[Rev. 2/6/2019 2:44:12 PM]
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κ2007 Statutes of Nevada, Page 2963 (CHAPTER 508, SB 106)κ
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Sec.β2.ββNRS 239C.020 is hereby amended to read as follows:
239C.020ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 239C.030 to 239C.110, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec.β3.ββNRS 239C.210 is hereby amended to read as follows:
239C.210ββ1.ββA document, record or other item of information described in subsection 2 that is prepared and maintained for the purpose of preventing or responding to an act of terrorism is confidential, not subject to subpoena or discovery , [and] not subject to inspection by the general public and may only be inspected by or released to public safety and public health personnel if the Governor determines, by executive order, that the disclosure or release of the document, record or other item of information would thereby create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety or welfare.
2.ββThe types of documents, records or other items of information subject to executive order pursuant to subsection 1 are as follows:
(a)βAssessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.
(b)βDrawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy.
(c)βDocuments, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.
(d)βHandbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.
(e)βDocuments, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.
(f)βDocuments, records or other items of information regarding the infrastructure and security of frequencies for radio transmissions used by response agencies, including, without limitation:
(1)βAccess codes, passwords or programs used to ensure the security of frequencies for radio transmissions used by response agencies;
(2)βProcedures and processes used to ensure the security of frequencies for radio transmissions used by response agencies; and
(3)βPlans used to reestablish security and service with respect to frequencies for radio transmissions used by response agencies after security has been breached or service has been interrupted.
3.ββIf a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:
(a)βA gross misdemeanor; or
(b)βA category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
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κ2007 Statutes of Nevada, Page 2964 (CHAPTER 508, SB 106)κ
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(1)βCommit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2)βAssist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
4.ββAs used in this section, public safety and public health personnel includes:
(a)βState, county and city emergency managers;
(b)βMembers and staff of terrorism early warning centers or fusion intelligence centers in this State;
(c)βEmployees of fire-fighting or law enforcement agencies, if the head of the agency has designated the employee as having an operational need to know information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism; and
(d)βEmployees of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to know information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism. As used in this paragraph, disaster has the meaning ascribed to it in NRS 414.0335.
Sec.β4.ββNRS 239C.220 is hereby amended to read as follows:
239C.220ββ1.ββUnless made confidential by specific statute, a restricted document may be inspected only by a person who provides:
(a)βHis name;
(b)βA copy of his drivers license or other photographic identification that is issued by a governmental entity;
(c)βThe name of his employer, if any;
(d)βHis citizenship; and
(e)βExcept as otherwise provided in this paragraph, a statement of the purpose for the inspection. A person is not required to indicate the purpose for inspecting a restricted document if the person is [an] :
(1)βA state, county or city emergency manager;
(2)βA member or staff person of a terrorism early warning center or fusion intelligence center in this State;
(3)βAn employee of any fire-fighting or law enforcement agency [.] , if the head of the agency has designated the employee as having an operational need to inspect restricted documents; or
(4)βAn employee of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to inspect restricted documents. As used in this subparagraph, disaster has the meaning ascribed to it in NRS 414.0335.
2.ββExcept as otherwise provided in subsection 3, a public officer or employee shall observe any person while the person inspects a restricted document in a location and in a manner which ensures that the person does not copy, duplicate or reproduce the restricted document in any way.
3.ββA restricted document may be copied, duplicated or reproduced:
(a)βUpon the lawful order of a court of competent jurisdiction;
(b)βAs is reasonably necessary in the case of an act of terrorism or other related emergency;
(c)βTo protect the rights and obligations of a governmental entity or the public;
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κ2007 Statutes of Nevada, Page 2965 (CHAPTER 508, SB 106)κ
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(d)βUpon the request of a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station and who uses the restricted document in the course of such employment or affiliation; or
(e)βUpon the request of a registered architect, licensed contractor or a designated employee of any such architect or contractor who uses the restricted document in his professional capacity.
4.ββA public officer or employee shall inform any person who inspects a restricted document of the provisions of this section.
Sec.β5.ββSection 40 of chapter 402, Statutes of Nevada 2003, at page 2469, is hereby amended to read as follows:
Sec.β40.ββ1.ββThis section and sections 1 to 33, inclusive, 38, 38.5 and 39 of this act become effective on July 1, 2003.
2.ββSections 34 to 37, inclusive, of this act become effective on January 1, 2004.
[3.ββThe provisions of sections 21 to 24, inclusive, and 27.5 of this act expire by limitation on June 30, 2007.]
Sec.β6.ββThis act becomes effective upon passage and approval.
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Senate Bill No. 437Committee on Commerce and Labor
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CHAPTER 509
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AN ACT relating to economic and energy development; enacting the Solar Energy Systems Incentive Program, the Renewable Energy School Pilot Program and the Wind and Waterpower Energy Systems Demonstration Program Acts; establishing a new program for evaluating the energy consumption of residential property; revising legislative findings concerning energy conservation and energy requirements; revising provisions governing the universal energy charge and the Fund for Energy Assistance and Conservation; requiring certain electric utilities to make quarterly rate adjustments; requiring the creation of various methods and programs to remove financial disincentives that may discourage energy conservation by various public utilities that purchase natural gas for resale; revising various provisions governing utility resource planning and the portfolio standard for providers of electric service; requiring certain residential properties for sale to be evaluated based on energy consumption and requiring that certain evaluations be provided to purchasers of those properties; revising various provisions governing partial abatements of certain taxes by the Commission on Economic Development; and providing other matters properly relating thereto.
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[Approved: June 14, 2007]
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Legislative Counsels Digest:
Assembly Bill No. 7 of this session superseded by statute the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), and established as the public policy of this State that in proceedings involving deferred energy accounting by a public utility, there is no presumption that the public utilitys practices and transactions were reasonable or prudent and the public utility has the burden of proving reasonableness and prudence in such proceedings.
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κ2007 Statutes of Nevada, Page 2966 (CHAPTER 509, SB 437)κ
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reasonable or prudent and the public utility has the burden of proving reasonableness and prudence in such proceedings. (Chapter 163, Statutes of Nevada 2007) Section 1 of this bill provides that in amending NRS 704.110 and 704.187 to allow for quarterly rate adjustments and annual deferred energy accounting adjustment applications by certain electric utilities, this bill is not intended to repeal the provisions of Assembly Bill No. 7 either expressly or by implication.
Under the Solar Energy Systems Demonstration Program Act, certain entities, such as schools and public agencies, which install solar energy systems are entitled to participate in a demonstration program and receive incentives for such participation. (Chapter 331, Statutes of Nevada 2003, p. 1868) The Solar Energy Systems Demonstration Program Act expires by limitation on June 30, 2010. (Chapter 2, Statutes of Nevada 2005, 22nd Special Session, p. 90)
Sections 1.5-29, 108 and 112 of this bill replace the Solar Energy Systems Demonstration Program Act with a new chapter of NRS which provides for the Solar Energy Systems Incentive Program. The Solar Energy Systems Incentive Program provides incentives to certain participants and utilities for energy created from various solar energy systems.
Section 30 of this bill provides for the Renewable Energy School Pilot Program. The goal of the Program is to encourage the development of and determine the feasibility for renewable energy systems on public school properties.
Sections 62-86 of this bill enact the Wind Energy Systems Demonstration Program Act. The Wind Energy Systems Demonstration Program Act provides incentives to certain participants and utilities for energy created from various wind energy systems. Under this bill, the Wind Energy Systems Demonstration Program Act expires by limitation on June 30, 2011.
Sections 87-106 of this bill enact the Waterpower Energy Systems Demonstration Program Act. The Waterpower Energy Systems Demonstration Program Act provides incentives to certain participants and utilities for energy created from various waterpower energy systems. Under this bill, the Waterpower Energy Systems Demonstration Program Act expires by limitation on June 30, 2011.
Existing law provides various requirements relating to the sale of residential property. (NRS 113.100-113.150, 645.230-645.321) Sections 31 and 50 of this bill: (1) establish a new program for evaluating the energy consumption of residential property; and (2) require certain residential properties for sale to be evaluated based on energy consumption and require that such evaluations and ratings be provided to purchasers of those properties.
Existing law contains legislative findings concerning energy conservation and energy requirements. (NRS 701.010) Sections 32 and 38 of this bill accomplish two things. First, they revise those findings in relation to public utilities. Second, they require the creation of various methods and programs which will remove financial disincentives that discourage energy conservation by various public utilities that purchase natural gas for resale.
Under existing law, certain utilities collect and remit a universal energy charge that is deposited into the Fund for Energy Assistance and Conservation to support programs of energy assistance, energy conservation, weatherization and energy efficiency for eligible households. (Chapter 702 of NRS) Sections 32.3, 32.5 and 32.7 of this bill reallocate a portion of any unspent and unencumbered money in the Fund for a program of improving energy conservation and energy efficiency in certain residential property.
Existing law allows for quarterly rate adjustments for a public utility which purchases natural gas for resale. (NRS 704.110) Sections 36, 37, 39-43 and 51 of this bill require certain electric utilities to make quarterly rate adjustments and to file annual deferred energy accounting adjustment applications.
Existing law requires certain electric utilities to develop long-term resource plans. (NRS 704.741-704.751) Section 43.5 of this bill requires such utilities to include in their long-term resource plans an energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel.
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κ2007 Statutes of Nevada, Page 2967 (CHAPTER 509, SB 437)κ
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Existing law creates a portfolio standard that requires certain providers of electric service to generate, acquire or save various amounts of electricity through renewable energy systems or efficiency measures. (NRS 704.7801-704.7828) Section 47 of this bill changes the definition of energy efficiency measure for the purposes of the portfolio standard.
Existing law authorizes the Commission on Economic Development to approve partial abatements of certain taxes imposed on new or expanded businesses, including businesses that use renewable energy or recycled material to generate electricity. (NRS 360.750, 361.0685, 361.0687, 374.357) Sections 51.3, 51.7 and 112.5 of this bill require a business that receives such a partial abatement to: (1) allow the Department of Taxation to conduct audits of the business to determine whether it is in compliance with the requirements for the partial abatement; and (2) consent to the disclosure of the audit reports to the Commission on Economic Development and to the public with certain limited exceptions.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββThe Legislature hereby finds and declares that:
1.ββAssembly Bill No. 7 of this session was enacted into law as chapter 163, Statutes of Nevada 2007, and became effective upon passage and approval on May 29, 2007.
2.ββAssembly Bill No. 7 established as the public policy of this State that in proceedings involving deferred energy accounting where a public utility seeks to recover from its ratepayers costs recorded in its deferred accounts pursuant to NRS 704.185 or 704.187, it is just and reasonable to require a public utility to prove that the costs recorded in its deferred accounts were incurred prudently. Therefore, to ensure that ratepayers do not pay for costs incurred as a result of any practices or transactions that were undertaken, managed or performed imprudently, the public utility should have the burden of proving that its practices and transactions were reasonable and prudent.
3.ββIn Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), the Nevada Supreme Court held that, in the absence of a statute to the contrary, the controlling procedure in proceedings involving deferred energy accounting is the rebuttable presumption of prudence adopted by the Public Utilities Commission of Nevada in the 1986 rate case of Re Nevada Power Company, 74 Pub. Util. Rep. 4th 703 (Nev. Pub. Serv. Commn May 30, 1986).
4.ββAssembly Bill No. 7 was enacted to supersede the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), to the extent that the Court determined that the rebuttable presumption of prudence is the controlling procedure in proceedings involving deferred energy accounting.
5.ββWith regard to electric utilities that engage in deferred energy accounting, the provisions of this act amend NRS 704.110 and 704.187 to provide for quarterly rate adjustments and annual deferred energy accounting adjustment applications by such electric utilities. In amending NRS 704.110 and 704.187, the Legislature does not intend to repeal either expressly or by implication the provisions of Assembly Bill No. 7 which supersede the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006). Therefore, to effectuate the public policy of this State as enacted by Assembly Bill No. 7:
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κ2007 Statutes of Nevada, Page 2968 (CHAPTER 509, SB 437)κ
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(a)βFor proceedings involving annual deferred energy accounting adjustment applications, the provisions of this act expressly provide that there is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in such proceedings.
(b)βFor all other proceedings involving deferred energy accounting, the provisions of this act do not repeal the provisions of Assembly Bill No. 7 either expressly or by implication and those proceedings remain subject to the provisions of Assembly Bill No. 7, notwithstanding the provisions of this act amending NRS 704.110 and 704.187.
Sec.β1.5.ββTitle 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec.β2.ββThe provisions of sections 2 to 29, inclusive, of this act apply to the Solar Energy Systems Incentive Program.
Sec.β3.ββAs used in sections 2 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.β4.ββApplicant means a person who is applying to participate in the Solar Program.
Sec.β5.ββCategory means one of the categories of participation in the Solar Program as set forth in section 23 of this act.
Sec.β6.ββCommission means the Public Utilities Commission of Nevada.
Sec.β7.ββInstitution of higher education means:
1.ββA university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or
2.ββA postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.
Sec.β8.ββOwned, leased or occupied includes, without limitation, any real property, building or facilities which are owned, leased or occupied under a deed, lease, contract, license, permit, grant, patent or any other type of legal authorization.
Sec.β9.ββParticipant means a person who has been selected by the Task Force to participate in the Solar Program.
Sec.β10.ββPerson includes, without limitation, a public entity.
Sec.β11.ββProgram year means the period of July 1 to June 30 of the following year.
Sec.β12.ββ1.ββPublic and other property means any real property, building or facilities which are owned, leased or occupied by:
(a)βA public entity;
(b)βA nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended; or
(c)βA corporation for public benefit as defined in NRS 82.021.
2.ββThe term includes, without limitation, any real property, building or facilities which are owned, leased or occupied by:
(a)βA church; or
(b)βA benevolent, fraternal or charitable lodge, society or association.
3.ββThe term does not include school property.
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κ2007 Statutes of Nevada, Page 2969 (CHAPTER 509, SB 437)κ
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Sec.β13.ββPublic entity means a department, agency or instrumentality of the State or any of its political subdivisions.
Sec.β14.ββSchool property means any real property, building or facilities which are owned, leased or occupied by:
1.ββA public school as defined in NRS 385.007;
2.ββA private school as defined in NRS 394.103; or
3.ββAn institution of higher education.
Sec.β15.ββSmall business means a business conducted for profit which employs 500 or fewer full-time or part-time employees.
Sec.β16.ββSolar energy system means a facility or energy system that uses photovoltaic cells and solar energy to generate electricity.
Sec.β17.ββSolar Program means the Solar Energy Systems Incentive Program created by section 23 of this act.
Sec.β18.ββTask Force means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.
Sec.β19.ββUtility means a public utility that supplies electricity in this State.
Sec.β20.ββThe Commission shall adopt regulations necessary to carry out the provisions of sections 2 to 29, inclusive, of this act, including, without limitation, regulations that establish:
1.ββThe type of incentives available to participants in the Solar Program and the level or amount of those incentives;
2.ββThe requirements for a utilitys annual plan for carrying out and administering the Solar Program. A utilitys annual plan must include, without limitation:
(a)βA detailed plan for advertising the Solar Program;
(b)βA detailed budget and schedule for carrying out and administering the Solar Program;
(c)βA detailed account of administrative processes and forms that will be used to carry out and administer the Solar Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Solar Program;
(d)βA detailed account of the procedures that will be used for inspection and verification of a participants solar energy system and compliance with the Solar Program;
(e)βA detailed account of training and educational activities that will be used to carry out and administer the Solar Program; and
(f)βAny other information required by the Commission.
Sec.β21.ββThe Commission shall adopt regulations that establish:
1.ββThe qualifications and requirements an applicant must meet to be eligible to participate in each applicable category of:
(a)βSchool property;
(b)βPublic and other property; and
(c)βPrivate residential property and small business property; and
2.ββThe form and content of the master application which a utility must submit to the Task Force pursuant to section 24 of this act.
Sec.β22.ββ1.ββEach year on or before the date established by the Commission, a utility shall file with the Commission its annual plan for carrying out and administering the Solar Program within its service area for a program year.
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κ2007 Statutes of Nevada, Page 2970 (CHAPTER 509, SB 437)κ
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2.ββThe Commission shall:
(a)βReview each annual plan filed by a utility for compliance with the requirements established by regulation of the Commission; and
(b)βApprove each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Solar Program.
3.ββA utility shall carry out and administer the Solar Program within its service area in accordance with the utilitys annual plan as approved by the Commission.
4.ββA utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Solar Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
Sec.β23.ββ1.ββThe Solar Energy Systems Incentive Program is hereby created.
2.ββThe Solar Program must have three categories as follows:
(a)βSchool property;
(b)βPublic and other property; and
(c)βPrivate residential property and small business property.
3.ββTo be eligible to participate in the Solar Program, a person must:
(a)βMeet the qualifications established by the Commission pursuant to section 21 of this act;
(b)βSubmit an application to a utility and be selected by the Task Force for inclusion in the Solar Program pursuant to sections 24 and 25 of this act;
(c)βWhen installing the solar energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors Board pursuant to the regulations adopted by the Board; and
(d)βIf the person will be participating in the Solar Program in the category of school property or public and other property, provide for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.
Sec.β24.ββ1.ββIf an applicant desires to participate in the Solar Program for a program year, the applicant must submit an application to a utility. If an applicant desires to participate in the category of school property or public and other property, the applicant may submit an application for multiple program years, not to exceed 5 years.
2.ββEach year on or before the date established by the Commission, a utility shall review each application submitted pursuant to subsection 1 to ensure that the applicant meets the qualifications and requirements to be eligible to participate in the Solar Program and submit to the Task Force:
(a)βThe utilitys recommendations as to which applications should be approved for participation in the Solar Program; and
(b)βA master application containing all the applications recommended by the utility.
3.ββAt any time after submitting an application to a utility, an applicant may install or energize his solar energy system if the solar energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who installs or energizes his solar energy system under such circumstances remains eligible to participate in the Solar Program, and the installation or energizing of the solar energy system does not alter the applicants status on the list of participants or the prioritized waiting list pursuant to section 25 of this act.
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κ2007 Statutes of Nevada, Page 2971 (CHAPTER 509, SB 437)κ
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energizes his solar energy system under such circumstances remains eligible to participate in the Solar Program, and the installation or energizing of the solar energy system does not alter the applicants status on the list of participants or the prioritized waiting list pursuant to section 25 of this act.
Sec.β25.ββ1.ββExcept as otherwise provided in this section, the Commission may approve, for a program year, solar energy systems:
(a)βTotaling 2,000 kilowatts of capacity for school property;
(b)βTotaling 760 kilowatts of capacity for public and other property; and
(c)βTotaling 1,000 kilowatts of capacity for private residential property and small business property.
2.ββIf the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Commission may, in any combination it deems appropriate:
(a)βAllow a utility to submit additional applications to the Task Force from applicants who want to participate in that category; or
(b)βReallocate any of the unused capacity in that category to any of the other categories,
Κ but in no case may the sum of the allocated total capacities of all the categories be greater than 3,760 kilowatts, which is the sum of the approvable total capacities of all the categories as described in subsection 1.
3.ββTo promote the installation of solar energy systems on as many school properties as possible, the Commission may not approve for use in the Solar Program a solar energy system having a generating capacity of more than 50 kilowatts if the solar energy system is or will be installed on school property on or after July 1, 2007, unless the Commission determines that approval of a solar energy system with a greater generating capacity is more practicable for a particular school property.
4.ββAfter reviewing the master application submitted by a utility pursuant to section 24 of this act and ensuring that each applicant meets the qualifications and requirements to be eligible to participate in the Solar Program, the Task Force shall:
(a)βWithin the limits of the capacity allocated to each category, select applicants to be participants in the Solar Program and place those applicants on a list of participants; and
(b)βSelect applicants to be placed on a prioritized waiting list to become participants in the Solar Program if any capacity within a category becomes available.
5.ββNot later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.
6.ββAfter the Task Force selects an applicant to be on the list of participants, the utility which submitted the application to the Task Force on behalf of the applicant may approve the solar energy system proposed by the applicant. Except as otherwise provided in subsection 3 of section 24 of this act, immediately upon the utilitys approval of the solar energy system, the applicant may install and energize the solar energy system.
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κ2007 Statutes of Nevada, Page 2972 (CHAPTER 509, SB 437)κ
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Sec.β26.ββ1.ββExcept as otherwise provided in this section, if the Commission determines that a participant has not complied with the requirements for participation in the Solar Program, the Commission shall, after notice and an opportunity for a hearing, withdraw the participant from the Solar Program.
2.ββThe Commission may, without notice or an opportunity for a hearing, withdraw from the Solar Program:
(a)βA participant in the category of private residential property and small business property, if the participant does not complete the installation of a solar energy system within 12 months after the date the participant receives written notice of his selection to participate in the Solar Program.
(b)βA participant in the category of school property or public and other property, if the participant does not complete the installation of a solar energy system within 30 months after the date the participant receives written notice of his selection to participate in the Solar Program.
3.ββA participant who is withdrawn from the Solar Program pursuant to subsection 2 forfeits any incentives.
Sec.β27.ββIn adopting regulations for the Solar Program, the Commission shall adopt regulations establishing an incentive for participation in the Solar Program.
Sec.β28.ββIf a solar energy system used by a participant in the Solar Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
Sec.β29.ββ1.ββAfter a participant installs a solar energy system included in the Solar Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821.
2.ββThe Commission shall designate the portfolio energy credits issued pursuant to this section as portfolio energy credits generated, acquired or saved from solar renewable energy systems for the purposes of the portfolio standard.
3.ββAll portfolio energy credits issued for a solar energy system installed pursuant to the Solar Program must be assigned to and become the property of the utility administering the Program.
Sec.β30.ββ1.ββThe Renewable Energy School Pilot Program is hereby created. The goal of the Program is to encourage the development of and determine the feasibility for the integration of renewable energy systems on school properties.
2.ββThe Commission shall adopt regulations for the Program. Such regulations shall include, but not be limited to:
(a)βA time frame for implementation of the Program;
(b)βThe allowed renewable energy systems and combinations of such renewable energy systems on school property;
(c)βThe amount of capacity that may be installed at each school property that participates in the Program;
(d)βA process by which a school district may apply for participation in the Program;
(e)βRequirements for participation by a school district;
(f)βThe type of transactions allowed between a renewable energy system generator, a school district and a utility;
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κ2007 Statutes of Nevada, Page 2973 (CHAPTER 509, SB 437)κ
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(g)βIncentives which may be provided to a school district or school property to encourage participation; and
(h)βSuch other parameters as determined by the Commission and are consistent with the development of renewable energy systems at school properties.
3.ββThe Program shall be limited to 10 school properties. Not more than 6 school properties from any one school district may participate in the Program.
4.ββThe Commission shall adopt the regulations necessary to implement the Program not later than March 1, 2008.
5.ββThe Commission shall prepare a report detailing the results of the Program and shall submit the report to the Legislature by December 1, 2008.
6.ββAs used in this section:
(a)βCommission means the Public Utilities Commission of Nevada.
(b)βOwned, leased or occupied includes, without limitation, any real property, building or facilities which are owned, leased or occupied under a deed, lease, contract, license, permit, grant, patent or any other type of legal authorization.
(c)βRenewable energy system has the meaning ascribed to it in NRS 704.7815.
(d)βSchool district has the meaning ascribed to it in NRS 395.0075.
(e)βSchool property means any real property, building or facilities which are owned, leased or occupied by a public school as defined in NRS 385.007.
(f)βUtility has the meaning ascribed to it in section 19 of this act.
Sec.β31.ββChapter 701 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe Director shall adopt regulations establishing a program for evaluating the energy consumption of residential property in this State.
2.ββThe regulations must include, without limitation:
(a)βStandards for evaluating the energy consumption of residential property; and
(b)βProvisions prescribing a form to be used pursuant to section 50 of this act, including, without limitation, provisions that require a portion of the form to provide information on programs created pursuant to section 32.3 of this act and other programs of improving energy conservation and energy efficiency in residential property.
3.ββAs used in this section:
(a)βDwelling unit means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.
(b)βResidential property means any land in this State to which is affixed not less than one or more than four dwelling units.
Sec.β32.ββNRS 701.010 is hereby amended to read as follows:
701.010ββ1.ββThe Legislature finds that:
(a)βEnergy is essential to the economy of the State and to the health, safety and welfare of the people of the State.
(b)βThe State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.
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κ2007 Statutes of Nevada, Page 2974 (CHAPTER 509, SB 437)κ
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(c)βThe State has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.
(d)βThe State and the public have an interest in encouraging public utilities to promote and take actions toward energy conservation.
(e)βPlanning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.
[(e)]β(f)βGovernment and private enterprise need to accelerate research and development of sources of renewable energy and to improve technology related to the research and development of existing sources of energy.
[(f)]β(g)βWhile government and private enterprise are seeking to accelerate research and development of sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.
[(g)]β(h)βPrevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within State Government.
2.ββIt is the policy of this State to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.
3.ββIt is the policy of this State to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.
Sec.β32.3.ββChapter 702 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββAt the beginning of a fiscal year, 30 percent of the money in the Fund which was allocated to the Division of Welfare and Supportive Services during the preceding fiscal year pursuant to NRS 702.260 and which remains unspent and unencumbered must be distributed to the Housing Division for a program of improving energy conservation and energy efficiency in residential property. The Housing Division may use not more than 6 percent of the money distributed pursuant to this section for its administrative expenses.
2.ββExcept as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Housing Division may use the money distributed pursuant to this section only to provide a qualified purchaser of residential property which has received a deficient evaluation on the energy consumption of the residential property pursuant to the program established in section 31 of this act with a grant to pay for improvements designed to increase the energy conservation and energy efficiency of the residential property or to assist an eligible household in acquiring such improvements.
3.ββTo be eligible to receive assistance from the Housing Division pursuant to this section:
(a)βThe purchaser of the residential property must have a household income that is not more than 80 percent of the median gross family income for the county in which the property is located, based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for that county; and
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κ2007 Statutes of Nevada, Page 2975 (CHAPTER 509, SB 437)κ
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the United States Department of Housing and Urban Development of the most current median gross family income for that county; and
(b)βThe residential property must not meet the standards for energy consumption established pursuant to section 31 of this act.
4.ββThe Housing Division shall adopt regulations to carry out and enforce the provisions of this section.
5.ββIn carrying out the provisions of this section, the Housing Division shall:
(a)βSolicit advice from the Division of Welfare and Supportive Services and from other knowledgeable persons;
(b)βIdentify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;
(c)βCoordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
(d)βEncourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;
(e)βEstablish a process for evaluating the program conducted pursuant to this section;
(f)βDevelop a process for making changes to the program; and
(g)βEngage in annual planning and evaluation processes with the Division of Welfare and Supportive Services as required by NRS 702.280.
Sec.β32.5.ββNRS 702.250 is hereby amended to read as follows:
702.250ββ1.ββThere is hereby created as a special revenue fund in the State Treasury the Fund for Energy Assistance and Conservation. The Division of Welfare and Supportive Services shall administer the Fund.
2.ββIn addition to the money that must be credited to the Fund from the universal energy charge, all money received from private or public sources to carry out the purposes of this chapter must be deposited in the State Treasury for credit to the Fund.
3.ββThe Division shall, to the extent practicable, ensure that the money in the Fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed from private sources, money obtained from the Federal Government and money obtained from any agency or instrumentality of this State or political subdivision of this State.
4.ββThe interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
5.ββAfter deduction of any refunds paid from the Fund pursuant to NRS 702.160, the money in the Fund must be distributed pursuant to NRS 702.260 and 702.270 [.] and section 32.3 of this act.
Sec.β32.7.ββNRS 702.280 is hereby amended to read as follows:
702.280ββ1.ββThe Division of Welfare and Supportive Services and the Housing Division jointly shall establish an annual plan to coordinate their activities and programs pursuant to this chapter. In preparing the annual plan, the Divisions shall solicit advice from knowledgeable persons. The annual plan must include, without limitation, a description of:
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κ2007 Statutes of Nevada, Page 2976 (CHAPTER 509, SB 437)κ
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(a)βThe resources and services being used by each program and the efforts that will be undertaken to increase or improve those resources and services;
(b)βThe efforts that will be undertaken to improve administrative efficiency;
(c)βThe efforts that will be undertaken to coordinate with other federal, state and local agencies, nonprofit organizations and any private business or trade organizations that provide energy assistance or conservation services to low-income persons;
(d)βThe measures concerning program design that will be undertaken to improve program effectiveness; and
(e)βThe efforts that will be taken to address issues identified during the most recently completed annual evaluation conducted pursuant to subsection 2.
2.ββThe Division of Welfare and Supportive Services and the Housing Division jointly shall:
(a)βConduct an annual evaluation of the programs that each Division carries out pursuant to NRS 702.260 and 702.270 [;] and section 32.3 of this act;
(b)βSolicit advice from the Commission as part of the annual evaluation; and
(c)βPrepare a report concerning the annual evaluation and submit the report to the Governor, the Legislative Commission and the Interim Finance Committee.
3.ββThe report prepared pursuant to subsection 2 must include, without limitation:
(a)βA description of the objectives of each program;
(b)βAn analysis of the effectiveness and efficiency of each program in meeting the objectives of the program;
(c)βThe amount of money distributed from the Fund for each program and a detailed description of the use of that money for each program;
(d)βAn analysis of the coordination between the Divisions concerning each program; and
(e)βAny changes planned for each program.
Secs.β33-35.ββ(Deleted by amendment.)
Sec.β36.ββNRS 703.130 is hereby amended to read as follows:
703.130ββ1.ββThe Commission shall appoint a Deputy Commissioner who shall serve in the unclassified service of the State.
2.ββThe Commission shall appoint a Secretary who shall perform such administrative and other duties as are prescribed by the Commission. The Commission shall also appoint an Assistant Secretary.
3.ββThe Commission may employ such other clerks, experts or engineers as may be necessary.
4.ββExcept as otherwise provided in subsection 5, the Commission:
(a)βMay appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705, 708 and 711 of NRS.
(b)βShall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.
5.ββThe Commission shall not appoint a hearing officer to conduct proceedings or hearings:
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κ2007 Statutes of Nevada, Page 2977 (CHAPTER 509, SB 437)κ
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(a)βIn any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or
(b)βIn any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application . [to clear its deferred accounts.]
6.ββAs used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec.β37.ββNRS 703.320 is hereby amended to read as follows:
703.320ββExcept as otherwise provided in [subsection 8] subsections 8 and 9 of NRS 704.110:
1.ββIn any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:
(a)βThe manner of giving notice in each type of proceeding; and
(b)βThe persons entitled to notice in each type of proceeding.
2.ββThe Commission shall not dispense with a hearing:
(a)βIn any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or
(b)βExcept as otherwise provided in paragraph (f) of subsection [5] 1 of NRS 704.100, in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an [application to clear its deferred accounts.] annual deferred energy accounting adjustment application pursuant to NRS 704.187.
3.ββIn any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days notice of the hearing.
4.ββAs used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec.β38.ββChapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe Commission shall adopt regulations to establish methods and programs for a public utility which purchases natural gas for resale that remove financial disincentives which discourage the public utility from supporting energy conservation, including, without limitation:
(a)βProcedures for a public utility which purchases natural gas for resale to have a mechanism established during a general rate application filed pursuant to NRS 704.110 to ensure that the costs of the public utility for providing service are recovered without regard to the difference in the quantity of natural gas actually sold by the public utility by taking into account the adjusted and annualized quantity of natural gas sold during a test year and the growth in the number of customers of the public utility;
(b)βProcedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of an activity relating to increasing energy efficiency or energy conservation; and
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κ2007 Statutes of Nevada, Page 2978 (CHAPTER 509, SB 437)κ
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(c)βProcedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of costs associated with an activity approved by the Commission pursuant to paragraph (b).
2.ββThe regulations adopted pursuant to subsection 1 must ensure that the methods and programs consider the recovery of costs, stabilization of revenue and any reduction of risk for the public utility which purchases natural gas for resale.
Sec.β39.ββNRS 704.062 is hereby amended to read as follows:
704.062ββApplication to make changes in any schedule and application include, without limitation:
1.ββA general rate application;
2.ββAn application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale; and
3.ββAn annual deferred energy accounting adjustment application. [to clear deferred accounts.]
Sec.β40.ββNRS 704.069 is hereby amended to read as follows:
704.069ββ1.ββExcept as otherwise provided in [subsection 8] subsections 8 and 9 of NRS 704.110, the Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which:
(a)βA public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale [or an application to clear its deferred accounts;] , an annual deferred energy accounting adjustment application pursuant to NRS 704.187 or an annual rate adjustment application; and
(b)βThe changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicants annual gross operating revenue, whichever is less.
2.ββIn addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this State and at least one general consumer session in the county with the second largest population in this State. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission.
Sec.β41.ββNRS 704.100 is hereby amended to read as follows:
704.100ββ1.ββExcept as otherwise provided in NRS 704.075 and 704.68904 to 704.68984, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:
[1.]β(a)βA public utility shall not make changes in any schedule, unless the public utility:
[(a)]β(1)βFiles with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or
[(b)]β(2)βFiles the proposed changes with the Commission using a letter of advice in accordance with the provisions of [subsection 5.
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κ2007 Statutes of Nevada, Page 2979 (CHAPTER 509, SB 437)κ
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2.]βparagraph (f).
(b)βA 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.
[3.]β(c)βAn 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 9 of NRS 704.110.
(d)βA 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.
[4.]β(e)βA 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.
[5.]β(f)βExcept as otherwise provided in [subsection 6,] 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:
[(a)]β(1)βThe public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and
[(b)]β(2)βThe Commission shall determine whether it should dispense with a hearing regarding the proposed change.
[6.]β(g)βIf the applicant is a public utility furnishing telephone service 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 Commission shall determine whether it should dispense with a hearing regarding the proposed change.
[7.]β(h)βIn making the determination pursuant to [subsection 5 or 6,] 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.ββAs used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec.β42.ββNRS 704.110 is hereby amended to read as follows:
704.110ββExcept as otherwise provided in NRS 704.075 and 704.68904 to 704.68984, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:
1.ββIf a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application , [to clear its deferred accounts,] the Consumers Advocate shall be deemed a party of record.
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κ2007 Statutes of Nevada, Page 2980 (CHAPTER 509, SB 437)κ
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application or an annual deferred energy accounting adjustment application , [to clear its deferred accounts,] the Consumers Advocate shall be deemed a party of record.
2.ββExcept as otherwise provided in subsections 3 and [13,] 12, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes:
(a)βFor a public utility that is a PAR carrier, not later than 180 days after the date on which the application is filed; and
(b)βFor all other public utilities, not later than 210 days after the date on which the application is filed.
3.ββIf a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months based on the following schedule:
(a)βAn electric utility that primarily serves less densely populated counties shall file a general rate application on or before October 3, 2005, and at least once every 24 months thereafter.
(b)βAn electric utility that primarily serves densely populated counties shall file a general rate application on or before November 15, 2006, and at least once every 24 months thereafter.
4.ββIn addition to submitting the statement required pursuant to subsection 3, a public utility which purchases natural gas for resale may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy.
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κ2007 Statutes of Nevada, Page 2981 (CHAPTER 509, SB 437)κ
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reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. If the Commission determines that the public utility has met its burden of proof:
(a)βThe Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and
(b)βThe public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.
5.ββIf a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.
6.ββIf a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7 , a quarterly rate adjustment pursuant to subsection 8 or 9, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application [to clear its deferred accounts pursuant to subsection 9,] pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions . [to file such an application.]
7.ββA public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:
(a)βAn electric utility [using deferred accounting pursuant to NRS 704.187;] which is required to adjust its rates on a quarterly basis pursuant to subsection 9; or
(b)βA public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8.
8.ββA public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utilitys recorded costs of natural gas purchased for resale. If the Commission approves such a request:
(a)βThe public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment between annual rate adjustment applications. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
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κ2007 Statutes of Nevada, Page 2982 (CHAPTER 509, SB 437)κ
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(b)βThe public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1)βMust be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2)βMust include the following:
(I)βThe total amount of the increase or decrease in the public utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II)βThe amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III)βA statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and
(IV)βAny other information required by the Commission.
(c)βThe public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d)βThe proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of natural gas included in each quarterly rate adjustment and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.
(e)βThe Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.
9.ββ[Except as otherwise provided in subsection 10 and subsection 5 of NRS 704.100, if an electric utility using deferred accounting pursuant to NRS 704.187 files an application to clear its deferred accounts and to change one or more of its rates based upon changes in the costs for purchased fuel or purchased power, the Commission, after a public hearing and by an appropriate order:
(a)βShall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the Commission.
(b)βShall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.
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κ2007 Statutes of Nevada, Page 2983 (CHAPTER 509, SB 437)κ
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period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.
10.ββBefore allowing an electric utility to clear its deferred accounts pursuant to subsection 9, the Commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this State for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The Commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility. There is no presumption that any practice or transaction was undertaken, managed or performed prudently by an electric utility applying to the Commission to clear its deferred accounts or to recover costs for purchased fuel and purchased power, and the electric utility has the burden of proving that the practices and transactions of the electric utility were reasonable and prudent.
11.]ββAn electric utility shall adjust its rates on a quarterly basis based on changes in the public utilitys recorded costs of purchased fuel or purchased power in the following manner:
(a)βAn electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(b)βEach electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customers regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customers regular monthly bill:
(1)βMust be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and
(2)βMust include the following:
(I)βThe total amount of the increase or decrease in the electric utilitys revenues from the rate adjustment, stated in dollars and as a percentage;
(II)βThe amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;
(III)βA statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and
(IV)βAny other information required by the Commission.
(c)βAn electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
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κ2007 Statutes of Nevada, Page 2984 (CHAPTER 509, SB 437)κ
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to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.
(d)βThe proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of purchased fuel and purchased power included in each quarterly rate adjustment and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.
(e)βThe Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.
10.ββIf an electric utility files an annual deferred energy accounting adjustment application [to clear its deferred accounts] pursuant to subsection 9 and NRS 704.187 while a general rate application is pending, the electric utility shall:
(a)βSubmit with its annual deferred energy accounting adjustment application [to clear its deferred accounts] information relating to the cost of service and rate design; and
(b)βSupplement its general rate application with the same information, if such information was not submitted with the general rate application.
[12.]β11.ββA utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.
[13.]β12.ββA PAR carrier may, in accordance with this section and NRS 704.100, file with the Commission a request to approve or change any schedule to provide volume or duration discounts to rates for telecommunication service for an offering made to all or any class of business customers. The Commission may conduct a hearing relating to the request, which must occur within 45 days after the date the request is filed with the Commission. The request and schedule shall be deemed approved if the request and schedule are not disapproved by the Commission within 60 days after the date the Commission receives the request.
[14.]β13.ββAs used in this section:
(a)βElectric utility has the meaning ascribed to it in NRS 704.187.
(b)βElectric utility that primarily serves densely populated counties [has the meaning ascribed to it in NRS 704.187.] means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.
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κ2007 Statutes of Nevada, Page 2985 (CHAPTER 509, SB 437)κ
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counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.
(c)βElectric utility that primarily serves less densely populated counties [has the meaning ascribed to it in NRS 704.187.] means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.
(d)βPAR carrier has the meaning ascribed to it in NRS 704.68942.
Sec.β43.ββNRS 704.187 is hereby amended to read as follows:
704.187ββ1.ββ[Except as otherwise provided in section 36 of chapter 16, Statutes of Nevada 2001, beginning on March 1, 2001, an] An electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.
2.ββAn electric utility using deferred accounting shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility, the Commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.
3.ββExcept as otherwise provided in this section, an electric utility using deferred accounting shall file an annual deferred energy accounting adjustment application [to clear its deferred accounts based on the following schedule:
(a)βAn electric utility that primarily serves less densely populated counties shall file an annual application to clear its deferred accounts on December 1, 2005, and in December] on or before March 1, 2008, and on or before March 1 of each year thereafter . [on a date specified by the Commission.
(b)βAn electric utility that primarily serves densely populated counties shall file an annual application to clear its deferred accounts on January 17, 2006, and in January of each year thereafter on a date specified by the Commission.]
4.ββ[An electric utility using deferred accounting may file a semiannual application to clear its deferred accounts if the net change in revenues necessary to clear its deferred accounts for the reported period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the Commission.
5.]ββAs used in this section:
(a)β[Application to clear its deferred accounts] Annual deferred energy accounting adjustment application means an application filed by an electric utility pursuant to this section and subsection 9 of NRS 704.110.
(b)βCosts for purchased fuel and purchased power means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy.
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κ2007 Statutes of Nevada, Page 2986 (CHAPTER 509, SB 437)κ
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purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection [10] 9 of NRS 704.110.
(c)βElectric utility means any public utility or successor in interest that:
(1)βIs in the business of providing electric service to customers;
(2)βHolds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and
(3)βIn the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.
Κ The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
[(d)βElectric utility that primarily serves densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.
(e)βElectric utility that primarily serves less densely populated counties means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.]
Sec.β43.5.ββNRS 704.741 is hereby amended to read as follows:
704.741ββ1.ββA utility which supplies electricity in this state shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.
2.ββThe Commission shall, by regulation, prescribe the contents of such a plan including, but not limited to, the methods or formulas which are used by the utility to:
(a)βForecast the future demands; and
(b)βDetermine the best combination of sources of supply to meet the demands or the best method to reduce them.
3.ββThe Commission shall require the utility to include in its plan an energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel. The energy efficiency program must include, without limitation, the use of new solar thermal energy sources.
Secs.β44-46.ββ(Deleted by amendment.)
Sec.β47.ββNRS 704.7802 is hereby amended to read as follows:
704.7802ββ1.ββEnergy efficiency measure means any measure designed, intended or used to improve energy efficiency if:
(a)βThe measure is installed on or after January 1, 2005, at the service location of a retail customer of a provider of electric service in this State;
(b)βThe measure reduces the consumption of energy by the retail customer; and
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(c)βThe costs of the acquisition or installation of the measure are directly reimbursed, in whole or in part, by the provider of electric service.
2.ββThe term does not include [:
(a)βAny] any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.
[(b)βAny solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity or any fossil fuel.]
Secs.β48 and 49.ββ(Deleted by amendment.)
Sec.β50.ββChapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββExcept as otherwise provided in subsection 3, the seller shall have the energy consumption of the residential property evaluated pursuant to the program established in section 31 of this act.
2.ββExcept as otherwise provided in subsection 4, before closing a transaction for the conveyance of residential property, the seller shall serve the purchaser with the completed evaluation required pursuant to subsection 1, if any, on a form to be provided by the Director of the Office of Energy, as prescribed in regulations adopted pursuant to section 31 of this act.
3.ββSubsection 1 does not apply to a sale or intended sale of residential property:
(a)βBy foreclosure pursuant to chapter 107 of NRS.
(b)βBetween any co-owners of the property, spouses or persons related within the third degree of consanguinity.
(c)βBy a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.
(d)βIf the seller and purchaser agree to waive the requirements of subsection 1.
4.ββIf an evaluation of a residential property was completed not more than 5 years before the seller and purchaser entered into the agreement to purchase the residential property, the seller may serve the purchaser with that evaluation.
Sec.β51.ββNRS 228.360 is hereby amended to read as follows:
228.360ββThe Consumers Advocate:
1.ββShall intervene in and represent the public interest in:
(a)βAll proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and
(b)βAll proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application . [to clear its deferred accounts.]
2.ββMay, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:
(a)βConduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.
(b)βExamine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.
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κ2007 Statutes of Nevada, Page 2988 (CHAPTER 509, SB 437)κ
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Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.
(c)βExcept as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumers Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumers Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.
3.ββAs used in this section, electric utility has the meaning ascribed to it in NRS 704.187.
Sec.β51.3.ββChapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIf the Commission on Economic Development approves an application by a business for a partial abatement pursuant to NRS 360.750, the agreement with the Commission must provide that the business:
(a)βAgrees to allow the Department to conduct audits of the business to determine whether the business is in compliance with the requirements for the partial abatement; and
(b)βConsents to the disclosure of the audit reports in the manner set forth in this section.
2.ββIf the Department conducts an audit of the business to determine whether the business is in compliance with the requirements for the partial abatement, the Department shall, upon request, provide the audit report to the Commission on Economic Development.
3.ββUntil the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Commission on Economic Development:
(a)βIs confidential proprietary information of the business;
(b)βIs not a public record; and
(c)βMust not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.
4.ββAfter the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:
(a)βThe audit report provided to the Commission on Economic Development is a public record; and
(b)βUpon request by any person, the Executive Director of the Commission on Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.
5.ββBefore the Executive Director of the Commission on Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business.
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κ2007 Statutes of Nevada, Page 2989 (CHAPTER 509, SB 437)κ
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proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:
(a)βIs confidential proprietary information of the business;
(b)βIs not a public record;
(c)βMust be redacted by the Executive Director from any audit report that is disclosed to the public; and
(d)βMust not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.
Sec.β51.7.ββNRS 360.750 is hereby amended to read as follows:
360.750ββ1.ββA person who intends to locate or expand a business in this State may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.
2.ββThe Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:
(a)βThe business is consistent with:
(1)βThe State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and
(2)βAny guidelines adopted pursuant to the State Plan.
(b)βThe applicant has executed an agreement with the Commission which [states] must:
(1)βComply with the requirements of section 51.3 of this act;
(2)βState that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection [. The agreement must bind] ; and
(3)βBind the successors in interest of the business for the specified period.
(c)βThe business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d)βExcept as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:
(1)βThe business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2)βEstablishing the business will require the business to make a capital investment of at least $1,000,000 in this State.
(3)βThe average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
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κ2007 Statutes of Nevada, Page 2990 (CHAPTER 509, SB 437)κ
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(I)βThe business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II)βThe cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(e)βExcept as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:
(1)βThe business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2)βEstablishing the business will require the business to make a capital investment of at least $250,000 in this State.
(3)βThe average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I)βThe business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II)βThe cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(f)βIf the business is an existing business, the business meets at least two of the following requirements:
(1)βThe business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2)βThe business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I)βCounty assessor of the county in which the business will expand, if the business is locally assessed; or
(II)βDepartment, if the business is centrally assessed.
(3)βThe average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I)βThe business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II)βThe cost to the business for the benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(g)βIn lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:
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κ2007 Statutes of Nevada, Page 2991 (CHAPTER 509, SB 437)κ
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patent or a copyright into a commercial product, the business meets at least two of the following requirements:
(1)βThe business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2)βEstablishing the business will require the business to make a capital investment of at least $500,000 in this State.
(3)βThe average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:
(I)βThe business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II)βThe cost to the business for the benefits the business provides to its employees in this State will meet with minimum requirements established by the Commission by regulation pursuant to subsection 9.
3.ββNotwithstanding the provisions of subsection 2, the Commission on Economic Development:
(a)βShall not consider an application for a partial abatement unless the Commission has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(b)βMay, if the Commission determines that such action is necessary:
(1)βApprove an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;
(2)βMake the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or
(3)βAdd additional requirements that a business must meet to qualify for a partial abatement.
4.ββIf a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.
5.ββIf the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:
(a)βThe Department;
(b)βThe Nevada Tax Commission; and
(c)βIf the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6.ββAn applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7.ββIf a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
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κ2007 Statutes of Nevada, Page 2992 (CHAPTER 509, SB 437)κ
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(a)βTo meet the requirements set forth in subsection 2; or
(b)βOperation before the time specified in the agreement described in paragraph (b) of subsection 2,
Κ the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8.ββA county treasurer:
(a)βShall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b)βMay use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
9.ββThe Commission on Economic Development:
(a)βShall adopt regulations relating to:
(1)βThe minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2)βThe notice that must be provided pursuant to subsection 4.
(b)βMay adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section [.] and section 51.3 of this act.
10.ββThe Nevada Tax Commission:
(a)βShall adopt regulations regarding:
(1)βThe capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and
(2)βAny security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b)βMay adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section [.] and section 51.3 of this act.
11.ββAn applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Secs.β52-61.ββ(Deleted by amendment.)
Sec.β62.ββSections 62 to 86, inclusive, of this act may be cited as the Wind Energy Systems Demonstration Program Act.
Sec.β63.ββAs used in sections 62 to 86, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 64 to 78, inclusive, of this act have the meaning ascribed to them in those sections.
Sec.β64.ββAgricultural property means any real property employed for an agricultural use as defined in NRS 361A.030.
Sec.β65.ββApplicant means a person who is applying to participate in the Wind Demonstration Program.
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κ2007 Statutes of Nevada, Page 2993 (CHAPTER 509, SB 437)κ
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Sec.β66.ββCategory means one of the categories of participation in the Wind Demonstration Program as set forth in section 79 of this act.
Sec.β67.ββCommission means the Public Utilities Commission of Nevada.
Sec.β68.ββ(Deleted by amendment.)
Sec.β69.ββInstitution of higher education means:
1.ββA university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or
2.ββA postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.
Sec.β70.ββParticipant means a person who has been selected by the Task Force pursuant to section 83 of this act to participate in the Wind Demonstration Program.
Sec.β71.ββPerson includes, without limitation, a governmental entity.
Sec.β72.ββProgram year means the period of July 1 to June 30 of the following year.
Sec.β73.ββPublic property means any real property, building or facilities owned, leased or occupied by:
1.ββA department, agency or instrumentality of the State or any of its political subdivisions which is used for the transaction of public or quasi-public business; or
2.ββA nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended, or a corporation for public benefit as defined in NRS 82.021.
Sec.β74.ββSchool property means any real property, building or facilities owned, leased or occupied by:
1.ββA public school as defined in NRS 385.007;
2.ββA private school as defined in NRS 394.103; or
3.ββAn institution of higher education.
Sec.β75.ββSmall business means a business conducted for profit which employs 500 or fewer full-time or part-time employees.
Sec.β75.5.ββTask Force means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.
Sec.β76.ββUtility means a public utility that supplies electricity in this State.
Sec.β77.ββWind Demonstration Program or Program means the Wind Energy Systems Demonstration Program created by section 79 of this act.
Sec.β78.ββWind energy system means a facility or energy system for the generation of electricity that uses wind energy to generate electricity.
Sec.β79.ββ1.ββThe Wind Energy Systems Demonstration Program is hereby created.
2.ββThe Program must have four categories as follows:
(a)βSchool property;
(b)βOther public property;
(c)βPrivate residential property and small business property; and
(d)βAgricultural property.
3.ββTo be eligible to participate in the Program, a person must:
(a)βMeet the qualifications established by the Commission pursuant to section 80 of this act;
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(b)βSubmit an application to a utility and be selected by the Task Force for inclusion in the Program pursuant to sections 82 and 83 of this act;
(c)βWhen installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors Board pursuant to the regulations adopted by the Board; and
(d)βIf the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.
Sec.β80.ββThe Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:
1.ββThe qualifications and requirements an applicant must meet to be eligible to participate in the Program in each particular category of:
(a)βSchool property;
(b)βOther public property;
(c)βPrivate residential property and small business property; and
(d)βAgricultural property.
2.ββThe type of incentives available to participants in the Program and the level or amount of those incentives.
3.ββThe requirements for a utilitys annual plan for carrying out and administering the Program. A utilitys annual plan must include, without limitation:
(a)βA detailed plan for advertising the Program;
(b)βA detailed budget and schedule for carrying out and administering the Program;
(c)βA detailed account of administrative processes and forms that will be used to carry out and administer the Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Program;
(d)βA detailed account of the procedures that will be used for inspection and verification of a participants wind energy system and compliance with the Program;
(e)βA detailed account of training and educational activities that will be used to carry out and administer the Program; and
(f)βAny other information required by the Commission.
Sec.β81.ββ1.ββEach utility shall carry out and administer the Wind Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to section 82 of this act.
2.ββA utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
Sec.β82.ββ1.ββOn or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area for the following program year.
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κ2007 Statutes of Nevada, Page 2995 (CHAPTER 509, SB 437)κ
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2.ββOn or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:
(a)βReview the annual plan filed by each utility for compliance with the requirements established by regulation; and
(b)βApprove the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.
3.ββOn or before November 1, 2008, and on or before November 1 of each year thereafter, each utility shall submit to the Task Force the utilitys recommendations as to which applications received by the utility should be approved for participation in the Program. The Task Force shall review the applications to ensure that each applicant meets the qualifications and requirements to be eligible to participate in the Program.
4.ββExcept as otherwise provided in section 83 of this act, the Task Force may approve, from among the applications recommended by each utility, wind energy systems totaling:
(a)βFor the program year beginning July 1, 2008:
(1)β500 kilowatts of capacity for school property;
(2)β500 kilowatts of capacity for other public property;
(3)β700 kilowatts of capacity for private residential property and small business property; and
(4)β700 kilowatts of capacity for agricultural property.
(b)βFor the program year beginning July 1, 2009:
(1)βAn additional 250 kilowatts of capacity for school property;
(2)βAn additional 250 kilowatts of capacity for other public property;
(3)βAn additional 350 kilowatts of capacity for private residential property and small business property; and
(4)βAn additional 350 kilowatts of capacity for agricultural property.
(c)βFor the program year beginning July 1, 2010:
(1)βAn additional 250 kilowatts of capacity for school property;
(2)βAn additional 250 kilowatts of capacity for other public property;
(3)βAn additional 350 kilowatts of capacity for private residential property and small business property; and
(4)βAn additional 350 kilowatts of capacity for agricultural property.
Sec.β83.ββ1.ββBased on the applications submitted by each utility for a program year, the Task Force shall:
(a)βWithin the limits of the capacity allocated to each category, select applicants to be participants in the Wind Demonstration Program and place those applicants on a list of participants; and
(b)βSelect applicants to be placed on a prioritized waiting list to become participants in the Program if any capacity within a category becomes available.
2.ββNot later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.
3.ββIf the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Task Force may, in any combination it deems appropriate:
(a)βAllow a utility to submit additional applications from applicants who want to participate in that category; or
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(b)βReallocate any of the unused capacity in that category to any of the other categories.
4.ββAt any time after submitting an application to participate in the Program to a utility, an applicant may energize his wind energy system if the wind energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who energizes his wind energy system under such circumstances remains eligible to participate in the Program, and the energizing of the wind energy system does not alter the applicants status on the list of participants or the prioritized waiting list.
Sec.β84.ββ1.ββExcept as otherwise provided in this section, if the Task Force determines that a participant has not complied with the requirements for participation in the Wind Demonstration Program, the Task Force shall, after notice and an opportunity for a hearing, withdraw the participant from the Program.
2.ββThe Task Force may, without notice or an opportunity for a hearing, withdraw from the Program:
(a)βA participant in the category of private residential property and small business property or a participant in the category of agricultural property if the participant does not complete the installation of a wind energy system within 12 months after the date the participant receives written notice of his selection to participate in the Program.
(b)βA participant in the category of school property or a participant in the category of other public property if the participant does not complete the installation of a wind energy system within 30 months after the date the participant receives written notice of his selection to participate in the Program.
3.ββA participant who is withdrawn from the Program pursuant to subsection 2 forfeits any incentives.
Sec.β85.ββ1.ββAfter a participant installs a wind energy system included in the Wind Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the wind energy system.
2.ββAll portfolio energy credits issued for a wind energy system installed pursuant to the Wind Demonstration Program must be assigned to and become the property of the utility administering the Program.
Sec.β86.ββIf a wind energy system used by a participant in the Wind Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
Sec.β87.ββSections 87 to 106, inclusive, of this act may be cited as the Waterpower Energy Systems Demonstration Program Act.
Sec.β88.ββAs used in sections 87 to 106, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 89 to 98, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.β89.ββApplicant means a person who is applying to participate in the Waterpower Demonstration Program.
Sec.β90.ββCommission means the Public Utilities Commission of Nevada.
Sec.β91.ββ(Deleted by amendment.)
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κ2007 Statutes of Nevada, Page 2997 (CHAPTER 509, SB 437)κ
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Sec.β92.ββParticipant means a person who has been selected by the Commission to participate in the Waterpower Demonstration Program.
Sec.β93.ββPerson includes, without limitation, a public entity.
Sec.β94.ββProgram year means the period of July 1 to June 30 of the following year.
Sec.β94.5.ββTask Force means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.
Sec.β95.ββUtility means a public utility that supplies electricity in this State.
Sec.β96.ββWaterpower has the meaning ascribed to it in subsection 3 of NRS 704.7811.
Sec.β97.ββWaterpower energy system means a facility or energy system for the generation of electricity that uses waterpower to generate electricity.
Sec.β98.ββWaterpower Demonstration Program or Program means the Waterpower Energy Systems Demonstration Program created by section 99 of this act.
Sec.β99.ββ1.ββThe Waterpower Energy Systems Demonstration Program is hereby created.
2.ββThe Waterpower Demonstration Program is created for agricultural uses.
3.ββTo be eligible to participate in the Waterpower Demonstration Program, a person must meet the qualifications established pursuant to subsection 4 and apply to and be selected by the Task Force for inclusion in the Waterpower Demonstration Program.
4.ββThe Commission shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Waterpower Demonstration Program.
Sec.β100.ββThe Task Force is responsible for the administration and delivery of the Waterpower Demonstration Program as approved by the Commission.
Sec.β101.ββThe Commission shall adopt regulations that establish:
1.ββThe level, amount and type of incentives available for participants in the Waterpower Demonstration Program.
2.ββThe requirements for an annual plan for the administration and delivery of the Waterpower Demonstration Program. The requirements for an annual plan must include, without limitation:
(a)βAn advertising plan;
(b)βA detailed budget;
(c)βA schedule;
(d)βAdministrative processes, including, without limitation, a copy of the application and process for accepting applications;
(e)βAn inspection and verification process;
(f)βProposed training and educational activities; and
(g)βAny other information required by the Commission.
Sec.β102.ββ1.ββOn or before February 21, 2008, and on or before February 1 of each subsequent year, each utility shall file with the Commission for approval an annual plan for the administration and delivery of the Waterpower Demonstration Program for the program year beginning July 1, 2008, and each subsequent year thereafter.
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κ2007 Statutes of Nevada, Page 2998 (CHAPTER 509, SB 437)κ
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2.ββOn or before July 1, 2008, and on or before each July 1 of each subsequent year, the Commission shall review the annual plan for compliance with the requirements set forth by regulation of the Commission.
3.ββOn or before November 1, 2008, and on or before November 1 of each subsequent year, each utility shall submit to the Task Force a recommendation of which applications received should be accepted into the program. The Task Force shall review the applications to ensure that the applicant meets the requirements adopted pursuant to subsection 4 of section 99 of this act.
4.ββThe Task Force may approve, from among the applications recommended by each utility, waterpower energy systems totaling:
(a)βFor the program year beginning July 1, 2008, 200 kilowatts of capacity;
(b)βFor the program year beginning July 1, 2009, an additional 100 kilowatts of capacity; and
(c)βFor the program year beginning July 1, 2010, an additional 100 kilowatts of capacity.
Sec.β103.ββEach utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Waterpower Demonstration Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
Sec.β104.ββ1.ββAfter a participant installs a waterpower energy system included in the Waterpower Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the waterpower energy system of the participant.
2.ββAll portfolio energy credits issued for a waterpower energy system installed pursuant to the Waterpower Demonstration Program are assigned to and become the property of the utility administering the Program.
Sec.β105.ββIf the waterpower energy system used by a participant in the Waterpower Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
Sec.β106.ββIf the Commission determines that a participant did not comply with the requirements for participation in the Waterpower Demonstration Program, the Commission shall, after notice and an opportunity for a hearing, withdraw the participant from the Waterpower Demonstration Program. Notice or a hearing is not required for dropping an applicant from the Program who fails to meet any completion time frames specified for the Program.
Sec.β107.ββ(Deleted by amendment.)
Sec.β108.ββSection 24 of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, at page 90, is hereby amended to read as follows:
Sec.β24.ββThe provisions of sections 4 to 21, inclusive, of this act expire by limitation on June 30, [2010.] 2007.
Secs.β109-111.ββ(Deleted by amendment.)
Sec.β112.ββWith regard to solar energy systems, it is the intent of the Legislature to substitute the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act in a continuing way for the provisions of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as last amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, except that if there is a conflict between the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act, and the provisions of the Solar Energy Systems Demonstration Program Act, the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act control.
Β
κ2007 Statutes of Nevada, Page 2999 (CHAPTER 509, SB 437)κ
Β
inclusive, 44 to 49, inclusive, and 108 of this act in a continuing way for the provisions of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as last amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, except that if there is a conflict between the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act, and the provisions of the Solar Energy Systems Demonstration Program Act, the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act control.
Sec.β112.5.ββThe provisions of sections 51.3 and 51.7 of this act do not apply to any abatement for which an agreement was executed before July 1, 2007, between the Commission on Economic Development and the business to which the abatement was granted.
Sec.β113.ββ1.ββThis act becomes effective:
(a)βUpon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and
(b)βFor all other purposes besides those described in paragraph (a):
(1)βFor this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.
(2)βFor sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.
(3)βFor sections 62 to 106, inclusive, of this act, on October 1, 2007.
(4)βFor sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.
(5)βFor section 48 of this act, on January 1, 2010.
(6)βFor section 50 of this act, on January 1, 2011.
2.ββSections 62 to 106, inclusive, of this act expire by limitation on June 30, 2011.
________
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κ2007 Statutes of Nevada, Page 3000κ
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Assembly Bill No. 178Assemblymen Bobzien, Buckley, Leslie, Pierce, Anderson, Conklin, Horne, Kirkpatrick, Manendo, Oceguera, Parks and Segerblom
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Joint Sponsor: Senator Titus
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CHAPTER 510
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AN ACT relating to energy; requiring certain lights sold in this State to meet certain standards of energy efficiency; revising the authority of the Director of the Office of Energy; revising the membership of the Task Force for Renewable Energy and Energy Conservation; revising various provisions relating to net metering; revising provisions governing the exemption of electric generating plants; providing for the establishment of a pilot program to collect and separate recyclable material that may be used as renewable energy or converted into renewable fuel; providing for the establishment of the Wind Energy Systems Demonstration Program; and providing other matters properly relating thereto.
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[Approved: June 14, 2007]
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Legislative Counsels Digest:
Section 1 of this bill prohibits the sale in this State of certain general purpose lights that do not produce a certain amount of lumens per watt of electricity consumed, and requires the Director of the Office of Energy to adopt regulations establishing a minimum standard of energy efficiency for such lights.
Existing law provides for the membership of the Task Force for Renewable Energy and Energy Conservation. (NRS 701.350) Sections 1.35 and 29.7 of this bill revise the membership of the Task Force.
Existing law authorizes a customer of an electric utility to use a net metering system on the customers premises to generate electricity to offset part or all of the customers requirements for electricity. The net metering system must use renewable energy as its primary source of energy to generate electricity, and the system is allowed to have a generating capacity of not more than 150 kilowatts. (NRS 704.766-704.775)
Section 1.4 of this bill provides that one of the purposes and policies of the Legislature in enacting the net metering statutes is to streamline the process for customers of a utility to apply for and install net metering systems.
Section 1.5 of this bill provides for a general increase in the permissible capacity of net metering systems and allows a customer-generator to use a net metering system of not more than 1 megawatt. However, section 1.5 also places specific limitations on the capacity of net metering systems under certain circumstances.
Section 2 of this bill requires the Public Utilities Commission of Nevada to adopt regulations regarding a net metering tariff and a standard net metering contract. Section 3 of this bill changes the method for calculating the value of the electricity generated by certain net metering systems.
Existing law provides for the establishment of programs for collecting and separating recyclable material. (Chapter 444A of NRS) Section 4.5 of this bill provides that in a county whose population is 400,000 or more (currently Clark County), the board of county commissioners shall, in conjunction with each licensed hauler of garbage and refuse, establish a pilot program for collecting and separating recyclable material that may be used as a source of renewable energy or converted into renewable fuel.
Β
κ2007 Statutes of Nevada, Page 3001 (CHAPTER 510, AB 178)κ
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Under the Solar Energy Systems Demonstration Program Act, certain entities, such as schools and public agencies, which install solar energy systems are entitled to participate in a demonstration program and receive incentives for such participation. (Chapter 331, Statutes of Nevada 2003, p. 1868) The Solar Energy Systems Demonstration Program Act expires by limitation on June 30, 2010. (Chapter 2, Statutes of Nevada 2005, 22nd Special Session, p. 90)
Sections 5-29 of this bill enact the Wind Energy Systems Demonstration Program Act, a similar demonstration program for wind energy systems. Under this bill, the Wind Energy Systems Demonstration Program Act expires by limitation on certain specified dates.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 701 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββBetween January 1, 2012, and December 31, 2015, inclusive, no general purpose light may be sold in this State unless it produces at least 25 lumens per watt of electricity consumed.
2.ββOn and after January 1, 2016, no general purpose light may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection 3 for lumens per watt of electricity consumed.
3.ββThe Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:
(a)βEstablish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general purpose lights sold in this State on and after January 1, 2016. The minimum standard of energy efficiency established by the Director must exceed 25 lumens per watt of electricity consumed.
(b)βAttempt to minimize the overall cost to consumers for general purpose lighting, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.
4.ββAs used in this section, general purpose light means lamps, bulbs, tubes or other devices that provide functional illumination for indoor or outdoor use. The term does not include specialty lighting or lighting necessary to provide illumination for persons with special needs, as defined by the Director by regulation.
Sec.β1.3.ββNRS 701.170 is hereby amended to read as follows:
701.170ββThe Director may:
1.ββAdminister any gifts or grants which the Office of Energy is authorized to accept for the purposes of this chapter.
2.ββExpend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.
3.ββEnter into any cooperative agreement with any federal or state agency or political subdivision.
4.ββParticipate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.
Β
κ2007 Statutes of Nevada, Page 3002 (CHAPTER 510, AB 178)κ
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5.ββAssist developers of renewable energy generation projects in preparing and making requests to obtain money for development through the issuance of industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.
6.ββAdopt any regulations that the Director determines are necessary to carry out the duties of the Office of Energy pursuant to this chapter.
7.ββWithin the limits of legislative appropriations and other money authorized for expenditure for such purposes, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the Office of Energy. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Office of Energy.
8.ββWithin the limits of legislative appropriations and other money authorized for expenditure for such purposes, negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Office of Energy.
Sec.β1.35.ββNRS 701.350 is hereby amended to read as follows:
701.350ββ1.ββThe Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of [11] 15 members who are appointed as follows:
(a)βTwo members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this State with respect to biomass and the other of whom represents the interests of the mining industry in this State.
(b)βTwo members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this State with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.
(c)β[One member] Two members appointed by the Minority Leader of the Senate [to represent] , one of whom represents the interests of the natural gas industry in this State and one of whom represents the interests of the renewable energy industry in this State with respect to solar energy.
(d)β[One member] Two members appointed by the Minority Leader of the Assembly to represent the interests of the [public] electric utilities in this State.
(e)βTwo members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this State with respect to wind and the other of whom represents the interests of the gaming industry in this State.
(f)βOne member appointed by the Consumers Advocate to represent the interests of the consumers in this State.
(g)βOne member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.
(h)βOne member appointed by the Governor to represent the interests of energy conservation and the efficient use of energy in this State.
(i)βOne member appointed by the Chancellor of the Nevada System of Higher Education to represent the interests of education and academic research in this State.
Β
κ2007 Statutes of Nevada, Page 3003 (CHAPTER 510, AB 178)κ
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(j)βOne member who is an appointed member of the Commission on Economic Development and who has been selected by that Commission to serve as a member of the Task Force.
2.ββA member of the Task Force:
(a)βMust be a citizen of the United States and a resident of this State.
(b)βMust have training, education, experience or knowledge concerning:
(1)βThe development or use of renewable energy;
(2)βFinancing, planning or constructing renewable energy generation projects;
(3)βMeasures which conserve or reduce the demand for energy or which result in more efficient use of energy;
(4)βWeatherization;
(5)βBuilding and energy codes and standards;
(6)βGrants or incentives concerning energy;
(7)βPublic education or community relations; or
(8)βAny other matter within the duties of the Task Force.
(c)βMust not be an officer or employee of the Legislative or Judicial Department of State Government.
3.ββAfter the initial terms, the term of each member of the Task Force is 3 years [.] , except that the member of the Task Force who is also an appointed member of the Commission on Economic Development serves at the pleasure of that Commission. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.
4.ββA member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Task Force to:
(a)βMake up the time he is absent from work to carry out his duties as a member of the Task Force; or
(b)βTake annual leave or compensatory time for the absence.
Sec.β1.4.ββNRS 704.766 is hereby amended to read as follows:
704.766ββIt is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to 704.775, inclusive, to:
1.ββEncourage private investment in renewable energy resources;
2.ββStimulate the economic growth of this State; [and]
3.ββEnhance the continued diversification of the energy resources used in this State [.]; and
4.ββStreamline the process for customers of a utility to apply for and install net metering systems.
Sec.β1.5.ββNRS 704.771 is hereby amended to read as follows:
704.771ββ1.ββNet metering system means a facility or energy system for the generation of electricity that:
[1.]β(a)βUses renewable energy as its primary source of energy to generate electricity;
[2.]β(b)βHas a generating capacity of not more than [150 kilowatts;
3.]β1 megawatt;
(c)βIs located on the customer-generators premises;
Β
κ2007 Statutes of Nevada, Page 3004 (CHAPTER 510, AB 178)κ
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[4.]β(d)βOperates in parallel with the utilitys transmission and distribution facilities; and
[5.]β(e)βIs intended primarily to offset part or all of the customer-generators requirements for electricity.
2.ββThe term does not include a facility or energy system for the generation of electricity which has a generating capacity that exceeds the greater of:
(a)βThe limit on the demand that the class of customer of the customer-generator may place on the system of the utility; or
(b)βOne hundred fifty percent of the peak demand of the customer.
Sec.β2.ββNRS 704.773 is hereby amended to read as follows:
704.773ββ1.ββA utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area until the cumulative capacity of all such net metering systems is equal to 1 percent of the utilitys peak capacity.
2.ββIf the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than [30] 100 kilowatts, the utility:
(a)βShall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.
(b)βMay, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c)βShall not charge a customer-generator any fee or charge that would increase the customer-generators minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.
3.ββIf the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than [30] 100 kilowatts, the utility [may:
(a)βRequire] :
(a)βMay require the customer-generator to install at its own cost [an] :
(1)βAn energy meter that is capable of measuring generation output and customer load [.] ; and
(2)βAny upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.
(b)β[Charge] Except as otherwise provided in paragraph (c), may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.
(c)βShall not charge the customer-generator any standby charge.
Κ At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.
4.ββThe Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:
(a)βThe particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
Β
κ2007 Statutes of Nevada, Page 3005 (CHAPTER 510, AB 178)κ
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(1)βMetering equipment;
(2)βNet energy metering and billing; and
(3)βInterconnection,
Κ based on the allowable size of the net metering system.
(b)βThe particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(c)βA timeline for processing applications and contracts for net metering applicants.
(d)βAny other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive.
Sec.β3.ββNRS 704.775 is hereby amended to read as follows:
704.775ββ1.ββThe billing period for net metering must be a monthly period.
2.ββ[If a customer-generators net metering system has a capacity of not more than 30 kilowatts, the] The net energy measurement must be calculated in the following manner:
(a)βThe utility shall measure, in kilowatt-hours, the net electricity produced or consumed during the billing period, in accordance with normal metering practices.
(b)βIf the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.
(c)βIf the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:
(1)βNeither the utility nor the customer-generator is entitled to compensation for the electricity provided to the other during the billing period.
(2)βThe excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt - hours generated by the customer-generator in that billing period. If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods.
(3)βExcess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if:
(I)βThe net metering system ceases to operate or is disconnected from the utilitys transmission and distribution facilities;
(II)βThe customer-generator ceases to be a customer of the utility at the premises served by the net metering system; or
(III)βThe customer-generator transfers the net metering system to another person.
(4)βThe value of the excess electricity [which is fed back to the utility shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.
Β
κ2007 Statutes of Nevada, Page 3006 (CHAPTER 510, AB 178)κ
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3.ββIf a customer-generators net metering system has a capacity of more than 30 kilowatts, the net energy measurement must be calculated in the following manner:
(a)βThe utility shall:
(1)βMeasure, in kilowatt-hours, the amount of electricity supplied by the utility to the customer-generator during the billing period and calculate its value using the tariff that would be applicable if the customer-generator did not use a net metering system; and
(2)βMeasure, in kilowatt-hours, the amount of electricity generated by the customer-generator which is fed back to the utility during the billing period and calculate its value at a rate that is consistent with the rate used to calculate the value of the electricity supplied by the utility.
(b)βIf the value of electricity supplied by the utility exceeds the value of the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net value of the electricity supplied by the utility.
(c)βIf the value of the electricity generated by the customer-generator which is fed back to the utility exceeds the value of the electricity supplied by the utility during the billing period:
(1)βNeither the utility nor the customer-generator is entitled to compensation for the value of the electricity provided to the other during the billing period.
(2)βThe value of the excess electricity:
(I)βMust not be shown as a credit on the customer-generators bill for that billing period but must be reflected as a credit that is carried forward to offset the value of the electricity supplied by the utility during a subsequent billing period. At the discretion of the utility, the credit may be in a dollar amount or in kilowatt-hours. If the credit is reflected as excess electricity and the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods. Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if the net metering system ceases to operate or is disconnected from the utilitys transmission and distribution facilities, the customer-generator ceases to be a customer of the utility at the premises served by the net metering system or the customer-generator transfers the net metering system to another person.
(II)βDoes not reduce any other fee or charge imposed by the utility.
(3)βThe excess electricity which is fed back to the utility] must not be used to reduce any other fee or charge imposed by the utility.
3.ββIf the cost of purchasing and installing a net metering system was paid for:
(a)βIn whole or in part by a utility, the electricity generated by the net metering system shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.
Β
κ2007 Statutes of Nevada, Page 3007 (CHAPTER 510, AB 178)κ
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(b)βEntirely by a customer-generator, the Commission shall issue to the customer-generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the electricity generated by the net metering system.
4.ββA bill for electrical service is due at the time established pursuant to the terms of the contract between the utility and the customer-generator.
Sec.β4.ββNRS 704.860 is hereby amended to read as follows:
704.860ββUtility facility means:
1.ββElectric generating plants and their associated facilities, except:
(a)βElectric generating plants and their associated facilities that are or will be located entirely within the boundaries of a county whose population is 100,000 or more; or
(b)βElectric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity and which have or will have a generating capacity of not more than [150 kilowatts,] 35 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771.
Κ As used in this subsection, associated facilities includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.
2.ββElectric transmission lines and transmission substations that:
(a)βAre designed to operate at 200 kilovolts or more;
(b)βAre not required by local ordinance to be placed underground; and
(c)βAre constructed outside any incorporated city.
3.ββGas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside:
(a)βAny incorporated city; and
(b)βAny county whose population is 100,000 or more.
4.ββWater storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.
5.ββSewer transmission and treatment facilities.
Sec.β4.5.ββChapter 444A of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe board of county commissioners in a county whose population is 400,000 or more shall, in conjunction with each licensed hauler of garbage and refuse operating in the county, establish a pilot program for collecting and separating recyclable material that has the potential to be used as a source of renewable energy or converted into renewable fuel.
2.ββThe pilot program must include, without limitation:
(a)βAn exploration of technologies and processes that are able to use recyclable material as a source of renewable energy or convert recyclable material into renewable fuel.
(b)βThe creation and maintenance of adequate records to allow an assessment of the feasibility of establishing a statewide recycling standard.
3.ββThe pilot program must not conflict with the standards relating to recyclable material adopted by the State Environmental Commission pursuant to NRS 444A.020.
Β
κ2007 Statutes of Nevada, Page 3008 (CHAPTER 510, AB 178)κ
Β
4.ββAs used in this section:
(a)βLicensed hauler of garbage and refuse means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable material.
(b)βRecyclable material has the meaning ascribed to it in NRS 444A.013.
Sec.β5.ββSections 5 to 29, inclusive, of this act may be cited as the Wind Energy Systems Demonstration Program Act.
Sec.β6.ββAs used in sections 5 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7 to 21, inclusive, of this act have the meaning ascribed to them in those sections.
Sec.β7.ββAgricultural property means any real property employed for an agricultural use as defined in NRS 361A.030.
Sec.β8.ββApplicant means a person who is applying to participate in the Wind Demonstration Program.
Sec.β9.ββCategory means one of the categories of participation in the Wind Demonstration Program as set forth in section 22 of this act.
Sec.β10.ββCommission means the Public Utilities Commission of Nevada.
Sec.β11.ββ(Deleted by amendment.)
Sec.β12.ββInstitution of higher education means:
1.ββA university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or
2.ββA postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.
Sec.β13.ββParticipant means a person who has been selected by the Task Force pursuant to section 26 of this act to participate in the Wind Demonstration Program.
Sec.β14.ββPerson includes, without limitation, a governmental entity.
Sec.β15.ββProgram year means the period of July 1 to June 30 of the following year.
Sec.β16.ββPublic property means any real property, building or facilities owned, leased or occupied by:
1.ββA department, agency or instrumentality of the State or any of its political subdivisions which is used for the transaction of public or quasi-public business; or
2.ββA nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended, or a corporation for public benefit as defined in NRS 82.021.
Sec.β17.ββSchool property means any real property, building or facilities owned, leased or occupied by:
1.ββA public school as defined in NRS 385.007;
2.ββA private school as defined in NRS 394.103; or
3.ββAn institution of higher education.
Sec.β18.ββSmall business means a business conducted for profit which employs 500 or fewer full-time or part-time employees.
Sec.β18.5.ββTask Force means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.
Sec.β19.ββUtility means a public utility that supplies electricity in this State.
Β
κ2007 Statutes of Nevada, Page 3009 (CHAPTER 510, AB 178)κ
Β
Sec.β20.ββWind Demonstration Program or Program means the Wind Energy Systems Demonstration Program created by section 22 of this act.
Sec.β21.ββWind energy system means a facility or energy system for the generation of electricity that uses wind energy to generate electricity.
Sec.β22.ββ1.ββThe Wind Energy Systems Demonstration Program is hereby created.
2.ββThe Program must have four categories as follows:
(a)βSchool property;
(b)βOther public property;
(c)βPrivate residential property and small business property; and
(d)βAgricultural property.
3.ββTo be eligible to participate in the Program, a person must:
(a)βMeet the qualifications established by the Commission pursuant to section 23 of this act;
(b)βSubmit an application to a utility and be selected by the Task Force for inclusion in the Program pursuant to sections 25 and 26 of this act;
(c)βWhen installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors Board pursuant to the regulations adopted by the Board; and
(d)βIf the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.
Sec.β23.ββThe Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:
1.ββThe qualifications and requirements an applicant must meet to be eligible to participate in the Program in each particular category of:
(a)βSchool property;
(b)βOther public property;
(c)βPrivate residential property and small business property; and
(d)βAgricultural property.
2.ββThe type of incentives available to participants in the Program and the level or amount of those incentives.
3.ββThe requirements for a utilitys annual plan for carrying out and administering the Program. A utilitys annual plan must include, without limitation:
(a)βA detailed plan for advertising the Program;
(b)βA detailed budget and schedule for carrying out and administering the Program;
(c)βA detailed account of administrative processes and forms that will be used to carry out and administer the Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Program;
(d)βA detailed account of the procedures that will be used for inspection and verification of a participants wind energy system and compliance with the Program;
(e)βA detailed account of training and educational activities that will be used to carry out and administer the Program; and
Β
κ2007 Statutes of Nevada, Page 3010 (CHAPTER 510, AB 178)κ
Β
(f)βAny other information required by the Commission.
Sec.β24.ββ1.ββEach utility shall carry out and administer the Wind Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to section 25 of this act.
2.ββA utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.
Sec.β25.ββ1.ββOn or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area for the following program year.
2.ββOn or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:
(a)βReview the annual plan filed by each utility for compliance with the requirements established by regulation; and
(b)βApprove the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.
3.ββOn or before November 1, 2008, and on or before November 1 of each year thereafter, each utility shall submit to the Task Force the utilitys recommendations as to which applications received by the utility should be approved for participation in the Program. The Task Force shall review the applications to ensure that each applicant meets the qualifications and requirements to be eligible to participate in the Program.
4.ββExcept as otherwise provided in section 26 of this act, the Task Force may approve, from among the applications recommended by each utility, wind energy systems totaling:
(a)βFor the program year beginning July 1, 2008:
(1)β500 kilowatts of capacity for school property;
(2)β500 kilowatts of capacity for other public property;
(3)β700 kilowatts of capacity for private residential property and small business property; and
(4)β700 kilowatts of capacity for agricultural property.
(b)βFor the program year beginning July 1, 2009:
(1)βAn additional 250 kilowatts of capacity for school property;
(2)βAn additional 250 kilowatts of capacity for other public property;
(3)βAn additional 350 kilowatts of capacity for private residential property and small business property; and
(4)βAn additional 350 kilowatts of capacity for agricultural property.
(c)βFor the program year beginning July 1, 2010:
(1)βAn additional 250 kilowatts of capacity for school property;
(2)βAn additional 250 kilowatts of capacity for other public property;
(3)βAn additional 350 kilowatts of capacity for private residential property and small business property; and
(4)βAn additional 350 kilowatts of capacity for agricultural property.
Sec.β26.ββ1.ββBased on the applications submitted by each utility for a program year, the Task Force shall:
Β
κ2007 Statutes of Nevada, Page 3011 (CHAPTER 510, AB 178)κ
Β
(a)βWithin the limits of the capacity allocated to each category, select applicants to be participants in the Wind Demonstration Program and place those applicants on a list of participants; and
(b)βSelect applicants to be placed on a prioritized waiting list to become participants in the Program if any capacity within a category becomes available.
2.ββNot later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.
3.ββIf the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Task Force may, in any combination it deems appropriate:
(a)βAllow a utility to submit additional applications from applicants who want to participate in that category; or
(b)βReallocate any of the unused capacity in that category to any of the other categories.
4.ββAt any time after submitting an application to participate in the Program to a utility, an applicant may energize his wind energy system if the wind energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who energizes his wind energy system under such circumstances remains eligible to participate in the Program, and the energizing of the wind energy system does not alter the applicants status on the list of participants or the prioritized waiting list.
Sec.β27.ββ1.ββExcept as otherwise provided in this section, if the Task Force determines that a participant has not complied with the requirements for participation in the Wind Demonstration Program, the Task Force shall, after notice and an opportunity for a hearing, withdraw the participant from the Program.
2.ββThe Task Force may, without notice or an opportunity for a hearing, withdraw from the Program:
(a)βA participant in the category of private residential property and small business property or a participant in the category of agricultural property if the participant does not complete the installation of a wind energy system within 12 months after the date the participant receives written notice of his selection to participate in the Program.
(b)βA participant in the category of school property or a participant in the category of other public property if the participant does not complete the installation of a wind energy system within 30 months after the date the participant receives written notice of his selection to participate in the Program.
3.ββA participant who is withdrawn from the Program pursuant to subsection 2 forfeits any incentives.
Sec.β28.ββ1.ββAfter a participant installs a wind energy system included in the Wind Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the wind energy system.
2.ββAll portfolio credits issued for a wind energy system installed pursuant to the Wind Demonstration Program must be assigned to and become the property of the utility administering the Program.
Β
κ2007 Statutes of Nevada, Page 3012 (CHAPTER 510, AB 178)κ
Β
Sec.β29.ββIf a wind energy system used by a participant in the Wind Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.
Sec.β29.5.ββThe Director of the Office of Energy shall adopt the regulations required by section 1 of this act on or before October 1, 2011.
Sec.β29.7.ββ1.ββThe appointment of the additional members to the Task Force for Renewable Energy and Energy Conservation required by NRS 701.350, as amended by section 1.35 of this act, must be made as soon as practicable on or after passage and approval of this act, except that none of the additional members may begin serving a term sooner than July 1, 2007.
2.ββThe initial terms of the additional members appointed pursuant to paragraphs (c) and (d) of subsection 1 of NRS 701.350, as amended by section 1.35 of this act, expire on June 30, 2010.
3.ββThe initial term of the additional member appointed pursuant to paragraph (i) of subsection 1 of NRS 701.350, as amended by section 1.35 of this act, expires on June 30, 2009.
Sec.β30.ββ1.ββThis section and sections 1.4 to 4, inclusive, of this act become effective upon passage and approval.
2.ββSections 1.35 and 29.7 of this act become effective:
(a)βUpon passage and approval for the purposes of appointing additional members to the Task Force for Renewable Energy and Energy Conservation; and
(b)βOn July 1, 2007, for all other purposes.
3.ββSections 1, 1.3 and 4.5 to 29.5, inclusive, of this act become effective:
(a)βUpon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and
(b)βOn October 1, 2007, for all other purposes.
4.ββSections 5 to 29, inclusive, of this act expire by limitation on June 30, 2011, except that if a substantially similar Wind Energy Systems Demonstration Program Act is enacted into law and becomes effective on or before October 1, 2007, sections 5 to 29, inclusive, of this act expire by limitation on the date on which the substantially similar Wind Energy Systems Demonstration Program Act becomes effective.
________
Β
κ2007 Statutes of Nevada, Page 3013κ
Β
Senate Bill No. 331Senator Coffin (by request)
Β
CHAPTER 511
Β
AN ACT relating to natural resources; revising provisions concerning the use of certain money in the Solid Waste Management Account; requiring the Division of Environmental Protection of the State Department of Conservation and Natural Resources to encourage the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste; and providing other matters properly relating thereto.
Β
[Approved: June 14, 2007]
Β
Legislative Counsels Digest:
Under existing law, the proceeds from: (1) civil penalties for violations of certain laws concerning the management and disposal of solid waste; (2) damages recovered from persons or municipalities that violate those laws; and (3) the $1 recycling fee that is collected on each new tire sold are deposited in the Solid Waste Management Account. (NRS 444.596, 444.598, 444A.090) The money in the Account is then allocated among the State Department of Conservation and Natural Resources and the various solid waste management authorities to be used for solid waste management and public education. (NRS 444.616) Under existing law, the Department is required to transfer a portion of the money it receives to the Division of Environmental Protection of the Department to use for public education concerning the States plan for solid waste management. Section 1 of this bill authorizes the Division to use this money to also support other activities that encourage the reduction of solid waste.
Under existing law, the Division is required to establish, sponsor, assist or otherwise conduct various programs and other activities that encourage the reduction of waste and litter. (NRS 444A.110) The Division conducts some of those activities on its own and others in conjunction with local governments, educational institutions and other state agencies. Section 2 of this bill expands the number of those activities to include encouraging the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste, including encouraging the Nevada System of Higher Education to seek money from public and private sources for that purpose.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 444.616 is hereby amended to read as follows:
444.616ββ1.ββThe State Controller shall allocate and remit, on a quarterly basis, the money in the Solid Waste Management Account as follows:
(a)βTo the Department of Taxation, 0.5 percent.
(b)βTo the State Department of Conservation and Natural Resources, 44.5 percent.
(c)βTo the district board of health of the health district which has the largest population in this State, 30 percent.
(d)βTo the district board of health of the health district which has the second largest population in this State, 25 percent.
Κ If more than two health districts are created within this State, the State Department of Conservation and Natural Resources shall transfer to the district boards of health of those additional districts an amount determined by the Department to be necessary to carry out the health districts duties pursuant to NRS 444.440 to 444.620, inclusive.
Β
κ2007 Statutes of Nevada, Page 3014 (CHAPTER 511, SB 331)κ
Β
the Department to be necessary to carry out the health districts duties pursuant to NRS 444.440 to 444.620, inclusive. If less than two health districts are created within this State, the amount otherwise allocated to a health district must be allocated to the State Department of Conservation and Natural Resources.
2.ββThe money allocated pursuant to subsection 1 to the State Department of Conservation and Natural Resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive.
3.ββThe State Department of Conservation and Natural Resources shall transfer to the Division of Environmental Protection of that Department a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the States plan for solid waste management and the purposes set forth in NRS 444A.110.
Sec.β2.ββNRS 444A.110 is hereby amended to read as follows:
444A.110ββ1.ββThe Division shall develop a program of public education to provide information, increase public awareness of the individual responsibility of properly disposing of solid waste and encouraging public participation in recycling, reuse and waste reduction. The program must be designed in accordance with the plans to provide for a solid waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving natural resources, in addition to the importance of protecting public health and the environment. The program must include promotion of the private and public efforts to accomplish conservation, recovery and reuse.
2.ββThe Division shall encourage the reduction of waste and litter by:
(a)βProviding, upon request, advice to persons regarding techniques to reduce waste and general information on recycling.
(b)βEstablishing a computer database to process related information.
(c)βEstablishing a toll-free telephone line to assist in the dissemination of information.
(d)βSponsoring or cosponsoring technical workshops and seminars on waste reduction.
(e)βAssisting local programs for the research and development of plans to reduce waste.
(f)βCoordinating the dissemination of publications on waste reduction, regardless of the source of those publications.
(g)βAssisting in the development and promotion of programs of continuing education for educators and administrators to enable them to teach and encourage methods of waste reduction.
(h)βDeveloping an emblem to signify and advertise the efforts in Nevada to encourage recycling.
(i)βRecommending to educational institutions courses and curricula relating to recycling and the reduction of waste.
(j)βAssisting state agencies, upon request, to develop and carry out programs for recycling within state buildings.
(k)βEncouraging the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste, including, without limitation, encouraging the Nevada System of Higher Education to seek money from public and private sources for that purpose.
Β
κ2007 Statutes of Nevada, Page 3015 (CHAPTER 511, SB 331)κ
Β
3.ββThe Division shall coordinate the technical assistance available from the various state agencies. The Administrator of the Division shall prepare and deliver biennial reports to the Governor regarding the progress of the program.
4.ββThe Division may award grants to municipalities, educational institutions and nonprofit organizations for projects that enhance solid waste management systems and promote the efficient use of resources. The Division shall consult a solid waste management authority before awarding a grant for a project within the jurisdiction of that solid waste management authority.
5.ββThe State Environmental Commission shall adopt regulations governing the administration of grants awarded pursuant to subsection 4.
6.ββAs used in this section, unless the context otherwise requires, Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec.β3.ββThis act becomes effective on July 1, 2007.
________
Β
Assembly Bill No. 483Committee on Judiciary
Β
CHAPTER 512
Β
AN ACT relating to civil actions; increasing the amount of the homestead exemption; providing that certain property of a judgment debtor is exempt from execution; increasing the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees; and providing other matters properly relating thereto.
Β
[Approved: June 14, 2007]
Β
Legislative Counsels Digest:
Existing law provides that, with certain exceptions, in a civil action in which damages were awarded, the prevailing party in the action may obtain a writ of execution to enforce the judgment at any time before the judgment expires. (NRS 21.010) Existing law exempts certain property from such a writ of execution up to a specified monetary value. (NRS 21.090) In addition, existing law protects from a forced sale up to $350,000 in equity of certain property which is designated as a homestead by a person, except in certain circumstances. (NRS 115.005, 115.010)
Sections 2, 4 and 5 of this bill increase the amount of equity protected in homestead property from $350,000 to $550,000. Section 2 also expands the list of the property of a judgment debtor that is exempt from execution to include: (1) certain personal property not to exceed $1,000 in total value; (2) any tax refund the judgment debtor receives because of the federal earned income credit or any similar credit under a state law; and (3) all money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used as the judgment debtors primary residence in certain circumstances. (NRS 21.090) Sections 1 and 3 of this bill add those new exemptions to the list of exemptions provided in certain notices of execution. (NRS 21.075, 31.045) Sections 1 and 3 also revise the contents of a notice of writ of execution and a notice of writ of attachment to reflect the changes in the homestead exemption included in this bill.
Β
κ2007 Statutes of Nevada, Page 3016 (CHAPTER 512, AB 483)κ
Β
Section 3.3 of this bill increases the limitation on the amount of damages that may be awarded in a tort action brought against a governmental entity or its officers or employees from $50,000 to $75,000. (NRS 41.035) Section 6 provides that this increase becomes effective on October 1, 2007, and expires by limitation on October 1, 2011. Section 3.5 of this bill increases that limitation on the amount of damages to $100,000 effective on October 1, 2011.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 21.075 is hereby amended to read as follows:
21.075ββ1.ββExecution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2.ββThe notice required pursuant to subsection 1 must be substantially in the following form:
Β
NOTICE OF EXECUTION
Β
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Β
A court has determined that you owe money to .................... (name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1.ββPayments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2.ββPayments for benefits or the return of contributions under the Public Employees Retirement System.
3.ββPayments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4.ββProceeds from a policy of life insurance.
5.ββPayments of benefits under a program of industrial insurance.
6.ββPayments received as disability, illness or unemployment benefits.
7.ββPayments received as unemployment compensation.
8.ββVeterans benefits.
9.ββA homestead in a dwelling or a mobile home, not to exceed [$350,000,] $550,000, unless:
Β
κ2007 Statutes of Nevada, Page 3017 (CHAPTER 512, AB 483)κ
Β
(a)βThe judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b)βAllodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10.ββAll money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11.ββA vehicle, if your equity in the vehicle is less than $15,000.
[11.]β12.ββSeventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
[12.]β13.ββMoney, not to exceed $500,000 in present value, held in:
(a)βAn individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b)βA written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c)βA cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d)βA trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e)βA trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
[13.]β14.ββAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
[14.]β15.ββAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
[15.]β16.ββA vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
[16.]β17.ββA prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
Β
κ2007 Statutes of Nevada, Page 3018 (CHAPTER 512, AB 483)κ
Β
[17.]β18.ββPayments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
[18.]β19.ββPayments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[19.]β20.ββPayments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[20.]β21.ββPayments received as restitution for a criminal act.
22.ββPersonal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
23.ββA tax refund received from the earned income credit provided by federal law or a similar state law.
Κ These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons).
Β
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
Β
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.
Β
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec.β2.ββNRS 21.090 is hereby amended to read as follows:
21.090ββ1.ββThe following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:
Β
κ2007 Statutes of Nevada, Page 3019 (CHAPTER 512, AB 483)κ
Β
(a)βPrivate libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.
(b)βNecessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.
(c)βFarm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.
(d)βProfessional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of himself and his family not to exceed $10,000 in value.
(e)βThe cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.
(f)βExcept as otherwise provided in paragraph [(o),] (p), one vehicle if the judgment debtors equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g)βFor any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs [(n), (r) and (s),] (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1)βDisposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2)βEarnings means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h)βAll fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
(i)βAll arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j)βAll courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
Β
κ2007 Statutes of Nevada, Page 3020 (CHAPTER 512, AB 483)κ
Β
departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k)βAll money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.
(l)βThe homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m)βThe dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$350,000] $550,000 in value and the dwelling is situated upon lands not owned by him.
(n)βAll money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o)βAll property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
[(o)]β(p)βAny vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.
[(p)]β(q)βAny prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
[(q)]β(r)βMoney, not to exceed $500,000 in present value, held in:
(1)βAn individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(2)βA written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(3)βA cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;
(4)βA trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5)βA trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
Β
κ2007 Statutes of Nevada, Page 3021 (CHAPTER 512, AB 483)κ
Β
[(r)]β(s)βAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
[(s)]β(t)βAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
[(t)]β(u)βPayments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
[(u)]β(v)βPayments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[(v)]β(w)βPayments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[(w)]β(x)βPayments received as restitution for a criminal act.
[(x)]β(y)βPayments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
(z)βAny personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtors equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.
(aa)βAny tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
2.ββExcept as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3.ββAny exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
Sec.β3.ββNRS 31.045 is hereby amended to read as follows:
31.045ββ1.ββExecution on the writ of attachment by attaching property of the defendant may occur only if:
(a)βThe judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b)βPursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
Β
κ2007 Statutes of Nevada, Page 3022 (CHAPTER 512, AB 483)κ
Β
Κ If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2.ββThe notice required pursuant to subsection 1 must be substantially in the following form:
Β
NOTICE OF EXECUTION
Β
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Β
Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1.ββPayments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2.ββPayments for benefits or the return of contributions under the Public Employees Retirement System.
3.ββPayments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4.ββProceeds from a policy of life insurance.
5.ββPayments of benefits under a program of industrial insurance.
6.ββPayments received as disability, illness or unemployment benefits.
7.ββPayments received as unemployment compensation.
8.ββVeterans benefits.
9.ββA homestead in a dwelling or a mobile home, not to exceed [$350,000,] $550,000, unless:
(a)βThe judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b)βAllodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10.ββAll money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11.ββA vehicle, if your equity in the vehicle is less than $15,000.
Β
κ2007 Statutes of Nevada, Page 3023 (CHAPTER 512, AB 483)κ
Β
[11.]β12.ββSeventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
[12.]β13.ββMoney, not to exceed $500,000 in present value, held in:
(a)βAn individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b)βA written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c)βA cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d)βA trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e)βA trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
[13.]β14.ββAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
[14.]β15.ββAll money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
[15.]β16.ββA vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
[16.]β17.ββA prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
[17.]β18.ββPayments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
[18.]β19.ββPayments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
[19.]β20.ββPayments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
Β
κ2007 Statutes of Nevada, Page 3024 (CHAPTER 512, AB 483)κ
Β
[20.]β21.ββPayments received as restitution for a criminal act.
22.ββPersonal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
23.ββA tax refund received from the earned income credit provided by federal law or a similar state law.
Κ These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).
Β
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
Β
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.
Β
IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Β
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
Β
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
Sec.β3.3.ββNRS 41.035 is hereby amended to read as follows:
41.035ββ1.ββAn award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of [$50,000,] $75,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant.
Β
κ2007 Statutes of Nevada, Page 3025 (CHAPTER 512, AB 483)κ
Β
employment may not exceed the sum of [$50,000,] $75,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.
2.ββThe limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a)βAny public or quasi-municipal corporation organized under the laws of this State.
(b)βAny person with respect to any land or water leased or otherwise made available by that person to any public agency.
(c)βAny Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
Κ The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.
Sec.β3.5.ββNRS 41.035 is hereby amended to read as follows:
41.035ββ1.ββAn award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of [$75,000,] $100,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.
2.ββThe limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a)βAny public or quasi-municipal corporation organized under the laws of this State.
(b)βAny person with respect to any land or water leased or otherwise made available by that person to any public agency.
(c)βAny Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
Κ The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.
Β
κ2007 Statutes of Nevada, Page 3026 (CHAPTER 512, AB 483)κ
Β
Sec.β4.ββNRS 115.010 is hereby amended to read as follows:
115.010ββ1.ββThe homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.
2.ββThe exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$350,000] $550,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
3.ββExcept as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a)βAny mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or
(b)βAny lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
Κ by both husband and wife, when that relation exists.
4.ββIf allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanics lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
(a)βAny mortgage or deed of trust thereon; and
(b)βAny lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
Κ unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.
5.ββEstablishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.
6.ββAny declaration of homestead which has been filed before July 1, [2005,] 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, [2005.] 2007.
Sec.β5.ββNRS 115.050 is hereby amended to read as follows:
115.050ββ1.ββWhenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated [,] that the amount of equity held by the claimant in the property exceeds, to the best of the creditors information and belief, the sum of [$350,000,] $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property [,] and , if the amount of equity exceeds the sum of [$350,000,] $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
Β
κ2007 Statutes of Nevada, Page 3027 (CHAPTER 512, AB 483)κ
Β
which the property is situated [,] that the amount of equity held by the claimant in the property exceeds, to the best of the creditors information and belief, the sum of [$350,000,] $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property [,] and , if the amount of equity exceeds the sum of [$350,000,] $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
2.ββIf it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$350,000] $550,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$350,000] $550,000 may be received by the officer making the sale.
3.ββWhen the execution is against a husband or wife, the judge may direct the [$350,000] $550,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.
Sec.β5.3.ββNRS 657.140 is hereby amended to read as follows:
657.140ββ1.ββExcept as otherwise provided in subsection 2, a financial institution shall not include in any loan agreement a provision that allows the financial institution to recover, take, appropriate or otherwise apply as a setoff against any debt or liability owing to the financial institution under the loan agreement money from an account unrelated to the loan agreement to the extent the money is exempt from execution pursuant to paragraph [(x)] (y) of subsection 1 of NRS 21.090.
2.ββThe provisions of subsection 1 do not apply to a provision in a loan agreement that specifically authorizes automatic withdrawals from an account.
3.ββThe provisions of this section may not be varied by agreement and the rights conferred by this section may not be waived. Any provision included in an agreement that conflicts with this section is void.
4.ββAs used in this section:
(a)βAn account unrelated to the loan agreement includes, without limitation, an account pledged as security under the loan agreement, unless the specific account pledged as security is conspicuously described in the loan agreement.
(b)βFinancial institution means an institution licensed pursuant to the provisions of this title or title 56 or chapter 645B, 645E or 649 of NRS, or a similar institution chartered or licensed pursuant to federal law.
Sec.β5.5.ββThe amendatory provisions of:
1.ββSection 3.3 of this act apply to a cause of action that accrues on or after October 1, 2007, but before October 1, 2011.
2.ββSection 3.5 of this act apply to a cause of action that accrues on or after October 1, 2011.
Sec.β6.ββ1.ββThis section and sections 1, 2, 3, 4, 5, 5.3 and 5.5 of this act become effective on July 1, 2007.
Β
κ2007 Statutes of Nevada, Page 3028 (CHAPTER 512, AB 483)κ
Β
2.ββSection 3.3 of this act becomes effective on October 1, 2007, and expires by limitation on October 1, 2011.
3.ββSection 3.5 of this act becomes effective on October 1, 2011.
________
Β
Senate Bill No. 404Senator Washington
Β
CHAPTER 513
Β
AN ACT relating to education; revising provisions governing homeschooled children; requiring the board of trustees of each school district to post certain information concerning examinations on its Internet website and ensure that homeschooled children have notice of the website; and providing other matters properly relating thereto.
Β
[Approved: June 14, 2007]
Β
Legislative Counsels Digest:
Under existing law, compulsory attendance in public school is required of children between the ages of 7 and 17 years. (NRS 392.040) Compulsory attendance is excused if satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board of Education. (NRS 392.070) Sections 5 and 7 of this bill excuse compulsory attendance if a child is enrolled in a private school or if a notice of intent to homeschool the child is filed with the superintendent of schools of the school district in which the child resides. Sections 2 and 7 of this bill authorize the board of trustees of a school district or the governing body of a charter school, as applicable, to require a birth certificate or other documentation to prove the identity of the homeschooled child who wishes to participate in certain activities and classes offered by the public schools in this State and requires such proof under certain circumstances.
Section 5 of this bill sets forth requirements concerning a notice of intent to homeschool and establishes certain rights for a child that is being homeschooled and the parents of that child. Section 5.5 of this bill sets forth requirements concerning notice of intent of a homeschooled child to participate in programs and activities, which must be filed before a homeschooled child may participate in certain classes, activities and programs in a public school or through a school district, or through the Nevada Interscholastic Activities Association.
Under existing law, the State Board of Education is required to prescribe the courses of study required for promotion to high school. (NRS 392.033) Section 6 of this bill prescribes the information that must be provided by a homeschooled child who wishes to enroll in a public high school to demonstrate competency in those courses of study or successful completion of those courses.
Section 4 of this bill requires the board of trustees of each school district to maintain on its Internet website pertinent information concerning the examinations available to children in the school district. Section 5 of this bill requires each school district to ensure that homeschooled children who reside in the school district have adequate notice of the availability of the website.
Β
κ2007 Statutes of Nevada, Page 3029 (CHAPTER 513, SB 404)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 386.430 is hereby amended to read as follows:
386.430ββ1.ββThe Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS, as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events. In addition to the regulations governing eligibility, a homeschooled child who wishes to participate must have on file with the school district in which he resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to section 5.5 of this act.
2.ββIf the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.
Sec.β1.5.ββNRS 386.462 is hereby amended to read as follows:
386.462ββ1.ββA homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430 [.] if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to section 5.5 of this act.
2.ββThe provisions of NRS 386.420 to 386.470, inclusive, and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:
(a)βEligibility and qualifications for participation;
(b)βFees for participation;
(c)βInsurance;
(d)βTransportation;
(e)βRequirements of physical examination;
(f)βResponsibilities of participants;
(g)βSchedules of events;
(h)βSafety and welfare of participants;
(i)βEligibility for awards, trophies and medals;
(j)βConduct of behavior and performance of participants; and
(k)βDisciplinary procedures.
Sec.β2.ββNRS 386.580 is hereby amended to read as follows:
386.580ββ1.ββAn application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.
Β
κ2007 Statutes of Nevada, Page 3030 (CHAPTER 513, SB 404)κ
Β
are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.
2.ββBefore a charter school enrolls pupils who are eligible for enrollment, a charter school that is dedicated to providing educational programs and opportunities to pupils who are at risk may enroll a child who:
(a)βIs a sibling of a pupil who is currently enrolled in the charter school; or
(b)βResides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.
Κ If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.
3.ββExcept as otherwise provided in subsection 7, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a)βRace;
(b)βGender;
(c)βReligion;
(d)βEthnicity; or
(e)βDisability,
Κ of a pupil.
4.ββIf the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
5.ββExcept as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:
Β
κ2007 Statutes of Nevada, Page 3031 (CHAPTER 513, SB 404)κ
Β
homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:
(a)βSpace for the child in the class or extracurricular activity is available; [and]
(b)βThe parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity [.] ; and
(c)βThe child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to section 5.5 of this act.
Κ If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.
6.ββThe governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 5 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.
7.ββThe governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.
8.ββThis section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:
(a)βWith disabilities;
(b)βWho pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or
(c)βWho are at risk.
Κ If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.
Sec.β3.ββNRS 388.850 is hereby amended to read as follows:
388.850ββ1.ββA pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:
(a)βIs participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;
(b)βIs participating in a program of independent study pursuant to NRS 389.155;
Β
κ2007 Statutes of Nevada, Page 3032 (CHAPTER 513, SB 404)κ
Β
(c)βIs enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;
(d)βHas a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;
(e)βWould otherwise be excused from compulsory attendance pursuant to NRS 392.080;
(f)βIs otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;
(g)βIs otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or
(h)βIs otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.
2.ββIn addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the State Board pursuant to NRS 388.874.
3.ββA child who is exempt from compulsory attendance and [receiving equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070] is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.
4.ββIf a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.140, inclusive, and 392.251 to 392.271, inclusive.
5.ββIf a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.
Sec.β4.ββChapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of trustees of each school district shall maintain on its Internet website, and shall post in a timely manner, all pertinent information concerning the examinations available to children who reside in the school district, including, without limitation, the dates and times of, and contact information concerning, such examinations. The examinations posted must include, without limitation:
1.ββThe high school proficiency examination administered pursuant to NRS 389.015; and
2.ββAll college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test.
Sec.β4.5.ββChapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 5.5 of this act.
Sec.β5.ββ1.ββIf the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child.
Β
κ2007 Statutes of Nevada, Page 3033 (CHAPTER 513, SB 404)κ
Β
written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.
2.ββThe notice of intent to homeschool must be filed before beginning to homeschool the child or:
(a)βNot later than 10 days after the child has been formally withdrawn from enrollment in public school; or
(b)βNot later than 30 days after establishing residency in this State.
3.ββThe purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.
4.ββIf the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.
5.ββA notice of intent to homeschool must include only the following:
(a)βThe full name, age and gender of the child;
(b)βThe name and address of each parent filing the notice of intent to homeschool;
(c)βA statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;
(d)βAn educational plan for the child that is prepared pursuant to subsection 12;β
(e)βIf applicable, the name of the public school in this State which the child most recently attended; and
(f)βAn optional statement that the parent may sign which provides:
Β
I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.
Β
6.ββEach superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with him pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.
7.ββThe school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevadas compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.
Β
κ2007 Statutes of Nevada, Page 3034 (CHAPTER 513, SB 404)κ
Β
8.ββThe superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:
(a)βTo a person or entity specified by the parent of the child, or by the child if he is at least 18 years of age, upon suitable proof of identity of the parent or child; or
(b)βIf required by specific statute.
9.ββIf a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.
10.ββA school or organization shall not discriminate in any manner against a child who is or was homeschooled.
11.ββEach school district shall allow homeschooled children to participate in the high school proficiency examination administered pursuant to NRS 389.015 and all college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to section 4 of this act.
12.ββThe parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English, including reading, composition and writing, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent. The educational plan must be included in the notice of intent to homeschool filed pursuant to this section. If the educational plan contains the requirements of this section, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court. This subsection does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.
13.ββNo regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his child based on religious preference unless it is:
(a)βEssential to further a compelling governmental interest; and
(b)βThe least restrictive means of furthering that compelling governmental interest.
14.ββAs used in this section, parent means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.
Sec.β5.5.ββ1.ββThe Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children.
Β
κ2007 Statutes of Nevada, Page 3035 (CHAPTER 513, SB 404)κ
Β
manner, make only the form developed by the Department available to parents of homeschooled children.
2.ββThe notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to section 5 of this act, excluding the educational plan for the homeschooled child.
3.ββIf a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.
Sec.β6.ββNRS 392.033 is hereby amended to read as follows:
392.033ββ1.ββThe State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, which may include the credits to be earned.
2.ββThe board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.
3.ββThe board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.
4.ββA homeschooled child who enrolls in a public high school shall, upon initial enrollment:
(a)βProvide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district;
(b)βDemonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or
(c)βProvide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.
Sec.β7.ββNRS 392.070 is hereby amended to read as follows:
392.070ββ1.ββAttendance of a child required by the provisions of NRS 392.040 must be excused when [satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board.] :
(a)βThe child is enrolled in a private school pursuant to chapter 394 of NRS; or
(b)βA parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with section 5 of this act.
2.ββThe board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:
Β
κ2007 Statutes of Nevada, Page 3036 (CHAPTER 513, SB 404)κ
Β
(a)βOnly if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;
(b)βIn the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and
(c)βIn accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.
3.ββExcept as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in [a class that is not available to the child at the private school or home school or to participate in an extracurricular activity,] any classes and extracurricular activities, excluding sports, at a public school within the school district if:
(a)βSpace for the child in the class or extracurricular activity is available; [and]
(b)βThe parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity [.] ; and
(c)βThe child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to section 5.5 of this act.
Κ If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events governed by [an association] the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic activities and events, including sports, pursuant to subsection 5.
4.ββThe board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.
5.ββIn addition to those interscholastic activities and events governed by [an association] the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, a homeschooled [children] child must be allowed to participate in interscholastic activities and events, including sports [.] , if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to section 5.5 of this act. A homeschooled child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the childs residence through the public school which the child is otherwise zoned to attend.
Β
κ2007 Statutes of Nevada, Page 3037 (CHAPTER 513, SB 404)κ
Β
of the childs residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:
(a)βEligibility and qualifications for participation;
(b)βFees for participation;
(c)βInsurance;
(d)βTransportation;
(e)βRequirements of physical examination;
(f)βResponsibilities of participants;
(g)βSchedules of events;
(h)βSafety and welfare of participants;
(i)βEligibility for awards, trophies and medals;
(j)βConduct of behavior and performance of participants; and
(k)βDisciplinary procedures.
6.ββIf a homeschooled child participates in interscholastic activities and events pursuant to subsection 5:
(a)βNo challenge may be brought by [an association,] the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child is allowed to participate.
(b)βNeither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.
7.ββThe programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.
8.ββThe board of trustees of a school district:
(a)βMay, before providing programs of special education and related services to a homeschooled child pursuant to subsection 2, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.
(b)βMay, before authorizing a homeschooled child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.
(c)βShall, before allowing a homeschooled child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic activities and events pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.
Β
κ2007 Statutes of Nevada, Page 3038 (CHAPTER 513, SB 404)κ
Β
9.ββThe Department [may] shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.
[9.] 10.ββAs used in this section, related services has the meaning ascribed to it in 20 U.S.C. § [1401(22).] 1401.
Sec.β8.ββNRS 392.466 is hereby amended to read as follows:
392.466ββ1.ββExcept as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:
(a)β[Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
2.ββExcept as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:
(a)β[Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
Κ The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.
3.ββExcept as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must:
(a)β[Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
Β
κ2007 Statutes of Nevada, Page 3039 (CHAPTER 513, SB 404)κ
Β
qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.
4.ββThis section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
5.ββAny pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
6.ββA pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a)βSuspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b)βSuspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7.ββAs used in this section:
(a)βBattery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b)βDangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c)βFirearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
8.ββThe provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec.β9.ββThe regulations adopted by the State Board of Education which are codified as NAC 392.011 to 392.065, inclusive, are hereby declared void. In preparing the supplements to the Nevada Administrative Code on or after July 1, 2007, the Legislative Counsel shall remove those regulations.
Sec.β10.ββThis act becomes effective on July 1, 2007.
________
Β
κ2007 Statutes of Nevada, Page 3040κ
Β
Assembly Bill No. 385Assemblyman Mabey
Β
CHAPTER 514
Β
AN ACT relating to the practice of medicine; authorizing the Board of Medical Examiners to issue restricted licenses; regulating the performance of laser surgery, intense pulsed light therapy and the injection of chemotherapeutic agents; increasing certain penalties; revising the scope of practice authorized for a physician practicing under a special volunteer medical license; making physicians subject to discipline for incurring or failing to report any disciplinary action in another jurisdiction or failing to obtain the informed consent of a patient to any procedure or therapy; providing peer reviewers and employees and volunteers working in a diversion program of the Board with limited civil immunity; and providing other matters properly relating thereto.
Β
[Approved: June 14, 2007]
Β
Legislative Counsels Digest:
Sections 1 and 16 of this bill extend to physician assistants certain duties and immunities applicable to other providers of health care. (NRS 41.505, 629.031)
Section 3 of this bill authorizes the Board of Medical Examiners to issue restricted licenses to graduates of foreign medical schools who wish to engage in research, teaching or the practice of clinical medicine at a medical research facility or medical school in this State.
Sections 4 and 15.5 of this bill provide that laser surgery or intense pulsed light therapy on the globe of the eye may be performed only by a licensed physician or osteopathic physician who has completed a residency program in ophthalmology.
Section 5 of this bill prohibits a person, other than a physician, from injecting a patient with any chemotherapeutic agent classified as a prescription drug unless the person is a licensed or certified health care worker, acting within the scope of his license or certificate and under the supervision of a physician. Section 5 also defines the term prescription drug as a controlled substance or dangerous drug that may only be dispensed pursuant to a lawful prescription as well as any other substance or drug that can be substituted for such a controlled substance or drug.
Sections 8 and 9 of this bill increase the penalties for physicians who fail to provide written notice to the Board of changes in their status and location. (NRS 630.254, 630.255)
Section 10 of this bill expands the scope of practice authorized for a physician practicing under a special volunteer medical license to include the treatment of persons who are uninsured or unable to afford health care in addition to the treatment of persons who are indigent.
Sections 13 and 14 of this bill expand the acts for which the Board may initiate discipline or deny licensure to include: (1) any disciplinary action taken against a physician by another jurisdiction; (2) failing to report the disciplinary action; and (3) failing to obtain the informed consent of a patient before performing any procedure or prescribing any therapy. (NRS 630.301, 630.306)
Section 15 of this bill extends the Boards limited immunity from civil liability to the Boards peer reviewers and persons working in diversion programs. (NRS 630.364)
Β
κ2007 Statutes of Nevada, Page 3041 (CHAPTER 514, AB 385)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 629.031 is hereby amended to read as follows:
629.031ββExcept as otherwise provided by specific statute:
1.ββProvider 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, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
2.ββFor the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.
Sec.β2.ββChapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec.β3.ββ1.ββExcept as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who:
(a)βIs a graduate of a foreign medical school;
(b)βTeaches, researches or practices medicine outside of the United States;
(c)βIs a recognized medical expert; and
(d)βIntends to teach, research or practice clinical medicine at a medical research facility or medical school in this State.
2.ββA person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his qualifications to practice medicine, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.
3.ββA person who holds a restricted license pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.
Sec.β4.ββLaser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.
Sec.β5.ββ1.ββA person, other than a physician, shall not inject a patient with any chemotherapeutic agent classified as a prescription drug unless:
(a)βThe person is licensed or certified to perform medical services pursuant to this title;
(b)βThe administration of the injection is within the scope of the persons license or certificate; and
(c)βThe person administers the injection under the supervision of a physician. The Board shall prescribe the requirements for supervision pursuant to this subsection.
2.ββAs used in this section:
(a)βDangerous drug has the meaning ascribed to it in NRS 454.201.
(b)βPrescription drug means:
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κ2007 Statutes of Nevada, Page 3042 (CHAPTER 514, AB 385)κ
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(1)βA controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and
(2)βAny other substance or drug substituted for such a controlled substance or dangerous drug.
Sec.β6.ββNRS 630.025 is hereby amended to read as follows:
630.025ββSupervising physician means an active physician licensed and in good standing in the State of Nevada who [employs and] supervises a physician assistant.
Sec.β7.ββNRS 630.160 is hereby amended to read as follows:
630.160ββ1.ββEvery person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.
2.ββExcept as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, and section 3 of this act, a license may be issued to any person who:
(a)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b)βHas received the degree of doctor of medicine from a medical school:
(1)βApproved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2)βWhich provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
(c)βIs currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain [such] the certification for the duration of his licensure, or has passed:
(1)βAll parts of the examination given by the National Board of Medical Examiners;
(2)βAll parts of the Federation Licensing Examination;
(3)βAll parts of the United States Medical Licensing Examination;
(4)βAll parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5)βAll parts of the examination to become a licentiate of the Medical Council of Canada; or
(6)βAny combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;
(d)βIs currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:
(1)βHas completed 36 months of progressive postgraduate:
(I)βEducation as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(II)βFellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or
(2)βHas completed at least 36 months of postgraduate education, not less than 24 months of [such postgraduate education must be] which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and
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κ2007 Statutes of Nevada, Page 3043 (CHAPTER 514, AB 385)κ
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have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and
(e)βPasses a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b).
Sec.β8.ββNRS 630.254 is hereby amended to read as follows:
630.254ββ1.ββEach licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. A licensee who changes his permanent mailing address shall notify the Board in writing of his new permanent mailing address within 30 days after the change. If a licensee fails to notify the Board in writing of a change in his permanent mailing address within 30 days after the change, the Board:
(a)βShall impose upon the licensee a fine not to exceed [$100;] $250; and
(b)βMay initiate disciplinary action against the licensee as provided pursuant to subsection 9 of NRS 630.306.
2.ββAny licensee who changes the location of his office in this State shall notify the Board in writing of the change before practicing at the new location.
3.ββAny licensee who closes his office in this State shall:
(a)βNotify the Board in writing of this occurrence within 14 days after the closure; and
(b)βFor a period of 5 years thereafter keep the Board apprised in writing of the location of the medical records of his patients.
Sec.β9.ββNRS 630.255 is hereby amended to read as follows:
630.255ββ1.ββAny licensee who changes the location of his practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board.
2.ββEach inactive registrant shall maintain a permanent mailing address with the Board to which all communications from the Board to the registrant must be sent. An inactive registrant who changes his permanent mailing address shall notify the Board in writing of his new permanent mailing address within 30 days after the change. If an inactive registrant fails to notify the Board in writing of a change in his permanent mailing address within 30 days after the change, the Board shall impose upon the registrant a fine not to exceed [$100.] $250.
3.ββBefore resuming the practice of medicine in this State, the inactive registrant must:
(a)βNotify the Board of his intent to resume the practice of medicine in this State;
(b)βFile an affidavit with the Board describing his activities during the period of his inactive status;
(c)βComplete the form for registration for active status;
(d)βPay the applicable fee for biennial registration; and
(e)βSatisfy the Board of his competence to practice medicine.
4.ββIf the Board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this State, the Board may refuse to place the registrant on active status.
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κ2007 Statutes of Nevada, Page 3044 (CHAPTER 514, AB 385)κ
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Sec.β10.ββNRS 630.258 is hereby amended to read as follows:
630.258ββ1.ββA physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of [indigent] persons in this State who are indigent, uninsured or unable to afford health care may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.
2.ββAn application for a special volunteer medical license must be on a form provided by the Board and must include:
(a)βDocumentation of the history of medical practice of the physician;
(b)βProof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;
(c)βProof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605;
(d)βAcknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to [indigent] persons in this State [;] who are indigent, uninsured or unable to afford health care; and
(e)βAcknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.
3.ββIf the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.
4.ββThe initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.
5.ββThe Board shall not charge a fee for:
(a)βThe review of an application for a special volunteer medical license; or
(b)βThe issuance or renewal of a special volunteer medical license pursuant to this section.
6.ββA physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.
7.ββA physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.
Sec.β11.ββNRS 630.265 is hereby amended to read as follows:
630.265ββ1.ββExcept as otherwise provided in NRS 630.161, the Board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
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κ2007 Statutes of Nevada, Page 3045 (CHAPTER 514, AB 385)κ
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resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
(a)βA graduate of an accredited medical school in the United States or Canada; or
(b)βA graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that he passed the examination given by it.
2.ββThe medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. [Such a] A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.
3.ββThe Board may issue [such] a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.
4.ββThe holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program . [and the Board.]
5.ββThe holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.
Sec.β12.ββ(Deleted by amendment.)
Sec.β13.ββNRS 630.301 is hereby amended to read as follows:
630.301ββThe following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1.ββConviction of a felony relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.
2.ββConviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.
3.ββ[The] Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of [the] a license to practice any type of medicine , taken by another state, the Federal Government, a foreign country or any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.
4.ββMalpractice, which may be evidenced by claims settled against a practitioner, but only if [such] the malpractice is established by a preponderance of the evidence.
5.ββThe engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.
6.ββDisruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.
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κ2007 Statutes of Nevada, Page 3046 (CHAPTER 514, AB 385)κ
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7.ββThe engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.
8.ββThe failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when [such a] the failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.
9.ββThe engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a code of ethics adopted by the Board by regulation based on a national code of ethics.
10.ββThe engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.
11.ββConviction of:
(a)βMurder, voluntary manslaughter or mayhem;
(b)βAny felony involving the use of a firearm or other deadly weapon;
(c)βAssault with intent to kill or to commit sexual assault or mayhem;
(d)βSexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(e)βAbuse or neglect of a child or contributory delinquency;
(f)βA violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS; or
(g)βAny offense involving moral turpitude.
Sec.β14.ββNRS 630.306 is hereby amended to read as follows:
630.306ββThe following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1.ββInability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2.ββEngaging in any conduct:
(a)βWhich is intended to deceive;
(b)βWhich the Board has determined is a violation of the standards of practice established by regulation of the Board; or
(c)βWhich is in violation of a regulation adopted by the State Board of Pharmacy.
3.ββAdministering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.
4.ββPerforming, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.
5.ββPracticing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.
6.ββPerforming, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine [are] is experimental.
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κ2007 Statutes of Nevada, Page 3047 (CHAPTER 514, AB 385)κ
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7.ββContinual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
8.ββMaking or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
9.ββFailing to comply with the requirements of NRS 630.254.
10.ββHabitual intoxication from alcohol or dependency on controlled substances.
11.ββFailure by a licensee or applicant to report [,] in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.
12.ββFailure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
Sec.β15.ββNRS 630.364 is hereby amended to read as follows:
630.364ββ1.ββAny person or organization who furnishes information concerning an applicant for a license or a licensee in good faith and without malicious intent in accordance with the provisions of this chapter is immune from any civil action for furnishing that information.
2.ββThe Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers , [and] consultants and the employees or volunteers of a diversion program are immune from any civil liability for:
(a)βAny decision or action taken in good faith and without malicious intent in response to information acquired by the Board.
(b)βDisseminating information concerning an applicant for a license or a licensee to other boards or agencies of the State, the Attorney General, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.
3.ββAs used in this section, diversion program means a program approved by the Board to correct a licensees alcohol or drug dependence or any other impairment.
Sec.β15.5.ββChapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:
Laser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed osteopathic physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Bureau of Osteopathic Education of the American Osteopathic Association, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.
Sec.β16.ββNRS 41.505 is hereby amended to read as follows:
41.505ββ1.ββAny physician , physician assistant or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant , physician assistant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, physician assistant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, physician assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.
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κ2007 Statutes of Nevada, Page 3048 (CHAPTER 514, AB 385)κ
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instruction given by a physician, physician assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.
2.ββExcept as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician , physician assistant or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.
3.ββAny person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:
(a)βThe care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;
(b)βThe person has not previously provided prenatal or obstetrical care to the woman; and
(c)βThe damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.
Κ A licensed medical facility in which [such] the care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.
4.ββAny person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:
(a)βIs retired or otherwise does not practice on a full-time basis; and
(b)βGratuitously and in good faith, renders medical care within the scope of his license to an indigent person,
Κ is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.
5.ββAny person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient for a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
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κ2007 Statutes of Nevada, Page 3049 (CHAPTER 514, AB 385)κ
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or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.
6.ββAs used in this section:
(a)βEmergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
(b)βGratuitously has the meaning ascribed to it in NRS 41.500.
Sec.β17.ββ(Deleted by amendment.)
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Assembly Bill No. 424 Assemblymen Leslie, Gerhardt and Arberry
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Joint Sponsors: Senators Heck, Carlton and Horsford
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CHAPTER 515
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AN ACT relating to professions; providing for the licensing and regulation of clinical professional counselors, clinical professional counselor interns, marriage and family therapist interns, and clinical alcohol and drug abuse counselors; revising the name and expanding the membership of the Board of Examiners for Marriage and Family Therapists; providing a privilege against the disclosure of certain confidential communications between a clinical professional counselor and his client and certain other persons; requiring reimbursement for services provided by a licensed clinical professional counselor or licensed clinical alcohol and drug abuse counselor under certain policies of health insurance; providing a penalty; and providing other matters properly relating thereto.
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[Approved: June 14, 2007]
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Legislative Counsels Digest:
Sections 6 and 7 of this bill provide definitions for the terms clinical professional counselor and practice of clinical professional counseling. Sections 8 and 99.5 of this bill establish the requirements for a license to practice as a clinical professional counselor. Sections 8.2-9 of this bill set forth requirements governing clinical professional counselor interns. Sections 10-14, 18-21 and 23.5-32 of this bill include marriage and family therapist interns, clinical professional counselors and clinical professional counselor interns under the regulation of the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors. Section 14.5 of this bill revises the definition of practice of marriage and family therapy. Sections 9.2-9.9 of this bill set forth requirements governing marriage and family therapist interns. Sections 15 and 15.5 of this bill increase the number of members of the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors. Sections 16 and 16.5 of this bill require that the additional members of the Board be licensed clinical professional counselors. Section 29 of this bill prohibits a person from engaging in the practice of clinical professional counseling without a license. Section 35 of this bill provides a definition of clinical practice of counseling alcohol and drug abusers. Section 36 of this bill establishes the requirements for the issuance of a license as a clinical alcohol and drug abuse counselor. Section 37 of this bill establishes the requirements for certification as a clinical alcohol and drug abuse counselor intern.
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κ2007 Statutes of Nevada, Page 3050 (CHAPTER 515, AB 424)κ
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clinical alcohol and drug abuse counselor intern. Section 38 of this bill establishes the scope of practice of a clinical alcohol and drug abuse counselor and the duration of his license. Section 54 of this bill clarifies the scope of practice of an alcohol and drug abuse counselor. Sections 63-66 of this bill provide a privilege against the disclosure of certain confidential communications between a clinical professional counselor and his client and certain other persons. Sections 2, 71, 76, 77 and 86 of this bill include a clinical professional counselor in the definition of the term provider of health care. Sections 72, 73 and 78 of this bill require a clinical professional counselor and a clinical alcohol and drug abuse counselor to report to certain governmental agencies, including law enforcement agencies, cases of known or suspected abuse or neglect of an older person, vulnerable person or a child. Sections 79, 81 and 83 of this bill include a clinical professional counselor in the definition of the term person professionally qualified in the field of psychiatric mental health. Sections 92-99 of this bill require reimbursement for services provided by a licensed clinical professional counselor or clinical alcohol and drug abuse counselor under certain policies of health insurance.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 622A.120 is hereby amended to read as follows:
622A.120ββ1.ββThe following regulatory bodies are exempted from the provisions of this chapter:
(a)βState Contractors Board.
(b)βState Board of Professional Engineers and Land Surveyors.
(c)βNevada State Board of Accountancy.
(d)βBoard of Medical Examiners.
(e)βBoard of Dental Examiners of Nevada.
(f)βState Board of Nursing.
(g)βChiropractic Physicians Board of Nevada.
(h)βNevada State Board of Optometry.
(i)βState Board of Pharmacy.
(j)βBoard of Examiners for Marriage and Family Therapists [.] and Clinical Professional Counselors.
(k)βReal Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.
(l)βCommission of Appraisers of Real Estate.
(m)βCommissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.
(n)βCommissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.
(o)βState Board of Health and Health Division of the Department of Health and Human Services.
2.ββAny regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.
Sec.β2.ββNRS 629.031 is hereby amended to read as follows:
629.031ββExcept as otherwise provided by specific statute:
1.ββProvider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
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κ2007 Statutes of Nevada, Page 3051 (CHAPTER 515, AB 424)κ
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athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
2.ββFor the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.
Sec.β3.ββNRS 632.472 is hereby amended to read as follows:
632.472ββ1.ββThe following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:
(a)βAny physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.
(b)βAny personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.
(c)βA coroner.
(d)βAny person who maintains or is employed by an agency to provide personal care services in the home.
(e)βAny person who maintains or is employed by an agency to provide nursing in the home.
(f)βAny employee of the Department of Health and Human Services.
(g)βAny employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(h)βAny person who maintains or is employed by a facility or establishment that provides care for older persons.
(i)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(j)βAny social worker.
2.ββEvery physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
3.ββA report may be filed by any other person.
4.ββAny person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.
5.ββAs used in this section, agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021.
Sec.β4.ββNRS 641.029 is hereby amended to read as follows:
641.029ββThe provisions of this chapter do not apply to:
1.ββA physician who is licensed to practice in this State;
2.ββA person who is licensed to practice dentistry in this State;
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κ2007 Statutes of Nevada, Page 3052 (CHAPTER 515, AB 424)κ
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3.ββA person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
4.ββA person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
5.ββA person who is licensed to engage in social work pursuant to chapter 641B of NRS;
[5.]β6.ββA person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
[6.]β7.ββA 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, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern , pursuant to chapter 641C of NRS; or
[7.]β8.ββAny clergyman,
Κ if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec.β5.ββChapter 641A of NRS is hereby amended by adding thereto the provisions set forth as sections 5.5 to 9.9, inclusive, of this act.
Sec.β5.5.ββApproved supervisor means a licensed marriage and family therapist or licensed clinical professional counselor who is approved by the Board to supervise a person who is acquiring the supervised experience in marriage and family therapy or clinical professional counseling, as appropriate, that is required for licensure as a marriage and family therapist or clinical professional counselor pursuant to this chapter.
Sec.β6.ββClinical professional counselor means a person who describes himself or his services to the public by any title or description which incorporates the term clinical professional counselor and under such a title offers to provide or provides services to any person.
Sec.β7.ββPractice of clinical professional counseling means the provision of treatment, assessment and counseling, or equivalent activities, to a person or group of persons to achieve mental, emotional, physical and social development and adjustment. The term includes counseling interventions to prevent, diagnose and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health. The term does not include:
1.ββThe practice of psychology or medicine;
2.ββThe assessment or treatment of couples or families;
3.ββThe prescription of drugs or electroconvulsive therapy;
4.ββThe treatment of physical disease, injury or deformity;
5.ββThe diagnosis or treatment of a psychotic disorder;
6.ββThe use of projective techniques in the assessment of personality;
7.ββThe use of psychological, neuropsychological or clinical tests designed to identify or classify abnormal or pathological human behavior;
8.ββThe use of individually administered intelligence tests, academic achievement tests or neuropsychological tests; or
9.ββThe use of psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed clinical psychologist.
Sec.β8.ββEach applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that he:
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κ2007 Statutes of Nevada, Page 3053 (CHAPTER 515, AB 424)κ
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1.ββIs at least 21 years of age;
2.ββIs of good moral character;
3.ββIs a citizen of the United States, or is lawfully entitled to remain and work in the United States;
4.ββHas:
(a)βCompleted his residency training in psychiatry from an accredited institution approved by the Board;
(b)βA graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or
(c)βAn acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and
5.ββHas:
(a)βAt least 2 years of postgraduate experience in professional counseling;
(b)βAt least 3,000 hours of supervised experience in professional counseling which includes, without limitation:
(1)βAt least 1,500 hours of direct contact with clients; and
(2)βAt least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and
(c)βEither:
(1)βPassed the National Counselor Examination for Licensure and Certification which is administered by the National Board for Certified Counselors and provided evidence satisfactory to the Board of at least 3 years of work experience in mental health counseling; or
(2)βPassed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.
Sec.β8.2.ββ1.ββA person who wishes to obtain the supervised experience that is required for licensure as a clinical professional counselor pursuant to this chapter must obtain a license as a clinical professional counselor intern before beginning his supervised experience.
2.ββAn applicant for a license as a clinical professional counselor intern must furnish evidence satisfactory to the Board that he:
(a)βIs at least 21 years of age;
(b)βIs of good moral character;
(c)βIs a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(d)βPossesses a graduate degree in counseling from an accredited college or university approved by the Board which required the completion of a practicum or internship; and
(e)βHas entered into a supervision agreement with an approved supervisor.
Sec.β8.4.ββA license as a clinical professional counselor intern:
1.ββIs valid for 3 years and may be renewed not more than once; and
2.ββExpires upon:
(a)βThe termination of the supervision agreement with an approved supervisor;
(b)βA change in the approved supervisor; or
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κ2007 Statutes of Nevada, Page 3054 (CHAPTER 515, AB 424)κ
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(c)βThe issuance of a license as a clinical professional counselor to the holder of the license as a clinical professional counselor intern.
Sec.β8.6.ββThe holder of a license as a clinical professional counselor intern:
1.ββMay engage in the practice of clinical professional counseling only for the purposes of obtaining the supervised experience required by subsection 5 of section 8 of this act for a license to practice as a clinical professional counselor; and
2.ββShall not engage in the practice of clinical professional counseling independently.
Sec.β8.8.ββ1.ββThe holder of a license as a clinical professional counselor intern shall, before providing any counseling or other therapeutic service to a client:
(a)βInform the client that he holds a license as a clinical professional counselor intern and is practicing under the supervision of an approved supervisor; and
(b)βProvide to the client the name of his approved supervisor.
2.ββA violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.
Sec.β9.ββ1.ββThe holder of a license as a clinical professional counselor intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.
2.ββEach party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.
Sec.β9.2.ββ1.ββA person who wishes to obtain the supervised experience that is required for licensure as a marriage and family therapist pursuant to this chapter must obtain a license as a marriage and family therapist intern before beginning his supervised experience.
2.ββAn applicant for a license as a marriage and family therapist intern must furnish evidence satisfactory to the Board that he:
(a)βIs at least 21 years of age;
(b)βIs of good moral character;
(c)βIs a citizen of the United States, or is lawfully entitled to remain and work in the United States;
(d)βPossesses a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board; and
(e)βHas entered into a supervision agreement with an approved supervisor.
Sec.β9.4.ββA license as a marriage and family therapist intern:
1.ββIs valid for 3 years and may be renewed not more than once; and
2.ββExpires upon:
(a)βThe termination of the supervision agreement with an approved supervisor;
(b)βA change in the approved supervisor; or
(c)βThe issuance of a license as a marriage and family therapist to the holder of the license as a marriage and family therapist intern.
Sec.β9.6.ββThe holder of a license as a marriage and family therapist intern:
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κ2007 Statutes of Nevada, Page 3055 (CHAPTER 515, AB 424)κ
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1.ββMay engage in the practice of marriage and family therapy only for the purposes of obtaining the supervised experience required by subsection 5 of NRS 641A.220 for a license to practice as a marriage and family therapist; and
2.ββShall not engage in the practice of marriage and family therapy independently.
Sec.β9.8.ββ1.ββThe holder of a license as a marriage and family therapist intern shall, before providing any counseling or other therapeutic service to a client:
(a)βInform the client that he holds a license as a marriage and family therapist intern and is practicing under the supervision of an approved supervisor; and
(b)βProvide to the client the name of his approved supervisor.
2.ββA violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.
Sec.β9.9.ββ1.ββThe holder of a license as a marriage and family therapist intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.
2.ββEach party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.
Sec.β10.ββNRS 641A.010 is hereby amended to read as follows:
641A.010ββThe practice of marriage and family therapy [is] and the practice of clinical professional counseling are hereby declared [a learned profession,] to be learned professions profoundly affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.
Sec.β11.ββNRS 641A.020 is hereby amended to read as follows:
641A.020ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641A.030 to 641A.080, inclusive, and sections 5.5, 6 and 7 of this act have the meanings [assigned] ascribed to them in [such] those sections.
Sec.β12.ββNRS 641A.030 is hereby amended to read as follows:
641A.030ββBoard means the Board of Examiners for Marriage and Family Therapists [.] and Clinical Professional Counselors.
Sec.β13.ββNRS 641A.040 is hereby amended to read as follows:
641A.040ββLicense means a license issued by the Board pursuant to this chapter to practice as a marriage and family therapist [.] , a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern.
Sec.β14.ββNRS 641A.050 is hereby amended to read as follows:
641A.050ββLicensee means a person licensed as a marriage and family therapist , a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern by the Board.
Sec.β14.5.ββNRS 641A.080 is hereby amended to read as follows:
641A.080ββ1.ββPractice of marriage and family therapy means the [application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marriage and family therapy. The application of these principles includes:
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κ2007 Statutes of Nevada, Page 3056 (CHAPTER 515, AB 424)κ
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(a)βDiagnosis, therapy, treatment, counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.
(b)βConducting research concerning problems related to marital relationships and human behavior.
(c)βConsultation with other persons engaged in the practice of marriage and family therapy if the consultation is determined by the Board to include the application of any of these principles.] diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of interpersonal relationships, including, without limitation, marital and family systems, and involves the professional application or use of psychotherapy, counseling, evaluation, assessment instruments, consultation, treatment planning, supervision, research and prevention of mental and emotional disorders. The term includes, without limitation, the rendering of professional marital and family therapy services to a person, couple, family or family group or other group of persons.
2.ββThe term does not include:
(a)βThe diagnosis or treatment of a psychotic disorder; or
(b)βThe use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude, interests or addictions.
Sec.β15.ββNRS 641A.090 is hereby amended to read as follows:
641A.090ββThe Board of Examiners for Marriage and Family Therapists [,] and Clinical Professional Counselors, consisting of [six] eight members appointed by the Governor, is hereby created.
Sec.β15.5.ββNRS 641A.090 is hereby amended to read as follows:
641A.090ββThe Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, consisting of [eight] nine members appointed by the Governor, is hereby created.
Sec.β16.ββNRS 641A.100 is hereby amended to read as follows:
641A.100ββ1.ββThe Governor shall appoint to the Board:
(a)βFour members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; [and]
(b)βTwo members who are licensed clinical professional counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and
(c)βTwo members who are representatives of the general public. These members must not be:
(1)βA marriage and family therapist; [or]
(2)βA clinical professional counselor; or
(3)βThe spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist [.] or clinical professional counselor.
2.ββThe members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
3.ββThe Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.
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κ2007 Statutes of Nevada, Page 3057 (CHAPTER 515, AB 424)κ
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Sec.β16.5.ββNRS 641A.100 is hereby amended to read as follows:
641A.100ββ1.ββThe Governor shall appoint to the Board:
(a)βFour members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist;
(b)β[Two] Three members who are licensed clinical professional counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and
(c)βTwo members who are representatives of the general public. These members must not be:
(1)βA marriage and family therapist;
(2)βA clinical professional counselor; or
(3)βThe spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist or clinical professional counselor.
2.ββThe members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.
3.ββThe Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.
Sec.β17.ββNRS 641A.130 is hereby amended to read as follows:
641A.130ββThe Board shall meet at least once every 6 months at a time and place fixed by the Board. The Board shall hold a special meeting upon a call of the President or upon a request by a majority of the members. [Three] Five members of the Board constitute a quorum.
Sec.β18.ββNRS 641A.160 is hereby amended to read as follows:
641A.160ββThe Board shall adopt regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensing of applicants, the granting, refusal, revocation or suspension of licenses , and the practice of marriage and family therapy and the practice of clinical professional counseling as [it applies] those practices apply to this chapter.
Sec.β19.ββNRS 641A.180 is hereby amended to read as follows:
641A.180ββThe Board shall:
1.ββAdopt regulations specifying the criteria for courses of study that are sufficient for the purposes of licensing; and
2.ββDetermine which schools in and out of this State have courses of study for the preparation of marriage and family therapy and clinical professional counseling which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of [such] those courses of study.
Sec.β20.ββNRS 641A.215 is hereby amended to read as follows:
641A.215ββ1.ββIn addition to any other requirements set forth in this chapter:
(a)βAn applicant for the issuance of a license [as a marriage and family therapist] shall include the social security number of the applicant in the application submitted to the Board.
(b)βAn applicant for the issuance or renewal of a license [as a marriage and family therapist] shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.
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κ2007 Statutes of Nevada, Page 3058 (CHAPTER 515, AB 424)κ
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the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2.ββThe Board shall include the statement required pursuant to subsection 1 in:
(a)βThe application or any other forms that must be submitted for the issuance or renewal of the license; or
(b)βA separate form prescribed by the Board.
3.ββA license [as a marriage and family therapist] may not be issued or renewed by the Board if the applicant:
(a)βFails to submit the statement required pursuant to subsection 1; or
(b)βIndicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4.ββIf an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec.β21.ββNRS 641A.215 is hereby amended to read as follows:
641A.215ββ1.ββIn addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license [as a marriage and family therapist] shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2.ββThe Board shall include the statement required pursuant to subsection 1 in:
(a)βThe application or any other forms that must be submitted for the issuance or renewal of the license; or
(b)βA separate form prescribed by the Board.
3.ββA license [as a marriage and family therapist] may not be issued or renewed by the Board if the applicant:
(a)βFails to submit the statement required pursuant to subsection 1; or
(b)βIndicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4.ββIf an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
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κ2007 Statutes of Nevada, Page 3059 (CHAPTER 515, AB 424)κ
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Sec.β22.ββNRS 641A.220 is hereby amended to read as follows:
641A.220ββEach applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that he:
1.ββIs at least 21 years of age;
2.ββIs of good moral character;
3.ββIs a citizen of the United States, or is lawfully entitled to remain and work in the United States;
4.ββHas completed his residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;
5.ββHas [at least 1 year] :
(a)βAt least 2 years of postgraduate experience in marriage and family therapy [deemed satisfactory to the Board;] ; and
(b)βAt least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and
6.ββHolds an undergraduate degree from an accredited institution approved by the Board.
Sec.β23.ββNRS 641A.230 is hereby amended to read as follows:
641A.230ββ1.ββExcept as otherwise provided in subsection 2, each qualified applicant for a license to practice as a marriage and family therapist must [be given] pass a written examination given by the Board on his knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine. [A grade of 70 percent is a passing grade.]
2.ββThe Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the [American] Association [for Marriage] of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.
3.ββIn addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.
Sec.β23.5.ββNRS 641A.235 is hereby amended to read as follows:
641A.235ββ1.ββThe Board shall issue a license to an applicant who meets the requirements imposed pursuant to this chapter.
2.ββ[A] Except as otherwise provided in sections 8.4 and 9.4 of this act, a license expires on January 1 of each year.
3.ββThe Board may prorate the fee for a license which expires less than 6 months after the date of issuance.
Sec.β24.ββNRS 641A.265 is hereby amended to read as follows:
641A.265ββThe Board may waive all or part of the requirement of continuing education in a particular year if the marriage and family therapist or clinical professional counselor was prevented from fulfilling the requirement [by] because of circumstances beyond his control.
Sec.β25.ββNRS 641A.285 is hereby amended to read as follows:
641A.285ββ1.ββUpon written request to the Board and payment of the fee prescribed by the Board, a licensee in good standing may have his name and license transferred to an inactive list for a period not to exceed 3 continuous years. A licensee shall not practice marriage and family therapy or clinical professional counseling during the time his license is inactive. If an inactive licensee desires to resume the practice of marriage and family therapy [,] or clinical professional counseling, the Board must reactivate the license upon the:
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κ2007 Statutes of Nevada, Page 3060 (CHAPTER 515, AB 424)κ
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an inactive licensee desires to resume the practice of marriage and family therapy [,] or clinical professional counseling, the Board must reactivate the license upon the:
(a)βCompletion of an application for reactivation;
(b)βPayment of the fee for renewal of the license; and
(c)βDemonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice.
Κ Except as otherwise provided in subsection 2, the licensee is not required to pay the delinquency fee or the renewal fee for any year while the license was inactive.
2.ββAny license that remains inactive for a period which exceeds 3 continuous years is deemed:
(a)βTo effect a revocation for the purposes of NRS 641A.270.
(b)βTo have lapsed at the beginning of that period for the purposes of NRS 641A.280.
3.ββThe Board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of inactive licenses and any requirement of continuing education for inactive licensees.
Sec.β26.ββNRS 641A.310 is hereby amended to read as follows:
641A.310ββThe Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:
1.ββConviction of a felony relating to the practice of marriage and family therapy or clinical professional counseling or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
2.ββHabitual drunkenness or addiction to the use of a controlled substance.
3.ββImpersonating a licensed marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern or allowing another person to use his license.
4.ββUsing fraud or deception in applying for a license or in passing the examination provided for in this chapter.
5.ββRendering or offering to render services outside the area of his training, experience or competence.
6.ββCommitting unethical practices contrary to the interest of the public as determined by the Board.
7.ββUnprofessional conduct as determined by the Board.
8.ββNegligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.
Sec.β27.ββNRS 641A.313 is hereby amended to read as follows:
641A.313ββ1.ββIf the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license , [as a marriage and family therapist,] the Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
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κ2007 Statutes of Nevada, Page 3061 (CHAPTER 515, AB 424)κ
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2.ββThe Board shall reinstate a license [as a marriage and family therapist] that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec.β28.ββNRS 641A.315 is hereby amended to read as follows:
641A.315ββ1.ββIf the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern has raised a reasonable question as to his competence to practice therapy or clinical professional counseling with reasonable skill and safety, it may order the marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to undergo:
(a)βA mental or physical examination administered by an appropriately licensed provider of health care;
(b)βAn examination testing his competence to practice therapy [;] or clinical professional counseling; or
(c)βAny other examination designated by the Board,
Κ to assist the Board or committee in determining the fitness of the marriage and family therapist or marriage and family therapist intern to practice therapy [.] or the clinical professional counselor or clinical professional counselor intern to practice clinical professional counseling.
2.ββFor the purposes of this section:
(a)βEvery marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern who applies for a license or who is licensed pursuant to this chapter is deemed to have given his consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.
(b)βThe testimony and reports of the examining provider of health care are not privileged communications.
3.ββExcept in extraordinary circumstances, as determined by the Board, the failure of a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him.
4.ββThe Board may require the marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to pay the cost of the examination.
Sec.β29.ββNRS 641A.410 is hereby amended to read as follows:
641A.410ββ1.ββIt is unlawful for any person to engage in the practice of marriage and family therapy or the practice of clinical professional counseling unless he is licensed under the provisions of this chapter.
2.ββThe provisions of this chapter do not:
(a)βPrevent any licensed physician, licensed nurse, licensed psychologist, certified alcohol or drug abuse counselor or other person licensed or certified by the State from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.
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κ2007 Statutes of Nevada, Page 3062 (CHAPTER 515, AB 424)κ
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by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.
(b)βApply to any activity or service of a student who is obtaining a professional education as recognized by the Board if the activity or service constitutes a part of the students supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title intern in marriage and family therapy or any other title which clearly indicates his status as a student.
(c)βApply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist [.] or a clinical professional counselor.
(d)βApply to a licensed or ordained minister in good standing with his denomination whose duty is primarily to serve his congregation and whose practice of marriage and family therapy or clinical professional counseling is incidental to his other duties if he does not hold himself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.
Sec.β30.ββNRS 641A.430 is hereby amended to read as follows:
641A.430ββIt is unlawful for any person, other than a person licensed under this chapter, to employ or use the term marriage and family counselor, marriage and family therapist, marriage and family therapist intern, marital adviser, marital therapist, [or] marital consultant, clinical professional counselor, clinical professional counselor intern or any similar title in connection with his work, or in any way imply that he is licensed by the Board, unless he is licensed under this chapter.
Sec.β31.ββNRS 641A.440 is hereby amended to read as follows:
641A.440ββAny person who violates any of the provisions of this chapter or, having had his license suspended or revoked, continues to represent himself as a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern shall be punished by imprisonment in the county jail for not more than 1 year or by a fine of not more than $5,000, or by both fine and imprisonment. Each violation is a separate offense.
Sec.β32.ββNRS 641A.450 is hereby amended to read as follows:
641A.450ββA violation of this chapter by a person unlawfully representing himself as a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern may be enjoined by a district court on petition by the Board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself as a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern, the court shall enjoin him from making such a representation until he has been licensed. Procedure in [such] those cases is the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.
Sec.β33.ββNRS 641B.040 is hereby amended to read as follows:
641B.040ββThe provisions of this chapter do not apply to:
1.ββA physician who is licensed to practice in this State;
2.ββA nurse who is licensed to practice in this State;
3.ββA person who is licensed as a psychologist pursuant to chapter 641 of NRS;
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κ2007 Statutes of Nevada, Page 3063 (CHAPTER 515, AB 424)κ
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4.ββA person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
5.ββA person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
6.ββA person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
[6.]β7.ββA 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 a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern , pursuant to chapter 641C of NRS;
[7.]β8.ββAny clergyman;
[8.]β9.ββA county welfare director;
[9.]β10.ββAny person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
[10.]β11.ββA student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec.β34.ββChapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 38, inclusive, of this act.
Sec.β35.ββ1.ββClinical practice of counseling alcohol and drug abusers means:
(a)βThe application of counseling to reduce or eliminate the habitual use of alcohol or other drugs, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS; and
(b)βThe identification, evaluation and diagnosis of and treatment for a mental illness when a mentally ill person is also an alcoholic or abuser of drugs.
2.ββThe term does not include:
(a)βThe diagnosis or treatment of a psychotic disorder; or
(b)βThe use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude and interests.
Sec.β36.ββ1.ββThe Board shall issue a license as a clinical alcohol and drug abuse counselor to:
(a)βA person who:
(1)βIs not less than 21 years of age;
(2)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(3)βHas received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;
(4)βHas completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers;
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κ2007 Statutes of Nevada, Page 3064 (CHAPTER 515, AB 424)κ
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(5)βHas completed a program that:
(I)βIs approved by the Board; and
(II)βConsists of at least 2,000 hours of postgraduate counseling of persons who are mentally ill and who are alcohol and drug abusers that is supervised by a person professionally qualified in the field of psychiatric mental health and who is approved by the Board;
(6)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(7)βPays the fees required pursuant to NRS 641C.470; and
(8)βSubmits all information required to complete an application for a license.
(b)βA person who:
(1)βIs not less than 21 years of age;
(2)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(3)βIs:
(I)βLicensed as a clinical social worker pursuant to chapter 641B of NRS;
(II)βLicensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
(III)βA nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
(4)βHas completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;
(5)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(6)βPays the fees required pursuant to NRS 641C.470; and
(7)βSubmits all the information required to complete an application for a license.
2.ββAs used in this section, person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.
Sec.β37.ββ1.ββThe Board shall issue a certificate as a clinical alcohol and drug abuse counselor intern to a person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)βPays the fees required pursuant to NRS 641C.470;
(d)βSubmits proof to the Board that he has received a masters degree or doctoral degree in a field of social science approved by the Board that includes comprehensive coursework in clinical mental health, including the diagnosis of mental health disorders; and
(e)βSubmits all the information required to complete an application for a certificate.
2.ββA certificate as a clinical alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3.ββA certified clinical alcohol and drug abuse counselor intern may, under the supervision of a licensed clinical alcohol and drug abuse counselor:
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κ2007 Statutes of Nevada, Page 3065 (CHAPTER 515, AB 424)κ
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(a)βEngage in the clinical practice of counseling alcohol and drug abusers; and
(b)βDiagnose or classify a person as an alcoholic or drug abuser.
Sec.β38.ββ1.ββA license as a clinical alcohol and drug abuse counselor is valid for 1 year and may be renewed.
2.ββA licensed clinical alcohol and drug abuse counselor may:
(a)βEngage in the clinical practice of counseling alcohol and drug abusers;
(b)βDiagnose or classify a person as an alcoholic or abuser of drugs; and
(c)βSupervise certified interns.
Sec.β39.ββNRS 641C.010 is hereby amended to read as follows:
641C.010ββThe practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers are hereby declared to be learned professions affecting public health, safety and welfare and are subject to regulation to protect the public from the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers , licensed or certified to engage in the clinical practice of counseling alcohol and drug abusers or certified to engage in the practice of counseling problem gamblers.
Sec.β40.ββNRS 641C.020 is hereby amended to read as follows:
641C.020ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641C.030 to 641C.110, inclusive, and section 35 of this act, have the meanings ascribed to them in those sections.
Sec.β41.ββNRS 641C.040 is hereby amended to read as follows:
641C.040ββCertificate means a certificate issued to a person who is certified as an alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern.
Sec.β42.ββNRS 641C.060 is hereby amended to read as follows:
641C.060ββCertified intern means a person who is certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern pursuant to the provisions of this chapter.
Sec.β43.ββNRS 641C.080 is hereby amended to read as follows:
641C.080ββLicense means a license issued to a person who is licensed as an alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec.β44.ββNRS 641C.090 is hereby amended to read as follows:
641C.090ββLicensed counselor means a person who is licensed as an alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor pursuant to the provisions of this chapter.
Sec.β45.ββ(Deleted by amendment.)
Sec.β46.ββNRS 641C.130 is hereby amended to read as follows:
641C.130ββThe provisions of this chapter do not apply to:
1.ββA physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS;
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κ2007 Statutes of Nevada, Page 3066 (CHAPTER 515, AB 424)κ
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2.ββA nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
3.ββA psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;
4.ββA clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;
5.ββA marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers; or
[5.]β6.ββA person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.
Sec.β47.ββNRS 641C.150 is hereby amended to read as follows:
641C.150ββ1.ββThe Board of Examiners for Alcohol, Drug and Gambling Counselors, consisting of seven members appointed by the Governor, is hereby created.
2.ββThe Board must consist of:
(a)βThree members who are licensed as clinical alcohol and drug abuse counselors or alcohol and drug abuse counselors pursuant to the provisions of this chapter.
(b)βOne member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.
(c)βTwo members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS and certified as problem gambling counselors pursuant to the provisions of this chapter.
(d)βOne member who is a representative of the general public. This member must not be:
(1)βA licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or problem gambling counselor; or
(2)βThe spouse or the parent or child, by blood, marriage or adoption, of a licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or problem gambling counselor.
3.ββA person may not be appointed to the Board unless he is:
(a)βA citizen of the United States or is lawfully entitled to remain and work in the United States; and
(b)βA resident of this State.
4.ββNo member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.
Sec.β48.ββNRS 641C.220 is hereby amended to read as follows:
641C.220ββThe Board may enter into an interlocal agreement with an Indian tribe to provide to members of the tribe training in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors [.]
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κ2007 Statutes of Nevada, Page 3067 (CHAPTER 515, AB 424)κ
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alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors [.] and licenses as clinical alcohol and drug abuse counselors.
Sec.β49.ββNRS 641C.290 is hereby amended to read as follows:
641C.290ββ1.ββEach applicant for a license as a clinical alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the clinical practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
2.ββEach applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
[2.]β3.ββEach applicant for a certificate as a problem gambling counselor must pass a written examination concerning his knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
[3.]β4.ββThe Board shall:
(a)βExamine applicants at least two times each year.
(b)βEstablish the time and place for the examinations.
(c)βProvide such books and forms as may be necessary to conduct the examinations.
(d)βEstablish, by regulation, the requirements for passing the examination.
[4.]β5.ββThe Board may employ other persons to conduct the examinations.
Sec.β50.ββNRS 641C.300 is hereby amended to read as follows:
641C.300ββThe Board shall issue a license or certificate without examination to a person who holds a license or certificate as [an] a clinical alcohol and drug abuse counselor or an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the Board to be substantially equivalent to the requirements set forth in the provisions of this chapter.
Sec.β51.ββNRS 641C.310 is hereby amended to read as follows:
641C.310ββ1.ββThe Board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the Board may require the presentation of evidence.
2.ββThe Board may refuse to issue a license or certificate to an applicant if the Board determines that the applicant:
(a)βIs not of good moral character as it relates to the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;
(b)βHas submitted a false credential to the Board;
(c)βHas been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;
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κ2007 Statutes of Nevada, Page 3068 (CHAPTER 515, AB 424)κ
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(d)βHas committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this State; or
(e)βHas failed to comply with any of the requirements for a license or certificate.
Sec.β52.ββNRS 641C.320 is hereby amended to read as follows:
641C.320ββ1.ββThe Board may issue [a] :
(a)βA provisional license as a clinical alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license as a clinical alcohol and drug abuse counselor and is otherwise eligible for that license pursuant to section 36 of this act; or
(b)βA provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to NRS 641C.350 or 641C.390.
2.ββA provisional license or certificate is valid for not more than 1 year and may not be renewed.
Sec.β53.ββNRS 641C.350 is hereby amended to read as follows:
641C.350ββThe Board shall issue a license as an alcohol and drug abuse counselor to:
1.ββA person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)βHas received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
(d)βHas completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(f)βPays the fees required pursuant to NRS 641C.470; and
(g)βSubmits all information required to complete an application for a license.
2.ββA person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)βIs:
(1)βLicensed as a clinical social worker pursuant to chapter 641B of NRS;
(2)βLicensed as a clinical professional counselor pursuant to chapter 641A of NRS;
(3)βLicensed as a marriage and family therapist pursuant to chapter 641A of NRS; [or
(3)]β(4)βA nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university; or
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κ2007 Statutes of Nevada, Page 3069 (CHAPTER 515, AB 424)κ
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(5)βLicensed as a clinical alcohol and drug abuse counselor pursuant to this chapter;
(d)βHas completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;
(e)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(f)βPays the fees required pursuant to NRS 641C.470; and
(g)βSubmits all information required to complete an application for a license.
Sec.β54.ββNRS 641C.360 is hereby amended to read as follows:
641C.360ββ1.ββA license as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
2.ββA licensed alcohol and drug abuse counselor may:
(a)βEngage in the practice of counseling alcohol and drug abusers;
(b)βDiagnose or classify a person as an alcoholic or abuser of drugs; and
(c)βSupervise certified alcohol and drug abuse counselor interns.
3.ββA licensed alcohol and drug abuse counselor may not identify, evaluate, diagnose or treat a mental illness when a mentally ill person is also an alcoholic or abuser of drugs.
Sec.β55.ββNRS 641C.420 is hereby amended to read as follows:
641C.420ββ1.ββThe Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)βHas a high school diploma or a general equivalency diploma;
(d)βPays the fees required pursuant to NRS 641C.470;
(e)βSubmits proof to the Board that he:
(1)βIs enrolled in a program from which he will receive an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the Board; or
(2)βHas received an associates degree, bachelors degree, masters degree or doctoral degree in a field of social science approved by the Board; and
(f)βSubmits all information required to complete an application for a certificate.
2.ββA certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3.ββA certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor [:] or licensed clinical alcohol and drug abuse counselor:
(a)βEngage in the practice of counseling alcohol and drug abusers; and
(b)βDiagnose or classify a person as an alcoholic or drug abuser.
Sec.β56.ββNRS 641C.430 is hereby amended to read as follows:
641C.430ββThe Board may issue a certificate as a problem gambling counselor to:
1.ββA person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
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κ2007 Statutes of Nevada, Page 3070 (CHAPTER 515, AB 424)κ
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(c)βHas received a bachelors degree, masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;
(d)βHas completed not less than 60 hours of training specific to problem gambling approved by the Board;
(e)βHas completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
(f)βPasses the written examination prescribed by the Board pursuant to NRS 641C.290;
(g)βPresents himself when scheduled for an interview at a meeting of the Board;
(h)βPays the fees required pursuant to NRS 641C.470; and
(i)βSubmits all information required to complete an application for a certificate.
2.ββA person who:
(a)βIs not less than 21 years of age;
(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c)βIs licensed as:
(1)βA clinical social worker pursuant to chapter 641B of NRS;
(2)βA clinical professional counselor pursuant to chapter 641A of NRS;
(3)βA marriage and family therapist pursuant to chapter 641A of NRS;
[(3)]β(4)βA physician pursuant to chapter 630 of NRS;
[(4)]β(5)βA nurse pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
[(5)]β(6)βA psychologist pursuant to chapter 641 of NRS; [or
(6)]β(7)βAn alcohol and drug abuse counselor pursuant to this chapter; or
(8)βA clinical alcohol and drug abuse counselor pursuant to this chapter;
(d)βHas completed not less than 60 hours of training specific to problem gambling approved by the Board;
(e)βHas completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;
(f)βPasses the written examination prescribed by the Board pursuant to NRS 641C.290;
(g)βPays the fees required pursuant to NRS 641C.470; and
(h)βSubmits all information required to complete an application for a certificate.
Sec.β57.ββNRS 641C.470 is hereby amended to read as follows:
641C.470ββ1.ββThe Board shall charge and collect not more than the following fees:
Β
For the initial application for a license or certificate.............................................................................................. $150
For the issuance of a provisional license or certificate..................................................................... 125
For the issuance of an initial license or certificate............................................................................... 60
For the renewal of a license or certificate as an alcohol and drug abuse counselor , a license as a clinical alcohol and drug abuse counselor or a certificate as a problem gambling counselor.............................................................................................................................................................. 300
Β
κ2007 Statutes of Nevada, Page 3071 (CHAPTER 515, AB 424)κ
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For the renewal of a certificate as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern............... $75
For the renewal of a delinquent license or certificate.......................................................................... 75
For the restoration of an expired license or certificate...................................................................... 150
For the restoration or reinstatement of a suspended or revoked license or certificate................ 300
For the issuance of a license or certificate without examination.................................................... 150
For an examination................................................................................................................................. 150
For the approval of a course of continuing education..................................................................... 150
Β
2.ββThe fees charged and collected pursuant to this section are not refundable.
Sec.β58.ββNRS 641C.700 is hereby amended to read as follows:
641C.700ββThe grounds for initiating disciplinary action pursuant to the provisions of this chapter include:
1.ββConviction of:
(a)βA felony relating to the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;
(b)βAn offense involving moral turpitude; or
(c)βA violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;
2.ββFraud or deception in:
(a)βApplying for a license or certificate;
(b)βTaking an examination for a license or certificate;
(c)βDocumenting the continuing education required to renew or reinstate a license or certificate;
(d)βSubmitting a claim for payment to an insurer; or
(e)βThe practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;
3.ββAllowing the unauthorized use of a license or certificate issued pursuant to this chapter;
4.ββProfessional incompetence;
5.ββThe habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;
6.ββEngaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and
7.ββEngaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board.
Sec.β59.ββNRS 641C.720 is hereby amended to read as follows:
641C.720ββ1.ββThe Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
Β
κ2007 Statutes of Nevada, Page 3072 (CHAPTER 515, AB 424)κ
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2.ββIf, after notice and a hearing as required by law, the Board determines that a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:
(a)βAdminister a public reprimand;
(b)βSuspend his license or certificate and impose conditions for the removal of the suspension;
(c)βRevoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;
(d)βIf he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;
(e)βRequire him to participate in treatment or counseling and pay the expenses of that treatment or counseling;
(f)βRequire him to pay restitution to any person adversely affected by his acts or omissions;
(g)βImpose a fine of not more than $5,000; or
(h)βTake any combination of the actions authorized by paragraphs (a) to (g), inclusive.
3.ββIf his license or certificate is revoked or suspended pursuant to subsection 2, the licensed or certified counselor or certified intern may apply to the Board for reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of his revoked license or certificate. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.
4.ββThe Board shall not administer a private reprimand.
5.ββAn order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec.β60.ββNRS 641C.900 is hereby amended to read as follows:
641C.900ββ1.ββExcept as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless he is a licensed counselor, certified counselor or certified intern.
2.ββA person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor , the clinical practice of counseling alcohol and drug abusers under the supervision of a clinical alcohol and drug abuse counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:
(a)βIs qualified to be licensed or certified pursuant to the provisions of this chapter; and
(b)βSubmits an application to the Board for a license or certificate pursuant to the provisions of this chapter.
Sec.β61.ββNRS 641C.910 is hereby amended to read as follows:
641C.910ββ1.ββA person shall not:
(a)βHold himself out to a member of the general public as a clinical alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern;
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κ2007 Statutes of Nevada, Page 3073 (CHAPTER 515, AB 424)κ
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counselor intern, an alcohol and drug abuse counselor, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern;
(b)βUse the title clinical alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor intern, alcohol and drug abuse counselor, alcohol and drug abuse counselor intern, drug abuse counselor, substance abuse counselor, problem gambling counselor, problem gambling counselor intern, gambling counselor, detoxification technician or any similar title in connection with his work; or
(c)βImply in any way that he is licensed or certified by the Board,
Κ unless he is licensed or certified by the Board pursuant to the provisions of this chapter or a regulation adopted pursuant to NRS 641C.500.
2.ββIf the Board believes that any person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation. An injunction:
(a)βMay be issued without proof of actual damage sustained by any person.
(b)βDoes not prevent the criminal prosecution and punishment of a person who violates a provision of this chapter or a regulation adopted pursuant thereto.
Sec.β61.5.ββNRS 643.177 is hereby amended to read as follows:
643.177ββ1.ββAny person who owns, manages, operates or controls any barber school, or part thereof:
[1.]β(a)βShall:
[(a)]β(1)βDisplay a sign that may be easily seen upon entering the barber school on which is printed in bold letters Work Performed Exclusively by Students;
[(b)]β(2)βHave at least:
[(1)]β(I)βOne instructor on the premises of the barber school at all times if the active enrollment of the school is 10 students or less;
[(2)]β(II)βOne additional instructor on the premises of the barber school for each 10 students enrolled in the school in excess of 10 students; and
[(3)]β(III)β[Two] Except as otherwise provided in subsection 2, have at least two instructors available to provide instruction at all times;
[(c)]β(3)βNot allow a student to provide barbering services to members of the general public for more than 7 hours in a day or for more than 5 days in any 7-day period;
[(d)]β(4)βNot advertise that the barber school will charge for barbering services provided to members of the general public by students unless those barbering services are specifically advertised as services provided by students; and
[(e)]β(5)βComply with all other provisions of this chapter relating to barber schools.
[2.]β(b)βMay charge for barbering services provided to a member of the general public by a student if the student performs those barbering services as part of the required course of study of the barber school.
2.ββAn applicant for an initial license to operate a barber school may submit to the Board, on a form prescribed by the Board, a request for a waiver from the requirement that two instructors be available to provide instruction at all times pursuant to subsubparagraph (III) of subparagraph (2) of paragraph (a) of subsection 1.
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κ2007 Statutes of Nevada, Page 3074 (CHAPTER 515, AB 424)κ
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(2) of paragraph (a) of subsection 1. Upon receiving a request for a waiver pursuant to this subsection, the Board shall grant a waiver for 1 year.
Sec.β62.ββChapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 63 to 66, inclusive, of this act.
Sec.β63.ββAs used in sections 63 to 66, inclusive, of this act, unless the context otherwise requires:
1.ββClient means a person who consults or is interviewed by a clinical professional counselor for the purpose of diagnosis or treatment.
2.ββClinical professional counselor has the meaning ascribed to it in section 6 of this act and includes a clinical professional counselor intern.
3.ββA communication is confidential if it is not intended to be disclosed to any third person other than a person:
(a)βPresent during the consultation or interview to further the interest of the client;
(b)βReasonably necessary for the transmission of the communication; or
(c)βParticipating in the diagnosis or treatment under the direction of the clinical professional counselor, including a member of the clients family.
Sec.β64.ββA client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications among himself, his clinical professional counselor or any other person who is participating in the diagnosis or treatment under the direction of the clinical professional counselor.
Sec.β65.ββ1.ββThe privilege may be claimed by the client, by his guardian or conservator, or by the personal representative of a deceased client.
2.ββThe person who was the clinical professional counselor may claim the privilege but only on behalf of the client. The authority of the clinical professional counselor to do so is presumed in the absence of evidence to the contrary.
Sec.β66.ββThere is no privilege under section 64 or 65 of this act:
1.ββIf the client communicates to the clinical professional counselor that he intends or plans to commit what the client knows or reasonably should know is a crime.
2.ββIf the clinical professional counselor is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his client or the minor children of his client.
3.ββFor communications relevant to an issue in proceedings to hospitalize the client for mental illness, if the clinical professional counselor in the course of diagnosis or treatment has determined that the client is in need of hospitalization.
4.ββAs to communications relevant to an issue of the treatment of the client in any proceeding in which the treatment is an element of a claim or defense.
Sec.β66.5.ββNRS 49.246 is hereby amended to read as follows:
49.246ββAs used in NRS 49.246 to 49.249, inclusive, unless the context otherwise requires:
1.ββClient means a person who consults or is interviewed by a marriage and family therapist for the purpose of diagnosis or treatment.
2.ββA communication is confidential if it is not intended to be disclosed to any third person other than a person:
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κ2007 Statutes of Nevada, Page 3075 (CHAPTER 515, AB 424)κ
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(a)βPresent during the consultation or interview to further the interest of the client;
(b)βReasonably necessary for the transmission of the communication; or
(c)βParticipating in the diagnosis or treatment under the direction of the marriage and family therapist, including a member of the clients family.
3.ββMarriage and family therapist has the meaning ascribed to it in NRS 641A.060 [.] and includes a marriage and family therapist intern.
Sec.β67.ββNRS 62A.270 is hereby amended to read as follows:
62A.270ββQualified professional means:
1.ββA psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
2.ββA psychologist licensed to practice in this State;
3.ββA social worker holding a masters degree in social work and licensed in this State as a clinical social worker;
4.ββA registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State; [or]
5.ββA marriage and family therapist licensed in this State pursuant to chapter 641A of NRS [.] ; or
6.ββA clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
Sec.β68.ββNRS 62E.620 is hereby amended to read as follows:
62E.620ββ1.ββThe juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:
(a)βAn unlawful act in violation of NRS 484.379, 484.3795 or 484.37955;
(b)βThe unlawful act of using, possessing, selling or distributing a controlled substance; or
(c)βThe unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.
2.ββExcept as otherwise provided in subsection 3, an evaluation of the child must be conducted by:
(a)β[An] A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified , or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified , pursuant to chapter 641C of NRS , to make that classification; or
(b)βA physician who is certified to make that classification by the Board of Medical Examiners.
3.ββIf the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:
(a)βPossesses qualifications that are substantially similar to the qualifications described in subsection 2;
(b)βHolds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and
(c)βIs in good standing with the regulatory agency in the other state.
4.ββThe evaluation of the child may be conducted at an evaluation center.
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κ2007 Statutes of Nevada, Page 3076 (CHAPTER 515, AB 424)κ
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5.ββThe person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.
6.ββThe juvenile court shall:
(a)βOrder the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.
(b)βRequire the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c)βOrder the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:
(1)βThe juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2)βThe juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.
7.ββAfter a treatment facility has certified a childs successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:
(a)βDrives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or
(b)βEngages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.
8.ββThe provisions of this section do not prohibit the juvenile court from:
(a)βRequiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.
(b)βOrdering the child to attend a program of treatment which is administered by a private company.
9.ββAll information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:
(a)βThe juvenile court;
(b)βThe child;
(c)βThe attorney for the child, if any;
(d)βThe parents or guardian of the child;
(e)βThe district attorney; and
(f)βAny other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.
10.ββA record of any finding that a child has violated the provisions of NRS 484.379, 484.3795 or 484.37955 must be included in the drivers record of that child for 7 years after the date of the offense.
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κ2007 Statutes of Nevada, Page 3077 (CHAPTER 515, AB 424)κ
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Sec.β69.ββNRS 89.050 is hereby amended to read as follows:
89.050ββ1.ββExcept as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.
2.ββA professional corporation may be organized to render a professional service relating to:
(a)βArchitecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:
(1)βEngaged in the practice of architecture as provided in chapter 623 of NRS;
(2)βPracticing as a registered interior designer as provided in chapter 623 of NRS;
(3)βEngaged in the practice of residential design as provided in chapter 623 of NRS;
(4)βEngaged in the practice of landscape architecture as provided in chapter 623A of NRS; and
(5)βEngaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b)βMedicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.
(c)βMental health services, and may be composed of the following persons, in any number and in any combination:
(1)βAny psychologist who is licensed to practice in this State;
(2)βAny social worker who holds a masters degree in social work and who is licensed by this State as a clinical social worker;
(3)βAny registered nurse who is licensed to practice professional nursing in this State and who holds a masters degree in the field of psychiatric nursing; [and]
(4)βAny marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS [.] ; and
(5)βAny clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.
Κ Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to mental health services pursuant to this paragraph.
3.ββA professional corporation may render a professional service only through its officers and employees who are licensed or otherwise authorized by law to render the professional service.
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κ2007 Statutes of Nevada, Page 3078 (CHAPTER 515, AB 424)κ
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Sec.β70.ββNRS 176.133 is hereby amended to read as follows:
176.133ββAs used in NRS 176.133 to 176.159, inclusive, unless the context otherwise requires:
1.ββPerson professionally qualified to conduct psychosexual evaluations means a person who has received training in conducting psychosexual evaluations and is:
(a)βA psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
(b)βA psychologist licensed to practice in this State;
(c)βA social worker holding a masters degree in social work and licensed in this State as a clinical social worker;
(d)βA registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State; [or]
(e)βA marriage and family therapist licensed in this State pursuant to chapter 641A of NRS [.] ; or
(f)βA clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
2.ββPsychosexual evaluation means an evaluation conducted pursuant to NRS 176.139.
3.ββSexual offense means:
(a)βSexual assault pursuant to NRS 200.366;
(b)βStatutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c)βBattery with intent to commit sexual assault pursuant to NRS 200.400;
(d)βAbuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e)βAn offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f)βIncest pursuant to NRS 201.180;
(g)βSolicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;
(h)βOpen or gross lewdness pursuant to NRS 201.210, if punished as a felony;
(i)βIndecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
(j)βLewdness with a child pursuant to NRS 201.230;
(k)βSexual penetration of a dead human body pursuant to NRS 201.450;
(l)βLuring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony;
(m)βAn attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or
(n)βAn offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec.β71.ββNRS 200.471 is hereby amended to read as follows:
200.471ββ1.ββAs used in this section:
(a)βAssault means intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b)βOfficer means:
(1)βA person who possesses some or all of the powers of a peace officer;
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(2)βA person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3)βA member of a volunteer fire department;
(4)βA jailer, guard, matron or other correctional officer of a city or county jail;
(5)βA 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)βAn employee of the State or a political subdivision of the State whose official duties require him to make home visits.
(c)βProvider of health care means a physician, a physician assistant, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic physicians assistant, 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 dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist [and] , a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.
(d)βSchool employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e)βSporting event has the meaning ascribed to it in NRS 41.630.
(f)βSports official has the meaning ascribed to it in NRS 41.630.
(g)βTaxicab has the meaning ascribed to it in NRS 706.8816.
(h)βTaxicab driver means a person who operates a taxicab.
(i)βTransit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2.ββA person convicted of an assault shall be punished:
(a)βIf paragraph (c) or (d) [of this subsection] 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)βIf 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)βIf paragraph (d) [of this subsection] 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 duty or upon a sports official based on the performance of his 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.
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κ2007 Statutes of Nevada, Page 3080 (CHAPTER 515, AB 424)κ
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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)βIf 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 duty or upon a sports official based on the performance of his 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.
Sec.β72.ββNRS 200.5093 is hereby amended to read as follows:
200.5093ββ1.ββAny person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:
(a)βExcept as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:
(1)βThe local office of the Aging Services Division of the Department of Health and Human Services;
(2)βA police department or sheriffs office;
(3)βThe countys office for protective services, if one exists in the county where the suspected action occurred; or
(4)βA toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and
(b)βMake such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.
2.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3.ββEach agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services.
4.ββA report must be made pursuant to subsection 1 by the following persons:
(a)βEvery physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
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κ2007 Statutes of Nevada, Page 3081 (CHAPTER 515, AB 424)κ
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(b)βAny personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c)βA coroner.
(d)βEvery person who maintains or is employed by an agency to provide personal care services in the home.
(e)βEvery person who maintains or is employed by an agency to provide nursing in the home.
(f)βAny employee of the Department of Health and Human Services.
(g)βAny employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(h)βAny person who maintains or is employed by a facility or establishment that provides care for older persons.
(i)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(j)βEvery social worker.
(k)βAny person who owns or is employed by a funeral home or mortuary.
5.ββA report may be made by any other person.
6.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Health and Human Services his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7.ββA division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report.
8.ββIf the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
9.ββA person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec.β73.ββNRS 200.50935 is hereby amended to read as follows:
200.50935ββ1.ββAny person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:
(a)βReport the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and
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(b)βMake such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.
2.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.
3.ββA report must be made pursuant to subsection 1 by the following persons:
(a)βEvery physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.
(b)βAny personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.
(c)βA coroner.
(d)βEvery person who maintains or is employed by an agency to provide nursing in the home.
(e)βAny employee of the Department of Health and Human Services.
(f)βAny employee of a law enforcement agency or an adult or juvenile probation officer.
(g)βAny person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.
(h)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(i)βEvery social worker.
(j)βAny person who owns or is employed by a funeral home or mortuary.
4.ββA report may be made by any other person.
5.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
6.ββA law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.
7.ββA person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
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κ2007 Statutes of Nevada, Page 3083 (CHAPTER 515, AB 424)κ
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Sec.β74.ββNRS 209.448 is hereby amended to read as follows:
209.448ββ1.ββAn offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against him 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 30 days from the maximum term of his sentence 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.ββThe provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec.β75.ββNRS 211.340 is hereby amended to read as follows:
211.340ββ1.ββIn addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:
(a)βSuccessfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated 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; and
(b)βIs awarded a certificate evidencing his successful completion of the program.
2.ββThe provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec.β76.ββNRS 372.7285 is hereby amended to read as follows:
372.7285ββ1.ββIn administering the provisions of NRS 372.325, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a)βThe medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;
(b)βThe medical device is covered by Medicaid or Medicare; and
(c)βThe purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2.ββAs used in this section:
(a)βMedicaid means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b)βMedicare means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
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κ2007 Statutes of Nevada, Page 3084 (CHAPTER 515, AB 424)κ
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(c)βProvider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.
Sec.β77.ββNRS 374.731 is hereby amended to read as follows:
374.731ββ1.ββIn administering the provisions of NRS 374.330, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:
(a)βThe medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;
(b)βThe medical device is covered by Medicaid or Medicare; and
(c)βThe purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.
2.ββAs used in this section:
(a)βMedicaid means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(b)βMedicare means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(c)βProvider of health care means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.
Sec.β78.ββNRS 432B.220 is hereby amended to read as follows:
432B.220ββ1.ββAny person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a)βExcept as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b)βMake such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a)βA person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.
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κ2007 Statutes of Nevada, Page 3085 (CHAPTER 515, AB 424)κ
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(b)βAn agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3.ββAny person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4.ββA report must be made pursuant to subsection 1 by the following persons:
(a)βA physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.
(b)βAny personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.
(c)βA coroner.
(d)βA clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e)βA social worker and an administrator, teacher, librarian or counselor of a school.
(f)βAny person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g)βAny person licensed to conduct a foster home.
(h)βAny officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i)βAn attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.
(j)βAny person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
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κ2007 Statutes of Nevada, Page 3086 (CHAPTER 515, AB 424)κ
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(k)βAny person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, approved youth shelter has the meaning ascribed to it in NRS 244.422.
(l)βAny adult person who is employed by an entity that provides organized activities for children.
5.ββA report may be made by any other person.
6.ββIf a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec.β79.ββNRS 433.209 is hereby amended to read as follows:
433.209ββPerson professionally qualified in the field of psychiatric mental health means:
1.ββA psychiatrist licensed to practice medicine in the State of Nevada and certified by the American Board of Psychiatry and Neurology;
2.ββA psychologist licensed to practice in this State;
3.ββA social worker who holds a masters degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;
4.ββA registered nurse who:
(a)βIs licensed to practice professional nursing in this State;
(b)βHolds a masters degree in the field of psychiatric nursing; and
(c)βIs employed by the Division;
5.ββA marriage and family therapist licensed pursuant to chapter 641A of NRS; or
6.ββA clinical professional counselor licensed pursuant to chapter 641A of NRS.
Sec.β80.ββNRS 433.265 is hereby amended to read as follows:
433.265ββAny person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.
Sec.β81.ββNRS 433A.018 is hereby amended to read as follows:
433A.018ββPerson professionally qualified in the field of psychiatric mental health means:
1.ββA psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology;
2.ββA psychologist licensed to practice in this State;
3.ββA social worker who holds a masters degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;
4.ββA registered nurse who:
(a)βIs licensed to practice professional nursing in this State;
(b)βHolds a masters degree in the field of psychiatric nursing; and
(c)βIs employed by the Division; [or]
5.ββA marriage and family therapist licensed pursuant to chapter 641A of NRS; or
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κ2007 Statutes of Nevada, Page 3087 (CHAPTER 515, AB 424)κ
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6.ββA clinical professional counselor licensed pursuant to chapter 641A of NRS.
Sec.β82.ββNRS 433A.160 is hereby amended to read as follows:
433A.160ββ1.ββExcept as otherwise provided in subsection 2, an application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:
(a)βWithout a warrant:
(1)βTake an allegedly mentally ill person into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2)βTransport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:
(I)βA local law enforcement agency;
(II)βA system for the nonemergency medical transportation of persons whose operation is authorized by the Transportation Services Authority;
(III)βAn entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or
(IV)βIf medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ only if the agent, officer, physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his personal observation of the allegedly mentally ill person, probable cause to believe that the person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.
(b)βApply to a district court for an order requiring:
(1)βAny peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and
(2)βAny agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.
Κ The district court may issue such an order only if it is satisfied that there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.
2.ββAn application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the allegedly mentally ill person may apply to a district court for an order described in paragraph (b) of subsection 1.
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κ2007 Statutes of Nevada, Page 3088 (CHAPTER 515, AB 424)κ
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3.ββThe application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.
4.ββ[As used in subsection 1, an accredited agent of the Department means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
5.]ββExcept as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.
5.ββAs used in this section, an accredited agent of the Department means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.
Sec.β83.ββNRS 433B.090 is hereby amended to read as follows:
433B.090ββPerson professionally qualified in the field of psychiatric mental health means:
1.ββA psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;
2.ββA psychologist licensed to practice in this State;
3.ββA social worker who holds a masters degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;
4.ββA registered nurse who:
(a)βIs licensed to practice professional nursing in this State;
(b)βHolds a masters degree in the field of psychiatric nursing; and
(c)βIs employed by the Division or the Division of Mental Health and Developmental Services of the Department; [or]
5.ββA marriage and family therapist licensed pursuant to chapter 641A of NRS ; or
6.ββA clinical professional counselor licensed pursuant to chapter 641A of NRS.
Sec.β84.ββNRS 433B.160 is hereby amended to read as follows:
433B.160ββ1.ββA person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.
2.ββAny psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after his first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive that certification.
Sec.β85.ββNRS 433B.170 is hereby amended to read as follows:
433B.170ββThe Administrator shall not employ any psychiatrist, psychologist, social worker, registered nurse , clinical professional counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.
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κ2007 Statutes of Nevada, Page 3089 (CHAPTER 515, AB 424)κ
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counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.
Sec.β86.ββNRS 442.003 is hereby amended to read as follows:
442.003ββAs used in this chapter, unless the context requires otherwise:
1.ββAdvisory Board means the Advisory Board on Maternal and Child Health.
2.ββDepartment means the Department of Health and Human Services.
3.ββDirector means the Director of the Department.
4.ββFetal alcohol syndrome includes fetal alcohol effects.
5.ββHealth Division means the Health Division of the Department.
6.ββObstetric center has the meaning ascribed to it in NRS 449.0155.
7.ββProvider of health care or other services means:
(a)β[An] A clinical alcohol and drug abuse counselor who is licensed, or an alcohol and drug abuse counselor who is licensed or certified , pursuant to chapter 641C of NRS;
(b)βA physician or a physician assistant who is licensed pursuant to chapter 630 or an osteopathic physician who is licensed pursuant to chapter 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;
(c)βA licensed nurse;
(d)βA licensed psychologist;
(e)βA licensed marriage and family therapist;
(f)βA licensed clinical professional counselor;
(g)βA licensed social worker; or
[(g)]β(h)βThe holder of a certificate of registration as a pharmacist.
Sec.β87.ββNRS 484.37937 is hereby amended to read as follows:
484.37937ββ1.ββAn offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if:
(a)βThe offender is diagnosed as an alcoholic or abuser of drugs by:
(1)βAn alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that diagnosis; or
(2)βA physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b)βThe offender agrees to pay the cost of the treatment to the extent of his financial resources; and
(c)βThe offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.
2.ββA prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
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κ2007 Statutes of Nevada, Page 3090 (CHAPTER 515, AB 424)κ
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3.ββAt the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4.ββIf the court grants an application for treatment, the court shall:
(a)βImmediately sentence the offender and enter judgment accordingly.
(b)βSuspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c)βAdvise the offender that:
(1)βIf he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2)βIf he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3)βIf he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
5.ββThe court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a)βShall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b)βMay immediately revoke the suspension of sentence for a violation of any condition of the suspension.
6.ββThe court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec.β88.ββNRS 484.3794 is hereby amended to read as follows:
484.3794ββ1.ββAn offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if:
(a)βThe offender is diagnosed as an alcoholic or abuser of drugs by:
(1)βAn alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that diagnosis; or
(2)βA physician who is certified to make that diagnosis by the Board of Medical Examiners;
(b)βThe offender agrees to pay the costs of the treatment to the extent of his financial resources; and
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κ2007 Statutes of Nevada, Page 3091 (CHAPTER 515, AB 424)κ
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(c)βThe offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service.
2.ββA prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
3.ββAt the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
4.ββIf the court determines that an application for treatment should be granted, the court shall:
(a)βImmediately sentence the offender and enter judgment accordingly.
(b)βSuspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c)βAdvise the offender that:
(1)βIf he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2)βIf he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3)βIf he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
5.ββThe court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a)βShall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.
(b)βMay immediately revoke the suspension of sentence for a violation of a condition of the suspension.
6.ββThe court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec.β89.ββNRS 484.37943 is hereby amended to read as follows:
484.37943ββ1.ββIf an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the offenders blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.
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κ2007 Statutes of Nevada, Page 3092 (CHAPTER 515, AB 424)κ
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2.ββIf an offender is convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.
3.ββExcept as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a)βAn alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that evaluation; or
(b)βA physician who is certified to make that evaluation by the Board of Medical Examiners,
Κ who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4.ββThe evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5.ββThe evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6.ββThe evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
7.ββAn offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec.β90.ββNRS 484.3796 is hereby amended to read as follows:
484.3796ββ1.ββBefore sentencing an offender for a violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2.ββThe evaluation must be conducted by:
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κ2007 Statutes of Nevada, Page 3093 (CHAPTER 515, AB 424)κ
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(a)βAn alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make such an evaluation;
(b)βA physician who is certified to make such an evaluation by the Board of Medical Examiners; or
(c)βA psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3.ββThe alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.
Sec.β91.ββNRS 488.430 is hereby amended to read as follows:
488.430ββ1.ββBefore sentencing a defendant pursuant to NRS 488.420, 488.425 or 488.427, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.
2.ββThe evaluation must be conducted by:
(a)βAn alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make such an evaluation;
(b)βA physician who is certified to make such an evaluation by the Board of Medical Examiners; or
(c)βA psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.
3.ββThe alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.
Sec.β92.ββChapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.
Sec.β93.ββNRS 689A.0483 is hereby amended to read as follows:
689A.0483ββIf any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.
Sec.β94.ββChapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.
Sec.β95.ββNRS 689B.0383 is hereby amended to read as follows:
689B.0383ββIf any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.
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κ2007 Statutes of Nevada, Page 3094 (CHAPTER 515, AB 424)κ
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practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.
Sec.β96.ββChapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.
Sec.β97.ββNRS 695B.1973 is hereby amended to read as follows:
695B.1973ββIf any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.
Sec.β98.ββChapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.
Sec.β99.ββNRS 695C.1773 is hereby amended to read as follows:
695C.1773ββIf any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.
Sec.β99.5.ββSection 8 of this act is hereby amended to read as follows:
Sec.β8.ββEach applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that he:
1.ββIs at least 21 years of age;
2.ββIs of good moral character;
3.ββIs a citizen of the United States, or is lawfully entitled to remain and work in the United States;
4.ββHas:
(a)βCompleted his residency training in psychiatry from an accredited institution approved by the Board;
(b)βA graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or
(c)βAn acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and
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κ2007 Statutes of Nevada, Page 3095 (CHAPTER 515, AB 424)κ
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5.ββHas:
(a)βAt least 2 years of postgraduate experience in professional counseling;
(b)βAt least 3,000 hours of supervised experience in professional counseling which includes, without limitation:
(1)βAt least 1,500 hours of direct contact with clients; and
(2)βAt least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and
(c)β[Either:
(1)βPassed the National Counselor Examination for Licensure and Certification which is administered by the National Board for Certified Counselors and provided evidence satisfactory to the Board of at least 3 years of work experience in mental health counseling; or
(2)]βPassed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.
Sec.β99.7.ββSection 36 of this act is hereby amended to read as follows:
Sec.β36.ββ[1.]ββThe Board shall issue a license as a clinical alcohol and drug abuse counselor to:
[(a)]β1.ββA person who:
[(1)]β(a)βIs not less than 21 years of age;
[(2)]β(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
[(3)]β(c)βHas received a masters degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;
[(4)]β(d)βHas completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers;
[(5)]β(e)βHas completed a program that:
[(I)]β(1)βIs approved by the Board; and
[(II)]β(2)βConsists of at least 2,000 hours of postgraduate counseling of persons who are mentally ill and who are alcohol and drug abusers that is supervised by a [person professionally qualified in the field of psychiatric mental health and] licensed clinical alcohol and drug abuse counselor who is approved by the Board;
[(6)]β(f)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(7)]β(g)βPays the fees required pursuant to NRS 641C.470; and
[(8)]β(h)βSubmits all information required to complete an application for a license.
[(b)]β2.ββA person who:
[(1)]β(a)βIs not less than 21 years of age;
[(2)]β(b)βIs a citizen of the United States or is lawfully entitled to remain and work in the United States;
[(3)]β(c)βIs:
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κ2007 Statutes of Nevada, Page 3096 (CHAPTER 515, AB 424)κ
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[(I)]β(1)βLicensed as a clinical social worker pursuant to chapter 641B of NRS;
[(II)]β(2)βLicensed as a marriage and family therapist pursuant to chapter 641A of NRS; or
[(III)]β(3)βA nurse who is licensed pursuant to chapter 632 of NRS and has received a masters degree or a doctoral degree from an accredited college or university;
[(4)]β(d)βHas completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;
[(5)]β(e)βPasses the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
[(6)]β(f)βPays the fees required pursuant to NRS 641C.470; and
[(7)]β(g)βSubmits all the information required to complete an application for a license.
[2.ββAs used in this section, person professionally qualified in the field of psychiatric mental health has the meaning ascribed to it in NRS 433.209.]
Sec.β100.ββ1.ββAs soon as practicable on or after July 1, 2007, the Governor shall, pursuant to paragraph (b) of subsection 1 of NRS 641A.100, as amended by section 16 of this act, appoint to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors:
(a)βOne member whose term ends on June 30, 2010; and
(b)βOne member whose term ends on June 30, 2011.
2.ββAs soon as practicable on or after July 1, 2008, the Governor shall, pursuant to paragraph (b) of subsection 1 of NRS 641A.100, as amended by section 16.5 of this act, appoint to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors one member whose term ends on June 30, 2012.
3.ββNotwithstanding the provisions of section 16 of this act, the members described in subsection 1 that the Governor is required to appoint to the Board must have the qualifications for licensure as a clinical professional counselor set forth in section 8 of this act at the time of their appointment to the Board.
Sec.β101.ββ1.ββThis section and sections 1 to 15, inclusive, 16, 17 to 20, inclusive, 22 to 99, inclusive, and 100 of this act become effective:
(a)βUpon passage and approval for the purposes of adopting regulations to carry out the amendatory provisions of this act; and
(b)βOn July 1, 2007, for all other purposes.
2.ββSections 15.5 and 16.5 of this act become effective on July 1, 2008.
3.ββSection 61.5 of this act expires by limitation on June 30, 2009.
4.ββSection 8 of this act expires by limitation on December 31, 2009.
5.ββSection 99.5 of this act becomes effective on January 1, 2010.
6.ββSection 36 of this act expires by limitation on June 30, 2013.
7.ββSection 99.7 of this act becomes effective on July 1, 2013.
8.ββSection 20 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a)βHave failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
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