAPTER 56, SB 46)κ
Sec. 14. NRS 232.217 is hereby amended to read as follows:
232.217 Unless federal law or regulation otherwise requires, the Chief of the Budget Division and the Administrator of the:
1. State Public Works Division;
2. Purchasing Division;
3. Division of Internal Audits;
4. Division of Human Resource Management;
5. Division of Enterprise Information Technology Services;
6. Division of State Library and Archives; and
7. [Motor Pool] Fleet Services Division, [if separately established,]
Κ may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.
Sec. 15. NRS 232.219 is hereby amended to read as follows:
232.219 1. The Department of Administrations Operating Fund for Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the Department:
(a) State Public Works Division;
(b) Budget Division;
(c) Purchasing Division;
(d) Hearings Division;
(e) Risk Management Division;
(f) Division of Internal Audits;
(g) Division of Human Resource Management;
(h) Division of Enterprise Information Technology Services;
(i) Division of State Library and Archives; and
(j) [If separately established, the Motor Pool] Fleet Services Division.
3. All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.
4. All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.
Sec. 16. NRS 336.020, 336.040 and 336.070 are hereby repealed.
Sec. 17. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 209κ
Senate Bill No. 65Committee on Natural Resources
CHAPTER 57
[Approved: May 22, 2013]
AN ACT relating to water; providing for the issuance of certain nonemergency orders by the Division of Environmental Protection of the State Department of Conservation and Natural Resources; authorizing the recovery of civil penalties and the imposition of administrative fines for certain violations by a laboratory for the analysis of water; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Division of Environmental Protection of the State Department of Conservation and Natural Resources is authorized to issue an emergency order requiring a supplier of water immediately to take action necessary to protect the public health if the Division determines that such order is necessary to eliminate an imminent hazard to a public water system. (NRS 445A.930) Sections 2, 3 and 5 of this bill expand the authority of the Division to issue orders other than emergency orders to correct violations by operators of public water systems and laboratories for the analysis of water. Section 2 also authorizes, under certain circumstances, the Division to issue a summary order against any person, directing the person to cease and desist from any further acts that constitute or would constitute a violation of certain provisions of law and regulations, or a term or condition of certain permits or certifications.
Under existing law, a person who owns, controls or operates a public water system is liable for a civil penalty and may be subject to an administrative fine per day for certain violations. (NRS 445A.950) Section 3 of this bill authorizes the imposition of the same daily monetary penalties against a laboratory for the analysis of water for certain violations.
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 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If the Division has reason to believe that a person is engaging or has engaged in any act or practice which violates the provisions of NRS 445A.800 to 445A.955, inclusive, and sections 2 and 3 of this act, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, in addition to any other action authorized or required by NRS 445A.800 to 445A.955, inclusive, and sections 2 and 3 of this act, issue an order:
(a) Specifying the provision or provisions which the Division believes or has reason to believe the person is violating or has violated;
(b) Setting forth the facts alleged to constitute the violation;
(c) Prescribing the actions the person must take to correct the violation and the period during which the violation must be corrected; and
κ2013 Statutes of Nevada, Page 210 (CHAPTER 57, SB 65)κ
(d) Requiring the person to appear before the Administrator of the Division or a hearing officer appointed by the Administrator to show cause why the Division should not commence an action against the person in district court for appropriate relief.
2. If the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person is about to violate the provisions of this section and NRS 445A.800 to 445A.955, inclusive, and section 3 of this act, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863, the Division may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute a violation. The summary order to cease and desist must specify the provision of this section and NRS 445A.800 to 445A.955, inclusive, and section 3 of this act, or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit or certification which the Division reasonably believes is about to be violated.
3. An order issued by the Division pursuant to subsection 1 or 2 is effective immediately and is not subject to review unless the person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.
Sec. 3. 1. A laboratory for the analysis of water that:
(a) Violates any regulation adopted by the Commission pursuant to NRS 445A.863; or
(b) Violates or fails to comply with an order issued pursuant to subsection 1 or 2 of section 2 of this act,
Κ is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty described in subsection 1, the Division may impose an administrative fine of not more than $2,500 per day for each violation described in subsection 1.
3. The civil penalty and administrative fine authorized by this section are in addition to any other penalties or relief prescribed by NRS 445A.800 to 445A.955, inclusive, and sections 2 and 3 of this act.
Sec. 4. NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 445A.950 is hereby amended to read as follows:
445A.950 1. Any supplier of water who:
(a) Violates any standard established pursuant to NRS 445A.855;
(b) Violates or fails to comply with an [emergency] order issued pursuant to NRS 445A.930 [;] or subsection 1 or 2 of section 2 of this act;
(c) Violates any condition imposed by the Commission upon granting a variance or exemption under NRS 445A.935;
(d) Violates a regulation adopted by the Commission pursuant to NRS 445A.860 [;] or 445A.880; or
(e) Fails to give a notice as required by NRS 445A.940,
κ2013 Statutes of Nevada, Page 211 (CHAPTER 57, SB 65)κ
Κ is liable for a civil penalty, to be recovered by the Attorney General in the name of the Division, of not more than $5,000 for each day of the violation.
2. In addition to the civil penalty prescribed in subsection 1, the Division may impose an administrative fine against a supplier of water who commits any violation enumerated in subsection 1. The administrative fine imposed may not be more than $2,500 per day for each such violation.
3. The civil penalty and administrative fine prescribed in this section may be imposed in addition to any other penalties or relief prescribed in NRS 445A.800 to 445A.955, inclusive [.] , and sections 2 and 3 of this act.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 493Committee on Government Affairs
CHAPTER 58
[Approved: May 23, 2013]
AN ACT relating to State Government; abolishing the Nevada Commission on Sports; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the Nevada Commission on Sports, which is authorized to promote physical fitness by developing, fostering and coordinating physical fitness services and operating related facilities. (Chapter 233H of NRS) This bill abolishes the Commission, as recommended by the Sunset Subcommittee of the Legislative Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233H.010, 233H.020, 233H.030, 233H.040, 233H.050, 233H.060, 233H.070, 233H.080 and 233H.090 are hereby repealed.
Sec. 2. NRS 482.3749 is hereby amended to read as follows:
482.3749 1. The Department shall, [in cooperation with the Nevada Commission on Sports and] using any colors and designs that the Department deems appropriate, design, prepare and issue license plates which indicate status as a hall of fame athlete. The design of the license plates must include the words hall of fame.
2. The Department shall issue license plates that indicate status as a hall of fame athlete for a passenger car or a 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 indicate status as a hall of fame athlete if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate status as a hall of fame athlete.
κ2013 Statutes of Nevada, Page 212 (CHAPTER 58, AB 493)κ
3. An application for the issuance or renewal of license plates that indicate status as a hall of fame athlete is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of identity and status as a hall of fame athlete.
4. In addition to all other applicable registration and license fees and governmental services taxes:
(a) A person who requests license plates that indicate status as a hall of fame athlete shall pay a fee to the Department of $35.
(b) License plates that indicate status as a hall of fame athlete are renewable upon the payment to the Department of $10.
5. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder may retain the plates and:
(a) Affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
6. As used in this section, hall of fame athlete means a current or former athlete who has been inducted into a hall of fame pertaining to the sport in which the athlete participates or participated, including, but not limited to:
(a) The National Baseball Hall of Fame, located in Cooperstown, New York.
(b) The Basketball Hall of Fame, located in Springfield, Massachusetts.
(c) The Pro Football Hall of Fame, located in Canton, Ohio.
(d) The Hockey Hall of Fame, located in Toronto, Ontario, Canada.
(e) The National Soccer Hall of Fame, located in Oneonta, New York.
(f) The International Tennis Hall of Fame, located in Newport, Rhode Island.
(g) The Pro Rodeo Hall of Fame, located in Colorado Springs, Colorado.
(h) Any hall of fame which has been established at a university, state college or community college within the Nevada System of Higher Education.
Sec. 3. Any balance remaining in the Account for Physical Fitness and Sports created by NRS 233H.090 must not be committed for expenditure after June 30, 2013, and must be reverted to the State General Fund on or before September 20, 2013.
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 213κ
Assembly Bill No. 53Committee on Health and Human Services
CHAPTER 59
[Approved: May 23, 2013]
AN ACT relating to public welfare; revising reporting requirements concerning traumatic brain injuries; abolishing the Subcommittee on Traumatic Brain Injuries of the Nevada Commission on Services for Persons with Disabilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, hospitals are required to report detailed information concerning all traumatic injuries to the Health Division of the Department of Health and Human Services. (NRS 450B.238; NAC 450B.766, 450B.768) Existing law requires hospitals to report information concerning traumatic brain injuries to the Aging and Disability Services Division of the Department. (NRS 427A.820) Section 4 of this bill repeals provisions requiring information concerning traumatic brain injuries to be reported to the Aging and Disability Services Division. Section 4 also abolishes the Subcommittee on Traumatic Brain Injuries of the Nevada Commission on Services for Persons with Disabilities.
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 427A.040 is hereby amended to read as follows:
427A.040 1. The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:
(a) Serve as a clearinghouse for information related to problems of the aged and aging.
(b) Assist the Director in all matters pertaining to problems of the aged and aging.
(c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
(g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.
κ2013 Statutes of Nevada, Page 214 (CHAPTER 59, AB 53)κ
(i) Coordinate all state and federal funding of service programs to the aging in the State.
2. The Division shall:
(a) Provide access to information about services or programs for persons with disabilities that are available in this State.
(b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:
(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and
(2) Making recommendations concerning new policies or services that may benefit persons with disabilities.
(c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.
(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:
(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;
(2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and
(3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.
(e) Administer the following programs in this State that provide services for persons with disabilities:
(1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;
(2) The programs established pursuant to NRS 427A.800 [to] , 427A.850 and 427A.860 [, inclusive,] to [obtain information concerning traumatic brain injuries and] provide services to persons with traumatic brain injuries;
(3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;
(4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and
κ2013 Statutes of Nevada, Page 215 (CHAPTER 59, AB 53)κ
(5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
(f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.
(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:
(1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and
(2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.
(h) Publish and make available to governmental entities and the general public a biennial report which:
(1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;
(2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;
(3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;
(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and
(5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.
3. The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.
4. The Division shall administer the provisions of chapter 656A of NRS.
5. The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.
Sec. 2. NRS 427A.1213 is hereby amended to read as follows:
427A.1213 1. The Commission shall, at its first meeting and annually thereafter, elect a Chair from among its voting members.
2. The Commission shall meet at least quarterly and at the times and places specified by a call of the Director, the Chair or a majority of the voting members of the Commission.
3. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.
κ2013 Statutes of Nevada, Page 216 (CHAPTER 59, AB 53)κ
4. The Commission shall establish rules for its own governance.
5. Except as otherwise provided in NRS 426.731 [,] and 427A.750 , [and 427A.840,] the Chair may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to persons with disabilities, to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.
Sec. 3. NRS 427A.800 is hereby amended to read as follows:
427A.800 As used in [NRS 427A.800 to 427A.860, inclusive,] this section and NRS 427A.850 and 427A.860, traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
1. A cerebral vascular accident;
2. An aneurism; or
3. A congenital defect.
Sec. 4. NRS 427A.810, 427A.820, 427A.830 and 427A.840 are hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 28Committee on Health and Human Services
CHAPTER 60
[Approved: May 23, 2013]
AN ACT relating to public health; revising the definition of sentinel event for purposes of provisions relating to the health and safety of patients at certain medical facilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, any unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury, known as a sentinel event, is required to be reported to the Health Division of the Department of Health and Human Services. (NRS 439.830, 439.835) This bill revises the definition of sentinel event to incorporate the most current list of serious reportable events in health care published by the National Quality Forum.
κ2013 Statutes of Nevada, Page 217 (CHAPTER 60, AB 28)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 439.830 is hereby amended to read as follows:
439.830 [Sentinel]
1. Except as otherwise provided in subsection 2, sentinel event means [an unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. The term includes loss of limb or function.] an event included in Appendix A of Serious Reportable Events in Healthcare--2011 Update: A Consensus Report, published by the National Quality Forum.
2. If the publication described in subsection 1 is revised, the term sentinel events means the most current version of the list of serious reportable events published by the National Quality Forum as it exists on the effective date of the revision which is deemed to be:
(a) January 1 of the year following the publication of the revision if the revision is published on or after January 1 but before July 1 of the year in which the revision is published; or
(b) July 1 of the year following the publication of the revision if the revision is published on or after July 1 of the year in which the revision is published but before January 1 of the year after the revision is published.
3. If the National Quality Forum ceases to exist, the most current version of the list shall be deemed to be the last version of the publication in existence before the National Quality Forum ceased to exist.
________
κ2013 Statutes of Nevada, Page 218κ
Senate Bill No. 79Senator Parks
CHAPTER 61
[Approved: May 23, 2013]
AN ACT relating to municipal utilities; repealing a provision authorizing the use for general municipal purposes of net profits derived from municipal utilities owned and operated by certain incorporated cities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill repeals the existing law which authorizes an incorporated city having the commission form of government to use for general municipal purposes all net profits earned from any utility owned and operated by the city.
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 710.600 is hereby repealed.
Sec. 2. The provisions of section 1 of this act must not be applied in such a manner as to impair adversely any obligation outstanding on July 1, 2013.
Sec. 3. This act becomes effective on July 1, 2013.
________
Senate Bill No. 23Committee on Government Affairs
CHAPTER 62
[Approved: May 23, 2013]
AN ACT relating to days of observance; establishing Nevada Tribes Legislative Day as a day of observance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (Chapter 236 of NRS) This bill establishes the second Tuesday of each regular session of the Legislature as Nevada Tribes Legislative Day, which is a day of observance and not a legal holiday.
κ2013 Statutes of Nevada, Page 219 (CHAPTER 62, SB 23)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
The second Tuesday of February during each regular session of the Legislature is established as Nevada Tribes Legislative Day in the State of Nevada in recognition of the contributions American Indians have made to the prosperity and cultural diversity of Nevada and the United States.
Sec. 2. Chapter 233A of NRS is hereby amended by adding thereto a new section to read as follows:
In observance of Nevada Tribes Legislative Day established pursuant to section 1 of this act, the Nevada Indian Commission shall:
1. Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.
2. Schedule activities and discussions between state and tribal leaders on issues of common interest.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 495Committee on Health and Human Services
CHAPTER 63
[Approved: May 23, 2013]
AN ACT relating to public health; abolishing the Committee on Co-Occurring Disorders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Committee on Co-Occurring Disorders and requires the Committee to perform certain duties concerning issues relating to persons with co-occurring disorders. (NRS 439.527, 439.528) Existing law defines co-occurring disorders for the purposes of the provisions governing the Committee to mean the existence of both mental health and substance abuse disorders in the same person. (NRS 439.526) This bill abolishes the Committee, as recommended by the Sunset Subcommittee of the Legislative Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.526, 439.527 and 439.528 are hereby repealed.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 220κ
Senate Bill No. 71Senator Parks
CHAPTER 64
[Approved: May 23, 2013]
AN ACT relating to offenders; requiring the aggregation of certain consecutive sentences of imprisonment imposed on an offender; making credits earned by a prisoner to reduce his or her sentence applicable to an aggregated sentence; revising the manner in which certain credits are deducted to reduce the minimum term of imprisonment; revising provisions relating to the parole of certain prisoners; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who is convicted of committing more than one crime may be sentenced to serve the sentences imposed for each crime concurrently or consecutively. If a person is sentenced to serve consecutive sentences, he or she must complete or be paroled from one sentence before beginning to serve the next sentence. (NRS 176.035) Existing law further provides that for crimes committed on or after July 1, 2009, if two or more sentences of life imprisonment with the possibility of parole are imposed, the minimum sentences are aggregated for the purposes of determining parole eligibility. By aggregating the minimum sentences, the prisoner is not paroled from the first offense separately, but rather becomes eligible for parole after the minimum aggregate term of imprisonment has been served. (NRS 213.1213) If the crimes were committed before July 1, 2009, existing law authorizes a prisoner serving two or more sentences of life imprisonment with the possibility of parole to request to have the sentences aggregated. Otherwise, parole eligibility continues to be determined for each sentence separately.
Section 1 of this bill provides that when a court imposes consecutive sentences, those sentences must be aggregated if the crimes were committed on or after July 1, 2014, unless any of the sentences includes a sentence of life without the possibility of parole or death. Section 11 of this bill further provides that a prisoner who is serving consecutive sentences may, by submitting a request to the Director of the Department of Corrections, make an irrevocable election to aggregate any remaining sentences for which parole has not previously been considered. Sections 1 and 11 provide that sentences for offenses which are entered at different times may not be aggregated. For example, a sentence for a felony that is committed while serving a sentence for another felony may not be aggregated with the earlier sentence. By aggregating sentences, a prisoner will become eligible for parole after the minimum aggregate term of imprisonment has been served. Section 16 of this bill limits the current aggregation of multiple life sentences so that the sentences for any crime committed on or after July 1, 2014, will be aggregated in the manner provided in sections 1 and 11.
Existing law further provides that prisoners may earn certain credits to reduce their sentences. Most credits earned reduce only the maximum term of imprisonment, however, in some cases, the credits earned reduce both the minimum and maximum terms of imprisonment. When the credits are authorized to be deducted from the minimum term of imprisonment, the credits are deducted from the minimum term until the offender becomes eligible for parole. (NRS 209.4465) Section 6 of this bill instead provides that for offenses committed and sentences aggregated on or after July 1, 2014, such credits may only reduce the minimum term or minimum aggregate term imposed by the sentence by not more than 58 percent. Sections 4-10 of this bill revise provisions governing credits earned by offenders to reduce their sentences to ensure that the credits also apply to aggregated sentences. Section 11 of this bill further clarifies that with respect to such credits, the credits apply to the aggregated sentences to the same extent that they would apply had the sentences not been aggregated.
κ2013 Statutes of Nevada, Page 221 (CHAPTER 64, SB 71)κ
sentences to the same extent that they would apply had the sentences not been aggregated. Sections 2, 3 and 13-21 of this bill make technical changes to various statutes to include necessary references to aggregated sentences.
Existing law also requires under certain circumstances that a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time the prisoner committed the offense for which he or she was imprisoned be: (1) granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment, if the prisoner still has a consecutive sentence to be served; or (2) released on parole if the prisoner does not have a consecutive sentence to be served. (NRS 213.1215) Section 17 of this bill provides that the State Board of Parole Commissioners is not required to release such a prisoner on parole if: (1) the prisoner is determined to be a high risk to reoffend in a sexual manner; or (2) the Board determines that there is a reasonable probability that the prisoner will be a danger to public safety while on parole. Section 19 of this bill provides that such a prisoner released on parole whose parole is revoked for a violation of any rule or regulation governing his or her conduct cannot be considered again for release on parole pursuant to his or her qualification under such provisions but may be considered for release on parole pursuant to other provisions of 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 176.035 is hereby amended to read as follows:
176.035 1. Except as otherwise provided in subsection [2,] 3, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections [2] 3 and [3,] 4, if the court makes no order with reference thereto, all such subsequent sentences run concurrently. For offenses committed on or after July 1, 2014, if the court imposes the sentences to run consecutively, the court must pronounce the minimum and maximum aggregate terms of imprisonment pursuant to subsection 2, unless the defendant is sentenced to life imprisonment without the possibility of parole or death.
2. When aggregating terms of imprisonment pursuant to subsection 1:
(a) If at least one sentence imposes a maximum term of imprisonment for life with the possibility of parole, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment, and the maximum aggregate term of imprisonment shall be deemed to be imprisonment in the state prison for life with the possibility of parole.
(b) If all the sentences impose a minimum and maximum term of imprisonment, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment and must aggregate the maximum terms of imprisonment to determine the maximum aggregate term of imprisonment.
3. Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms [.] , including the expiration of any prior aggregated terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof.
κ2013 Statutes of Nevada, Page 222 (CHAPTER 64, SB 71)κ
person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof. If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment and without reference to eligibility for parole.
[3.] 4. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.
[4.] 5. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.
[5.] 6. This section does not prevent the State Board of Parole Commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
Sec. 2. NRS 176.055 is hereby amended to read as follows:
176.055 1. Except as otherwise provided in subsection 2, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may order that credit be allowed against the duration of the sentence, including any minimum term or minimum aggregate term, as applicable, thereof prescribed by law, for the amount of time which the defendant has actually spent in confinement before conviction, unless the defendants confinement was pursuant to a judgment of conviction for another offense. Credit allowed pursuant to this subsection does not alter the date from which the term of imprisonment is computed.
2. A defendant who is convicted of a subsequent offense which was committed while the defendant was:
(a) In custody on a prior charge is not eligible for any credit on the sentence for the subsequent offense for time the defendant has spent in confinement on the prior charge, unless the charge was dismissed or the defendant was acquitted.
(b) Imprisoned in a county jail or state prison or on probation or parole from a Nevada conviction is not eligible for any credit on the sentence for the subsequent offense for the time the defendant has spent in confinement which is within the period of the prior sentence, regardless of whether any probation or parole has been formally revoked.
Sec. 3. NRS 209.429 is hereby amended to read as follows:
209.429 1. Except as otherwise provided in subsection 6, the Director shall assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term or the maximum aggregate term, as applicable, of his or her sentence if the offender has:
(a) Demonstrated a willingness and ability to establish a position of employment in the community;
(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his or her confinement and to meet any existing obligation for restitution to any victim of his or her crime.
κ2013 Statutes of Nevada, Page 223 (CHAPTER 64, SB 71)κ
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he or she must submit to the Division of Parole and Probation a signed document stating that:
(a) He or she will comply with the terms or conditions of the residential confinement; and
(b) If he or she fails to comply with the terms or conditions of the residential confinement and is taken into custody outside of this State, he or she waives all rights relating to extradition proceedings.
3. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits earned by the offender to reduce his or her sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
5. A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
6. The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
Sec. 4. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement, or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually incarcerated under sentence; and
(b) For the period the offender is in residential confinement,
κ2013 Statutes of Nevada, Page 224 (CHAPTER 64, SB 71)κ
Κ a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.
2. The credits earned by an offender must be deducted from the maximum term or the maximum aggregate term imposed by the sentence , as applicable, and, except as otherwise provided in subsection 5, must apply to eligibility for parole.
3. In addition to the credits for good behavior provided for in subsection 1, the Board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the deductions allowed by this section if the offender has satisfied the conditions of subsection 1 or 3 as determined by the Director.
5. Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 5. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually incarcerated under sentence;
(b) For the period the offender is in residential confinement; and
(c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,
Κ a deduction of 10 days from the offenders sentence for each month the offender serves.
2. In addition to the credit provided for in subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
κ2013 Statutes of Nevada, Page 225 (CHAPTER 64, SB 71)κ
4. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence [;] , as applicable; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 6. NRS 209.4465 is hereby amended to read as follows:
209.4465 1. An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:
(a) For the period the offender is actually incarcerated pursuant to his or her sentence;
(b) For the period the offender is in residential confinement; and
(c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,
Κ a deduction of 20 days from his or her sentence for each month the offender serves.
2. In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general educational development certificate, 60 days.
(b) For earning a high school diploma, 90 days.
(c) For earning his or her first associate degree, 120 days.
3. The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Except as otherwise provided in [subsection] subsections 8 [,] and 9, credits earned pursuant to this section:
(a) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence [;] , as applicable; and
κ2013 Statutes of Nevada, Page 226 (CHAPTER 64, SB 71)κ
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
8. Credits earned pursuant to this section by an offender who has not been convicted of:
(a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;
(b) A sexual offense that is punishable as a felony;
(c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony; or
(d) A category A or B felony,
Κ apply to eligibility for parole and , except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence , as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence [.] , as applicable.
9. Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who:
(a) Is serving a sentence for an offense committed on or after July 1, 2014; or
(b) On or after July 1, 2014, makes an irrevocable election to have his or her consecutive sentences aggregated pursuant to section 11 of this act.
Sec. 7. NRS 209.447 is hereby amended to read as follows:
209.447 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if the offender has no serious infraction of the terms and conditions of his or her parole or the laws of this state recorded against the offender, be allowed for the period the offender is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned.
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if the offender has no serious infraction of the terms and conditions of his or her parole or the laws of this state recorded against the offender, be allowed for the period the offender is actually on parole a deduction of 10 days from the offenders sentence for each month the offender serves.
3. An offender is entitled to the deductions authorized by this section only if the offender satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.4475, 209.448 and 209.449, be deducted from the maximum term or the maximum aggregate term imposed by the sentence [.] , as applicable.
5. The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.
κ2013 Statutes of Nevada, Page 227 (CHAPTER 64, SB 71)κ
Sec. 8. NRS 209.4475 is hereby amended to read as follows:
209.4475 1. In addition to any credits earned pursuant to NRS 209.447, an offender who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life must be allowed for the period the offender is actually on parole a deduction of 20 days from the offenders sentence for each month the offender serves if:
(a) The offender is current with any fee to defray the costs of his or her supervision pursuant to NRS 213.1076; and
(b) The offender is current with any payment of restitution required pursuant to NRS 213.126.
2. In addition to any credits earned pursuant to subsection 1 and NRS 209.447, the Director may allow not more than 10 days of credit each month for an offender:
(a) Who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life; and
(b) Whose diligence in labor or study merits such credits.
3. An offender is entitled to the deductions authorized by this section only if the offender satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.447, 209.448 and 209.449, be deducted from the maximum term or the maximum aggregate term imposed by the sentence [.] , as applicable.
5. The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 9. NRS 209.448 is hereby amended to read as follows:
209.448 1. An offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against the offender must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 60 days from the maximum term or the maximum aggregate term of the offenders sentence , as applicable, for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the Department and a person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern, pursuant to chapter 641C of NRS.
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 10. NRS 209.449 is hereby amended to read as follows:
209.449 1. An offender who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of 60 days from the maximum term or the maximum aggregate term of the offenders sentence , as applicable, for the successful completion of:
(a) A program of vocational education and training; or
(b) Any other program approved by the Director.
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2. If the offender completes such a program with meritorious or exceptional achievement, the Director may allow not more than 60 days of credit in addition to the 60 days allowed for completion of the program.
Sec. 11. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated:
(a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and
(b) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
2. For purposes of determining parole eligibility, a prisoner whose sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449, inclusive, which must be deducted from the minimum aggregate term of imprisonment or the maximum aggregate term of imprisonment, as applicable. Such credits may be earned only to the extent that the credits would otherwise be earned had the sentences not been aggregated.
3. Except as otherwise provided in subsection 3 of NRS 176.035, a prisoner who is serving consecutive sentences which have not been aggregated may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the sentences aggregated. If the prisoner makes such an irrevocable election to have the sentences aggregated and:
(a) The prisoner has not been considered for parole on any of the sentences, the Department of Corrections shall aggregate the sentences in the manner set forth in NRS 176.035 and the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole on one or more of the sentences, the Department of Corrections shall aggregate only the sentences for which parole has not been considered. The Board is not required to consider the prisoner for parole on the aggregated sentences until the prisoner has served the minimum aggregate term of imprisonment.
Sec. 12. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 11 of this act, unless the context otherwise requires:
1. Board means the State Board of Parole Commissioners.
2. Chief means the Chief Parole and Probation Officer.
3. Division means the Division of Parole and Probation of the Department of Public Safety.
4. Residential confinement means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
5. Sex offender means any person who has been or is convicted of a sexual offense.
6. Sexual offense means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
κ2013 Statutes of Nevada, Page 229 (CHAPTER 64, SB 71)κ
NRS 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 13. NRS 213.1085 is hereby amended to read as follows:
213.1085 1. The Board shall appoint an Executive Secretary, who is in the unclassified service of the State.
2. The Executive Secretary must be selected on the basis of his or her training, experience, capacity and interest in correctional services.
3. The Board shall supervise the activities of the Executive Secretary.
4. The Executive Secretary is the Secretary of the Board and shall perform such duties in connection therewith as the Board may require, including, but not limited to, preparing the agenda for board meetings and answering correspondence from prisoners in the state prison.
5. The Executive Secretary shall prepare a list at least 30 days before any scheduled action by the Board showing each person then eligible for parole indicating:
(a) The name of the prisoner;
(b) The crime for which the prisoner was convicted;
(c) The county in which the prisoner was sentenced;
(d) The date of the sentence;
(e) The length of the sentence, including the minimum term or the minimum aggregate term, as applicable, and the maximum term or the maximum aggregate term, as applicable, of imprisonment or the definite term of imprisonment, if one is imposed;
(f) The amount of time actually served in the state prison;
(g) The amount of credit for time previously served in a county jail; and
(h) The amount of credit allowed to reduce the sentence of the prisoner pursuant to chapter 209 of NRS.
Κ The Executive Secretary shall send copies to all law enforcement agencies in this state and to other persons whom the Executive Secretary deems appropriate, at least 30 days before any scheduled action by the Board. Each law enforcement agency that receives the list shall make the list available for public inspection during normal business hours.
Sec. 14. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section and NRS 213.1214 and 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive [.] , and section 11 of this act.
2. In determining whether to release a prisoner on parole, the Board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
κ2013 Statutes of Nevada, Page 230 (CHAPTER 64, SB 71)κ
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court , as applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and [that the prisoner] does not have a history of:
(a) Recent misconduct in the institution, and that the prisoner has been recommended for parole by the Director of the Department of Corrections;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.
Sec. 15. NRS 213.120 is hereby amended to read as follows:
213.120 1. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, may be paroled when the prisoner has served one-third of the definite period of time for which the prisoner has been sentenced pursuant to NRS 176.033, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
2. Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, may be paroled when the prisoner has served the minimum term or minimum aggregate term of imprisonment imposed by the court. Except as otherwise provided in NRS 209.4465, any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term or minimum aggregate term of imprisonment may reduce only the maximum term or the maximum aggregate term of imprisonment imposed , as applicable, and must not reduce the minimum term or the minimum aggregate term of imprisonment [.] , as applicable.
Sec. 16. NRS 213.1213 is hereby amended to read as follows:
213.1213 1. If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.
κ2013 Statutes of Nevada, Page 231 (CHAPTER 64, SB 71)κ
identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.
2. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences of life imprisonment with the possibility of parole:
(a) For offenses committed on or after July 1, 2009 [:] , but before July 1, 2014:
(1) All minimum sentences for such offenses must be aggregated;
(2) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate sentence; and
(3) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.
(b) For offenses committed before July 1, 2009, in cases in which the prisoner has not previously been considered for parole for any such offenses:
(1) The prisoner may, by submitting a written request to the Director of the Department of Corrections [,] before July 1, 2014, make an irrevocable election to have the minimum sentences for such offenses aggregated; and
(2) If the prisoner makes such an irrevocable election to have the minimum sentences for such offenses aggregated, the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate sentence.
Sec. 17. NRS 213.1215 is hereby amended to read as follows:
213.1215 1. Except as otherwise provided in this section and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:
(a) Has not been released on parole previously for that sentence; and
(b) Is not otherwise ineligible for parole,
Κ the prisoner must be released on parole 12 months before the end of his or her maximum term [,] or maximum aggregate term, as applicable, as reduced by any credits the prisoner has earned to reduce his or her sentence pursuant to chapter 209 of NRS.
2. Except as otherwise provided in this section, a prisoner who was sentenced to life imprisonment with the possibility of parole and who was less than 16 years of age at the time that the prisoner committed the offense for which the prisoner was imprisoned must, if the prisoner still has a consecutive sentence to be served, be granted parole from his or her current term of imprisonment to his or her subsequent term of imprisonment or must, if the prisoner does not still have a consecutive sentence to be served, be released on parole, if:
(a) The prisoner has served the minimum term or the minimum aggregate term of imprisonment imposed by the court [;] , as applicable;
(b) The prisoner has completed a program of general education or an industrial or vocational training program;
(c) The prisoner has not been identified as a member of a group that poses a security threat pursuant to the procedures for identifying security threats established by the Department of Corrections; and
(d) The prisoner has not, within the immediately preceding 24 months:
(1) Committed a major violation of the regulations of the Department of Corrections; or
κ2013 Statutes of Nevada, Page 232 (CHAPTER 64, SB 71)κ
(2) Been housed in disciplinary segregation.
3. If a prisoner who meets the criteria set forth in subsection 2 is determined to be a high risk to reoffend in a sexual manner pursuant to NRS 213.1214, the Board is not required to release the prisoner on parole pursuant to this section. If the prisoner is not granted parole, a rehearing date must be scheduled pursuant to NRS 213.142.
4. The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his or her release.
[4.] 5. Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.
[5.] 6. If the Board finds [, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1 or 2] that there is a reasonable probability that [the] a prisoner considered for release on parole pursuant to subsection 1 will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his or her sentence and not grant the parole . [provided for in subsection 1 or 2.] If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1 , [or 2,] the Board shall provide to the prisoner a written statement of its reasons for denying parole.
[6.] 7. If the Board finds that there is a reasonable probability that a prisoner considered for release on parole pursuant to subsection 2 will be a danger to public safety while on parole, the Board is not required to grant the parole and shall schedule a rehearing pursuant to NRS 213.142. Except as otherwise provided in subsection 3 of NRS 213.1519, if a prisoner is not granted parole pursuant to this subsection, the criteria set forth in subsection 2 must be applied at each subsequent hearing until the prisoner is granted parole or expires his or her sentence. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 2, the Board shall provide to the prisoner a written statement of its reasons for denying parole, along with specific recommendations of the Board, if any, to improve the possibility of granting parole the next time the prisoner may be considered for parole.
8. If the prisoner is the subject of a lawful request from another law enforcement agency that the prisoner be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.
[7.] 9. If the Division has not completed its establishment of a program for the prisoners activities during his or her parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoners program is established.
[8.] 10. For the purposes of this section, the determination of the 12-month period before the end of a prisoners term must be calculated without consideration of any credits the prisoner may have earned to reduce his or her sentence had the prisoner not been paroled.
Sec. 18. NRS 213.15185 is hereby amended to read as follows:
213.15185 1. A prisoner who is paroled and leaves the State without permission from the Board or who does not keep the Board informed as to his or her location as required by the conditions of his or her parole shall be deemed an escaped prisoner and arrested as such.
κ2013 Statutes of Nevada, Page 233 (CHAPTER 64, SB 71)κ
2. Except as otherwise provided in subsection 2 of NRS 213.1519, if parole is lawfully revoked and the parolee is thereafter returned to prison, the parolee forfeits all previously earned credits for good behavior earned to reduce his or her sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board.
3. Except as otherwise provided in subsection 2 of NRS 213.1519, the Board may restore any credits forfeited pursuant to subsection 2.
4. Except as otherwise provided in NRS 213.15187, the time a person is an escaped prisoner is not time served on his or her term of imprisonment.
Sec. 19. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. Except as otherwise provided in [subsection] subsections 2 [,] and 3, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS; and
(b) Must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board [.] with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to subsection 1 of NRS 213.1215 whose parole is revoked for having been convicted of a new felony:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence; and
(c) May not again be released on parole during his or her term of imprisonment.
3. A parolee released on parole pursuant to subsection 2 of NRS 213.1215 whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his or her conduct:
(a) Forfeits all credits for good behavior previously earned to reduce his or her sentence pursuant to chapter 209 of NRS;
(b) Must serve such part of the unexpired maximum term or maximum aggregate term, as applicable, of his or her original sentence as may be determined by the Board; and
(c) Must not be considered again for release on parole pursuant to subsection 2 of NRS 213.1215 but may be considered for release on parole pursuant to NRS 213.1099, with rehearing dates scheduled pursuant to NRS 213.142.
Κ The Board may restore any credits forfeited under this section.
Sec. 20. NRS 213.625 is hereby amended to read as follows:
213.625 1. Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which a prisoner or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the reentry court if the Chair believes that the person:
κ2013 Statutes of Nevada, Page 234 (CHAPTER 64, SB 71)κ
(a) Would participate successfully in and benefit from a judicial program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his or her crime.
2. Except as otherwise provided in this section, if the Chair is notified by the reentry court pursuant to NRS 209.4883 that a person should be ordered to participate in a judicial program, the Board may, in accordance with the provisions of this section:
(a) If the person is a prisoner who is being considered for parole, upon the granting of parole to the prisoner, require as a condition of parole that the person participate in and complete the judicial program; or
(b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the judicial program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.
3. If a prisoner who has been assigned to the custody of the Division to participate in a judicial program pursuant to NRS 209.4886 is being considered for parole:
(a) The Board shall, if the Board grants parole to the prisoner, require as a condition of parole that the person continue to participate in and complete the judicial program.
(b) The Board is not required to refer the prisoner to the reentry court pursuant to subsection 1 or to obtain prior approval of the reentry court pursuant to NRS 209.4883 for the prisoner to continue participating in the judicial program while the prisoner is on parole.
4. In determining whether to order a person to participate in and complete a judicial program pursuant to this section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations requiring persons who are ordered to participate in and complete a judicial program pursuant to this section to reimburse the reentry court and the Division for the cost of their participation in a judicial program, to the extent of their ability to pay.
6. The Board shall not order a person to participate in a judicial program if the time required to complete the judicial program is longer than the unexpired maximum term or the unexpired maximum aggregate term, as applicable, of the persons original sentence.
Sec. 21. NRS 213.632 is hereby amended to read as follows:
213.632 1. Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender or parolee may be paroled, the Chair of the Board may, after consulting with the Division, refer a prisoner who is being considered for parole or a parolee who has violated a term or condition of his or her parole to the Director if the Chair believes that the person:
κ2013 Statutes of Nevada, Page 235 (CHAPTER 64, SB 71)κ
(a) Would participate successfully in and benefit from a correctional program; and
(b) Has demonstrated a willingness to:
(1) Engage in employment or participate in vocational rehabilitation or job skills training; and
(2) Meet any existing obligation for restitution to any victim of his or her crime.
2. Except as otherwise provided in this section, if the Chair is notified by the Director pursuant to NRS 209.4887 that a person is suitable to participate in a correctional program, the Board may, in accordance with the provisions of this section:
(a) If the person is an offender who is being considered for parole, upon the granting of parole to the offender, require as a condition of parole that the offender participate in and complete the correctional program; or
(b) If the person is a parolee who has violated a term or condition of his or her parole, order the parolee to participate in and complete the correctional program as a condition of the continuation of his or her parole and in lieu of revoking his or her parole and returning the parolee to confinement.
3. If an offender who has been assigned to the custody of the Division to participate in a correctional program pursuant to NRS 209.4888 is being considered for parole, the Board shall, if the Board grants parole to the offender, require as a condition of parole that the offender continue to participate in and complete the correctional program.
4. In determining whether to order a person to participate in and complete a correctional program pursuant to this section, the Board shall consider:
(a) The criminal history of the person; and
(b) The safety of the public.
5. The Board shall adopt regulations requiring persons who are ordered to participate in and complete a correctional program pursuant to this section to reimburse the Department of Corrections and the Division for the cost of their participation in a correctional program, to the extent of their ability to pay.
6. The Board shall not order a person to participate in a correctional program if the time required to complete the correctional program is longer than the unexpired maximum term or the unexpired maximum aggregate term, as applicable, of the persons original sentence.
Sec. 22. This act becomes effective on July 1, 2014.
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κ2013 Statutes of Nevada, Page 236κ
Assembly Bill No. 69Assemblyman Elliot Anderson
Joint Sponsor: Senator Kihuen
CHAPTER 65
[Approved: May 23, 2013]
AN ACT relating to crematories; revising provisions governing the location of a crematory for human remains; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person may not cremate any human remains except in a crematory whose operator is licensed by the Nevada State Funeral Board. (NRS 451.635) Existing law further provides that a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location of the crematory is zoned for commercial or industrial use or at any other location where local zoning permits. (NRS 451.645) Section 1 of this bill imposes an additional restriction upon the operation of a crematory that is proposed to be located in an incorporated city whose population is 60,000 or more (currently Henderson, Las Vegas, North Las Vegas, Reno and Sparks) or in an unincorporated town that is contiguous to such an incorporated city by prohibiting the Board from issuing a license to the applicant unless the proposed location of all structures associated with the crematory are: (1) in an area which is zoned for mixed, commercial or industrial use; and (2) at least 1,500 feet from the boundary line of any parcel zoned for residential use. Section 1 also requires the Board to examine the location of a crematory when issuing a license to the operator of the crematory to determine whether any restriction relating to the location of the crematory is applicable. Section 2 of this bill makes the additional restriction relating to the location of a crematory apply to a crematory which is proposed to be erected on or adjacent to a cemetery or funeral home in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city. Section 3 of this bill provides that the new restriction relating to the location of a crematory does not apply to a crematory whose operator is the holder of a license issued or renewed by the Board before October 1, 2013.
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 451.635 is hereby amended to read as follows:
451.635 1. No person may cremate human remains except in a crematory whose operator is licensed by the Nevada State Funeral Board.
2. If a crematory is proposed to be located in an incorporated city whose population is 60,000 or more or in an unincorporated town that is contiguous to such an incorporated city, the Board shall not issue a license to the applicant unless the proposed location of all structures associated with the crematory are:
κ2013 Statutes of Nevada, Page 237 (CHAPTER 65, AB 69)κ
(a) In an area which is zoned for mixed, commercial or industrial use; and
(b) At least 1,500 feet from the boundary line of any parcel zoned for residential use.
3. The Board shall prescribe and furnish forms for application for licensing. An application must be in writing and contain:
(a) The name and address of the applicant and the location or proposed location of the crematory;
(b) A description of the structure and equipment to be used in operating the crematory; and
(c) Any further information that the Board may reasonably require.
[3.] 4. An application must be signed by the applicant personally, by one of the partners if the applicant is a partnership, or by an authorized officer if the applicant is a corporation or other form of business organization.
[4.] 5. The Board shall examine the structure and equipment and, if applicable, the location and shall issue the license if:
(a) It appears that the proposed operation will meet the requirements of NRS 451.600 to 451.715, inclusive; and
(b) The applicant has paid all fees related to the application.
[5.] 6. If the ownership of a crematory is to be changed, the proposed operator shall apply for licensing at least 30 days before the change.
Sec. 2. NRS 451.645 is hereby amended to read as follows:
451.645 1. A cemetery or funeral home may erect and conduct a crematory if licensed as the operator.
2. [A] Except as otherwise provided in subsection 2 of NRS 451.635, a crematory may be erected on or adjacent to the premises of a cemetery or funeral establishment if the location is zoned for commercial or industrial use, or at any other location where the local zoning permits. A crematory must conform to all local building codes and environmental standards.
3. The operator of a crematory may contract with or employ a licensed funeral director to:
(a) Deal with the public in arranging for cremations;
(b) Transport human remains to the crematory; or
(c) Distribute, fill out or obtain the return of necessary papers.
Κ This subsection does not require the performance of any act by a licensed funeral director unless other law requires that such an act be performed only by him or her.
Sec. 3. The amendatory provisions of this act do not apply to a crematory which has been lawfully and continuously operated as a crematory since before October 1, 2013.
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κ2013 Statutes of Nevada, Page 238κ
Senate Bill No. 97Committee on Health and Human Services
CHAPTER 66
[Approved: May 23, 2013]
AN ACT relating to child welfare; revising the information that must be included in a petition alleging that a child is in need of protection; revising provisions relating to the semiannual review of the placement of a child by the court and the annual hearing concerning the permanent placement of a child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires certain information to be set forth in a petition alleging that a child is in need of protection. (NRS 432B.510) Section 1 of this bill specifies that the childs address included in the petition must be the address of the primary residence of the child at the time of removal, rather than the address of the location where the child was placed after removal.
Existing law requires that the court review semiannually the placement of a child with a person other than a parent and annually review the permanent placement of a child. Certain persons, including the parties to any prior proceedings, any persons planning to adopt the child and the persons providing care to the child, are required to be given notice of the hearing and an opportunity to be heard. (NRS 432B.580, 432B.590) Sections 3 and 4 of this bill revise existing law to provide certain persons with the right to be heard. Section 4 also requires the court in an annual review to make certain determinations regarding out-of-state placement and transition services.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.510 is hereby amended to read as follows:
432B.510 1. A petition alleging that a child is in need of protection may be signed only by:
(a) A representative of an agency which provides child welfare services;
(b) A law enforcement officer or probation officer; or
(c) The district attorney.
2. The district attorney shall countersign every petition alleging need of protection, and shall represent the interests of the public in all proceedings. If the district attorney fails or refuses to countersign the petition, the petitioner may seek a review by the Attorney General. If the Attorney General determines that a petition should be filed, the Attorney General shall countersign the petition and shall represent the interests of the public in all subsequent proceedings.
3. Every petition must be entitled In the Matter of , a child, and must be verified by the person who signs it.
4. Every petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 432B.410.
(b) The name, date of birth and address of the primary residence of the child [.] at the time of removal.
κ2013 Statutes of Nevada, Page 239 (CHAPTER 66, SB 97)κ
(c) The names and addresses of the residences of the childs parents and any other person responsible for the childs welfare, and spouse if any. If the parents or other person responsible for the welfare of the child do not reside in this State or cannot be found within the State, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the State or, if there is none, the known adult relative residing nearest to the court.
(d) Whether the child is in protective custody and, if so:
(1) The agency responsible for placing the child in protective custody and the reasons therefor; and
(2) Whether the child has been placed in a home or facility in compliance with the provisions of NRS 432B.3905. If the placement does not comply with the provisions of NRS 432B.3905, the petition must include a plan for transferring the child to a placement which complies with the provisions of NRS 432B.3905.
5. When any of the facts required by subsection 4 are not known, the petition must so state.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 432B.580 is hereby amended to read as follows:
432B.580 1. Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:
(a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.
(b) Information concerning the placement of the child in relation to the childs siblings, including, without limitation:
(1) Whether the child was placed together with the siblings;
(2) Any efforts made by the agency to have the child placed together with the siblings;
(3) Any actions taken by the agency to ensure that the child has contact with the siblings; and
(4) If the child is not placed together with the siblings:
(I) The reasons why the child is not placed together with the siblings; and
(II) A plan for the child to visit the siblings, which must be approved by the court.
(c) A copy of an academic plan developed for the child pursuant to NRS 388.155, 388.165 or 388.205.
(d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.
3. Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
κ2013 Statutes of Nevada, Page 240 (CHAPTER 66, SB 97)κ
ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.
4. After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.
5. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.
6. Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:
(a) All the parties to any of the prior proceedings;
(b) Any persons planning to adopt the child;
(c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if any; and
(d) Any other relatives of the child or providers of foster care who are currently providing care to the child.
7. The notice of the hearing required to be given pursuant to subsection 6:
(a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;
(b) Must not include any confidential information described in NRS 127.140; and
(c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.
8. The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 [an opportunity] a right to be heard at the hearing.
9. The court or panel shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and
(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.
10. The provision of notice and [an opportunity] a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
κ2013 Statutes of Nevada, Page 241 (CHAPTER 66, SB 97)κ
Sec. 4. NRS 432B.590 is hereby amended to read as follows:
432B.590 1. Except as otherwise provided in NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:
(a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.
(b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.
Κ Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.
2. The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 [an opportunity] a right to be heard at the hearing.
3. At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and determine:
(a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553; [and]
(b) Whether, and if applicable when:
(1) The child should be returned to the parents of the child or placed with other relatives;
(2) It is in the best interests of the child to:
(I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;
(II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or
(III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or
(3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement [.] ;
(c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;
(d) If the child has attained the age of 16 years, whether the child will receive the services needed to assist the child in transitioning to independent living; and
(e) If the child has been placed outside of this State, whether the placement outside of this State continues to be appropriate for and in the best interests of the child.
Κ The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.
4. If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.
κ2013 Statutes of Nevada, Page 242 (CHAPTER 66, SB 97)κ
5. This hearing may take the place of the hearing for review required by NRS 432B.580.
6. The provision of notice and [an opportunity] a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
________
Senate Bill No. 98Committee on Health and Human Services
CHAPTER 67
[Approved: May 23, 2013]
AN ACT relating to children; revising provisions governing certain reasonable efforts made by an agency which provides child welfare services to preserve and reunify the family of a child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing federal law, each state is eligible to receive payments for providing assistance to needy families with children and for providing child welfare services if the state adopts a state plan for foster care and adoption assistance and the plan is approved by the Secretary of the United States Department of Health and Human Services. Each state plan must set forth provisions for providing that assistance, including the imposition of a requirement that reasonable efforts be made to preserve and reunify families: (1) before a child is placed in foster care in order to prevent the need to remove the child from his or her home; and (2) to make it possible to return the child safely to his or her home. Each state plan must also provide that those reasonable efforts are not required to be made concerning a parent of a child if a court makes certain determinations. (42 U.S.C. § 671)
Pursuant to the federal requirement to adopt a state plan, existing law in Nevada requires an agency which provides child welfare services to make reasonable efforts to preserve and reunify the family of a child under the same circumstances as those set forth in federal law. (NRS 432B.393) This bill makes various changes to those circumstances. Specifically, this bill: (1) revises the findings that the court is required to make in determining whether an agency which provides child welfare services is required to make reasonable efforts to preserve and reunify the family of a child; (2) revises the definition of reasonable efforts to require the exercise of diligence and care in arranging appropriate, accessible and available services that are designed to improve the ability of a family to provide a safe and stable home for each child in the family; (3) requires the court, when determining whether reasonable efforts have been made, to consider whether any efforts made were contrary to the health and safety of the child and to consider the efforts made, if any, to prevent the need to remove the child from the home and the efforts to finalize the plan for the permanent placement of the child; and (4) requires the court, when determining whether reasonable efforts are not required or whether the agency which provides child welfare services has made those efforts, to ensure that each determination is made by the court on a case-by-case basis, is based upon specific evidence and is expressly stated by the court in its order.
κ2013 Statutes of Nevada, Page 243 (CHAPTER 67, SB 98)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 432B.393 is hereby amended to read as follows:
432B.393 1. Except as otherwise provided in this section, an agency which provides child welfare services shall make reasonable efforts to preserve and reunify the family of a child:
(a) Before the placement of the child in foster care, to prevent or eliminate the need to remove the child from the home; and
(b) To make it possible for the safe return of the child to the home.
2. In determining the reasonable efforts required by subsection 1, the health and safety of the child must be the paramount concern. The agency which provides child welfare services may make reasonable efforts to place the child for adoption or with a legal guardian concurrently with making the reasonable efforts required pursuant to subsection 1. If the court determines that continuation of the reasonable efforts required by subsection 1 is inconsistent with the plan for the permanent placement of the child, the agency which provides child welfare services shall make reasonable efforts to place the child in a timely manner in accordance with that plan and to complete whatever actions are necessary to finalize the permanent placement of the child.
3. An agency which provides child welfare services is not required to make the reasonable efforts required by subsection 1 if the court finds that:
(a) A parent or other [primary caretaker of the child] person responsible for the childs welfare has:
(1) Committed, aided or abetted in the commission of, or attempted, conspired or solicited to commit murder or voluntary manslaughter;
(2) Caused the abuse or neglect of the child, or of another child of the parent or [primary caretaker,] other person responsible for the childs welfare, which resulted in substantial bodily harm to the abused or neglected child;
(3) Caused the abuse or neglect of the child, a sibling of the child or another child in the household, and the abuse or neglect was so extreme or repetitious as to indicate that any plan to return the child to the home would result in an unacceptable risk to the health or welfare of the child; or
(4) Abandoned the child for 60 or more days, and the identity of the parent of the child is unknown and cannot be ascertained through reasonable efforts;
(b) A parent of the child has, for the previous 6 months, had the ability to contact or communicate with the child and made no more than token efforts to do so;
(c) The parental rights of a parent to a sibling of the child have been terminated by a court order upon any basis other than the execution of a voluntary relinquishment of those rights by a natural parent, and the court order is not currently being appealed;
(d) The child or a sibling of the child was previously removed from the home, adjudicated to have been abused or neglected, returned to the home and subsequently removed from the home as a result of additional abuse or neglect;
κ2013 Statutes of Nevada, Page 244 (CHAPTER 67, SB 98)κ
(e) The child is less than 1 year of age, the father of the child is not married to the mother of the child and the father of the child:
(1) Has failed within 60 days after learning of the birth of the child, to visit the child, to commence proceedings to establish his paternity of the child or to provide financial support for the child; or
(2) Is entitled to seek custody of the child but fails to do so within 60 days after learning that the child was placed in foster care; [or]
(f) The child was delivered to a provider of emergency services pursuant to NRS 432B.630 [.] ;
(g) The child, a sibling of the child or another child in the household has been sexually abused or has been subjected to neglect by pervasive instances of failure to protect the child from sexual abuse; or
(h) A parent of the child is required to register as a sex offender pursuant to the provisions of chapter 179D of NRS or the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. §§ 16901 et seq.
4. Except as otherwise provided in subsection 6, for the purposes of this section, unless the context otherwise requires, reasonable efforts have been made if an agency which provides child welfare services to children with legal custody of a child has exercised diligence and care in arranging appropriate , accessible and available services [for the child,] that are designed to improve the ability of a family to provide a safe and stable home for each child in the family, with the health and safety of the child as its paramount concerns. The exercise of such diligence and care includes, without limitation, obtaining necessary and appropriate information concerning the child for the purposes of NRS 127.152, 127.410 and 424.038.
5. In determining whether reasonable efforts have been made pursuant to subsection 4, the court shall:
(a) Evaluate the evidence and make findings based on whether a reasonable person would conclude that reasonable efforts were made;
(b) Consider any input from the child;
(c) Consider the efforts made and the evidence presented since the previous finding of the court concerning reasonable efforts;
(d) Consider the diligence and care that the agency is legally authorized and able to exercise;
(e) Recognize and take into consideration the legal obligations of the agency to comply with any applicable laws and regulations;
(f) Base its determination on the circumstances and facts concerning the particular family or plan for the permanent placement of the child at issue;
(g) Consider whether any of the efforts made were contrary to the health and safety of the child;
(h) Consider the efforts made, if any, to prevent the need to remove the child from the home and to finalize the plan for the permanent placement of the child;
(i) Consider whether the provisions of subsection 6 are applicable; and
[(h)] (j) Consider any other matters the court deems relevant.
6. An agency which provides child welfare services may satisfy the requirement of making reasonable efforts pursuant to this section by taking no action concerning a child or making no effort to provide services to a child if it is reasonable, under the circumstances, to do so.
κ2013 Statutes of Nevada, Page 245 (CHAPTER 67, SB 98)κ
7. In determining whether reasonable efforts are not required pursuant to subsection 3 or whether reasonable efforts have been made pursuant to subsection 4, the court shall ensure that each determination is:
(a) Made by the court on a case-by-case basis;
(b) Based upon specific evidence; and
(c) Expressly stated by the court in its order.
________
Senate Bill No. 102Senator Kieckhefer
CHAPTER 68
[Approved: May 23, 2013]
AN ACT relating to education; expanding the scope of the Kenny C. Guinn Memorial Millennium Scholarship by requiring the Board of Trustees of the College Savings Plans of Nevada to award the Memorial Scholarship to two eligible recipients each year; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Trustees of the College Savings Plans of Nevada to award annually the Kenny C. Guinn Memorial Millennium Scholarship to one eligible recipient who is a senior or rising senior at a university, state college or community college within the Nevada System of Higher Education or at certain other accredited colleges or universities in this State. (NRS 396.945) This bill requires the Board to award annually the Memorial Scholarship to: (1) one eligible recipient who is a student enrolled at the University of Nevada, Reno, Great Basin College, Sierra Nevada College or any other eligible college or university designated by the Board as representative of northern Nevada; and (2) one eligible recipient who is a student enrolled at the University of Nevada, Las Vegas, Nevada State College or any other eligible college or university designated by the Board as representative of southern Nevada.
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 396.945 is hereby amended to read as follows:
396.945 1. The Board shall annually award the Memorial Scholarship to:
(a) One recipient who is a student enrolled at:
(1) The University of Nevada, Reno, Great Basin College or Sierra Nevada College; or
(2) Any other college or university which awards a bachelors degree in education and which is designated by the Board as an institution representative of northern Nevada; and
(b) One recipient who is a student enrolled at:
(1) The University of Nevada, Las Vegas, or Nevada State College; or
κ2013 Statutes of Nevada, Page 246 (CHAPTER 68, SB 102)κ
(2) Any other college or university which awards a bachelors degree in education and which is designated by the Board as an institution representative of southern Nevada.
2. The Board shall establish additional criteria governing the annual selection of [the] each recipient of the Memorial Scholarship, which must include, without limitation, a requirement that [the] a recipient:
(a) Be in or entering his or her senior year at an [eligible] academic institution [;] described in subsection 1;
(b) Be on the list of eligible students for a Millennium Scholarship which is certified to the State Treasurer pursuant to NRS 396.934;
(c) Have a college grade point average of not less than 3.5 on a 4.0 grading scale;
(d) Have a declared major in elementary education or secondary education;
(e) Have a stated commitment to teaching in this State following graduation; and
(f) Have a commendable record of community service.
[2.] 3. A student who satisfies the criteria established pursuant to [subsection 1] this section may apply for a Memorial Scholarship by submitting an application to the Office of the State Treasurer on a form provided on the Internet website of the State Treasurer.
[3.] 4. The State Treasurer shall forward all applications received pursuant to subsection [2] 3 to the Board. The Board shall review and evaluate each application received from the State Treasurer and select [the] each recipient of the Memorial Scholarship [.
4.] in accordance with the criteria established pursuant to this section.
5. To the extent of available money in the account established pursuant to NRS 396.940, the annual Memorial Scholarship may be awarded to [the] each selected recipient in an amount not to exceed $4,500 to pay the educational expenses of the recipient for the school year which are authorized by subsection [5] 6 and which are not otherwise paid for by the Millennium Scholarship awarded to the recipient.
[5.] 6. A Memorial Scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the [eligible] academic institution [.
6.] in which he or she is enrolled.
7. As used in this section, Board means the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 247κ
Senate Bill No. 103Senator Kieckhefer
CHAPTER 69
[Approved: May 23, 2013]
AN ACT relating to crimes; revising the period of limitation for crimes relating to the sexual abuse of a child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain periods of limitation for crimes relating to the sexual abuse of a child which require that an indictment be found or an information or complaint be filed before the victim of the sexual abuse of a child is: (1) 21 years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches 21 years of age; or (2) 28 years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches 21 years of age. (NRS 171.095) This bill provides that an indictment must be found or an information or complaint must be filed before the victim of the sexual abuse of a child is: (1) 36 years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches 36 years of age; or (2) 43 years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches 36 years of age.
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. 2. (Deleted by amendment.)
Sec. 3. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or (c) or the provisions of NRS 202.885.
(b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:
(1) [Twenty-one] Thirty-six years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches that age; or
(2) [Twenty-eight] Forty-three years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse by the date on which the victim reaches [21] 36 years of age.
(c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.
κ2013 Statutes of Nevada, Page 248 (CHAPTER 69, SB 103)κ
commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
Sec. 4. The amendatory provisions of this act apply to a person who:
1. Committed the sexual abuse of a child, as defined in NRS 432B.100, before October 1, 2013, if the applicable period of limitation has commenced but has not yet expired on October 1, 2013.
2. Commits the sexual abuse of a child, as defined in NRS 432B.100, on or after October 1, 2013.
________
Senate Bill No. 104Committee on Judiciary
CHAPTER 70
[Approved: May 23, 2013]
AN ACT relating to parole; replacing the requirement for prisoners convicted of certain sexual offenses to be evaluated by a panel before their parole is granted or continued with a requirement for such prisoners to be assessed by the Department of Corrections; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) prohibits the State Board of Parole Commissioners from granting or continuing the parole of a prisoner convicted of certain sexual offenses unless a panel first evaluates the prisoner to determine the prisoners likelihood to reoffend in a sexual manner; and (2) authorizes the Board to require an evaluation of such a prisoner if the evaluation may assist the Board in determining whether parole should be granted or continued. (NRS 213.1214) This bill replaces the requirement for such evaluations to be conducted by a panel with a process that requires the Department of Corrections to assess the risk of a prisoner convicted of certain sexual offenses to reoffend in a sexual manner.
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 213.1099 is hereby amended to read as follows:
213.1099 1. Except as otherwise provided in this section and NRS [213.1214 and] 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.
2. In determining whether to release a prisoner on parole, the Board shall consider:
(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;
(b) Whether the release is incompatible with the welfare of society;
κ2013 Statutes of Nevada, Page 249 (CHAPTER 70, SB 104)κ
(c) The seriousness of the offense and the history of criminal conduct of the prisoner;
(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and
(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131.
3. When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.
4. Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and does not have a history of:
(a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
5. In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.
6. The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.
Sec. 1.5. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. [The Board shall not grant parole to or continue the parole of a prisoner who has served, is serving or has yet to serve a sentence on his or her current term of imprisonment for having been convicted of an offense listed in subsection 8 unless a panel consisting of:
(a) The Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his or her designee;
(b) The Director of the Department of Corrections or his or her designee; and
(c) A psychologist licensed to practice in this State or a psychiatrist licensed to practice medicine in this State,
Κ evaluates the prisoner, within 120 days before a hearing to consider granting or continuing his or her parole, using a currently accepted standard of assessment to determine the prisoners likelihood to reoffend in a sexual manner. The panel shall provide a report of its evaluation to the Board before the hearing.
2. The Board may require the panel to conduct an evaluation of a prisoner who is a sex offender if an evaluation may assist the Board in determining whether parole should be granted or continued. The panel shall provide a report of its evaluation to the Board before the hearing to consider granting or continuing the prisoners parole.]
κ2013 Statutes of Nevada, Page 250 (CHAPTER 70, SB 104)κ
granting or continuing the prisoners parole.] The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoners risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must return a risk level of low, moderate or high. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.
2. The Director shall:
(a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.
(b) Establish a procedure to:
(1) Ensure the accuracy of each completed assessment provided to the Board; and
(2) Correct any error occurring in a completed assessment provided to the Board.
3. This section does not create a right in any prisoner to be [evaluated] assessed or [reevaluated] reassessed more frequently than the prisoners regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the [panel] Department from conducting additional [evaluations] assessments of a prisoner if such [evaluations] assessments may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for [evaluating,] assessing, not [evaluating] assessing or considering or relying on an [evaluation] assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
4. [The panel shall adopt regulations pertaining to the evaluation of prisoners subject to the provisions of this section to determine a prisoners risk to reoffend in a sexual manner. The regulations must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.
5. The regulations adopted pursuant to subsection 4 must require that:
(a) The evaluation be based on currently accepted standards of assessment designed to determine the risk of an offender to reoffend in a sexual manner;
(b) The report of the evaluation contain a statement rating the prisoner as a low, moderate or high risk to reoffend in a sexual manner; and
(c) If the report of the evaluation varies from the standard of assessment, the panel include a written statement of any mitigating or aggravating factors which justified such deviation.
6. The panel shall:
(a) Review the standards of assessment and procedures adopted by regulation at least once every 3 years; and
(b) Make a finding regarding the validity of the use of any standard of assessment.
7. If the panel finds that a standard of assessment is ineffective, or another standard of assessment is more effective, in predicting whether a prisoner may reoffend in a sexual manner, the panel may discontinue the use of the current standard of assessment and adopt a new standard of assessment that is determined to be more effective.
κ2013 Statutes of Nevada, Page 251 (CHAPTER 70, SB 104)κ
prisoner may reoffend in a sexual manner, the panel may discontinue the use of the current standard of assessment and adopt a new standard of assessment that is determined to be more effective.
8. The provisions of this section apply to a prisoner convicted of any of the following offenses:
(a) Sexual assault pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Incest pursuant to NRS 201.180.
(g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(h) Open or gross lewdness pursuant to NRS 201.210.
(i) Indecent or obscene exposure pursuant to NRS 201.220.
(j) Lewdness with a child pursuant to NRS 201.230.
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.
(l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.
(n) An offense that is determined to be sexually motivated pursuant to NRS 175.547.
(o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
9.] The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.
5. The Board may adopt by regulation the manner in which the Board will consider an [evaluation] assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.
[10. Meetings of a panel pursuant to this section must be conducted in accordance with the provisions of chapter 241 of NRS.
11.] 6. As used in this section:
(a) [Current term of imprisonment] Director means [one or more sentences being served concurrently or consecutively with the sentence first imposed.] the Director of the Department of Corrections.
(b) Reoffend in a sexual manner means to commit [any] a sexual offense . [listed in subsection 8.]
(c) Sex offender means a person who, after July 1, 1956, is or has been:
(1) Convicted of a sexual offense; or
(2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph 19 of paragraph (d).
Κ The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.
(d) Sexual offense means any of the following offenses:
κ2013 Statutes of Nevada, Page 252 (CHAPTER 70, SB 104)κ
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
(11) Open or gross lewdness pursuant to NRS 201.210.
(12) Indecent or obscene exposure pursuant to NRS 201.220.
(13) Lewdness with a child pursuant to NRS 201.230.
(14) Sexual penetration of a dead human body pursuant to NRS 201.450.
(15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(16) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to (15), inclusive.
(17) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
(18) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(19) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(III) A court having jurisdiction over juveniles.
Κ The term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
κ2013 Statutes of Nevada, Page 253 (CHAPTER 70, SB 104)κ
of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2013.
________
Senate Bill No. 105Committee on Judiciary
CHAPTER 71
[Approved: May 23, 2013]
AN ACT relating to governmental publications; enacting the Uniform Electronic Legal Material Act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the publication of the Nevada Constitution, the Statutes of Nevada, the Nevada Revised Statutes and the Nevada Administrative Code by the Legislative Counsel Bureau. (NRS 218D.955-218D.965, 220.110, 220.130-220.167, 233B.065) This bill enacts the Uniform Electronic Legal Material Act to provide for the authentication, preservation and security of an electronic record of those legal materials which is designated as official and which is first published electronically on or after January 1, 2014.
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 59 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Electronic Legal Material Act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
Sec. 5. Legal material means, whether or not in effect:
1. The Nevada Constitution;
2. The Statutes of Nevada;
3. The Nevada Revised Statutes; and
4. The Nevada Administrative Code.
Sec. 6. Official publisher means the Legislative Counsel Bureau.
Sec. 7. Publish means to be displayed, presented or released to the public, or cause to be displayed, presented or released to the public, by the official publisher.
κ2013 Statutes of Nevada, Page 254 (CHAPTER 71, SB 105)κ
Sec. 8. Record means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 9. State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Sec. 10. The provisions of this chapter apply to all legal material in an electronic record which is designated as official under section 11 of this act and which is first published electronically on or after January 1, 2014.
Sec. 11. 1. If the official publisher publishes legal material only in an electronic record, the official publisher shall:
(a) Designate the electronic record as official; and
(b) Meet the requirements of sections 12, 14 and 15 of this act.
2. The official publisher that publishes legal material in a record other than an electronic record may designate an electronic record as official if the requirements of sections 12, 14 and 15 of this act are met.
Sec. 12. The official publisher of legal material in an electronic record that is designated as official under section 11 of this act shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from the official publisher is unaltered from the official record published by the official publisher.
Sec. 13. 1. Legal material in an electronic record that is authenticated under section 12 of this act is presumed to be an accurate copy of the legal material.
2. If another state has adopted an act substantially similar to this chapter, legal material in an electronic record designated as official and authenticated by that state is presumed to be an accurate copy of that legal material.
3. A party contesting the authentication of legal material has the burden of proving by a preponderance of the evidence that the legal material is not authentic.
Sec. 14. 1. The official publisher of legal material in an electronic record that is or was designated as official under section 11 of this act shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
2. If legal material is preserved in an electronic record, the official publisher shall:
(a) Ensure the integrity of the record;
(b) Provide for backup and disaster recovery of the record; and
(c) Ensure the continuing usability of the material.
Sec. 15. The official publisher of legal material in an electronic record that must be preserved under section 14 of this act shall ensure that the material is reasonably available for use by the public on a permanent basis.
Sec. 16. In implementing this chapter, the official publisher of legal material shall consider:
1. Standards and practices of other jurisdictions;
2. The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
κ2013 Statutes of Nevada, Page 255 (CHAPTER 71, SB 105)κ
3. The needs of users of legal material in an electronic record;
4. The views of governmental officials and entities and other interested persons; and
5. To the extent practicable, the use of methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are in harmony and compatible with the methods and technologies used in other states that have adopted the Uniform Electronic Legal Material Act.
Sec. 17. In applying and construing the Uniform Electronic Legal Material Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 18. This act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).
Sec. 19. This act becomes effective on January 1, 2014.
________
Senate Bill No. 110Senators Kihuen and Segerblom
CHAPTER 72
[Approved: May 23, 2013]
AN ACT relating to the Uniform Commercial Code; enacting the amendment to Article 4A of the Uniform Commercial Code; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law contains Article 4A of the Uniform Commercial Code, the uniform law governing certain funds transfers. Under existing law, the provisions of Article 4A do not apply if any part of a funds transfer is governed by the federal Electronic Fund Transfer Act of 1978, 15 U.S.C. §§ 1693 et seq. (NRS 104A.4108) This bill enacts the amendment to Article 4A promulgated by the Uniform Law Commission and the American Law Institute to provide that: (1) Article 4A applies to a funds transfer that is a remittance transfer, as defined in the federal Electronic Fund Transfer Act, if the remittance transfer is not an electronic fund transfer, as defined in the federal Electronic Fund Transfer Act; and (2) the federal Electronic Fund Transfer Act applies to a funds transfer to which Article 4A applies if there is an inconsistency between the applicable provision of Article 4A and the federal Act.
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 104A.4108 is hereby amended to read as follows:
104A.4108 [This]
1. Except as otherwise provided in subsection 2, this article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat.
κ2013 Statutes of Nevada, Page 256 (CHAPTER 72, SB 110)κ
Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. §§ 1693 et seq.) as amended from time to time.
2. This article applies to a funds transfer that is a remittance transfer as defined in section 919 of the Electronic Fund Transfer Act, 15 U.S.C. § 1693o-1, as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in section 903 of the Electronic Fund Transfer Act, 15 U.S.C. § 1693a, as amended from time to time.
3. In a funds transfer to which this article applies, in the event of an inconsistency between an applicable provision of this article and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
________
Senate Bill No. 114Senators Roberson and Atkinson
CHAPTER 73
[Approved: May 23, 2013]
AN ACT relating to insurance; revising provisions relating to the filing of rates for insurance with the Commissioner of Insurance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, authorized insurers and certain rate service organizations are required to file with the Commissioner of Insurance all rates and proposed increases thereto, as well as the forms of policies to which the rates apply, certain supplementary information and any changes or amendments to the rates. (NRS 686B.070) Section 1 of this bill requires that any such filing for a change in a rate must include a proposed effective date and must be filed not less than 30 days before that proposed effective date, except that the authorized insurer or rate service organization may request that the Commissioner authorize an earlier effective date than the date proposed.
Existing law requires the Commissioner to take certain actions in determining whether to approve or disapprove a proposed increase or decrease in a rate. The Commissioner is required to approve or disapprove such a proposal not later than 60 days after the Commissioner determines the proposal is complete. (NRS 686B.110) Section 2 of this bill requires the Commissioner to approve or disapprove a proposal not later than 30 days after the Commissioner determines the proposal is complete. Section 2 requires the Commissioner to submit a written notice of disapproval within that 30 days to the insurer or rate service organization that filed the proposal and requires the notice to set forth the reasons the proposal was disapproved. Section 2 also provides that, upon receipt of a written notice of disapproval from the Commissioner, the insurer or rate service organization may request a reconsideration of the proposal and may submit to the Commissioner any documents or other information for review by the Commissioner. Finally, section 2 requires the Commissioner to approve or disapprove the proposal upon reconsideration not later than 30 days after receipt of the request for reconsideration.
κ2013 Statutes of Nevada, Page 257 (CHAPTER 73, SB 114)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 686B.070 is hereby amended to read as follows:
686B.070 1. Every authorized insurer and every rate service organization licensed under NRS 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:
(a) Rates and proposed increases thereto;
(b) Forms of policies to which the rates apply;
(c) Supplementary rate information; and
(d) Changes and amendments thereof,
Κ made by it for use in this state.
2. A filing made pursuant to this section must include a proposed effective date and must be filed not less than 30 days before that proposed effective date, except that a filing for a proposed increase or decrease in a rate may include a request that the Commissioner authorize an effective date that is earlier than the proposed effective date.
3. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of the practitioners professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:
(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.
Κ If the Commissioner determines that a filing includes any such component, the Commissioner shall, pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in part, to the extent that the proposed increase relies upon such a component.
Sec. 2. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with the Commissioner pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 or subsection [2] 3 of NRS 686B.070, the Commissioner shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than [60] 30 days after it is determined by the Commissioner to be complete pursuant to subsection [4.] 6. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.
2. If the Commissioner disapproves a proposed increase or decrease in any rate pursuant to subsection 1, the Commissioner shall send a written notice of disapproval to the insurer or the rate service organization that filed the proposal. The notice must set forth the reasons the proposal is not in compliance with NRS 686B.050 or subsection 3 of NRS 686B.070 and must be sent to the insurer or the rate service organization not more than 30 days after the Commissioner determines that the proposal is complete pursuant to subsection 6.
κ2013 Statutes of Nevada, Page 258 (CHAPTER 73, SB 114)κ
must be sent to the insurer or the rate service organization not more than 30 days after the Commissioner determines that the proposal is complete pursuant to subsection 6.
3. Upon receipt of a written notice of disapproval from the Commissioner pursuant to subsection 2 or 6, the insurer or rate service organization may request that the Commissioner reconsider the proposed increase or decrease. The request for reconsideration must be received by the Commissioner not more than 30 days after the insurer or rate service organization receives the written notice of disapproval from the Commissioner, except that if the insurer or rate service organization requests, in writing, an extension of 30 additional days in which to request a reconsideration, the Commissioner shall grant the extension. A request for reconsideration submitted pursuant to this subsection may include, without limitation, any documents or other information for review by the Commissioner in reconsidering the proposal. The Commissioner shall approve or disapprove the proposal upon reconsideration not later than 30 days after receipt of the request for reconsideration and shall notify the insurer or rate service organization of his or her approval or disapproval.
4. Whenever an insurer has no legally effective rates as a result of the Commissioners disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by the Commissioner. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
[3.] 5. If the Commissioner disapproves a proposed rate pursuant to subsection 1, subsection 6 or upon reconsideration pursuant to subsection 3 and an insurer requests a hearing to determine the validity of the action of the Commissioner, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:
(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or
(b) Within a period agreed upon by the insurer and the Commissioner.
Κ If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the proposed rate for which the hearing is held within 45 days after the hearing, the proposed rate shall be deemed approved.
[4.] 6. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to the Commissioner pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with the Commissioner, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by the Commissioner pursuant to this subsection. The Commissioner shall notify the insurer or rate service organization if the Commissioner determines that the proposal is incomplete. The notice must be sent within 15 business days after the proposal is filed with the Commissioner and must set forth the documents or other information that is required to complete the proposal.
κ2013 Statutes of Nevada, Page 259 (CHAPTER 73, SB 114)κ
is required to complete the proposal. The Commissioner may disapprove the proposal if the insurer or rate service organization fails to provide the documents or other information to the Commissioner within 30 days after the insurer or rate service organization receives the notice that the proposal is incomplete. If the Commissioner disapproves the proposal pursuant to this subsection, the Commissioner shall notify the insurer or rate service organization of that fact in writing.
Sec. 3. NRS 686B.117 is hereby amended to read as follows:
686B.117 If a filing made with the Commissioner pursuant to paragraph (a) of subsection 1 of NRS 686B.070 pertains to insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of the practitioners professional duty toward a patient, any interested person, and any association of persons or organization whose members may be affected, may intervene as a matter of right in any hearing or other proceeding conducted to determine whether the applicable rate or proposed increase thereto:
1. Complies with the standards set forth in NRS 686B.050 and subsection [2] 3 of NRS 686B.070.
2. Should be approved or disapproved.
________
Senate Bill No. 117Senators Smith, Denis, Jones, Kihuen, Parks; Atkinson, Ford, Hardy, Kieckhefer, Manendo, Spearman and Woodhouse
Joint Sponsors: Assemblymen Kirkpatrick, Eisen; and Dondero Loop
CHAPTER 74
[Approved: May 23, 2013]
AN ACT relating to taxation; prohibiting the Department of Taxation from issuing a subpoena to compel the production of books and papers that contain individually identifiable health information; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Taxation to exercise general supervision and control over the entire revenue system of this State. (NRS 360.200) Existing law also authorizes the Department to issue subpoenas to compel the attendance of witnesses and the production of books and papers concerning any subject material to its responsibilities. (NRS 360.240) This bill prohibits the Department from issuing a subpoena to compel the production of books and papers that contain individually identifiable health information.
κ2013 Statutes of Nevada, Page 260 (CHAPTER 74, SB 117)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 360.240 is hereby amended to read as follows:
360.240 1. The Department shall have the power to summon witnesses to appear and testify on any subject material to its responsibilities under this title. No property owner and no officer, director, superintendent, manager or agent of any company or corporation, whose property is wholly in one county, shall be required to appear, without his or her consent, at a place other than the county seat or at the nearest town to his or her place of residence or the principal place of business of such company or corporation.
2. Such summons may be served by personal service by the Executive Director or his or her agent or by the sheriff of the county, who shall certify to such service without compensation therefor.
3. [The] Except as otherwise provided in subsection 4, the Department may issue subpoenas to compel the attendance of witnesses and the production of books and papers and may seek to enforce the subpoenas by petition to any court of competent jurisdiction in the manner provided by law.
4. The Department shall not issue a subpoena to compel the production of books and papers that contain individually identifiable health information.
5. Any member of the Nevada Tax Commission, the Executive Director or any officer of the Department designated by them may administer oaths to witnesses.
6. As used in this section, individually identifiable health information means information which identifies a natural person, or from which the identity of a natural person may reasonably be ascertained, and which relates to:
(a) The past, present or future physical or mental health or condition of the person; or
(b) The provision of health care to the person.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 261κ
Senate Bill No. 122Senator Atkinson
CHAPTER 75
[Approved: May 23, 2013]
AN ACT relating to housing; revising the number of commissioners of a regional authority for housing in certain counties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Housing Authorities Law of 1947 (NRS 315.140-315.7813) authorizes, in a county whose population is 700,000 or more (currently Clark County), the formation of a regional authority by a resolution of the governing body of the county and the governing body of each city and town located within the county that desires to participate in the regional authority. (NRS 315.7805) In Clark County, the Southern Nevada Regional Housing Authority has been so formed by Clark County and the Cities of Las Vegas, Henderson and North Las Vegas.
Existing law requires the appointment of nine persons to serve as commissioners of a regional authority, including one commissioner who serves on behalf of tenants. (NRS 315.7809) Section 1 of this bill increases the number of commissioners of a regional authority to 13 by: (1) increasing from two to three the number of commissioners who are appointed by the governing body of the largest city in the county that participates in the regional authority; and (2) increasing from one to four the number of commissioners who serve on behalf of tenants. Section 1 also provides that the commissioners who serve on behalf of tenants must be appointed, respectively, by the governing bodies of the county and the three largest cities in the county that participate in the regional authority.
Section 3 of this bill requires the governing bodies of Clark County, the City of Las Vegas, the City of Henderson and the City of North Las Vegas to make their respective appointments of commissioners who represent tenants to the Southern Nevada Regional Housing Authority as soon as practicable on or after July 1, 2013. Section 3 further provides for the staggering of the terms of the newly appointed commissioners.
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 315.7809 is hereby amended to read as follows:
315.7809 1. Upon the adoption of a resolution pursuant to NRS 315.7805 forming a regional authority, [nine] 13 persons must be appointed to serve as commissioners of the authority as follows:
(a) The governing body of the county shall appoint two persons to serve as commissioners of the authority;
(b) The governing body of the largest city in the county that participates in the regional authority shall appoint [two] three persons to serve as commissioners of the authority;
(c) The governing body of the second largest city in the county that participates in the regional authority shall appoint two persons to serve as commissioners of the authority;
(d) The governing body of the third largest city in the county that participates in the regional authority shall appoint two persons to serve as commissioners of the authority; and
κ2013 Statutes of Nevada, Page 262 (CHAPTER 75, SB 122)κ
(e) [One commissioner who serves] Four commissioners who serve on behalf of tenants must be selected as described in subsection 3 [.] , including:
(1) One commissioner who serves on behalf of tenants of the county, appointed by the governing body of the county;
(2) One commissioner who serves on behalf of tenants of the largest city in the county that participates in the regional authority, appointed by the governing body of that city;
(3) One commissioner who serves on behalf of tenants of the second largest city in the county that participates in the regional authority, appointed by the governing body of that city; and
(4) One commissioner who serves on behalf of tenants of the third largest city in the county that participates in the regional authority, appointed by the governing body of that city.
Κ None of the persons appointed to serve as commissioners of the authority may be elected officials of any governmental entity.
2. [Six of the commissioners who are first appointed pursuant to subsection 1 must be designated to serve for terms of 1, 2 and 3 years, respectively, from the date of their appointment, and three must be designated to serve for terms of 4 years from the date of their appointment, but thereafter commissioners] Each commissioner must be appointed for a term of office of 4 years. [The persons appointed initially to serve as commissioners pursuant to subsection 1 shall determine by lot whether they are designated pursuant to this subsection to serve for a term of 1 year, 2 years, 3 years or 4 years.]
3. [The] Each commissioner who serves on behalf of tenants must be a current recipient of assistance from the authority who [was] resides in the county or in the city from which he or she is appointed, as applicable, and who is selected from a list of at least five eligible nominees submitted for this purpose by an organization which represents tenants of housing projects [.] in the county or city, as applicable. If no such organization exists, [the] each such commissioner must be selected from a list of nominees submitted for this purpose from persons who currently receive assistance from the authority [.] and who reside in the county or in the city for which the list of nominees is prepared, as applicable. Thereafter, at least [one commissioner] four commissioners must be such [a recipient who was] recipients who were nominated and appointed in the same manner. If, during his or her term, [the] any such commissioner ceases to be a recipient of assistance, the commissioner must be replaced in the manner set forth in this subsection by a person who is a recipient of assistance.
4. In making the appointments described in paragraphs (a) to (d), inclusive, of subsection 1, the relevant local governments shall seek recommendations for appointment from a diverse background of interests with a view toward:
(a) Balancing gender and ethnicity; and
(b) Soliciting appointees who have experience in fields such as, without limitation:
(1) Real estate;
(2) Financial planning;
(3) Legal aid;
(4) Education;
(5) Public safety;
κ2013 Statutes of Nevada, Page 263 (CHAPTER 75, SB 122)κ
(6) The provision of public services; and
(7) The assistance of persons of low income.
5. All vacancies must be filled for the unexpired term.
Sec. 2. Notwithstanding the provisions of NRS 315.7809, the term of the commissioner of the Southern Nevada Regional Housing Authority who represents tenants and who is described in paragraph (e) of subsection 1 of NRS 315.7809 expires on June 30, 2013.
Sec. 2.5. Notwithstanding the provisions of NRS 315.7809, as amended by section 1 of this act, the commissioners of the Southern Nevada Regional Housing Authority described in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 315.7809 who are in office on July 1, 2013, continue to serve until the end of their current terms of office.
Sec. 3. As soon as practicable on or after July 1, 2013:
1. The governing body of the City of Las Vegas shall make the additional appointment to the Southern Nevada Regional Housing Authority described in paragraph (b) of subsection 1 of NRS 315.7809, as amended by section 1 of this act.
2. The governing bodies of Clark County, the City of Las Vegas, the City of Henderson and the City of North Las Vegas shall make their respective appointments to the Southern Nevada Regional Housing Authority described in paragraph (e) of subsection 1 of NRS 315.7809, as amended by section 1 of this act. Notwithstanding the provisions of NRS 315.7809, as amended by section 1 of this act, the persons appointed to serve as commissioners pursuant to this subsection:
(a) Must be designated to serve for initial terms of 1, 2, 3 and 4 years, respectively, from the date of their appointment, but thereafter each commissioner must be appointed for a term of office of 4 years.
(b) Shall determine by lot which appointees are designated pursuant to this subsection to serve for an initial term of 1, 2, 3 or 4 years, respectively.
Sec. 4. 1. This section and section 2 of this act become effective upon passage and approval.
2. Sections 1, 2.5 and 3 of this act become effective on July 1, 2013.
________
Senate Bill No. 127Senator Parks
CHAPTER 76
[Approved: May 23, 2013]
AN ACT relating to employment practices; prohibiting employers from conditioning employment on a consumer credit report or other credit information; providing certain exceptions; providing remedies and administrative penalties; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 264 (CHAPTER 76, SB 127)κ
Legislative Counsels Digest:
Existing law establishes various unlawful employment practices. (Chapter 613 of NRS) Section 7 of this bill prohibits an employer from conditioning the employment of an employee or prospective employee on his or her consumer credit report or other credit information. Section 7 also prohibits an employer from taking certain employment actions based on the refusal of an employee or prospective employee to submit a credit report or other credit information or on the results of such a report or information. Section 7 further prohibits an employer from taking certain employment actions where an employee or prospective employee files a complaint, testifies in any legal proceeding or exercises his or her rights with respect to any violation committed by the employer. Section 7.5 of this bill provides certain exceptions to the preceding prohibitions, including, without limitation, an exception for circumstances in which the information contained in the consumer credit report or other credit information is reasonably related to the position of employment. Section 8 of this bill establishes the civil remedies available to a person affected by a violation committed by an employer, including employment of a prospective employee, reinstatement or promotion of an employee, payment of lost wages and benefits and the award of reasonable costs and attorneys fees. Section 9 of this bill authorizes the Labor Commissioner to impose an administrative penalty against an employer for each violation and to bring a civil action against the employer.
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 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, 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. Consumer credit report means any written, oral or other communication of information by a consumer reporting agency bearing on the credit worthiness, credit standing or credit capacity of a person.
Sec. 4. Consumer reporting agency has the meaning ascribed to it in NRS 686A.640.
Sec. 5. Credit information means any information that is related to credit and derived from a consumer credit report or found on a consumer credit report. The term does not include information that is not related to credit, regardless of whether it is contained in a consumer credit report.
Sec. 6. Employer has the meaning ascribed to it in subsection 1 of NRS 613.440.
Sec. 7. Except as otherwise provided in section 7.5 of this act, it is unlawful for any employer in this State to:
1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment;
2. Use, accept, refer to or inquire concerning a consumer credit report or other credit information;
3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee:
(a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or
κ2013 Statutes of Nevada, Page 265 (CHAPTER 76, SB 127)κ
(b) On the basis of the results of a consumer credit report or other credit information; or
4. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has:
(a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to sections 2 to 9, inclusive, of this act;
(b) Testified or may testify in any legal proceeding instituted pursuant to sections 2 to 9, inclusive, of this act; or
(c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to sections 2 to 9, inclusive, of this act.
Sec. 7.5. An employer may request or consider a consumer credit report or other credit information for the purpose of evaluating an employee or prospective employee for employment, promotion, reassignment or retention as an employee if:
1. The employer is required or authorized, pursuant to state or federal law, to use a consumer credit report or other credit information for that purpose;
2. The employer reasonably believes that the employee or prospective employee has engaged in specific activity which may constitute a violation of state or federal law; or
3. The information contained in the consumer credit report or other credit information is reasonably related to the position for which the employee or prospective employee is being evaluated for employment, promotion, reassignment or retention as an employee. The information in the consumer credit report or other credit information shall be deemed reasonably related to such an evaluation if the duties of the position involve:
(a) The care, custody and handling of, or responsibility for, money, financial accounts, corporate credit or debit cards, or other assets;
(b) Access to trade secrets or other proprietary or confidential information;
(c) Managerial or supervisory responsibility;
(d) The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency;
(e) The care, custody and handling of, or responsibility for, the personal information of another person;
(f) Access to the personal financial information of another person;
(g) Employment with a financial institution that is chartered under state or federal law, including a subsidiary or affiliate of such a financial institution; or
(h) Employment with a licensed gaming establishment, as defined in NRS 463.0169.
Sec. 8. 1. An employer who violates the provisions of sections 2 to 9, inclusive, of this act is liable to the employee or prospective employee affected by the violation. The employer is liable for any legal or equitable relief as may be appropriate, including employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits.
2. An action to recover the liability pursuant to subsection 1 may be maintained against the employer by an employee or prospective employee:
κ2013 Statutes of Nevada, Page 266 (CHAPTER 76, SB 127)κ
(a) For or on behalf of the employee or prospective employee; and
(b) On behalf of other employees or prospective employees similarly situated.
Κ An action must not be commenced pursuant to this section more than 3 years after the date of the alleged violation.
3. In any action brought pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable costs, including attorneys fees.
Sec. 9. 1. If any person violates sections 2 to 9, inclusive, of this act, the Labor Commissioner may impose against the person an administrative penalty of not more than $9,000 for each such violation.
2. In determining the amount of any administrative penalty to be imposed against the person, the Labor Commissioner shall consider the previous record of the person in terms of compliance with sections 2 to 9, inclusive, of this act and the severity of the violation. Any administrative penalty imposed against the person is in addition to any other remedy or penalty provided pursuant to this act.
3. The Labor Commissioner may bring a civil action pursuant to this section to restrain violations of sections 2 to 9, inclusive, of this act. A court of competent jurisdiction may issue, without bond, a temporary or permanent restraining order or injunction to require compliance with sections 2 to 9, inclusive, of this act, including any legal or equitable relief incident thereto as may be appropriate, such as employment of a prospective employee, reinstatement or promotion of an employee, and the payment of lost wages and benefits.
________
Senate Bill No. 130Senators Gustavson; and Cegavske
Joint Sponsor: Assemblywoman Fiore
CHAPTER 77
[Approved: May 23, 2013]
AN ACT relating to common-interest communities; revising provisions governing the imposition of a fine for a violation of the governing documents of an association of a common-interest community; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a homeowners association to impose a fine against a units owner or a tenant or an invitee of a units owner or tenant who violates any provision of the governing documents of the association. Under existing law, before imposing a fine, the association must follow certain procedures, including, without limitation, providing the units owner and, if different, the person against whom the fine will be imposed with: (1) a written notice specifying the details of the violation, the amount of the fine, and the date, time and location of the hearing on the violation; and (2) a reasonable opportunity to contest the violation at the hearing. (NRS 116.31031)
κ2013 Statutes of Nevada, Page 267 (CHAPTER 77, SB 130)κ
This bill requires that the written notice provided to the units owner and, if different, the person against whom the fine will be imposed: (1) specify the alleged violation in detail; (2) specify the proposed action to cure the alleged violation; and (3) under certain circumstances, include a photograph of the alleged violation. This bill further provides that after the person against whom the fine will be imposed is provided the written notice of the alleged violation, he or she must be provided a reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 116.31031 is hereby amended to read as follows:
116.31031 1. Except as otherwise provided in this section, if a units owner or a tenant or an invitee of a units owner or a tenant violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:
(a) Prohibit, for a reasonable time, the units owner or the tenant or the invitee of the units owner or the tenant from:
(1) Voting on matters related to the common-interest community.
(2) Using the common elements. The provisions of this subparagraph do not prohibit the units owner or the tenant or the invitee of the units owner or the tenant from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.
(b) Impose a fine against the units owner or the tenant or the invitee of the units owner or the tenant for each violation, except that:
(1) A fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305; and
(2) A fine may not be imposed against a units owner or a tenant or invitee of a units owner or a tenant for a violation of the governing documents which involves a vehicle and which is committed by a person who is delivering goods to, or performing services for, the units owner or tenant or invitee of the units owner or the tenant.
Κ If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.
κ2013 Statutes of Nevada, Page 268 (CHAPTER 77, SB 130)κ
2. The executive board may not impose a fine pursuant to subsection 1 against a units owner for a violation of any provision of the governing documents of an association committed by an invitee of the units owner or the tenant unless the units owner:
(a) Participated in or authorized the violation;
(b) Had prior notice of the violation; or
(c) Had an opportunity to stop the violation and failed to do so.
3. If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the units owner, a schedule of the fines that may be imposed for those violations.
4. The executive board may not impose a fine pursuant to subsection 1 unless:
(a) Not less than 30 days before the alleged violation, the units owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the alleged violation; and
(b) Within a reasonable time after the discovery of the alleged violation, the units owner and, if different, the person against whom the fine will be imposed has been provided with:
(1) Written notice [specifying the details of] :
(I) Specifying in detail the alleged violation, the proposed action to cure the alleged violation, the amount of the fine, and the date, time and location for a hearing on the alleged violation; and
(II) Providing a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and
(2) A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing.
Κ For the purposes of this subsection, a units owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the units owner.
5. The executive board must schedule the date, time and location for the hearing on the alleged violation so that the units owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.
6. The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the units owner and, if different, the person against whom the fine will be imposed:
(a) Executes a written waiver of the right to the hearing; or
(b) Fails to appear at the hearing after being provided with proper notice of the hearing.
7. If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without providing the opportunity to cure the violation and without the notice and an opportunity to be heard [.]
κ2013 Statutes of Nevada, Page 269 (CHAPTER 77, SB 130)κ
opportunity to cure the violation and without the notice and an opportunity to be heard [.] required by paragraph (b) of subsection 4.
8. If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on alleged violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.
9. A member of the executive board shall not participate in any hearing or cast any vote relating to a fine imposed pursuant to subsection 1 if the member has not paid all assessments which are due to the association by the member. If a member of the executive board:
(a) Participates in a hearing in violation of this subsection, any action taken at the hearing is void.
(b) Casts a vote in violation of this subsection, the vote is void.
10. The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.
11. Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.
12. If requested by a person upon whom a fine was imposed, not later than 60 days after receiving any payment of a fine, an association shall provide to the person upon whom the fine was imposed a statement of the remaining balance owed.
Sec. 2. This act becomes effective on January 1, 2014.
________
Senate Bill No. 136Senator Parks (by request)
CHAPTER 78
[Approved: May 23, 2013]
AN ACT relating to crimes; revising provisions relating to justifiable homicide by a public officer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that homicide committed by a public officer, or a person acting under the command and in aid of the public officer, is justifiable under certain circumstances. (NRS 200.140) This bill provides that homicide by such a person is also justifiable when necessary in protecting against an imminent threat to the life of a person.
κ2013 Statutes of Nevada, Page 270 (CHAPTER 78, SB 136)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 200.140 is hereby amended to read as follows:
200.140 Homicide is justifiable when committed by a public officer, or person acting under the command and in the aid of the public officer, in the following cases:
1. In obedience to the judgment of a competent court.
2. When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.
3. When necessary:
(a) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;
(b) In attempting, by lawful ways or means, to apprehend or arrest a person; [or]
(c) In lawfully suppressing a riot or preserving the peace [.] ; or
(d) In protecting against an imminent threat to the life of a person.
________
Senate Bill No. 140Senator Segerblom
CHAPTER 79
[Approved: May 23, 2013]
AN ACT relating to civil practice; authorizing the attachment of a lien to client files and other property for attorneys fees under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the creation, perfection and attachment of a lien for attorneys fees. Such a lien, commonly known as a charging lien, attaches to any verdict, judgment or decree entered and to any money or property which is recovered on account of a suit or other action for which an attorney rendered services on behalf of his or her client. (NRS 18.015) Common law provides for the attachment of a lien to a clients files or other property left in the possession of the attorney in the event of a dispute over attorneys fees. A fee dispute underlying such a lien, commonly known as a retaining lien, may only be resolved by a court if the client requests that the court extinguish the lien or if the client consents to the courts adjudication of the lien. (Argentena Consol. Mining Co. v. Jolley Urga Wirth Woodbury & Standish, 125 Nev. 527 (2009)) This bill provides for the statutory creation, perfection and attachment of such a retaining lien for attorneys fees. This bill also supersedes Nevada common law by providing that the rights under such a lien may be adjudicated by a court at the request of the attorney having the lien or any other party who has been served with notice of the lien, rather than only by request of the client whose files have been retained under the lien. Finally, this bill revises the provisions relating to the notice requirements for perfecting a lien.
κ2013 Statutes of Nevada, Page 271 (CHAPTER 79, SB 140)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 18.015 is hereby amended to read as follows:
18.015 1. An attorney at law shall have a lien [upon any] :
(a) Upon any claim, demand or cause of action, including any claim for unliquidated damages, which has been placed in the attorneys hands by a client for suit or collection, or upon which a suit or other action has been instituted. [The]
(b) In any civil action, upon any file or other property properly left in the possession of the attorney by a client.
2. A lien pursuant to subsection 1 is for the amount of any fee which has been agreed upon by the attorney and client. In the absence of an agreement, the lien is for a reasonable fee for the services which the attorney has rendered for the client . [on account of the suit, claim, demand or action.
2.] 3. An attorney perfects [the] a lien described in subsection 1 by serving notice in writing, in person or by certified mail, return receipt requested, upon his or her client and , if applicable, upon the party against whom the client has a cause of action, claiming the lien and stating the [interest which the attorney has in any cause of action.
3. The] amount of the lien.
4. A lien pursuant to:
(a) Paragraph (a) of subsection 1 attaches to any verdict, judgment or decree entered and to any money or property which is recovered on account of the suit or other action [,] ; and
(b) Paragraph (b) of subsection 1 attaches to any file or other property properly left in the possession of the attorney by his or her client, including, without limitation, copies of the attorneys file if the original documents received from the client have been returned to the client, and authorizes the attorney to retain any such file or property until such time as an adjudication is made pursuant to subsection 6,
Κ from the time of service of the notices required by this section.
[4.] 5. A lien pursuant to paragraph (b) of subsection 1 must not be construed as inconsistent with the attorneys professional responsibilities to the client.
6. On motion filed by an attorney having a lien under this section, the attorneys client or any party who has been served with notice of the lien, the court shall, after 5 days notice to all interested parties, adjudicate the rights of the attorney, client or other parties and enforce the lien.
[5.] 7. Collection of attorneys fees by a lien under this section may be utilized with, after or independently of any other method of collection.
Sec. 2. The amendatory provisions of this act apply to any fee for the services of an attorney incurred by a client for services rendered before, on or after July 1, 2013.
Sec. 3. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 272κ
Senate Bill No. 148Senator Parks
CHAPTER 80
[Approved: May 23, 2013]
AN ACT relating to air pollution; revising provisions governing the Pollution Control Account; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Pollution Control Account, which is funded with certain fees collected from each authorized inspection station, authorized maintenance station, authorized station and fleet station. The money in the Pollution Control Account is distributed quarterly to local governmental agencies in nonattainment or maintenance areas for certain air pollutants in an amount equal to one-sixth of the amount received for certain forms distributed in each county. The remaining money in the Pollution Control Account in excess of $1,000,000 is awarded in grants to local governmental agencies in nonattainment or maintenance areas for certain air pollutants for programs related to the improvement of the quality of the air. (NRS 445B.830) This bill eliminates the program of grants and requires instead that the money in the Pollution Control Account be distributed quarterly to local air pollution control agencies in nonattainment or maintenance areas for certain air pollutants in an amount equal to one-sixth of the amount received for certain forms distributed in each county. This bill requires that the remaining money in the Pollution Control Account in excess of $1,000,000 be distributed to local air pollution control agencies in nonattainment or maintenance areas for certain air pollutants for programs related to the improvement of the quality of the air in proportion to the number of certain forms issued in each county.
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 445B.830 is hereby amended to read as follows:
445B.830 1. In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:
(a) For the issuance and annual renewal of a license for an authorized inspection station, authorized maintenance station, authorized station or fleet station...................................................................... $25
(b) For each set of 25 forms certifying emission control compliance.. 150
(c) For each form issued to a fleet station..................................................... 6
2. Except as otherwise provided in [subsections] subsection 6, [7 and 8,] and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.
κ2013 Statutes of Nevada, Page 273 (CHAPTER 80, SB 148)κ
(b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local [governmental] air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.
4. The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local [governmental] air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.
5. Each local [governmental] air pollution control agency that receives money pursuant to [subsection] subsections 4 and 6 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.
6. The Department of Motor Vehicles shall [by regulation establish a program to award grants of] make annual distributions of excess money in the Pollution Control Account to local [governmental] air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. [The grants to agencies in a county pursuant to this subsection must be made from any excess money in the Pollution Control Account.] The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1. As used in this subsection, excess money means the money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection 4 and any disbursements made from the Account pursuant to subsection 2.
7. [Any regulations adopted pursuant to subsection 6 must] The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) [Review applications for grants and make recommendations for their approval, rejection or modification;
κ2013 Statutes of Nevada, Page 274 (CHAPTER 80, SB 148)κ
(b)] Establish goals and objectives for the program for control of emissions from motor vehicles;
[(c)] (b) Identify areas where funding should be made available; and
[(d)] (c) Review and make recommendations concerning regulations adopted pursuant to [subsection 6 or] NRS 445B.770.
[8. Grants proposed pursuant to subsections 6 and 7 must be submitted to the appropriate deputy director of the Department of Motor Vehicles and the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources. Proposed grants approved by the appropriate deputy director and the Administrator must not be awarded until approved by the Interim Finance Committee.]
Sec. 2. This act becomes effective on July 1, 2013.
________
Senate Bill No. 153Senator Parks (by request)
CHAPTER 81
[Approved: May 23, 2013]
AN ACT relating to occupational therapy; providing that occupational therapists are providers of health care for certain purposes; revising the qualifications for a license as an occupational therapist or occupational therapy assistant; revising provisions governing the examinations required for licensing as an occupational therapist or occupational therapy assistant; revising the circumstances in which the Board of Occupational Therapy may issue a license as an occupational therapist or occupational therapy assistant or a temporary license without examination; revising provisions governing the period for which a license is valid; removing the requirement that a licensed occupational therapist directly supervise certain persons; requiring the Board to adopt regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill includes an occupational therapist within the term provider of health care to make occupational therapists subject to the same provisions governing health care records and certain other matters as other providers of health care such as doctors, nurses, pharmacists and registered physical therapists.
Existing law provides for the licensure and regulation by the Board of Occupational Therapy of occupational therapists and occupational therapy assistants. (Chapter 640A of NRS) Section 2 of this bill revises the definition of the term occupational therapy. Section 3 of this bill, by deleting an existing exemption, makes the provisions of existing law governing occupational therapy applicable to certain persons practicing occupational therapy in this State in association with a licensed occupational therapist.
Section 4 of this bill provides that the Board must hold its meetings at the times specified by a call of the Chair. Section 5 of this bill provides that the Board may employ an Executive Director, establish his or her duties and fix his or her salary. Section 6 of this bill revises the duties of the Board to include the investigation of any complaint filed with the Board against a licensee and authorizes the Board to transact any business necessary to enable the Board to carry out its duties.
κ2013 Statutes of Nevada, Page 275 (CHAPTER 81, SB 153)κ
Section 7 of this bill provides that an applicant for a license as an occupational therapist or occupational therapy assistant must complete supervised fieldwork experience and revises from 8 weeks to 16 weeks the required number of weeks of such experience for an applicant for licensing as an occupational therapy assistant. Section 9 of this bill revises the qualifications of a person to whom the Board may issue, without examination, a license as an occupational therapist or occupational therapy assistant. Section 10 of this bill provides that the Board may issue, without examination, a temporary license to a person who satisfies certain requirements and who: (1) is certified by the National Board for Certification in Occupational Therapy and is licensed as an occupational therapist or occupational therapy assistant in good standing in another state; or (2) has not achieved a passing score on the examination required for licensure.
Section 11 of this bill requires the Board to adopt regulations prescribing the period of validity of licenses issued by the Board and provides that the period must be at least 1 year. Section 11 also provides that the Board may reinstate an expired license, unless 5 years have passed since the license expired. Section 13 of this bill removes the requirement that a licensed occupational therapist directly supervise the work of any person who assists him or her as an aide or technician.
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 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. Provider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, occupational therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, music therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist, licensed dietitian or a licensed hospital as the employer of any such person.
2. For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.
Sec. 2. NRS 640A.050 is hereby amended to read as follows:
640A.050 Occupational therapy means the [application of purposeful activity in the evaluation, teaching and treatment,] use of evaluations, teachings and interventions to facilitate the activities of daily living of a client in groups or on an individual basis [, of patients who are handicapped by age, physical injury or illness, psychosocial dysfunction, developmental or learning disability, poverty or aspects of culture, to increase their independence, alleviate their disability and maintain their health.] to enable the client to participate in and perform activities of daily living in various settings, including, without limitation, at home, at school, in the workplace and in the community. The term includes:
1. Providing services for habilitation, rehabilitation and the promotion of health and wellness to a client;
2. Assisting a client in achieving the highest practicable physical, cognitive and psychosocial well-being to improve the physical and mental health of the client and the quality of life of the client;
3. Teaching [patients] a client skills for daily living;
κ2013 Statutes of Nevada, Page 276 (CHAPTER 81, SB 153)κ
[2.] 4. Assisting [patients] a client in the development of cognitive and perceptual motor skills, and in the integration of sensory functions;
[3.] 5. Assisting [patients] a client in learning to play and to use [their] his or her leisure time constructively;
[4.] 6. Assisting [patients] a client in developing functional skills necessary to be considered for employment;
[5.] 7. Assessing the need for, designing, constructing and training [patients] a client in the use and application of selected orthotic devices and adaptive equipment;
[6.] 8. Assessing the need for prosthetic devices for the upper body and training [patients] a client in the functional use of prosthetic devices;
[7.] 9. Teaching [patients] a client crafts and exercises designed to enhance [their] his or her ability to function normally;
[8.] 10. Administering to [patients] a client manual tests of [their] his or her muscles and range of motion, and interpreting the results of those tests;
[9.] 11. Incorporating into the treatment of [patients] a client the safe and appropriate use of physical [therapeutic] agent modalities and techniques which have been acquired through an appropriate program of education approved by the Board pursuant to subsection 2 of NRS 640A.120, or through a program of continuing education or higher education; and
[10.] 12. Adapting the environment of [patients] a client to reduce the effects of handicaps.
Sec. 3. NRS 640A.070 is hereby amended to read as follows:
640A.070 This chapter does not apply to a person:
1. Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640 or 640B to 641B, inclusive, of NRS, who practices within the scope of that license or certificate.
2. Employed by the Federal Government who practices occupational therapy within the scope of that employment.
3. Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.
4. Obtaining the supervised fieldwork experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.
[5. Practicing occupational therapy in this State in association with an occupational therapist licensed pursuant to this chapter if the person:
(a) Practices in this State for not more than 45 days in a calendar year;
(b) Is licensed to practice occupational therapy in another state where the requirements for such a license are equivalent to the requirements of this chapter; and
(c) Meets the requirements for certification as an occupational therapist registered or certified occupational therapy assistant established by the American Occupational Therapy Certification Board.]
Sec. 4. NRS 640A.090 is hereby amended to read as follows:
640A.090 1. The Board shall:
(a) Hold at least two meetings a year [, the first of which must be held in January. Other meetings may be held] at the call of the Chair or upon the written request of two or more members.
(b) Elect a Chair at the first regular meeting [in January] of each year.
(c) Comply with the provisions of chapter 241 of NRS.
κ2013 Statutes of Nevada, Page 277 (CHAPTER 81, SB 153)κ
2. A majority of the members of the Board constitutes a quorum.
Sec. 5. NRS 640A.100 is hereby amended to read as follows:
640A.100 1. The members of the Board serve without compensation, except that while engaged in the business of the Board, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
2. The Board may employ an Executive [Secretary] Director and any other employees it deems necessary, establish their duties and fix their salaries.
3. The expenses of the Board and members of the Board, and the salaries of its employees, must be paid from the fees received by the Board pursuant to this chapter, and no part of those expenses and salaries may be paid out of the State General Fund.
Sec. 6. NRS 640A.110 is hereby amended to read as follows:
640A.110 1. The Board shall:
[1.] (a) Enforce the provisions of this chapter [;
2. Maintain] and any regulations adopted pursuant thereto;
(b) Prepare and maintain a record of its proceedings [;
3.] , including, without limitation, any administrative proceedings;
(c) Evaluate the qualifications and determine the eligibility of an applicant for a license as an occupational therapist or occupational therapy assistant and, upon payment of the appropriate fee, issue the appropriate license to a qualified applicant;
[4.] (d) Adopt regulations establishing standards of practice for persons licensed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter; [and
5.] (e) Require a person licensed pursuant to this chapter to submit to the Board such documentation [or perform such practical demonstrations] as the Board deems necessary to determine whether the licensee has acquired the skills necessary to perform physical [therapeutic] agent modalities [.] ; and
(f) Investigate any complaint filed with the Board against a licensee.
2. The Board may transact any other business necessary to enable the Board to carry out its duties pursuant to this chapter.
Sec. 7. NRS 640A.120 is hereby amended to read as follows:
640A.120 To be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:
1. Be a natural person of good moral character.
2. Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board. The Board shall not approve an educational program designed to qualify a person to practice as [:
(a) An] an occupational therapist [unless the program is accredited by the Commission on Accreditation of Allied Health Education Programs of the American Medical Association in collaboration with the American Occupational Therapy Association.
(b) An] or an occupational therapy assistant unless the program is [approved] accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association [.] , Inc., or its successor organization.
3. Except as otherwise provided in NRS 640A.130, have successfully completed:
κ2013 Statutes of Nevada, Page 278 (CHAPTER 81, SB 153)κ
(a) If the application is for licensing as an occupational therapist, 24 weeks; or
(b) If the application is for licensing as an occupational therapy assistant, [8] 16 weeks,
Κ of supervised fieldwork experience approved by the Board. The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association , Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.
4. Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved by the Board.
Sec. 8. NRS 640A.150 is hereby amended to read as follows:
640A.150 1. The Board shall:
(a) Approve an examination for licensing as an occupational therapist and an examination for licensing as an occupational therapy assistant; and
(b) Establish the requirements to pass each examination . [;
(c) Offer each examination at least twice each year at such places and under such conditions as it determines; and
(d) Provide reasonable public notice of the time and place of each examination.]
2. Each examination must be in writing and be designed to test an applicants knowledge of:
(a) The basic and clinical sciences relating to occupational therapy;
(b) The techniques and methods of occupational therapy; and
(c) Any other subjects the Board requires to determine the fitness of an applicant to practice occupational therapy.
3. A person who has satisfied the requirements of NRS 640A.140 may take the appropriate examination for licensing. [An applicant who fails the examination may retake the examination no more than twice.]
Sec. 9. NRS 640A.160 is hereby amended to read as follows:
640A.160 The Board may issue, without examination, a license as an occupational therapist or occupational therapy assistant to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120 and who is [:
1. Certified after June 18, 1991, by the American Occupational Therapy Certification Board, if the Board of Occupational Therapy determines that the requirements to obtain that certification are equivalent to the requirements for licensing pursuant to this chapter.
2. Licensed as an occupational therapist or occupational therapy assistant in another state or territory of the United States, if the Board determines that the requirements to obtain that license are equivalent to the requirements for licensing pursuant to this chapter.] certified by the National Board for Certification in Occupational Therapy or its successor organization.
Sec. 10. NRS 640A.170 is hereby amended to read as follows:
640A.170 1. The Board may issue, without examination, a temporary license to a person who has the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120 [. A temporary license:] and who:
(a) [Authorizes] Is certified by the National Board for Certification in Occupational Therapy or its successor organization and is licensed as an occupational therapist or occupational therapy assistant in good standing in another state; or
κ2013 Statutes of Nevada, Page 279 (CHAPTER 81, SB 153)κ
(b) Has not achieved the passing score on the examination approved pursuant to NRS 640A.150. A temporary license issued pursuant to this paragraph authorizes the person to whom it is issued to practice occupational therapy only under the general supervision of an occupational therapist licensed pursuant to this chapter . [; and
(b) Is]
2. A temporary license issued pursuant to subsection 1 is valid for 6 months or until the person to whom it is issued otherwise obtains a license pursuant to this chapter, whichever occurs first.
[2.] 3. The Board may renew a temporary license [no] not more than once and may revoke a temporary license for any of the grounds set forth in NRS 640A.200.
Sec. 11. NRS 640A.180 is hereby amended to read as follows:
640A.180 1. The Board shall adopt regulations prescribing the period for which a license issued pursuant to the provisions of this chapter is valid. Except as otherwise provided in NRS 640A.170, the period must be not less than 1 year.
2. The Board may adopt regulations prescribing the manner in which a license issued pursuant to this chapter [expires annually unless] must be renewed , [in the manner established pursuant to the regulations of the Board,] which may include requirements for continuing education.
[2.] 3. The Board may adopt regulations providing for the late renewal of a license [,] and the reinstatement of an expired license, except that the Board may not renew or reinstate a license if 5 years have passed since its expiration.
[3.] 4. The Board may, at the request of a person licensed pursuant to this chapter, place the license on inactive status if the person:
(a) Does not practice occupational therapy, or represent that the person is authorized to practice occupational therapy, in this State; and
(b) Satisfies any requirements for continuing education established by the Board.
Sec. 12. NRS 640A.190 is hereby amended to read as follows:
640A.190 1. The Board may by regulation establish reasonable fees for:
(a) The examination of an applicant for a license;
(b) The initial issuance of a license;
(c) The issuance of a temporary license;
(d) The [annual] renewal of a license; and
(e) The late renewal of a license.
2. The fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.
Sec. 13. NRS 640A.230 is hereby amended to read as follows:
640A.230 [1.] Except as otherwise provided in NRS 629.091, a person shall not practice occupational therapy, or represent that he or she is authorized to practice occupational therapy, in this state unless he or she holds a current license issued pursuant to this chapter.
[2. A licensed occupational therapist shall directly supervise the work of any person who assists him or her as an aide or technician.
3.] A person who violates [any provision of] this section is guilty of a misdemeanor.
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κ2013 Statutes of Nevada, Page 280κ
Senate Bill No. 154Senator Manendo
CHAPTER 82
[Approved: May 23, 2013]
AN ACT relating to manufactured home parks; revising the provisions requiring certain maintenance to be performed by the landlord of a manufactured home park; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the landlord of a manufactured home park to perform certain maintenance, including the maintenance of all common areas of the park in a clean and safe condition. (NRS 118B.090) This bill: (1) provides that such maintenance of common areas includes maintaining, in good working order, any utility service apparatus located on each manufactured home lot; and (2) requires any maintenance to a utility service apparatus to be performed by a person who is properly licensed.
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 118B.090 is hereby amended to read as follows:
118B.090 1. The landlord shall:
[1.] (a) Maintain all common areas of the park in a clean and safe condition;
[2.] (b) Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which the landlord furnishes;
[3.] (c) Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants;
[4.] (d) Maintain all driveways within the park and sidewalks adjacent to the street; and
[5.] (e) Remove snow from the sidewalks and streets within the park, and from sidewalks adjacent to the street.
2. Except as otherwise provided in this subsection, the maintenance required by paragraph (a) of subsection 1 includes maintaining, in good working order, any aboveground or underground utility service apparatus located on each manufactured home lot, up to the disconnection point, which is not an appurtenance of the manufactured home. Maintenance is not required on any such apparatus that has been damaged by the tenant of the manufactured home lot.
3. Any maintenance to a utility service apparatus, as described in subsection 2, may be performed legally only by a person who is qualified by licensure to perform such maintenance, and:
(a) A person shall not perform the maintenance unless the person has such qualifications; and
(b) The landlord, or his or her agent or employee, shall not employ a third party to perform the maintenance if he or she knows, or in light of all of the surrounding facts and circumstances reasonably should know, that the third party does not have such qualifications.
κ2013 Statutes of Nevada, Page 281 (CHAPTER 82, SB 154)κ
of the surrounding facts and circumstances reasonably should know, that the third party does not have such qualifications.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 157Senators Hutchison, Woodhouse; Brower, Cegavske and Settelmeyer
Joint Sponsors: Assemblymen Fiore; Paul Anderson, Duncan and Stewart
CHAPTER 83
[Approved: May 23, 2013]
AN ACT relating to education; requiring the board of trustees of each school district to establish criteria for determining certain budgetary priorities; requiring the superintendent of schools of the school district to use the criteria in preparing the budget of the school district; requiring that the expenditures of each school district be prioritized to ensure that the budgetary priorities are carried out; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of trustees of each school district to prepare a budget of the amounts of money estimated to be necessary to pay the expenses of conducting the public business of the school district. (NRS 387.300) Section 1 of this bill requires the board of trustees of each school district to establish criteria for determining budgetary priorities that are directed at improving the achievement of pupils and improving classroom instruction. Section 1 also requires the superintendent of schools of the school district to use such criteria in preparing the budget of the school district. Section 2 of this bill provides that the expenditures of a school district must be prioritized in a manner which ensures that the budgetary priorities determined pursuant to section 1 are carried out.
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 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Within the limits prescribed by law, the board of trustees of each school district shall establish criteria for determining budgetary priorities that are directed at improving the achievement of pupils and improving classroom instruction.
2. The superintendent of schools of the school district shall use the criteria established pursuant to subsection 1 in making recommendations to the board of trustees regarding the budget of the school district.
Sec. 2. NRS 387.205 is hereby amended to read as follows:
387.205 1. Subject to the limitations set forth in NRS 387.206 and 387.207, and the provisions of subsection 3, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
κ2013 Statutes of Nevada, Page 282 (CHAPTER 83, SB 157)κ
school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the Superintendent of Public Instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
(h) Repayment of a loan made from the State Permanent School Fund pursuant to NRS 387.526.
(i) Programs of education and projects relating to air quality pursuant to NRS 445B.500.
2. Subject to the limitations set forth in NRS 387.206 and 387.207, money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
3. The board of trustees of a school district, in allocating the use of money pursuant to this section, shall prioritize expenditures in a manner which ensures that the budgetary priorities determined pursuant to section 1 of this act are carried out.
Sec. 3. This act becomes effective on July 1, 2013.
________
Senate Bill No. 158Senators Settelmeyer, Gustavson; Hardy and Manendo
Joint Sponsors: Assemblymen Paul Anderson, Hambrick, Hardy, Hogan and Kirner
CHAPTER 84
[Approved: May 23, 2013]
AN ACT relating to motor carriers; providing that certain agreements entered into in connection with a contract concerning motor carrier transportation are against public policy, void and unenforceable under certain circumstances; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 283 (CHAPTER 84, SB 158)κ
Legislative Counsels Digest:
Section 1 of this bill provides, with certain exceptions, that an agreement entered into in connection with a contract concerning motor carrier transportation is against public policy, void and unenforceable to the extent that it requires one party to the agreement to indemnify, defend or hold harmless another party against liability for loss or damage resulting from the negligent or intentional acts or omissions of the latter party and any agent, employee or independent contractor who is directly responsible to the latter party. That provision does not apply to a contract concerning motor carrier transportation if the party to be indemnified, defended or held harmless is a motor carrier. In addition, that provision does not apply to an agreement that provides for the interchange, use or possession of certain intermodal equipment, such as freight containers that are transported sequentially by truck and rail.
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 706 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section and notwithstanding any other provision of law, a provision, clause, covenant or other agreement contained in, collateral to or affecting a contract concerning motor carrier transportation that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, a promisee from or against any liability for loss or damage resulting from the negligent or intentional acts or omissions of the promisee is against the public policy of this State and is void and unenforceable.
2. This section does not apply to agreements, including, without limitation, the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, providing for the interchange, use or possession of intermodal chassis or other intermodal equipment.
3. As used in this section:
(a) Contract concerning motor carrier transportation means a contract, agreement or understanding covering:
(1) The transportation of property for compensation or hire by a motor carrier;
(2) The entrance onto property by a motor carrier for the purpose of loading, unloading or transporting property for compensation or hire; or
(3) A service incidental to the activity described in subparagraph (1) or (2), including, without limitation, storage of property.
(b) Promisee means a party to a contract concerning motor carrier transportation with a promisor and any agent, employee or independent contractor of the promisee, or of any other person, who is directly responsible to the promisee. The term does not include a motor carrier that is a party to a contract concerning motor carrier transportation with a promisee and any agent, employee or independent contractor of the motor carrier who is directly responsible to the motor carrier.
κ2013 Statutes of Nevada, Page 284 (CHAPTER 84, SB 158)κ
Sec. 2. NRS 706.011 is hereby amended to read as follows:
706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 706.158 is hereby amended to read as follows:
706.158 The provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act relating to brokers do not apply to any person whom the Authority determines is:
1. A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;
2. A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or
3. A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.
Sec. 4. NRS 706.163 is hereby amended to read as follows:
706.163 The provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act do not apply to vehicles leased to or owned by:
1. The Federal Government or any instrumentality thereof.
2. Any state or a political subdivision thereof.
Sec. 5. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act do not apply to:
(a) The transportation by a contractor licensed by the State Contractors Board of the contractors own equipment in the contractors own vehicles from job to job.
(b) Any person engaged in transporting the persons own personal effects in the persons own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
(f) A private motor carrier of property which is used to attend livestock shows and sales.
(g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.
2. Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:
κ2013 Statutes of Nevada, Page 285 (CHAPTER 84, SB 158)κ
(a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.
(b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.
(c) All standards adopted by regulation pursuant to NRS 706.173.
3. The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:
(a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers permits and to regulate rates, routes and services apply only to fully regulated carriers.
(b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.
4. Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the persons actual operation as prescribed in this chapter, computed from the date when that operation began.
5. As used in this section, private school means a nonprofit private elementary or secondary educational institution that is licensed in this State.
Sec. 6. This act does not apply to a contract concerning motor carrier transportation, as defined in section 1 of this act, entered into before October 1, 2013.
________
Senate Bill No. 159Senators Jones, Kihuen, Hutchison, Smith, Parks; Denis, Ford, Goicoechea, Hammond, Manendo, Segerblom, Spearman and Woodhouse
Joint Sponsors: Assemblymen Oscarson, Bobzien, Swank, Elliot Anderson; Dondero Loop, Flores, Healey, Martin, Ohrenschall and Pierce
CHAPTER 85
[Approved: May 23, 2013]
AN ACT relating to the Red Rock Canyon National Conservation Area; declaring the Legislatures support for a land exchange near the Red Rock Canyon National Conservation area; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill declares the Legislatures support for efforts to achieve a land exchange of the Gypsum Mine, which is bounded in part by the Red Rock Canyon National Conservation Area, property for federal land. This bill also urges the Nevada Congressional Delegation to support and facilitate efforts to achieve a land exchange. Finally, this bill declares the Legislatures support for the transfer of title for the Gypsum Mine property to the federal Bureau of Land Management to be managed as part of the Red Rock Canyon National Conservation Area.
κ2013 Statutes of Nevada, Page 286 (CHAPTER 85, SB 159)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Red Rock Canyon National Conservation Area is a natural wonder within the State of Nevada and an area of unique beauty, scenery and recreational interest; and
Whereas, The Gypsum Mine property on Blue Diamond Hill consists of over 3,000 acres of land that is bounded on the north, west, south and portions of the east by the Red Rock Canyon National Conservation Area; and
Whereas, The elevation within the Gypsum Mine property reaches approximately 4,950 feet above sea level at its highest point and generally slopes toward the Red Rock Canyon National Conservation Area; and
Whereas, Portions of the Gypsum Mine property are visible from locations within the Red Rock Canyon National Conservation Area; and
Whereas, The Blue Diamond Cholla is found on undisturbed portions of the Gypsum Mine property; and
Whereas, The Gypsum Mine property contains a uniquely high concentration of biological diversity representing the entire Mojave Desert with at least 15 documented species of cacti and succulents; and
Whereas, The unincorporated town of Blue Diamond is located approximately 1 mile from the southernmost portion of the Gypsum Mine property; and
Whereas, There is strong and vocal opposition to commercial and suburban residential development of the Gypsum Mine property and contentions that such development of the Gypsum Mine property may adversely impact the beauty and serenity of the adjacent Red Rock Canyon National Conservation Area and the quiet enjoyment of the nearby town of Blue Diamond; and
Whereas, Land exchanges are an essential tool to secure the objectives of resource management, enhancement and protection, to meet the needs of the communities and to fulfill other public needs; and
Whereas, The exploration of the full range of possibilities available to exchange the Gypsum Mine property for federal lands of equal value located away from the Red Rock Canyon National Conservation Area promotes the public interest; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-5. (Deleted by amendment.)
Sec. 5.3. The Legislature hereby finds and declares its support for efforts to evaluate and consider the full range of options available to achieve a land exchange of the Gypsum Mine property for federal land.
Sec. 5.6. The Legislature urges the Nevada Congressional Delegation to support and facilitate efforts to evaluate and achieve such a land exchange.
Sec. 5.9. If a land exchange is achieved, the Legislature supports the transfer of title for the Gypsum Mine property to the Bureau of Land Management to be managed as part of the Red Rock Canyon National Conservation Area.
Sec. 6. This act becomes effective upon passage and approval.
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κ2013 Statutes of Nevada, Page 287κ
Senate Bill No. 163Senators Cegavske, Hammond, Hutchison, Woodhouse, Denis; Ford, Goicoechea, Gustavson, Hardy, Jones, Kihuen, Manendo, Roberson, Segerblom and Settelmeyer
Joint Sponsors: Assemblymen Hardy; and Grady
CHAPTER 86
[Approved: May 23, 2013]
AN ACT relating to education; requiring elementary and secondary educational institutions to provide pupils with instruction in civics as part of the required instruction in American government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law designates the academic subjects and courses of study which must be taught in both public and private elementary and secondary educational institutions, including charter schools, in this State. (NRS 386.550, 389.018-389.180, 394.130) This bill requires such institutions to provide pupils with instruction in civics as part of the required instruction in American government.
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 389.020 is hereby amended to read as follows:
389.020 1. In all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS, instruction must be given in American government, including, without limitation, [the:] instruction on:
(a) [Essentials] The essentials of : [the:]
(1) The Constitution of the United States, including, without limitation, the Bill of Rights;
(2) The Constitution of the State of Nevada; and
(3) The Declaration of Independence;
(b) [Origin] The origin and history of the Constitutions; [and]
(c) [Study] The study of and devotion to American institutions and ideals [.] ; and
(d) Civics.
2. Except as otherwise provided in NRS 392A.100, the instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.
Sec. 2. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 288κ
Senate Bill No. 175Committee on Transportation
CHAPTER 87
[Approved: May 23, 2013]
AN ACT relating to public safety; revising the manner in which a chemical solution or gas used in calibrating a device for testing a persons breath to determine the concentration of alcohol in the persons breath is presumed to be properly prepared and suitable for use in calibrating the device; revising provisions concerning the affidavit or declaration used in criminal or administrative proceedings to prove that a chemical solution or gas has the chemical composition necessary for accurately calibrating such a device; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a chemical solution or gas used in calibrating a device for testing a persons breath to determine the concentration of alcohol in his or her breath is presumed to be properly prepared and suitable for use in calibrating the device if: (1) a manufacturer or technician in a laboratory prepares the chemical solution or gas; and (2) the technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device. (NRS 484C.190, 488.510) Existing law further provides that the affidavit or declaration of the person who prepared the chemical solution or gas is admissible in a criminal or administrative proceeding to prove that the solution or gas has the chemical composition necessary for accurately calibrating the device. (NRS 50.315)
This bill revises provisions governing the manner in which a chemical solution or gas is determined to have the chemical composition necessary for accurately calibrating, or verifying the calibration of, a device for testing a persons breath to determine the concentration of alcohol in his or her breath. Rather than requiring an affidavit or declaration by the person who prepares the chemical solution or gas, sections 1 and 2 of this bill provide that the chemical solution or gas used in calibrating, or verifying the calibration of, a device is presumed to be properly prepared and suitable for use in calibrating, or verifying the calibration of, a device if a person who is certified to calibrate a device by the Director of the Department of Public Safety under existing law and regulations: (1) examines the chemical solution or gas; (2) confirms the concentration of alcohol contained in the chemical solution or gas; and (3) makes an affidavit or declaration which identifies the concentration of alcohol in the chemical solution or gas and which states that the chemical solution or gas has the chemical composition that is necessary for use in accurately calibrating, or verifying the calibration of, a device. Under section 3 of this bill, the affidavit or declaration of the person who examined the chemical solution or gas is admissible in a criminal or administrative proceeding to prove that the chemical solution or gas has the chemical composition necessary for accurately calibrating, or verifying the calibration of, a device. Section 4 of this bill provides that the amendatory provisions of this bill do not affect tests to determine the concentration of alcohol in a persons breath that are performed before the effective date of this bill.
κ2013 Statutes of Nevada, Page 289 (CHAPTER 87, SB 175)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 484C.190 is hereby amended to read as follows:
484C.190 If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating , or to verify the calibration of, a device for testing a persons breath to determine the concentration of alcohol in his or her breath; and
2. [The technician] A person who is certified pursuant to NRS 484C.620 examines the solution or gas, confirms the concentration of alcohol contained in the solution or gas, and makes an affidavit or declaration that identifies the concentration of alcohol contained in the solution or gas and states that the solution or gas has the chemical composition that is necessary for use in accurately calibrating , or verifying the calibration of, the device,
Κ it is presumed that the solution or gas has been properly prepared and is suitable for use in calibrating , or verifying the calibration of, the device.
Sec. 2. NRS 488.510 is hereby amended to read as follows:
488.510 If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating , or to verify the calibration of, a device for testing a persons breath to determine the concentration of alcohol in his or her breath; and
2. [The technician] A person who is certified pursuant to NRS 484C.620 examines the solution or gas, confirms the concentration of alcohol contained in the solution or gas and makes an affidavit or declaration that identifies the concentration of alcohol contained in the solution or gas and states that the solution or gas has the chemical composition that is necessary for use in accurately calibrating , or verifying the calibration of, the device,
Κ it is presumed that the solution or gas has been properly prepared and is suitable for use in calibrating , or verifying the calibration of, the device.
Sec. 3. NRS 50.315 is hereby amended to read as follows:
50.315 1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That the affiant or declarant has been certified by the Director of the Department of Public Safety as being competent to operate devices of a type certified by the Committee on Testing for Intoxication as accurate and reliable for testing a persons breath to determine the concentration of alcohol in his or her breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who has examined a prepared [a] chemical solution or gas that has been used in calibrating , or verifying the calibration of, a device for testing anothers breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:
κ2013 Statutes of Nevada, Page 290 (CHAPTER 87, SB 175)κ
or gas that has been used in calibrating , or verifying the calibration of, a device for testing anothers breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant; and
(b) That the solution or gas has the chemical composition necessary for use in accurately calibrating [it.] , or verifying the calibration of, the device.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing anothers breath to determine the concentration of alcohol in his or her breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the Committee on Testing for Intoxication;
(c) That the calibration was performed within the period required by the Committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his or her sole custody or control and in substantially the same condition as when he or she first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance may be admitted in any criminal or civil or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his or her sole custody or control in substantially the same condition as when he or she first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
κ2013 Statutes of Nevada, Page 291 (CHAPTER 87, SB 175)κ
Κ the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify to any information contained in the affidavit or declaration.
8. The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 4. The amendatory provisions of this act do not apply to a test of a persons breath to determine the concentration of alcohol in his or her breath that is performed before the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 189Senators Jones, Hardy, Smith; and Kieckhefer (by request)
Joint Sponsor: Assemblyman Eisen
CHAPTER 88
[Approved: May 23, 2013]
AN ACT relating to crimes; revising the definition of provider of health care to include certain persons for the purposes of enhancing the penalties for assault and battery; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person is guilty of: (1) a category D felony if the person commits an assault upon a provider of health care; and (2) a category B felony if the person commits an assault upon a provider of health care with the use of a deadly weapon or the present ability to use a deadly weapon. (NRS 200.471) Existing law also provides that a person is guilty of: (1) a category B felony if the person commits a battery upon a provider of health care which causes substantial bodily harm or is committed by strangulation; and (2) a gross misdemeanor if the person commits a battery upon a provider of health care and the person knew or should have known that the victim was a provider of health care. (NRS 200.481) This bill revises the definition of provider of health care to include a medical student, dental student, dental hygienist student and pharmacy student for the purposes of enhancing the penalties for the crimes of assault and battery against such a person.
κ2013 Statutes of Nevada, Page 292 (CHAPTER 88, SB 189)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.
(c) Provider of health care means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractors assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian and an emergency medical technician.
(d) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e) Sporting event has the meaning ascribed to it in NRS 41.630.
(f) Sports official has the meaning ascribed to it in NRS 41.630.
(g) Taxicab has the meaning ascribed to it in NRS 706.8816.
(h) Taxicab driver means a person who operates a taxicab.
(i) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
κ2013 Statutes of Nevada, Page 293 (CHAPTER 88, SB 189)κ
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
________
Senate Bill No. 215Senator Parks (by request)
CHAPTER 89
[Approved: May 23, 2013]
AN ACT relating to the taxation of property; revising the training requirements for certification as an appraiser; allowing a county assessor to waive the monetary penalty for a failure to report the purchase, repossession or entry into this State of a mobile or manufactured home; revising the provisions governing the transfer of certain veterans exemptions from the governmental services tax; repealing the prospective expiration of certain provisions for the funding of accounts for the acquisition and improvement of technology in the offices of county assessors; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 294 (CHAPTER 89, SB 215)κ
Legislative Counsels Digest:
Existing law requires the certification of certain persons who appraise property for taxation purposes. (NRS 361.221) Each person who holds an appraisers certificate must complete 36 contact hours of appropriate training each fiscal year or, if the person attains a recognized professional designation or accumulates 180 contact hours of accepted training, must complete 36 contact hours every 5 years. (NRS 361.223) Section 1 of this bill revises this requirement for a person who attains a recognized professional designation or accumulates 180 contact hours of accepted training to require the completion of 36 contact hours of training every 3 years.
A person who purchases, repossesses or brings into this State a mobile or manufactured home is required to report the mobile or manufactured home to the county assessor within 30 days. (NRS 361.562) If the report is not made within that time, the county assessor is required to collect a penalty of 10 percent of the property tax due. (NRS 361.5644) Section 2 of this bill authorizes the county assessor to waive this penalty if extenuating circumstances justify the waiver.
A veteran is entitled, with respect to the registration of a vehicle and to the extent of $2,000 determined valuation, to an exemption from the governmental services tax that would otherwise be due and payable on the vehicle. If a veteran has incurred a permanent service-connected disability, existing law authorizes such an exemption in the amount of $20,000 for a veteran with a total disability, $15,000 for a veteran with a disability of 80 to 99 percent and $10,000 for a veteran with a disability of 60 to 79 percent. In lieu of claiming such an exemption in his or her name, a veteran may transfer the exemption to his or her current spouse by filing with the Department of Motor Vehicles an affidavit of transfer made before the county assessor or a notary public. (NRS 371.103, 371.104) Sections 3 and 4 of this bill require that such an affidavit must instead be made before an authorized employee of the Department of Motor Vehicles or a notary public.
Existing law requires the deposit of 2 percent of the property taxes collected for each county on personal property and the net proceeds of mines into an account for the acquisition and improvement of technology in the office of the county assessor. (NRS 361.530, 362.170) Sections 5 and 6 of this bill repeal the provisions that would have caused this requirement to expire on June 30, 2013.
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 361.223 is hereby amended to read as follows:
361.223 1. [Every] Except as otherwise provided in this section, every person who holds an appraisers certificate [shall] must complete in each fiscal year at least 36 contact hours of appropriate training conducted or approved by the Department. College or university courses may be substituted upon approval by the Appraiser Certification Board of an application submitted to the Department for such substitution.
2. Any approved hours of training accumulated in any 1 fiscal year in excess of the 36 contact hour minimum [shall] must be carried forward and applied against the training requirements for the following 3 years. [Any approved hours accumulated between January 1, 1975, and June 30, 1976, may be carried forward and applied against the training time required in the fiscal year ending June 30, 1977.]
3. The annual training requirement [shall] must be waived for any person:
(a) Attaining a professional designation or certification recognized by the Appraiser Certification Board; or
κ2013 Statutes of Nevada, Page 295 (CHAPTER 89, SB 215)κ
(b) Accumulating 180 contact hours of accepted training.
Κ Such persons [shall] must complete 36 contact hours during every [5-year] 3-year period thereafter.
Sec. 2. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser, repossessor or other owner of a mobile or manufactured home fails to comply with the provisions of subsection 1 of NRS 361.562 within the required time, [the county assessor shall collect a penalty, which] there must be added to the tax and collected therewith a penalty in the amount of 10 percent of the tax due. The county assessor may waive this penalty if he or she finds extenuating circumstances sufficient to justify the waiver.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562 neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his or her deputy shall seize the mobile or manufactured home upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty must be computed for each fiscal year from the date of purchase within or importation into this state.
Sec. 3. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,
Κ and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before [the county assessor] an authorized employee of the Department or a notary public. If a veteran makes such a transfer:
κ2013 Statutes of Nevada, Page 296 (CHAPTER 89, SB 215)κ
(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;
(b) The veteran is not entitled to the exemption for the duration of the transfer;
(c) The transfer expires upon the earlier of:
(1) The termination of the marriage;
(2) The death of the veteran; or
(3) The revocation of the transfer by the veteran as described in paragraph (d); and
(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before [the county assessor] an authorized employee of the Department or a notary public.
3. For the purpose of this section, the first $2,000 determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong to that person.
4. Except as otherwise provided in subsection 5, a person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran or, if a transfer has been made pursuant to subsection 2, proof of status of the veteran to whom the person claiming the exemption is married, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, the person is guilty of a gross misdemeanor.
κ2013 Statutes of Nevada, Page 297 (CHAPTER 89, SB 215)κ
8. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 4. NRS 371.104 is hereby amended to read as follows:
371.104 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.
(b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.
(c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.
2. In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before [the county assessor] an authorized employee of the Department or a notary public. If a veteran makes such a transfer:
(a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;
(b) The veteran is not entitled to the exemption for the duration of the transfer;
(c) The transfer expires upon the earlier of:
(1) The termination of the marriage;
(2) The death of the veteran; or
(3) The revocation of the transfer by the veteran as described in paragraph (d); and
(d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before [the county assessor] an authorized employee of the Department or a notary public.
3. For the purpose of this section, the first $20,000 of determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.
4. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
κ2013 Statutes of Nevada, Page 298 (CHAPTER 89, SB 215)κ
Κ to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
5. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the veterans status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
6. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;
(b) The veteran with a disability was eligible for the exemption at the time of his or her death or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and
(c) The surviving spouse has not remarried.
Κ The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
7. If a tax exemption is allowed under this section, the veteran and his or her current spouse are not entitled to an exemption under NRS 371.103.
8. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.
9. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
κ2013 Statutes of Nevada, Page 299 (CHAPTER 89, SB 215)κ
Sec. 5. Section 57 of chapter 496, Statutes of Nevada 2005, as last amended by chapter 512, Statutes of Nevada 2011, at page 3531, is hereby amended to read as follows:
Sec. 57. 1. This section and sections 52.1 to 52.8, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to 28, inclusive, 42 to 52, inclusive, and 53 to 56, inclusive, of this act become effective on July 1, 2005.
3. Sections 29 to 41, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections; and
(b) On July 1, 2006, for all other purposes.
[4. Section 23 of this act becomes effective on July 1, 2013.
5. Section 43 of this act expires by limitation on June 30, 2013.]
Sec. 6. Section 23 of chapter 496, Statutes of Nevada 2005, at page 2660, is hereby repealed.
Sec. 7. 1. This section and sections 5 and 6 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective on July 1, 2013.
________
Senate Bill No. 216Senator Parks (by request)
CHAPTER 90
[Approved: May 23, 2013]
AN ACT relating to property taxes; authorizing tax receivers to provide tax bills under certain circumstances electronically in lieu of by mail; revising the provisions governing the procedure for the collection of delinquent taxes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The ex officio tax receiver of each county is required to mail an individual property tax bill to each property owner or to the holder of the mortgage on the property. (NRS 361.480) Section 1 of this bill allows an ex officio tax receiver, in lieu of mailing such a bill, to provide the bill electronically at the request of the property owner or mortgage holder if the ex officio tax receiver authorizes property owners and mortgage holders to make such a request.
Property which is being held in trust by a county treasurer as a result of a property tax delinquency must be reconveyed to the appropriate person if the accrued taxes, costs, penalties and interest are paid before the county treasurer issues public notice of the sale of the property to recover the delinquent taxes. (NRS 361.585) Section 2 of this bill extends the period for the receipt of such a payment until 5 p.m. on the third business day before the day of the sale specified in the notice of sale. Section 3 of this bill requires such a notice of sale to specify the day, time and place of the sale, and revises the manner in which such a notice may be published to accommodate those counties in which newspapers are published weekly instead of daily.
κ2013 Statutes of Nevada, Page 300 (CHAPTER 90, SB 216)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 361.480 is hereby amended to read as follows:
361.480 1. Upon receiving the assessment roll from the county auditor, the ex officio tax receiver shall proceed to receive taxes.
2. The ex officio tax receiver shall give notice at least quarterly by publication in some newspaper published in his or her county, and if none is so published then by posting notices in three public and conspicuous places in the county, specifying:
(a) The dates when taxes are due; and
(b) The penalties for delinquency.
3. The ex officio tax receiver shall mail to each property owner, or to the holder of the mortgage on that property, an individual tax bill which includes:
(a) All of the information supplied to him or her by the county auditor.
(b) A statement explaining how to obtain the information set forth in the notices published by the ex officio tax receiver pursuant to NRS 361.4545.
Κ If the holder of a mortgage receives such a bill on behalf of a property owner, he or she shall forward the bill or a copy thereof to the owner in the next notice of billing sent to the owner for the mortgage. Failure to receive an individual tax bill does not excuse the taxpayer from the timely payment of his or her taxes.
4. An ex officio tax receiver may authorize a property owner or the holder of a mortgage to request, by written letter, electronic mail, facsimile or any other method authorized by the ex officio tax receiver, the electronic transmission of the individual tax bill required by subsection 3 or a link to that bill, as posted on a website or other Internet site pursuant to paragraph (b) of subsection 6, to the property owner or holder of the mortgage at a specific electronic mail address or pursuant to another specific method of electronic delivery in lieu of the mailing of that bill pursuant to subsection 3. If an ex officio tax receiver transmits the individual tax bill or link electronically to the property owner or holder of the mortgage in accordance with such a request, the ex officio tax receiver shall be deemed to have mailed the individual tax bill to the property owner or holder of the mortgage in compliance with subsection 3 regardless of whether the property owner or holder of the mortgage actually receives that electronic transmission.
5. If, in lieu of an individual tax bill, an ex officio tax receiver mails an individual tax notice to a property owner, the notice must include the information required for the individual tax bill pursuant to subsection 3.
[5.] 6. In addition to complying with subsections 3 and [4,] 5, an ex officio tax receiver shall:
(a) Provide without charge a copy of an individual tax bill or individual tax notice to the property owner upon request.
(b) Post the information included in an individual tax bill or individual tax notice on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the ex officio tax receiver.
κ2013 Statutes of Nevada, Page 301 (CHAPTER 90, SB 216)κ
Sec. 2. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for the redemption of a property described in a certificate has expired and no redemption has been made, the tax receiver who issued the certificate, or his or her successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.
2. The county treasurer and his or her successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or not later than 5 p.m. on the third business day before the [public notice of] day of the sale by a county treasurer, [pursuant to] as specified in the notice required by NRS 361.595, of any property held in trust by him or her by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon [payment to] the receipt by the county treasurer of payment by or on behalf of that person of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property. A reconveyance may not be made after expiration of the 90-day period specified in NRS 361.603 . [or after commencement of posting or publication of public notice pursuant to NRS 361.595.]
4. Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:
(a) The owner.
(b) The beneficiary under a note and deed of trust.
(c) The mortgagee under a mortgage.
(d) The creditor under a judgment.
(e) The person to whom the property was assessed.
(f) The person holding a contract to purchase the property before its conveyance to the county treasurer.
(g) The Director of the Department of Health and Human Services if the owner has received or is receiving any benefits from Medicaid.
(h) The successor in interest of any person specified in this subsection.
5. The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.
Sec. 3. NRS 361.595 is hereby amended to read as follows:
361.595 1. Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.
2. If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.
3. Notice of the sale must specify the day, time and place of the sale and be:
κ2013 Statutes of Nevada, Page 302 (CHAPTER 90, SB 216)κ
(a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice [for 20 days] at least once a week for 4 consecutive weeks by four weekly insertions in some newspaper published within the county, the first publication being at least 22 days before the day of the sale, if the board of county commissioners so directs.
(b) Mailed by certified mail, return receipt requested, not less than 90 days before the day of the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.
4. Upon compliance with such an order the county treasurer shall make, execute and deliver to any purchaser, upon payment to the county treasurer, as trustee, of a consideration not less than that specified in the order, a quitclaim deed, discharged of any trust of the property mentioned in the order.
5. Before delivering any such deed, the county treasurer shall record the deed at the expense of the purchaser.
6. All such deeds, whether issued before, on or after July 1, 1955, are primary evidence:
(a) Of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; and
(b) That, if the real property was sold to pay taxes on personal property, the real property belonged to the person liable to pay the tax.
7. No such deed may be executed and delivered by the county treasurer until he or she files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his or her return of sale, verified, showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.
8. If the deed when regularly issued is not recorded in the office of the county recorder, the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his or her own conveyance is first recorded.
9. The board of county commissioners shall provide its clerk with a record book in which must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.
Sec. 4. This act becomes effective on July 1, 2013.
________
κ2013 Statutes of Nevada, Page 303κ
Senate Bill No. 227Senator Goicoechea
Joint Sponsors: Assemblymen Ellison; and Oscarson
CHAPTER 91
[Approved: May 23, 2013]
AN ACT relating to municipalities; authorizing the governing body of a municipality to acquire, improve, equip, operate and maintain a natural gas project and a propane gas project; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the governing body of a municipality to acquire, improve, equip, operate and maintain various projects and to defray, in whole or in part, the cost of such projects through the issuance of general obligation bonds. (NRS 268.672-268.740) In addition to such projects, this bill authorizes the governing body of a municipality to acquire, improve, equip, operate and maintain a natural gas project and a propane gas project and to defray, in whole or in part, the cost of the natural gas project or propane gas project through the issuance of general obligation bonds.
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 2 and 3 of this act.
Sec. 2. Natural gas project means facilities pertaining to a municipal natural gas system for the generation, transmission, storage and distribution of natural gas, including, without limitation, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, pipes, resistors, transformers, storage facilities, equipment, fixtures, and any other structures, buildings and facilities for the generation, transmission, storage and distribution of natural gas, or any combination thereof.
Sec. 3. Propane gas project means facilities pertaining to a municipal propane gas system for the generation, transmission, storage and distribution of propane gas, including, without limitation, towers, generators, pumping plants, power plants, pumping stations, gauging stations, conduits, transmission lines, engines, boilers, pumps, meters, pipes, resistors, transformers, storage facilities, equipment, fixtures, and any other structures, buildings and facilities for the generation, transmission, storage and distribution of propane gas, or any combination thereof.
Sec. 4. NRS 268.674 is hereby amended to read as follows:
268.674 Except as otherwise provided in NRS 268.672 to 268.740, inclusive, and sections 2 and 3 of this act, the terms used or referred to herein are as defined in the Local Government Securities Law, but the definitions in NRS 268.676 to 268.728, inclusive, and sections 2 and 3 of this act, except where the context otherwise requires, govern the construction hereof.
κ2013 Statutes of Nevada, Page 304 (CHAPTER 91, SB 227)κ
definitions in NRS 268.676 to 268.728, inclusive, and sections 2 and 3 of this act, except where the context otherwise requires, govern the construction hereof.
Sec. 5. NRS 268.730 is hereby amended to read as follows:
268.730 Except as otherwise provided in NRS 268.086 and 268.088, any governing body of a municipality, upon its behalf and in its name, may at any time or from time to time acquire, improve, equip, operate and maintain, within or without or both within and without the municipality:
1. A building project;
2. A cemetery project;
3. A communications project;
4. A drainage project or flood control project;
5. An electric project;
6. A fire protection project;
7. A flood management project;
8. A natural gas project;
9. An off-street parking project;
[9.] 10. An overpass project;
[10.] 11. A park project;
[11.] 12. A propane gas project;
13. A recreational project;
[12.] 14. A refuse project;
[13.] 15. A sewerage project;
[14.] 16. A sidewalk project;
[15.] 17. A street project;
[16.] 18. A transportation project;
[17.] 19. An underpass project; and
[18.] 20. A water project.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 264Senator Cegavske
CHAPTER 92
[Approved: May 23, 2013]
AN ACT relating to criminal procedure; requiring the Advisory Commission on the Administration of Justice to identify and study certain issues relating to criminal procedure; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Advisory Commission on the Administration of Justice and directs the Commission, among other duties, to identify and study the elements of this States system of criminal justice. (NRS 176.0123, 176.0125) This bill requires the Commission to include certain items relating to overcriminalization on an agenda for discussion.
κ2013 Statutes of Nevada, Page 305 (CHAPTER 92, SB 264)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Advisory Commission on the Administration of Justice created pursuant to NRS 176.0123 shall, at a meeting held by the Commission, include as an item on the agenda a discussion of the following issues relating to overcriminalization:
1. A review of all criminal sentences.
2. A review of all criminal offenses which may be duplicative or sanction the same or similar behavior.
3. An evaluation of the reclassification of certain misdemeanor offenses to determine whether jail time is necessary and whether such offenses may be more appropriately classified as civil violations.
4. An evaluation of certain felony offenses to determine whether misdemeanor punishment may be more appropriate given the disparate impacts a felony conviction may carry. The Commission shall consider the lasting harm caused by the unlawful act, the blameworthiness accompanying the offense and the impact on future public safety.
Sec. 2. This act becomes effective on July 1, 2013.
________
Senate Bill No. 268Senators Ford, Jones, Kihuen, Spearman; Atkinson, Manendo and Woodhouse
Joint Sponsors: Assemblymen Frierson; Healey and Spiegel
CHAPTER 93
[Approved: May 23, 2013]
AN ACT relating to telecommunications; requiring a provider of wireless telecommunications to provide call location information concerning the telecommunications device of a user to a law enforcement agency in certain circumstances; requiring a provider of wireless telecommunications to submit its emergency contact information to the Department of Public Safety; requiring the Department to maintain a database of such emergency contact information; authorizing the Department to adopt regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal law authorizes, but does not require, telecommunications carriers to provide call location information concerning the user of a commercial mobile service in certain emergency situations. (47 U.S.C. § 222(d)(4)) Section 5 of this bill requires a provider of wireless telecommunications to provide, upon the request of a law enforcement agency, the most accurate call location information readily available concerning the telecommunications device of a user to assist the law enforcement agency in certain emergency situations. Section 6 of this bill requires a provider of wireless telecommunications to submit its emergency contact information to the Department of Public Safety to facilitate such requests from law enforcement agencies.
κ2013 Statutes of Nevada, Page 306 (CHAPTER 93, SB 268)κ
Department of Public Safety to facilitate such requests from law enforcement agencies. Section 6 also requires the Department to maintain a database of such emergency contact information and to make the information available to a law enforcement agency immediately upon request. Section 7 of this bill authorizes the Department to adopt any necessary regulations to carry out the provisions 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. Chapter 707 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Department means the Department of Public Safety.
Sec. 4. Provider of wireless telecommunications means a person that is licensed by the Federal Communications Commission to provide wireless telecommunications services over a designated radio frequency and is authorized to do business in or submits to the jurisdiction of this State. The term includes a reseller of wireless telecommunications services.
Sec. 5. 1. Upon the request of a law enforcement agency, a provider of wireless telecommunications shall provide call location information concerning the telecommunications device of a user to assist the law enforcement agency in responding to a call for emergency services or in an emergency situation that involves the immediate risk of death or serious physical harm. The provider of wireless telecommunications shall provide the most accurate call location information readily available, given any technical or other limitations that may affect the accuracy of the call location information in the relevant area.
2. Notwithstanding any other provision of law, nothing in this section prohibits a provider of wireless telecommunications from establishing any protocols which enable the provider to disclose call location information voluntarily in an emergency situation that involves the immediate risk of death or serious physical harm.
3. No cause of action may be brought against any provider of wireless telecommunications, its officers, employees or agents for providing call location information while acting in good faith and in accordance with the provisions of sections 2 to 7, inclusive, of this act.
Sec. 6. 1. Any provider of wireless telecommunications shall submit its emergency contact information to the Department to facilitate requests from law enforcement agencies for call location information in accordance with section 5 of this act. Such emergency contact information must be submitted:
(a) Annually; and
(b) As soon as practicable following any change in emergency contact information.
2. The Department shall maintain a database which contains all emergency contact information received pursuant to subsection 1 and shall make such information available to a law enforcement agency immediately upon request.
κ2013 Statutes of Nevada, Page 307 (CHAPTER 93, SB 268)κ
Sec. 7. The Department may adopt such regulations as are necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
Sec. 8. This act becomes effective:
1. Upon passage and approval for the purpose of adopting regulations; and
2. On October 1, 2013, for all other purposes.
________
Senate Bill No. 272Senator Kieckhefer
Joint Sponsors: Assemblymen Wheeler; and Livermore
CHAPTER 94
[Approved: May 23, 2013]
AN ACT relating to counties; providing for the revision of the boundary line between Storey County and Washoe County; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill provides for the revision of the boundary line between Storey County and Washoe County upon the adoption of resolutions by the Board of County Commissioners of Storey County and the Board of County Commissioners of Washoe County approving the revision.
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 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Carson City, and running easterly along the northern boundary of Carson City to the county boundary monument common to Washoe County, Lyon County, Carson City and Storey County; thence N. 12°22’55² W. 3,137.70 feet to the section corner common to sections 10, 11, 14 and 15, T. 16 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 11 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 16 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 11 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 16 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 1 and 2 to the east one-quarter corner of section 2; thence easterly along the east-west one-quarter section line to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along such range line to the township line common to T. 16 N. and T. 17 N., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 25 and 36, T. 17 N., R. 20 E., and sections 30 and 31, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 24 and 25, T. 17 N., R. 20 E., and sections 19 and 30, T.
κ2013 Statutes of Nevada, Page 308 (CHAPTER 94, SB 272)κ
and sections 19 and 30, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 13 and 24, T. 17 N., R. 20 E., and sections 18 and 19, T. 17 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 18 and 19 to the section corner common to sections 17, 18, 19 and 20, T. 17 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 7 and 18 to the south one-quarter corner of section 7; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 6 and 7, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the township line common to T. 17 N. and T. 18 N., M.D.B. & M.; thence westerly along the township line to the south one-quarter corner of section 36, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 25 and 36, T. 18 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 25 and 36 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the section corner common to sections 24 and 25, T. 18 N., R. 20 E., M.D.B. & M., and sections 19 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 19 and 30 to the section corner common to sections 19, 20, 29 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 19 and 20 to the section corner common to sections 17, 18, 19 and 20, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 7 and 8 to the section corner common to sections 5, 6, 7 and 8, T. 18 N., R. 21 E., M.D.B. & M.; thence [westerly along the section line common to sections 6 and 7 to the section corner common to sections 6 and 7 and sections 1 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence continuing westerly along the section line common to sections 1 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 1 and 2] North 47°38’11² West a distance of 1133.28 feet; thence North 38°40’56² West a distance of 268.28 feet; thence North 04°57’57² West a distance of 1153.58 feet; thence North 02°01’41² East a distance of 671.51 feet; thence North 12°25’49² West a distance of 2504.99 feet to a point on the township line common to T. 20 N. and T. 21 N.; thence westerly along said township line to the section corner common to sections 1 and 2 , T. 18 N., R. 20 E., and sections 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 35 and 36 to the section corner common to sections 25, 26, 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 25 and 26 to the section corner common to sections 23, 24, 25 and 26, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 23 and 24, to the section corner common to sections 13, 14, 23 and 24, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 13 and 14 to the section corner common to sections 11, 12, 13 and 14, T.
κ2013 Statutes of Nevada, Page 309 (CHAPTER 94, SB 272)κ
12, 13 and 14, T. 19 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 12 and 13 to the centerline of the Truckee River (as described in paragraph (a) of subsection 2 of NRS 243.335); thence down such centerline of the Truckee River to its lower crossing; thence S. 53°06’03² E. to a point in the Immigrant Road further described as being a 1 1/46-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27°53’57² W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10 to the easterly boundary of the Pyramid Lake Reservation, thence northeasterly along said Pyramid Lake Reservation Boundary to the section line common to sections 26 and 35, T. 21 N., R. 24 E.; thence easterly along the section line common to sections 25, 26, 35 and 36, T. 21 N., R. 24 E.; thence continuing easterly along the section line common to sections 29, 30, 31 and 32, T. 21 N., R. 25 E. to the section corner common to sections 28, 29, 32 and 33, T. 21 N., R. 25 E.; thence northerly along the section lines common to sections 20, 21, 28 and 29 to the section corner common to sections 16, 17, 20 and 21, T. 21 N., R. 25 E., M.D.B. & M.; thence easterly along the section line common to sections 16 and 21 to the section corner common to sections 15, 16, 21 and 22, T. 21 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 3, 4, 9, 10, 15 and 16, to the township line common to T. 21 N. and T. 22 N., M.D.B. & M.; thence westerly along the township line to the section corner common to sections 33 and 34, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 9, 10, 15, 16, 21, 22, 27, 28, 33 and 34 to the one-quarter corner common to sections 9 and 10, T. 22 N., R. 25 E., M.D.B. & M.; thence westerly along the one-quarter section line to the one-quarter corner common to sections 8 and 9, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 4, 5, 8 and 9 to the township line common to T. 22 N. and T. 23 N., M.D.B. & M.; thence westerly along the township line to the section line common to sections 31 and 32, T. 23 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 and 32 to the township lines common to T. 23 N., T. 24 N., M.D.B. & M.; thence westerly along the township line to the range line common to R. 24 E. and R. 25 E., M.D.B. & M.; thence northerly along the range line to the 40th degree of north latitude; thence westerly along the 40th degree of north latitude to the range line common to R. 23 E. and R. 24 E., M.D.B. & M.; thence northerly along the common range lines continuously through each successive township to the Oregon line; thence westerly along the Oregon line to the California line; thence southerly along the California line to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1:
(a) The common boundary line between Carson City and Washoe County is redefined on July 1, 1969, and that boundary line is hereby established as provided in section 1.030 of chapter 213, Statutes of Nevada 1969, as amended.
(b) The common boundary line between Storey County and Washoe County is redefined on April 21, 1973, and that boundary line is established as provided in subsection 1 and NRS 243.335.
κ2013 Statutes of Nevada, Page 310 (CHAPTER 94, SB 272)κ
Sec. 1.5. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Carson City, and running easterly along the northern boundary of Carson City to the county boundary monument common to Washoe County, Lyon County, Carson City and Storey County; thence N. 12°22’55² W. 3,137.70 feet to the section corner common to sections 10, 11, 14 and 15, T. 16 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 11 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 16 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 11 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 16 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 1 and 2 to the east one-quarter corner of section 2; thence easterly along the east-west one-quarter section line to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along such range line to the township line common to T. 16 N. and T. 17 N., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 25 and 36, T. 17 N., R. 20 E., and sections 30 and 31, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 24 and 25, T. 17 N., R. 20 E., and sections 19 and 30, T. 17 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the range line to the section corner common to sections 13 and 24, T. 17 N., R. 20 E., and sections 18 and 19, T. 17 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 18 and 19 to the section corner common to sections 17, 18, 19 and 20, T. 17 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 7 and 18 to the south one-quarter corner of section 7; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 6 and 7, T. 17 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the township line common to T. 17 N. and T. 18 N., M.D.B. & M.; thence westerly along the township line to the south one-quarter corner of section 36, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the north-south one-quarter section line to the one-quarter corner common to sections 25 and 36, T. 18 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 25 and 36 to the range line common to R. 20 E. and R. 21 E., M.D.B. & M.; thence northerly along the range line to the section corner common to sections 24 and 25, T. 18 N., R. 20 E., M.D.B. & M., and sections 19 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence easterly along the section line common to sections 19 and 30 to the section corner common to sections 19, 20, 29 and 30, T. 18 N., R. 21 E., M.D.B. & M.; thence northerly along the section line common to sections 19 and 20 to the section corner common to sections 17, 18, 19 and 20, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 17 and 18 to the section corner common to sections 7, 8, 17 and 18, T. 18 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 7 and 8 to the section corner common to sections 5, 6, 7 and 8, T. 18 N., R. 21 E., M.D.B. & M.; thence westerly along the section line common to sections 6 and 7 to the section corner common to sections 6 and 7 and sections 1 and 12, T.
κ2013 Statutes of Nevada, Page 311 (CHAPTER 94, SB 272)κ
thence westerly along the section line common to sections 6 and 7 to the section corner common to sections 6 and 7 and sections 1 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence continuing westerly along the section line common to sections 1 and 12 to the section corner common to sections 1, 2, 11 and 12, T. 18 N., R. 20 E., M.D.B. & M.; thence northerly along the section line common to sections 1 and 2 to the section corner common to sections 1 and 2 and sections 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 35 and 36 to the section corner common to sections 25, 26, 35 and 36, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 25 and 26 to the section corner common to sections 23, 24, 25 and 26, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 23 and 24, to the section corner common to sections 13, 14, 23 and 24, T. 19 N., R. 20 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 13 and 14 to the section corner common to sections 11, 12, 13 and 14, T. 19 N., R. 20 E., M.D.B. & M.; thence easterly along the section line common to sections 12 and 13 to the centerline of the Truckee River (as described in paragraph (a) of subsection 2 of NRS 243.335); thence down such centerline of the Truckee River to the section line common to sections 10 and 11, T. 19 N., R. 21 E., M.D.B. & M.; thence continuing northerly along the section line common to sections 10 and 11 to the intersection of the section line common to sections 10 and 11 with the southern boundary of the right-of-way of Interstate Highway No. 80; thence continuing northeasterly along the southern boundary of the right-of-way of Interstate Highway No. 80 to the intersection of the southern boundary of the right-of-way of Interstate Highway No. 80 with the north-south centerline of section 32, T. 20 N., R. 22 E., M.D.B. & M.; thence continuing southerly along the centerline of section 32 to the centerline of the Truckee River, as described in paragraph (a) of subsection 2 of NRS 243.335; thence down such centerline to its lower crossing; thence S. 53°06’03² E. to a point in the Immigrant Road further described as being a 1 1/46-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27°53’57² W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10 to the easterly boundary of the Pyramid Lake Reservation, thence northeasterly along said Pyramid Lake Reservation Boundary to the section line common to sections 26 and 35, T. 21 N., R. 24 E.; thence easterly along the section line common to sections 25, 26, 35 and 36, T. 21 N., R. 24 E.; thence continuing easterly along the section line common to sections 29, 30, 31 and 32, T. 21 N., R. 25 E. to the section corner common to sections 28, 29, 32 and 33, T. 21 N., R. 25 E.; thence northerly along the section lines common to sections 20, 21, 28 and 29 to the section corner common to sections 16, 17, 20 and 21, T. 21 N., R. 25 E., M.D.B. & M.; thence easterly along the section line common to sections 16 and 21 to the section corner common to sections 15, 16, 21 and 22, T. 21 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 3, 4, 9, 10, 15 and 16, to the township line common to T. 21 N. and T. 22 N., M.D.B. & M.; thence westerly along the township line to the section corner common to sections 33 and 34, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 9, 10, 15, 16, 21, 22, 27, 28, 33 and 34 to the one-quarter corner common to sections 9 and 10, T.
κ2013 Statutes of Nevada, Page 312 (CHAPTER 94, SB 272)κ
and 10, T. 22 N., R. 25 E., M.D.B. & M.; thence westerly along the one-quarter section line to the one-quarter corner common to sections 8 and 9, T. 22 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 4, 5, 8 and 9 to the township line common to T. 22 N. and T. 23 N., M.D.B. & M.; thence westerly along the township line to the section line common to sections 31 and 32, T. 23 N., R. 25 E., M.D.B. & M.; thence northerly along the section lines common to sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 and 32 to the township lines common to T. 23 N., T. 24 N., M.D.B. & M.; thence westerly along the township line to the range line common to R. 24 E. and R. 25 E., M.D.B. & M.; thence northerly along the range line to the 40th degree of north latitude; thence westerly along the 40th degree of north latitude to the range line common to R. 23 E. and R. 24 E., M.D.B. & M.; thence northerly along the common range lines continuously through each successive township to the Oregon line; thence westerly along the Oregon line to the California line; thence southerly along the California line to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1:
(a) The common boundary line between Carson City and Washoe County is redefined on July 1, 1969, and that boundary line is hereby established as provided in section 1.030 of chapter 213, Statutes of Nevada 1969, as amended.
(b) The common boundary line between Storey County and Washoe County is redefined on April 21, 1973, and that boundary line is established as provided in subsection 1 and NRS 243.335.
Sec. 2. 1. All taxes and pledged revenue in existence before July 1, 2013, must not be directly or indirectly modified in such a manner as to impair adversely any outstanding obligations of Storey County, until all those obligations have been discharged in full or provision for their payment and redemption has been fully made.
2. All taxes and pledged revenue in existence before July 1, 2013, must not be directly or indirectly modified in such a manner as to impair adversely any outstanding obligations of Washoe County, until all those obligations have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective only upon the adoption, on or after July 1, 2013, and on or before June 30, 2015, of a resolution by the Board of County Commissioners of Storey County and the Board of County Commissioners of Washoe County, respectively, approving the revisions described in the amendatory provisions of section 1 of this act to the boundary line between the respective Counties.
3. Section 1.5 of this act becomes effective only upon the adoption, on or after July 1, 2013, and on or before June 30, 2015, of a resolution by the Board of County Commissioners of Storey County and the Board of County Commissioners of Washoe County, respectively, approving the revisions described in the amendatory provisions of section 1.5 of this act to the boundary line between the respective Counties.
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κ2013 Statutes of Nevada, Page 313κ
Senate Bill No. 274Committee on Health and Human Services
CHAPTER 95
[Approved: May 23, 2013]
AN ACT relating to the Department of Health and Human Services; revising provisions governing contracts and agreements entered into by the Division of Mental Health and Developmental Services, the Division of Child and Family Services, the Division of Welfare and Supportive Services, the Aging and Disability Services Division and the Health Division of the Department of Health and Human Services with private nonprofit corporations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Division of Mental Health and Developmental Services and the Division of Child and Family Services of the Department of Health and Human Services to cooperate and execute contracts or agreements with certain governmental or private entities. These contracts or agreements may include a requirement that the Division of Mental Health and Developmental Services or the Division of Child and Family Services provide services for payment. (NRS 433.354, 433B.220) Sections 3, 4 and 5 authorize the Division of Welfare and Supportive Services, the Aging and Disability Services Division and the Health Division of the Department to execute similar contracts or agreements. This bill authorizes such contracts or agreements to provide that the division that executed the contract or agreement will provide staff, services and resources without payment to further the contract or agreement.
This bill also authorizes such a contract or agreement entered into with a private nonprofit corporation to include provisions authorizing: (1) the division that executed the contract or agreement to conduct certain activities to ensure the welfare of its consumers and to share confidential information about consumers served under the contract or agreement; and (2) the private nonprofit corporation to assign rights and obligations under the contract or agreement to the division. This bill further clarifies that entering into such a contract or agreement does not waive any immunity from liability or limitation on liability that is provided by 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 433.354 is hereby amended to read as follows:
433.354 1. For the purposes of chapters 433 to 436, inclusive, of NRS, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the Division will [render] provide staff, services [,] or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment [for which] will be reimbursed directly to the Divisions budget.
κ2013 Statutes of Nevada, Page 314 (CHAPTER 95, SB 274)κ
resources, the payment [for which] will be reimbursed directly to the Divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrators designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises that are related to services provided under the contract or agreement and to inspect any records that are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Sec. 2. NRS 433B.220 is hereby amended to read as follows:
433B.220 1. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will [render] provide staff, services [,] or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment [for which] will be reimbursed directly to the Divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrators designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
κ2013 Statutes of Nevada, Page 315 (CHAPTER 95, SB 274)κ
3. The State, Department and Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Sec. 3. Chapter 422A of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrators designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
3. The State, the Department and the Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Sec. 4. Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Divisions budget.
κ2013 Statutes of Nevada, Page 316 (CHAPTER 95, SB 274)κ
reimbursed directly to the Divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrators designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
3. The State, the Department and the Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Sec. 5. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this chapter, the Department through the Health Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Health Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Health Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Health Divisions budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrators designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Health Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Health Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
κ2013 Statutes of Nevada, Page 317 (CHAPTER 95, SB 274)κ
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Health Division.
3. The State, the Department and the Health Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 281Senator Kieckhefer
CHAPTER 96
[Approved: May 23, 2013]
AN ACT relating to taxation; exempting from taxation certain property of the Thunderbird Lodge Preservation Society for a certain period; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of Article 10 of the Nevada Constitution authorizes the Legislature to exempt from taxation property used for charitable purposes. Section 6 of Article 10 of the Nevada Constitution requires the Legislature, in enacting such an exemption, to provide a specific date on which the exemption expires. This bill exempts from taxation through June 30, 2033, the real property, including certain furniture and equipment upon the property, of the Thunderbird Lodge Preservation Society, a nonprofit and charitable organization.
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 361.110 is hereby amended to read as follows:
361.110 1. Except as otherwise provided in subsection 2, the buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of [the] :
(a) The Nevada Museum of Art, Inc., the Boulder City Museum and Historical Association, the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc., the Boy Scouts of America and the Sierra Arts Foundation are exempt from taxation.
(b) The Thunderbird Lodge Preservation Society are exempt from taxation through June 30, 2033.
2. If any property exempt from taxation pursuant to subsection 1 is used for purposes other than those of the organizations described in subsection 1, respectively, and a rent or other valuable consideration is received for its use, the property must be taxed, unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3).
κ2013 Statutes of Nevada, Page 318 (CHAPTER 96, SB 281)κ
Sec. 2. The Legislature hereby finds that the exemption provided by this act from any ad valorem tax on property:
1. Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and
2. Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.
Sec. 3. This act becomes effective on July 1, 2013.
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Senate Bill No. 37Committee on Judiciary
CHAPTER 97
[Approved: May 23, 2013]
AN ACT relating to crimes; requiring a person who unlawfully removes, damages or destroys certain property to obtain scrap metal to make restitution and to perform community service; requiring a person who intentionally steals, takes and carries away scrap metal or utility property to perform community service; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who willfully or maliciously removes, damages or destroys any utility property, agricultural infrastructure, lights maintained by a State or local government, construction site or certain other property to obtain scrap metal is guilty of a crime. (NRS 202.582) Section 1 of this bill: (1) provides that a person who removes, damages or destroys any property maintained by the State or a local government to obtain scrap metal is guilty of a crime; and (2) requires a person convicted of such a crime, in addition to any other penalty, to pay restitution and to perform 100 hours of community service for a first offense, 200 hours of community service for a second offense and up to 300 hours of community service for any third or subsequent offense. Section 1 also revises the definition of utility property to include any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish sewer service or storm water collection or disposal service.
Existing law also provides that a person who intentionally steals, takes and carries away scrap metal: (1) with a value of less than $650 within a period of 90 days is guilty of a misdemeanor; or (2) with a value of $650 or more within a period of 90 days is guilty of a category C or B felony with varying terms of imprisonment and fines, depending on the value of the scrap metal. (NRS 205.267) Section 2 of this bill: (1) similarly makes it a crime to intentionally steal, take or carry away utility property; and (2) requires a person convicted of intentionally stealing, taking or carrying away scrap metal or utility property to perform 100 hours of community service for a first offense, 200 hours of community service for a second offense and up to 300 hours of community service for any third or subsequent offense.
κ2013 Statutes of Nevada, Page 319 (CHAPTER 97, SB 37)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 202.582 is hereby amended to read as follows:
202.582 1. A person who willfully and maliciously removes, damages or destroys any utility property, agricultural infrastructure or other agricultural property, [lights] property maintained by the State or a local government, construction site or existing structure to obtain scrap metal shall be punished pursuant to the provisions of this section.
2. Except as otherwise provided in subsection 3, if the value of the property removed, damaged or destroyed as described in subsection 1 is:
(a) Less than $500, a person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(b) Five hundred dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. If the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any utility property, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4. In addition to any other penalty, the court [may] shall order a person who violates the provisions of subsection 1 to pay restitution [.] and:
(a) For the first offense, to perform 100 hours of community service.
(b) For a second offense, to perform 200 hours of community service.
(c) For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.
5. In determining the value of the property removed, damaged or destroyed as described in subsection 1, the cost of replacing or repairing the property or repairing the utility property, agricultural infrastructure, agricultural property, [lights,] construction site or existing structure, if necessary, must be added to the value of the property.
6. As used in this section:
(a) Scrap metal has the meaning ascribed to it in NRS 647.017.
(b) Utility property means any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish cable television or other video service, broadband service, telecommunication service, telephone service, telegraph service, natural gas service, water service , sewer service, storm water collection or disposal service or electric service, regardless of whether the facility, property or equipment is currently used to furnish such service.
Sec. 2. NRS 205.267 is hereby amended to read as follows:
205.267 1. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of less than $650 within a period of 90 days is guilty of a misdemeanor.
2. A person who intentionally steals, takes and carries away scrap metal or utility property with a value of $650 or more within a period of 90 days is guilty of:
(a) If the value of the scrap metal or utility property taken is less than $3,500, a category C felony and shall be punished as provided in NRS 193.130; or
κ2013 Statutes of Nevada, Page 320 (CHAPTER 97, SB 37)κ
(b) If the value of the scrap metal or utility property taken is $3,500 or more, 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 10 years, and by a fine of not more than $10,000.
3. In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution [.] and:
(a) For a first offense, to perform 100 hours of community service.
(b) For a second offense, to perform 200 hours of community service.
(c) For a third or subsequent offense, to perform up to 300 hours of community service for up to 1 year, as determined by the court.
4. In determining the value of the scrap metal or utility property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal or utility property must be added to the value of the property.
5. As used in this section [, scrap] :
(a) Scrap metal has the meaning ascribed to it in NRS 647.017.
(b) Utility property has the meaning ascribed to it in NRS 202.582.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 74Senator Segerblom
CHAPTER 98
[Approved: May 23, 2013]
AN ACT relating to public records; requiring the person who has legal custody or control of a public record, under certain circumstances, to prepare a copy of the public record rather than requiring the person who has requested the copy to prepare the copy; requiring copies of public books and records to be made available upon request in certain circumstances; limiting the fee which may be charged for a copy of a public record in the custody of a law library operated by a governmental entity; requiring a copy of minutes or audio recordings of public meetings to be made available to a member of the public upon request at no charge; reducing the fee a county clerk charges for copying records, proceedings or papers or for searching records or files in the office of the county clerk; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, all public books and records that are not otherwise declared by law to be confidential must be made available to the public for inspection or copying by any person. (NRS 239.010) Section 1 of this bill prohibits the officer, employee or agent of a governmental entity who has legal custody or control of a public record from requiring a person who has requested a copy of the public record to prepare the copy himself or herself. Rather, upon request, the officer, employee or agent of the governmental entity must prepare the copy of the public record, unless the copy needs to be a certified copy.
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Existing law requires requests for inspection or copying of public books or records to be addressed not later than the fifth business day after the person who has legal custody or control of a public book or record of a governmental entity receives a request. (NRS 239.0107) Section 2 of this bill requires the public book or record to be made available upon request if the public book or record is readily available.
Section 4 of this bill limits the fee for a copy of a public book or record in the custody of a law library operated by a governmental entity to 50 cents per page. Section 5 of this bill requires a copy of minutes or audio recordings of public meetings to be made available to a member of the public upon request at no charge. Section 7 of this bill reduces the fee a county clerk charges for preparing a copy of any record, proceeding or paper and the fee that the county clerk charges for searching the records or files in the office of the county clerk and authorizes the county clerk to waive those fees.
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 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in subsection 3, all public books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record [shall] :
(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. 2. NRS 239.0107 is hereby amended to read as follows:
239.0107 1. Not later than the end of the fifth business day after the date on which the person who has legal custody or control of a public book or record of a governmental entity receives a written or oral request from a person to inspect , [or] copy or receive a copy of the public book or record, a governmental entity shall do one of the following, as applicable:
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or record of a governmental entity receives a written or oral request from a person to inspect , [or] copy or receive a copy of the public book or record, a governmental entity shall do one of the following, as applicable:
(a) [Allow] Except as otherwise provided in subsection 2, allow the person to inspect or copy the public book or record [.] or, if the request is for the person to receive a copy of the public book or record, provide such a copy to the person.
(b) If the governmental entity does not have legal custody or control of the public book or record, provide to the person, in writing:
(1) Notice of that fact; and
(2) The name and address of the governmental entity that has legal custody or control of the public book or record, if known.
(c) Except as otherwise provided in paragraph (d), if the governmental entity is unable to make the public book or record available by the end of the fifth business day after the date on which the person who has legal custody or control of the public book or record received the request, provide to the person, in writing:
(1) Notice of that fact; and
(2) A date and time after which the public book or record will be available for the person to inspect or copy [.] or after which a copy of the public book or record will be available to the person. If the public book or record or the copy of the public book or record is not available to the person [to inspect or copy] by that date and time, the person may inquire regarding the status of the request.
(d) If the governmental entity must deny the persons request [to inspect or copy the public book or record] because the public book or record, or a part thereof, is confidential, provide to the person, in writing:
(1) Notice of that fact; and
(2) A citation to the specific statute or other legal authority that makes the public book or record, or a part thereof, confidential.
2. [The provisions of this section must not be construed to prohibit an oral request] If a public book or record of a governmental entity is readily available for inspection or copying, the person who has legal custody or control of the public book or record shall allow a person who has submitted a request to inspect , [or] copy or receive a copy of a public book or record.
Sec. 3. NRS 239.011 is hereby amended to read as follows:
239.011 1. If a request for inspection , [or] copying or copies of a public book or record open to inspection and copying is denied, the requester may apply to the district court in the county in which the book or record is located for an order [permitting] :
(a) Permitting the requester to inspect or copy [it.] the book or record; or
(b) Requiring the person who has legal custody or control of the public book or record to provide a copy to the requester,
Κ as applicable.
2. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, the requester is entitled to recover his or her costs and reasonable attorneys fees in the proceeding from the governmental entity whose officer has custody of the book or record.
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Sec. 4. NRS 239.052 is hereby amended to read as follows:
239.052 1. Except as otherwise provided in this subsection, a governmental entity may charge a fee for providing a copy of a public record. Such a fee must not exceed the actual cost to the governmental entity to provide the copy of the public record unless a specific statute or regulation sets a fee that the governmental entity must charge for the copy. A governmental entity shall not charge a fee for providing a copy of a public record if a specific statute or regulation requires the governmental entity to provide the copy without charge.
2. A governmental entity may waive all or a portion of a charge or fee for a copy of a public record if the governmental entity:
(a) Adopts a written policy to waive all or a portion of a charge or fee for a copy of a public record; and
(b) Posts, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice that states the terms of the policy.
3. A governmental entity shall prepare and maintain a list of the fees that it charges at each office in which the governmental entity provides copies of public records. A governmental entity shall post, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states:
(a) The fee that the governmental entity charges to provide a copy of a public record; or
(b) The location at which a list of each fee that the governmental entity charges to provide a copy of a public record may be obtained.
4. The fee for providing a copy of a public book or record in the custody of a law library operated by a governmental entity must not exceed 50 cents per page.
Sec. 4.5. NRS 239.055 is hereby amended to read as follows:
239.055 1. Except as otherwise provided in NRS 239.054 regarding information provided from a geographic information system, if a request for a copy of a public record would require a governmental entity to make extraordinary use of its personnel or technological resources, the governmental entity may, in addition to any other fee authorized pursuant to this chapter, charge a fee not to exceed 50 cents per page for such extraordinary use. [Upon] Such a request must be made in writing, and upon receiving such a request, the governmental entity shall inform the requester , in writing, of the amount of the fee before preparing the requested information. The fee charged by the governmental entity must be reasonable and must be based on the cost that the governmental entity actually incurs for the extraordinary use of its personnel or technological resources. The governmental entity shall not charge such a fee if the governmental entity is not required to make extraordinary use of its personnel or technological resources to fulfill additional requests for the same information.
2. As used in this section, technological resources means any information, information system or information service acquired, developed, operated, maintained or otherwise used by a governmental entity.
Sec. 5. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
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(a) The date, time and place of the meeting.
(b) Those members of the public body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.
(e) Any other information which any member of the public body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public , and a copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge, within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to:
(a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
(b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.
(c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. Except as otherwise provided in subsection [6,] 7, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:
(a) Must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded or transcribed;
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(b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the recording or transcript is retained; and
(c) Must be made available to the Attorney General upon request.
5. The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not:
(a) Prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services relating to the transcription of a meeting; or
(b) Require a court reporter who transcribes a meeting to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter to a member of the public at no charge.
6. Except as otherwise provided in subsection [6,] 7, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.
[6.] 7. If a public body makes a good faith effort to comply with the provisions of subsections 4 and [5] 6 but is prevented from doing so because of factors beyond the public bodys reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.
Sec. 6. NRS 1A.100 is hereby amended to read as follows:
1A.100 1. A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court and district judges, and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.
2. The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court or district judge who is not a member of the Public Employees Retirement System is a member of the Judicial Retirement System.
3. The official correspondence and records, other than the files of individual members of the System or retired justices or judges, and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.
Sec. 7. NRS 19.013 is hereby amended to read as follows:
19.013 1. Except as otherwise provided by specific statute, each county clerk shall charge and collect the following fees:
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On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer.................. $56.00
On an appeal to the district court of any case from a justice court or a municipal court, or on the transfer of any case from a justice court or a municipal court............................... 42.00
On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than $2,500 72.00
Where the stated value of the estate is $2,500 or less, no fee may be charged or collected.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner 44.00
On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter 44.00
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by the defendant or defendants.... 44.00
For filing a notice of appeal............................................................. 24.00
For issuing a transcript of judgment and certifying thereto......... 3.00
For preparing any copy of any record, proceeding or paper, for each page , unless such fee is waived by the county clerk.............................................................................................. [1.00] 0.50
For each certificate of the clerk, under the seal of the court........ 3.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for a certificate of the county clerk..................................................... 5.00
For filing all papers not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity................... 15.00
For issuing any certificate under seal, not otherwise provided for 6.00
For searching records or files in the office of the county clerk, for each year [ 1.00]
, unless such fee is waived by the county clerk....................... 0.50
For filing and recording a bond of a notary public, per name... 15.00
For entering the name of a firm or corporation in the register of the county clerk 20.00
2. Except as otherwise provided by specific statute, all fees prescribed in this section are payable in advance if demanded by the county clerk.
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3. The fees set forth in subsection 1 are payment in full for all services rendered by the county clerk in the case for which the fees are paid, including the preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney at law admitted to practice in this State for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or the defendants attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 8. NRS 244A.611 is hereby amended to read as follows:
244A.611 1. The board shall choose one of its members as chair and one of its members as vice chair, and shall elect a secretary and a treasurer, who may be members of the board. The secretary and the treasurer may be one person.
2. The secretary shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all owners of real property in the county as well as to all other interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county. The treasurer shall file with the county clerk, at county expense, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of his or her duties.
Sec. 9. NRS 266.250 is hereby amended to read as follows:
266.250 1. The deliberations, sessions and proceedings of the city council must be public.
2. The city council shall keep written minutes and audio recordings or transcripts of its own proceedings as required pursuant to NRS 241.035. The yeas and nays must be taken upon the passage of all ordinances, and all propositions to create any liability against the city, or to grant, deny, increase, decrease, abolish or revoke licenses, and in all other cases at the request of any member of the city council or of the mayor, which yeas and nays must be entered in the minutes of its proceedings. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. The affirmative vote of a majority of all the members elected to the city council is necessary to pass any such ordinance or proposition.
Sec. 10. NRS 278.290 is hereby amended to read as follows:
278.290 1. Meetings of the board must be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board must be open to the public.
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2. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to NRS 278.010 to 278.630, inclusive.
3. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and audio recordings or transcripts of its proceedings, and shall keep records of its examinations and other official actions, all of which must be filed immediately in the office of the board and, except as otherwise provided in NRS 241.035, are public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 11. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the Commission may meet at the times and places specified by the call of the Chair or a majority of the Commission, but a meeting of the Commission must be held regularly at least once every 3 months.
2. Three members of the Commission constitute a quorum. A quorum may exercise any power conferred on the Commission, but no regulations may be adopted, amended or rescinded except by a majority vote of the entire membership of the Commission.
3. The Commission shall keep minutes and audio recordings or transcripts of the transactions of each meeting. Except as otherwise provided in NRS 241.035, the minutes, audio recordings and transcripts are public records and must be filed with the Division. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 12. NRS 286.110 is hereby amended to read as follows:
286.110 1. A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and must be known as the Public Employees Retirement System. The System is a public agency supported by administrative fees transferred from the retirement funds. The Executive and Legislative Departments of the State Government shall regularly review the System.
2. The System is entitled to use any services provided to state agencies and shall use the services of the Purchasing Division of the Department of Administration, but is not required to use any other service. The purpose of this subsection is to provide to the Board the necessary autonomy for an efficient and economic administration of the System and its program.
3. The official correspondence and records, other than the files of individual members or retired employees, and, except as otherwise provided in NRS 241.035, the minutes, audio recordings, transcripts and books of the System are public records and are available for public inspection. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The respective participating public employers are not liable for any obligation of the System.
Sec. 13. NRS 287.0438 is hereby amended to read as follows:
287.0438 Except for the files of individual members and former members, the correspondence, files, minutes, audio recordings, transcripts and books of the Program are, except as otherwise provided in NRS 241.035, public records.
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public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 14. NRS 318.085 is hereby amended to read as follows:
318.085 Except as otherwise provided in NRS 318.0953 and 318.09533:
1. After taking oaths and filing bonds, the board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
2. The board shall adopt a seal.
3. The secretary shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, any certificates, contracts, bonds given by employees and all corporate acts. Except as otherwise provided in NRS 241.035, the book, audio recordings, transcripts and records must be open to inspection of all owners of real property in the district as well as to all other interested persons. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records. The treasurer shall file with the county clerk, at the expense of the district, a corporate surety bond in an amount not more than $50,000, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of the duties of his or her office. Any other officer or trustee who actually receives or disburses money of the district shall furnish a bond as provided in this subsection. The board of county commissioners may, upon good cause shown, increase or decrease the amount of that bond.
5. Except as otherwise provided in this subsection, each member of a board of trustees of a district organized or reorganized pursuant to this chapter may receive as compensation for his or her service not more than $6,000 per year. Each member of a board of trustees of a district that is organized or reorganized pursuant to this chapter and which is granted the powers set forth in NRS 318.140, 318.142 and 318.144 may receive as compensation for his or her service not more than $9,000 per year. The compensation of the members of a board is payable monthly, if the budget is adequate and a majority of the members of the board vote in favor of such compensation, but no member of the board may receive any other compensation for his or her service to the district as an employee or otherwise. Each member of the board must receive the same amount of compensation. If a majority of the members of the board vote in favor of an increase in the compensation of the trustees, the increase may not become effective until January 1 of the calendar year immediately following the next biennial election of the district as set forth in NRS 318.095.
Sec. 15. NRS 361.365 is hereby amended to read as follows:
361.365 1. Each county board of equalization shall, at the expense of the county, cause complete minutes and an audio recording or transcript to be taken at each hearing. In addition to the requirements of NRS 241.035, these minutes must include the title of all exhibits, papers, reports and other documentary evidence submitted to the county board of equalization by the complainant. The clerk of the county board of equalization shall forward the minutes and audio recordings or transcripts to the Secretary of the State Board of Equalization.
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minutes and audio recordings or transcripts to the Secretary of the State Board of Equalization. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
2. If a transcript of any hearing held before the county board of equalization is requested by the complainant, he or she shall furnish the reporter, pay for the transcript and deliver a copy of the transcript to the clerk of the county board of equalization and the Secretary of the State Board of Equalization upon filing an appeal.
Sec. 16. NRS 384.070 is hereby amended to read as follows:
384.070 1. The Commission may establish and maintain an office in Virginia City, Storey County, Nevada, in which, except as otherwise provided in NRS 241.035, there must be at all times open to public inspection a complete record of applications for certificates of appropriateness and their disposition, minutes and audio recordings or transcripts of the Commissions meetings, and any regulations adopted by the Commission. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
2. The Commission shall maintain a library in the office for the purpose of guiding applicants in their design or embellishment of the exterior of their buildings, new or remodeled. The library must consist of, but not be limited to, documents, paintings, photographs, drawings and histories descriptive of the period which are deemed appropriate guidelines to the applicant. A card index system must also be made and maintained for reference to more comprehensive information in libraries other than the one maintained by the Commission.
Sec. 17. NRS 422.2369 is hereby amended to read as follows:
422.2369 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division is responsible, the Administrator must give at least 30 days notice of the intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.
4. The Administrator shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035.
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each public hearing held pursuant to this section in the manner provided in NRS 241.035. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
5. An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.
Sec. 18. NRS 422A.120 is hereby amended to read as follows:
422A.120 1. The members of the Board shall meet at least twice each calendar year to consider any issues related to public assistance and other programs for which the Division is responsible that may be of importance to members of the general public, the Governor or the Division, at such places as the Board, the Chair of the Board, the Administrator or the Director deems appropriate.
2. Four members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board.
3. The Board shall:
(a) At least 14 days before the date it holds a meeting, provide public notice of the date, time and location of the meeting, in addition to the notice required pursuant to NRS 241.020.
(b) Keep minutes of all meetings of the Board, which must include records of testimony and written comments presented to the Board, and audio recordings or transcripts of all meetings of the Board and file the minutes and audio recordings or transcripts with the Division. Except as otherwise provided in NRS 241.035, the minutes and audio recordings or transcripts must be maintained as public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 19. NRS 422A.190 is hereby amended to read as follows:
422A.190 1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division is responsible, the Administrator must give at least 30 days notice of the intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.
κ2013 Statutes of Nevada, Page 332 (CHAPTER 98, SB 74)κ
4. The Administrator shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
5. No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.
Sec. 20. NRS 541.110 is hereby amended to read as follows:
541.110 1. Each director before entering upon his or her official duties shall take and subscribe to an oath, before a person authorized to administer oaths, that he or she will support the Constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of the office.
2. Upon taking oath, the board shall choose one of their number chair of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which, except as otherwise provided in NRS 241.035, must be open to inspection of all owners of property in the district, as well as to all other interested persons. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. Each member of the board is entitled to receive as compensation for his or her service such sum as may be ordered by the board, not in excess of the sum of $80 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
Sec. 21. NRS 543.330 is hereby amended to read as follows:
543.330 1. The board shall meet in July of each year to organize and choose one of its members as chair of the board and president of the district, and elect a secretary of the board and of the district, who may or may not be a member of the board.
2. The county treasurer is the treasurer of the board and of the district.
3. The secretary shall keep audio recordings or transcripts of all meetings and, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which, except as otherwise provided in NRS 241.035, must be open to inspection by all owners of real property in the district as well as other interested persons. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records.
5. No member of the board may receive compensation for the members services, but members may be reimbursed for their necessary expenses in attending district meetings and for necessary expenses incurred in traveling within and without the State when required to carry out the affairs of the district.
κ2013 Statutes of Nevada, Page 333 (CHAPTER 98, SB 74)κ
expenses in attending district meetings and for necessary expenses incurred in traveling within and without the State when required to carry out the affairs of the district.
Sec. 22. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the Board may meet at such times and at such places as may be specified by the call of the Chair or a majority of the Board, and a meeting of the Board may be held regularly at least once every 3 months. In case of an emergency, special meetings may be called by the Chair or by the Director.
2. Six members of the Board constitute a quorum. A quorum may exercise all the authority conferred on the Board.
3. Minutes and audio recordings or transcripts of each meeting, regular or special, must be filed with the Department and, except as otherwise provided in NRS 241.035, are public records. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
Sec. 23. NRS 590.505 is hereby amended to read as follows:
590.505 1. The Board may adopt a seal for its own use which must have imprinted thereon the words Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the Secretary-Treasurer of the Board.
2. The Board may appoint an Executive Secretary and may employ or, pursuant to NRS 333.700, contract with such other technical, clerical or investigative personnel as it deems necessary. The Board shall fix the compensation of the Executive Secretary and all other employees and independent contractors. Such compensation must be paid out of the money of the Board. The Board may require the Executive Secretary and any other employees and independent contractors to give a bond to the Board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the Board.
3. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the Board:
(a) Shall adopt written policies setting forth procedures and methods of operation for the Board.
(b) May adopt such regulations as it deems necessary.
4. The Board shall submit to the Legislature and the Governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the Board during the period and any complaints received by the Board.
5. The Board shall keep accurate records, minutes and audio recordings or transcripts of all meetings and, except as otherwise provided in NRS 241.035, the records, minutes, audio recordings and transcripts so kept must be open to public inspection at all reasonable times. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035. The Board shall also keep a record of all applications for licenses and licenses issued by it. The record of applications and licenses is a public record.
κ2013 Statutes of Nevada, Page 334 (CHAPTER 98, SB 74)κ
Sec. 24. Section 7 of the Airport Authority Act for Battle Mountain, being chapter 458, Statutes of Nevada 1983, as amended by chapter 373, Statutes of Nevada 2005, at page 1417, is hereby amended to read as follows:
Sec. 7. 1. The Board shall elect a Chair, Vice Chair, Secretary and Treasurer, who must be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on the date their successors are elected and qualified in the general election.
2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority. The Treasurer shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his or her duties.
Sec. 25. Section 6 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, as amended by chapter 373, Statutes of Nevada 2005, at page 1417, is hereby amended to read as follows:
Sec. 6. 1. The Board shall elect a Chair, Vice Chair, Secretary and Treasurer from its members. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. Except as otherwise provided in NRS 241.035, the records must be open to the inspection of all interested persons, at a reasonable time and place. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. The Treasurer shall keep an accurate account of all money received by and disbursed on behalf of the Board and the Authority. The Treasurer shall file with the Clerk of Carson City, at the expense of the Authority, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his or her duties.
Sec. 26. Section 7 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, as last amended by chapter 373, Statutes of Nevada 2005, at page 1418, is hereby amended to read as follows:
Sec. 7. 1. The Board shall choose one of its members as Chair and one of its members as Vice Chair, and shall elect a Secretary and a Treasurer, who may be members of the Board.
κ2013 Statutes of Nevada, Page 335 (CHAPTER 98, SB 74)κ
a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each year.
2. Chairs must be selected from trustees appointed by the participating local governments in the following order:
(a) The City of Reno;
(b) The City of Sparks;
(c) Washoe County; and
(d) The County Fair and Recreation Board of Washoe County.
3. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
4. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Authority. The Treasurer shall file with the County Clerk, at Authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his or her duties.
Sec. 27. Section 9.5 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, as added by chapter 369, Statutes of Nevada 2005, at page 1386, 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 to 338.090, inclusive, apply to any construction work performed pursuant to the contract; and
κ2013 Statutes of Nevada, Page 336 (CHAPTER 98, SB 74)κ
(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 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:
(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:
κ2013 Statutes of Nevada, Page 337 (CHAPTER 98, SB 74)κ
(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.
(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. A copy of the minutes must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
κ2013 Statutes of Nevada, Page 338 (CHAPTER 98, SB 74)κ
copy of the minutes must be made available to a member of the public upon request at no charge pursuant to 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. A copy of the audio recordings must be made available to a member of the public upon request at no charge pursuant to 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.
5. 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. 28. Section 9 of the Elko Convention and Visitors Authority Act, being chapter 227, Statutes of Nevada 1975, as last amended by chapter 373, Statutes of Nevada 2005, at page 1418, is hereby amended to read as follows:
Sec. 9. 1. The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon election or acceptance of his or her appointment, file with the Clerk of Elko County his or her oath of office.
2. No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his or her official representative capacity.
3. At the first meeting of the Board following each general authority election, the Board shall choose one of its members as Chair and one of its members as Vice Chair, and shall appoint or hire a Secretary and a Treasurer, who must not be members of the Board. The Secretary and Treasurer may not be one person.
4. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records are open to the inspection of all interested persons, at all reasonable times and places.
κ2013 Statutes of Nevada, Page 339 (CHAPTER 98, SB 74)κ
persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
5. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board. The Treasurer shall file with the County Clerk, at the Authoritys expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the Treasurer.
6. The Board shall appoint the Elko County Treasurer and Auditor to act as Treasurer and Auditor of the Authority. The Treasurer and Auditor may employ such persons as are necessary to carry out the duties of the Treasurer and Auditor of the Authority. The Board shall determine the salary of each person employed pursuant to this subsection. The salaries and expenses of the employees must be paid by the Board from the money of the Authority.
7. The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.
8. The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his or her duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his or her duties.
Sec. 29. Section 4 of the Nevada Commission for the Reconstruction of the V & T Railway Act of 1993, being chapter 566, Statutes of Nevada 1993, as last amended by chapter 373, Statutes of Nevada 2005, at page 1419, is hereby amended to read as follows:
Sec. 4. 1. Each commissioner appointed pursuant to paragraph (b), (c), (d) or (e) of subsection 1 of section 3 of this act shall file his or her oath of office with the clerk of the county from which the commissioner was appointed, and all other commissioners shall file their oaths of office with the Clerk of Carson City.
2. The commissioners must serve without compensation, but a commissioner may be reimbursed for expenses actually incurred for travel authorized by the Commission.
3. The Commission shall elect a Chair, Vice Chair, Secretary and Treasurer from among its members. The Secretary and the Treasurer may be one person. The terms of the officers expire on July 1 of each odd-numbered year.
4. The Secretary shall maintain audio recordings or transcripts of all meetings of the Commission and a record of all of the proceedings of the Commission, minutes of all meetings, certificates, contracts and other acts of the Commission. Except as otherwise provided in NRS 241.035, the records must be open to the inspection of all interested persons at a reasonable time and place. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
κ2013 Statutes of Nevada, Page 340 (CHAPTER 98, SB 74)κ
5. The Treasurer shall keep an accurate account of all money received by and disbursed on behalf of the Commission. The Treasurer shall file with the Clerk of Carson City, at the expense of the Commission, a fidelity bond in an amount not less than $10,000, conditioned for the faithful performance of his or her duties.
Sec. 30. Section 27 of the Western Regional Water Commission Act, being chapter 531, Statutes of Nevada 2007, at page 3291, is hereby amended to read as follows:
Sec. 27. 1. The Board shall elect one of its members as Chair and one of its members as Vice Chair, and shall elect a Secretary and a Treasurer, who may be members of the Board. The Secretary and the Treasurer may be the same person. The terms of the officers expire on December 31 of each year.
2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board and, in a well-bound book, a record of all the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees and all other acts of the Board. Except as otherwise provided in NRS 241.035, the minute book, audio recordings, transcripts and records must be open to the inspection of all interested persons, at all reasonable times and places. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.
3. The Treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board and the Regional Water Commission.
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Senate Bill No. 77Senator Manendo
CHAPTER 99
[Approved: May 23, 2013]
AN ACT relating to marriage; removing the prospective expiration of provisions providing for the establishment of county programs for the issuance of marriage licenses by certain commercial wedding chapels; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that before two people may be joined in marriage, they must obtain a marriage license from a county clerk or an authorized commercial wedding chapel in the State. (NRS 122.040, 122.0615) Legislation passed during the 76th Legislative Session provides for the establishment of temporary county programs for the issuance of marriage licenses by certain commercial wedding chapels. (Chapter 359, Statutes of Nevada 2011, p. 2046) This bill removes the prospective expiration for such provisions, making the provisions for such programs permanent.
κ2013 Statutes of Nevada, Page 341 (CHAPTER 99, SB 77)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. Section 12 of chapter 359, Statutes of Nevada 2011, at page 2046, is hereby amended to read as follows:
Sec. 12. [1.] This act becomes effective upon passage and approval.
[2. This section and sections 1 to 9.5, inclusive, and 10 and 11 of this act expire by limitation on June 30, 2013.]
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 2Committee on Natural Resources, Agriculture, and Mining
CHAPTER 100
[Approved: May 24, 2013]
AN ACT relating to public lands; revising the provisions governing the Land Use Planning Advisory Council, the membership of the Advisory Council and the appointment of persons to the Advisory Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Land Use Planning Advisory Council, consisting of 17 members appointed by the Governor, advises the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources on matters relating to land use planning and the development of plans and policy statements involving the acquisition of lands under federal management. (NRS 321.740, 321.750) The Executive Council of the Land Use Planning Advisory Council, which includes four persons selected by the Advisory Council from among its members, makes recommendations for land use planning in areas of critical environmental concern and to resolve inconsistencies between the land use plans of local government entities. (NRS 321.755)
Section 1 of this bill makes various changes to provisions governing the Advisory Council and specifically provides for the addition to the Advisory Council of 1 nonvoting member, to be appointed by the Nevada Association of Counties. Section 1 also provides that the remaining 17 voting members of the Advisory Council are to be nominated by the boards of county commissioners of the various counties in this State and appointed by the Governor, with 1 member being appointed from each county.
Pursuant to section 2 of this bill, the term of each current member of the Advisory Council and current member of the Executive Council of the Advisory Council expires on December 31, 2013. Section 2 further provides that the 17 voting members must be nominated and appointed to initial terms that begin on January 1, 2014, and that current members of the Advisory Council are eligible for appointment to the Advisory Council in accordance with the amendatory provisions of section 1. In addition, section 2 provides for the staggering of the terms of the voting members.
κ2013 Statutes of Nevada, Page 342 (CHAPTER 100, AB 2)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 321.740 is hereby amended to read as follows:
321.740 1. The Land Use Planning Advisory Council, consisting of 17 voting members appointed by the Governor [,] and 1 nonvoting member appointed by the Nevada Association of Counties, or its successor organization, is hereby created. The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.
2. One voting member must be appointed to the Advisory Council to represent each county. At least 30 days before the beginning of any term of the representative of a county, or within 30 days after the position of that representative becomes vacant, the board of county commissioners of that county shall submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county for the position to be filled. If a board of county commissioners submits the names of two or more nominees, the board shall number its nominees in order of preference. That order of preference is not binding upon the Governor. The Governor shall appoint [members who are elected officials or representatives of local political subdivisions, one member from each county.
3. Members are] the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.
3. If a board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection 2, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county. If a board has timely submitted the name of its nominee or a list of nominees and the Governor fails to appoint a person so nominated:
(a) If one person has been nominated, that person; or
(b) If two or more persons have been nominated, the person listed by the board first in order of preference,
Κ shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board shall submit to the Governor the name of a new nominee or a list of new nominees.
4. After the initial terms, each voting member serves a term of 3 years and is eligible for reappointment to the Advisory Council.
5. The nonvoting member of the Advisory Council serves at the pleasure of the Nevada Association of Counties, or its successor organization.
6. At its first meeting each year, the Advisory Council shall elect a Chair from among its members.
κ2013 Statutes of Nevada, Page 343 (CHAPTER 100, AB 2)κ
7. A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Council.
8. A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses [and subsistence allowances] provided by law for [their positions from the local political subdivisions.] state officers and employees generally.
Sec. 2. 1. Notwithstanding the provisions of NRS 232A.020 and 321.755 to the contrary, the term of each member of the Land Use Planning Advisory Council and each member of the Executive Council of the Land Use Planning Advisory Council expires on December 31, 2013. Each such member is eligible for nomination and appointment as a voting member of the Advisory Council in accordance with the provisions of NRS 321.740, as amended by section 1 of this act.
2. On or after July 1, 2013, the board of county commissioners of each county shall nominate, and the Governor shall appoint, a voting member to the Advisory Council in accordance with the provisions of NRS 321.740, as amended by section 1 of this act, to a term that begins on January 1, 2014.
3. The initial term of the members appointed to the Advisory Council pursuant to subsection 2 as the representatives of:
(a) Carson City, Clark, Douglas, Elko, Lyon and Nye Counties expires on December 31, 2014.
(b) Churchill, Humboldt, Lander, Pershing, Washoe and White Pine Counties expires on December 31, 2015.
(c) Esmeralda, Eureka, Lincoln, Mineral and Storey Counties expires on December 31, 2016.
Sec. 3. 1. This section and section 2 of this act become effective on July 1, 2013.
2. Section 1 of this act becomes effective on January 1, 2014.
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Assembly Bill No. 11Committee on Commerce and Labor
CHAPTER 101
[Approved: May 24, 2013]
AN ACT relating to industrial insurance; revising the provision which requires an insurer to submit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a written report concerning certain claims for compensation; and providing other matters properly relating thereto.
κ2013 Statutes of Nevada, Page 344 (CHAPTER 101, AB 11)κ
Legislative Counsels Digest:
Existing law requires an insurer to submit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a written report concerning certain claims relating to diseases of the heart or lungs and occupational diseases that are infectious or relate to cancer. (NRS 617.357) This bill revises that provision by requiring an insurer to submit such a report only if the claimant is a firefighter, police officer, including a peace officer, arson investigator or emergency medical attendant.
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. 2. NRS 617.357 is hereby amended to read as follows:
617.357 1. Each insurer shall submit to the Administrator a written report concerning each claim for compensation in which the claimant is a firefighter, police officer, arson investigator or emergency medical attendant that is filed with the insurer [for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer.] pursuant to NRS 617.453, 617.455, 617.457, 617.481, 617.485 or 617.487. The written report must be submitted to the Administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:
(a) A statement specifying the nature of the claim;
(b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;
(c) A statement indicating the estimated medical costs for the claim; and
(d) Any other information required by the Administrator.
2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the Administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.
3. On or before February 1 of each year, the Administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:
(a) The information submitted to the Administrator by an insurer pursuant to this section during the immediately preceding year; and
(b) Any other information concerning those claims required by the Administrator.
4. As used in this section, the term police officer includes a peace officer as that term is defined in subsection 3 of NRS 289.010.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 345κ
Assembly Bill No. 17Committee on Education
CHAPTER 102
[Approved: May 24, 2013]
AN ACT relating to governmental administration; revising provisions governing the conditions under which the access of a school district employee operating a program of education for incarcerated persons at a facility or institution operated by the Department of Corrections may be restricted; revising provisions governing the interagency panel convened to conduct a hearing on the matter; requiring the Director of the Department to take proper measures to protect the health and safety of school district employees operating such a program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Education to establish a statewide program of education for incarcerated persons. (NRS 388.575) Existing law also requires that if a manager or warden excludes from a facility or institution operated by the Department of Corrections a person employed by a school district to operate a program of education for incarcerated persons in the facility or institution, an interagency panel must be convened to conduct a hearing to determine whether to uphold the exclusion. (NRS 388.583) Section 1 of this bill removes the reference to a manager or warden excluding a school district employee from a facility or institution and instead authorizes the Director of the Department of Corrections, upon good cause shown, to restrict the access of such an employee to a facility or institution for not more than 30 days. During the 30-day period, the interagency panel must be convened to conduct a hearing and render a final decision on the matter. Section 1 also defines good cause shown to include the failure of a school district employee to adhere to rules or regulations of the Director pertaining to health and safety and to exclude disagreements over the courses of study for the program of education.
Under existing law, the Director of the Department is required to take proper measures to protect the health and safety of the staff and offenders in the institutions. (NRS 209.131) Section 2 of this bill requires the Director to take proper measures to protect the health and safety of school district employees who operate a program of education for incarcerated persons in an institution or facility.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.583 is hereby amended to read as follows:
388.583 1. [If a manager or warden excludes from the facility or institution] The Director of the Department of Corrections may, upon good cause shown, restrict the access of a person employed by a school district to operate a program of education for incarcerated persons [in the] to a facility or institution [,] in which the program is operated for not more than 30 days. Within the 30-day period, an interagency panel must be convened [.] to conduct a hearing and render a final decision pursuant to subsection 2.
κ2013 Statutes of Nevada, Page 346 (CHAPTER 102, AB 17)κ
2. The interagency panel must:
(a) Consist of:
(1) The Director of the Department of Corrections or the Directors designee;
(2) The Superintendent of Public Instruction or the Superintendents designee; and
(3) The immediate supervisor of the person employed by the school district.
(b) Conduct a hearing in compliance with all applicable provisions of chapter 233B of NRS.
3. The decision of the interagency panel is a final decision in a contested case.
4. For purposes of subsection 1, good cause shown:
(a) May include the failure of a person employed by a school district to adhere to rules or regulations established by the Director of the Department of Corrections to protect the health and safety of staff of the facility or institution, offenders in the facility or institution and employees of the school district who operate a program of education for incarcerated persons in a facility or institution.
(b) May not include disagreements over the content of the courses of study for such a program of education.
Sec. 2. NRS 209.131 is hereby amended to read as follows:
209.131 The Director shall:
1. Administer the Department under the direction of the Board.
2. Supervise the administration of all institutions and facilities of the Department.
3. Receive, retain and release, in accordance with law, offenders sentenced to imprisonment in the state prison.
4. Be responsible for the supervision, custody, treatment, care, security and discipline of all offenders under his or her jurisdiction.
5. Ensure that any person employed by the Department whose primary responsibilities are:
(a) The supervision, custody, security, discipline, safety and transportation of an offender;
(b) The security and safety of the staff; and
(c) The security and safety of an institution or facility of the Department,
Κ is a correctional officer who has the powers of a peace officer pursuant to subsection 1 of NRS 289.220.
6. Establish regulations with the approval of the Board and enforce all laws governing the administration of the Department and the custody, care and training of offenders.
7. Take proper measures to protect the health and safety of the staff and offenders in the institutions and facilities of the Department.
8. Take proper measures to protect the health and safety of persons employed by a school district to operate a program of education for incarcerated persons in an institution or facility pursuant to NRS 388.573 to 388.583, inclusive.
9. Cause to be placed from time to time in conspicuous places about each institution and facility copies of laws and regulations relating to visits and correspondence between offenders and others.
κ2013 Statutes of Nevada, Page 347 (CHAPTER 102, AB 17)κ
[9.] 10. Provide for the holding of religious services in the institutions and facilities and make available to the offenders copies of appropriate religious materials.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 19Committee on Natural
Resources, Agriculture, and Mining
CHAPTER 103
[Approved: May 24, 2013]
AN ACT relating to governmental administration; providing for the nomination and appointment of an additional member to the Nevada Junior Livestock Show Board; transferring the duties of the State Advisory Board of Trustees for the Trust Relating to the Fairground to the Nevada Junior Livestock Show Board; abolishing the State Advisory Board of Trustees for the Trust Relating to the Fairground; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Junior Livestock Show Board, consisting of seven members appointed by the Governor. (NRS 563.020, 563.030) Section 1 of this bill increases the number of members on the Board to eight. Section 2 of this bill requires the additional member of the Board to be a member of the Reno Rodeo Association nominated by its President.
Existing law also creates the State Advisory Board of Trustees for the Trust Relating to the Fairground and requires the Advisory Board to perform certain duties relating to the real property leased to Washoe County for use as a fairground. (NRS 551.020) Section 4 of this bill abolishes the Advisory Board. Section 3 of this bill transfers the duties of the Advisory Board to the Nevada Junior Livestock Show Board.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 563.020 is hereby amended to read as follows:
563.020 The Nevada Junior Livestock Show Board [shall be composed] consists of [seven] eight members [to be] appointed by the Governor.
Sec. 2. NRS 563.030 is hereby amended to read as follows:
563.030 1. One member of the Board must be a member of the teaching staff of the College of Agriculture, Biotechnology and Natural Resources of the University of Nevada, Reno.
2. One member of the Board must be a member of the staff of the University of Nevada Cooperative Extension.
3. One member of the Board must be a secondary agriculture educator nominated by the agriculture education program professional at the Department of Education.
κ2013 Statutes of Nevada, Page 348 (CHAPTER 103, AB 19)κ
4. One member of the Board must be a member of the Reno Rodeo Association nominated by its President.
5. Four members of the Board must be persons concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers, selected as follows:
(a) Two persons whose interest is in cattle and sheep;
(b) One person whose interest is in general agriculture; and
(c) One person whose interest is in dairying.
[5.] 6. All members must be residents of the State of Nevada.
Sec. 3. NRS 563.080 is hereby amended to read as follows:
563.080 1. The Board shall have possession and care of all property of the Nevada Junior Livestock Show and the Nevada Youth Livestock and Dairy Show and shall be entrusted with the direction of the entire business and financial affairs of these exhibitions.
2. The Board may:
(a) Appoint employees and define their duties.
(b) Adopt bylaws, rules and regulations for the government of the Nevada Junior Livestock Show Board, the Nevada Junior Livestock Show and the Nevada Youth Livestock and Dairy Show and for all exhibitions of livestock.
(c) Acquire or lease real and personal property, buildings and improvements.
3. The Board shall review:
(a) All uses of the real property leased to Washoe County for use as a fairground; and
(b) Any physical improvements or changes to the facilities at the fairground,
Κ to ensure that the use of the property for purposes related to agriculture and livestock continues to comply with the provisions of the trust relating to the fairground imposed upon the conveyance.
Sec. 4. NRS 551.020 is hereby repealed.
Sec. 5. 1. As soon as practicable after the effective date of this act, the President of the Reno Rodeo Association shall:
(a) Nominate the member of the Nevada Junior Livestock Show Board described in subsection 4 of NRS 563.030, as amended by section 2 of this act; and
(b) Submit the name and address of the person nominated to the Governor.
2. Upon receipt of the name and address of the person nominated pursuant to subsection 1, the Governor shall appoint that person to serve as a member of the Nevada Junior Livestock Show Board.
Sec. 6. This act becomes effective upon passage and approval.
________
κ2013 Statutes of Nevada, Page 349κ
Assembly Bill No. 23Committee on Commerce and Labor
CHAPTER 104
[Approved: May 24, 2013]
AN ACT relating to manufactured homes; clarifying that certain provisions governing providers of services pertinent to the sale, installation and occupancy of manufactured homes apply to persons who work on both new and used manufactured homes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law: (1) a provider of services is defined to be a person who performs work pertinent to the sale, installation and occupancy of a new manufactured home; (2) a dealer of new manufactured homes is allowed to enter into a written agreement pursuant to which a provider of services agrees to perform work pertinent to the sale, installation and occupancy of a manufactured home, but the dealer remains responsible for the workmanship and completion of such work; (3) a dealer of manufactured homes is prohibited from requiring the buyer of a manufactured home to obtain services from a specific provider of services; and (4) a provider of services is required, before performing any work, to enter into a written agreement with each person for whom the provider of services will perform work which is pertinent to the sale, installation and occupancy of a manufactured home. (NRS 489.716) This bill expands the definition of provider of services to include any person who performs work pertinent to the sale, installation and occupancy of a manufactured home, regardless of whether the manufactured home is new or used.
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 489.716 is hereby amended to read as follows:
489.716 1. A dealer of new manufactured homes who is licensed pursuant to chapter 624 of NRS may enter into written agreements pursuant to which appropriately licensed providers of service agree to perform work pertinent to the sale, installation and occupancy of a manufactured home. If such a dealer enters into such a written agreement, the dealer is responsible for the workmanship and completion of all parts of the project involving the sale, installation and occupancy of the manufactured home, including, without limitation, any work performed by a provider of service pursuant to the written agreement.
2. A dealer of manufactured homes, regardless of whether the dealer is licensed pursuant to chapter 624 of NRS, shall not require a buyer of a manufactured home to obtain services to be performed pertinent to the sale, installation or occupancy of the manufactured home from a specific provider [.] of services. The dealer shall disclose to the buyer in writing the fact that the dealer is prohibited from requiring the buyer to obtain such services from a specific provider of services.
3. Before performing any work, a provider of services shall enter into a written agreement with each person for whom the provider of services will perform work which is pertinent to the sale, installation or occupancy of a manufactured home, including, without limitation, a dealer of manufactured homes, a person who owns a manufactured home and any person who is purchasing a manufactured home.
κ2013 Statutes of Nevada, Page 350 (CHAPTER 104, AB 23)κ
manufactured home, including, without limitation, a dealer of manufactured homes, a person who owns a manufactured home and any person who is purchasing a manufactured home. The written agreement must include provisions specifying:
(a) The scope of work;
(b) The cost for completion of the work;
(c) The date on which work will begin;
(d) The anticipated date for completion of the work; and
(e) That no additional work may be performed and no additional costs may be charged unless agreed to in writing before the additional work is performed or costs are incurred.
4. As used in this section, provider of services means any person who performs work pertinent to the sale, installation and occupancy of a [new] manufactured home.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 25Committee on Government Affairs
CHAPTER 105
[Approved: May 24, 2013]
AN ACT relating to local governments; revising provisions governing the imposition of special assessments for the abatement of certain conditions and nuisances on property; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if an owner of property fails to abate a dangerous or noxious condition, a chronic nuisance or, in a city in larger counties, an abandoned nuisance on the property after being directed to do so, the owner may be required to pay civil penalties as well as any costs incurred by the city or county, as applicable, to abate the condition or nuisance. In addition to any other reasonable means of recovering those costs and penalties, the city or county, as applicable, is authorized to make the costs and penalties a special assessment against the property and collect the special assessment in the same manner as ordinary county taxes are collected. However, before a special assessment for civil penalties may be imposed, existing law requires that 12 months must have elapsed after the final date specified for the abatement of the condition or nuisance. (NRS 244.3603, 244.3605, 268.4122-268.4126)
This bill provides that a special assessment for the costs of abatement and civil penalties may be imposed by a designee of the governing body of a city or the board of county commissioners, as applicable. If a special assessment is imposed by a designee of the governing body or the board, the bill requires that the designee periodically report certain information about each such assessment to the governing body or the board. The bill also shortens in some cases, from 12 months to 180 days, the length of time that must elapse before a special assessment for civil penalties may be imposed.
κ2013 Statutes of Nevada, Page 351 (CHAPTER 105, AB 25)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 268.4122 is hereby amended to read as follows:
268.4122 1. The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:
(a) Repair, safeguard or eliminate a dangerous structure or condition;
(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
Κ to protect the public health, safety and welfare of the residents of the city.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.
(2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.
(3) Afforded an opportunity for a hearing before the designee of the governing body relating to the order of abatement and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.
(4) Afforded an opportunity for a hearing before the designee of the governing body relating to the imposition of civil penalties and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.
(e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.
3. The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;
κ2013 Statutes of Nevada, Page 352 (CHAPTER 105, AB 25)κ
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or
(c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 5, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
5. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:
(a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties is more than $5,000.
6. If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:
(a) The street address or assessors parcel number of the property;
(b) The name of each owner of record of the property as of the date of the assessment; and
(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.
7. As used in this section, dangerous structure or condition means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:
(a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance or safety; or
(b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.
Sec. 2. NRS 268.4124 is hereby amended to read as follows:
268.4124 1. The governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:
κ2013 Statutes of Nevada, Page 353 (CHAPTER 105, AB 25)κ
(a) Seek the abatement of a chronic nuisance that is located or occurring within the city;
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on the property of two or more nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the city attorney for legal action.
(2) If the nuisance is not an immediate danger to the public health, safety and welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the nuisance.
(3) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:
(a) Impose a civil penalty:
(1) If the property is nonresidential property, of not more than $750 per day; or
(2) If the property is residential property, of not more than $500 per day,
Κ for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the city for the cost incurred by the city in abating the condition;
(c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
κ2013 Statutes of Nevada, Page 354 (CHAPTER 105, AB 25)κ
5. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:
(a) At least [12 months] 180 days have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties is more than $5,000.
6. If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:
(a) The street address or assessors parcel number of the property;
(b) The name of each owner of record of the property as of the date of the assessment; and
(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.
7. As used in this section:
(a) A chronic nuisance exists:
(1) When three or more nuisance activities exist or have occurred during any 30-day period on the property.
(2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property.
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.
(5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(I) The building or place has not been deemed safe for habitation by a governmental entity; or
(II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
(b) Commercial real estate has the meaning ascribed to it in NRS 645.8711.
(c) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(d) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(e) Nuisance activity means:
κ2013 Statutes of Nevada, Page 355 (CHAPTER 105, AB 25)κ
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;
(3) Excessive noise and violations of curfew; or
(4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.
(f) Person associated with the property means a person who, on the occasion of a nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Κ a property or a person present on the property.
(g) Residential property means:
(1) Improved real estate that consists of not more than four residential units;
(2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or
(3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
Κ The term does not include commercial real estate.
Sec. 3. NRS 268.4126 is hereby amended to read as follows:
268.4126 1. The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:
(a) The abatement of an abandoned nuisance that is located or occurring within the city;
(b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;
(c) Authorization for the city to take the actions described in paragraphs (a) and (b);
(d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and
(e) Any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action.
(2) If the abandoned nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the abandoned nuisance.
(3) Afforded an opportunity for a hearing before a court of competent jurisdiction.
κ2013 Statutes of Nevada, Page 356 (CHAPTER 105, AB 25)κ
(b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:
(1) Abate the abandoned nuisance on the property; or
(2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.
3. If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:
(a) Impose a civil penalty:
(1) If the property is nonresidential property, of not more than $750 per day; or
(2) If the property is residential property, of not more than $500 per day,
Κ for each day that the abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;
(b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;
(c) If the owner of the property fails to comply with the order:
(1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and
(2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and
(d) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city or its designee may make the expense and civil penalties a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
5. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:
(a) At least [12 months] 180 days have elapsed after the date specified in the order of the court by which the owner must abate the abandoned nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the abandoned nuisance, whichever is later;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and
κ2013 Statutes of Nevada, Page 357 (CHAPTER 105, AB 25)κ
(c) The amount of the uncollected civil penalties is more than $5,000.
6. If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:
(a) The street address or assessors parcel number of the property;
(b) The name of each owner of record of the property as of the date of the assessment; and
(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.
7. As used in this section:
(a) An abandoned nuisance exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:
(1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or
(2) A person associated with the property has caused or engaged in two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.
(b) Abandoned nuisance activity means:
(1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;
(2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;
(3) The presence of unsanitary conditions or hazardous materials;
(4) The lack of adequate lighting, fencing or security;
(5) Indicia of the presence or activities of gangs;
(6) Environmental hazards;
(7) Violations of city codes, ordinances or other adopted policy; or
(8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.
(c) Commercial real estate has the meaning ascribed to it in NRS 645.8711.
(d) Person associated with the property means a person who, on the occasion of an abandoned nuisance activity, has:
(1) Entered, patronized or visited;
(2) Attempted to enter, patronize or visit; or
(3) Waited to enter, patronize or visit,
Κ a property or a person present on the property.
(e) Residential property means:
(1) Improved real estate that consists of not more than four residential units;
(2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or
(3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
Κ The term does not include commercial real estate.
κ2013 Statutes of Nevada, Page 358 (CHAPTER 105, AB 25)κ
Sec. 3.3. NRS 244.3601 is hereby amended to read as follows:
244.3601 1. Notwithstanding the abatement procedures set forth in NRS 244.360 or 244.3605, a board of county commissioners may, by ordinance, provide for a reasonable means to secure or summarily abate a dangerous structure or condition that at least three persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department, determine in a signed, written statement to be an imminent danger.
2. Except as otherwise provided in subsection 3, the owner of the property on which the structure or condition is located must be given reasonable written notice that is:
(a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or
(b) Posted on the property,
Κ before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure or summarily abate the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.
3. If it is determined in the signed, written statement provided pursuant to subsection 1 that the structure or condition is an imminent danger and the result of the imminent danger is likely to occur before the notice and an opportunity to challenge the action can be provided pursuant to subsection 2, then the structure or condition which poses such an imminent danger that presents an immediate hazard may be summarily abated. A structure or condition summarily abated pursuant to this section may only be abated to the extent necessary to remove the imminent danger that presents an immediate hazard. The owner of the structure or condition which is summarily abated must be given written notice of the abatement after its completion. The notice must state clearly that the owner of the property may seek judicial review of the summary abatement and must provide an address and telephone number at which the owner may obtain additional information concerning the summary abatement.
4. The costs of securing or summarily abating the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. As used in this section:
(a) Dangerous structure or condition has the meaning ascribed to it in subsection [6] 7 of NRS 244.3605.
(b) Imminent danger means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the life, safety, health or property of:
(1) The occupants, if any, of the real property on which the structure or condition is located; or
(2) The general public.
Sec. 3.5. NRS 244.3603 is hereby amended to read as follows:
244.3603 1. Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:
(a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;
κ2013 Statutes of Nevada, Page 359 (CHAPTER 105, AB 25)κ
(b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and
(c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on the owners property of nuisance activities and the date by which the owner must abate the condition to prevent the matter from being submitted to the district attorney for legal action.
(2) If the chronic nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the chronic nuisance.
(3) Afforded an opportunity for a hearing before a court of competent jurisdiction.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended to abate the condition on the property if the owner fails to abate the condition.
3. If the court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the court may order the county to secure and close the property until the nuisance is abated and may:
(a) Impose a civil penalty:
(1) If the property is nonresidential property, of not more than $750 per day; or
(2) If the property is residential property, of not more than $500 per day,
Κ for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;
(b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and
(c) Order any other appropriate relief.
4. In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the board or its designee may make the expense and civil penalties a special assessment against the property upon which the chronic nuisance is located or occurring. The special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the board or its designee unless:
(a) At least [12 months] 180 days have elapsed after the date specified in the order of the court by which the owner must abate the chronic nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;
κ2013 Statutes of Nevada, Page 360 (CHAPTER 105, AB 25)κ
if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the chronic nuisance, whichever is later;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties is more than $5,000.
6. If a designee of the board imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the board at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:
(a) The street address or assessors parcel number of the property;
(b) The name of each owner of record of the property as of the date of the assessment; and
(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.
7. As used in this section:
(a) A chronic nuisance exists:
(1) When three or more nuisance activities exist or have occurred during any 90-day period on the property.
(2) When a person associated with the property has engaged in three or more nuisance activities during any 90-day period on the property or within 100 feet of the property.
(3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS.
(4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog.
(5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(I) The building or place has not been deemed safe for habitation by a governmental entity; or
(II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
(b) Commercial real estate has the meaning ascribed to it in NRS 645.8711.
(c) Controlled substance analog has the meaning ascribed to it in NRS 453.043.
(d) Immediate precursor has the meaning ascribed to it in NRS 453.086.
(e) Nuisance activity means:
(1) Criminal activity;
(2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;
(3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;
(4) Excessive noise and violations of curfew; or
κ2013 Statutes of Nevada, Page 361 (CHAPTER 105, AB 25)κ
(5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.
(f) Person associated with the property means:
(1) The owner of the property;
(2) The manager or assistant manager of the property;
(3) The tenant of the property; or
(4) A person who, on the occasion of a nuisance activity, has:
(I) Entered, patronized or visited;
(II) Attempted to enter, patronize or visit; or
(III) Waited to enter, patronize or visit,
Κ the property or a person present on the property.
(g) Residential property means:
(1) Improved real estate that consists of not more than four residential units;
(2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or
(3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.
Κ The term does not include commercial real estate.
Sec. 3.7. NRS 244.3605 is hereby amended to read as follows:
244.3605 1. Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may, to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:
(a) Repair, safeguard or eliminate a dangerous structure or condition;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS;
(c) Clear weeds and noxious plant growth; or
(d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,
Κ to protect the public health, safety and welfare of the residents of the county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, of the existence on the owners property of a public nuisance set forth in subsection 1 and the date by which the owner must abate the public nuisance.
(2) If the public nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the public nuisance.
(3) Afforded an opportunity for a hearing before the designee of the board relating to the order of abatement and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.
(4) Afforded an opportunity for a hearing before the designee of the board relating to the imposition of civil penalties and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.
κ2013 Statutes of Nevada, Page 362 (CHAPTER 105, AB 25)κ
(b) Provide that the date specified in the notice by which the owner must abate the public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money expended to abate the public nuisance on the property if the owner fails to abate the public nuisance.
(d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.
3. The county may abate the public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance on the owners property within the period specified in the notice;
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order; or
(c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the public nuisance within the period specified in the order.
4. In addition to any other reasonable means for recovering money expended by the county to abate the public nuisance and, except as otherwise provided in subsection 5, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the board or its designee may make the expense and civil penalties [are] a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
5. Any civil penalties that have not been collected from the owner of the property [are not] may not be made a special assessment against the property pursuant to subsection 4 by the board or its designee unless:
(a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the public nuisance or the date specified in the order of the board or court by which the owner must abate the public nuisance, whichever is later;
(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and
(c) The amount of the uncollected civil penalties is more than $5,000.
6. If a designee of the board imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the board at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:
(a) The street address or assessors parcel number of the property;
(b) The name of each owner of record of the property as of the date of the assessment; and
(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.