[Rev. 2/6/2019 2:59:19 PM]
Β
κ2009 Statutes of Nevada, Page 1233 (CHAPTER 287, AB 205)κ
Β
[5.]β4.ββSections 1 [, 2, 3 and 5] to 4, inclusive, of this act expire by limitation on June 30, 2011.
Sec.β29.ββ1.ββNRS 361A.155 is hereby repealed.
2.ββSection 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, is hereby repealed.
Sec.β30.ββThe provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.β31.ββ1.ββThis section and sections 3, 4, 27, 28, subsection 2 of section 29 and section 30 of this act become effective upon passage and approval.
2.ββSections 1, 2 and 5 to 26, inclusive, and subsection 1 of section 29 of this act become effective on July 1, 2009.
________
Β
Assembly Bill No. 220Assemblymen Smith, Anderson, Bobzien; Atkinson, Conklin, Kihuen, Leslie, Mastroluca and Oceguera
Β
CHAPTER 288
Β
AN ACT relating to the subdivision of land; revising the requirements for the purchase of property for school construction; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law sets forth a multistep process for obtaining approval for the subdivision of land. (NRS 278.320-278.460) One of the preliminary requirements is a determination of the need for a school in the area in which the subdivision is located. (NRS 278.330) If a school is needed, the subdivider is required to make suitable land within the proposed subdivision available for purchase by the school district at a price which does not exceed the fair market value of the land. Under existing law, if the school district does not construct a school on the land within 10 years from the date of purchase, the land must be offered for resale back to the subdivider or his successor in interest. (NRS 278.346)
This bill provides that, in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County), the school district and subdivider may negotiate a purchase price which is the lesser of: (1) the fair market value of the land on the date of purchase; or (2) the fair market value of the land at the time the tentative subdivision map was approved plus the costs of certain expenses paid by the subdivider. This bill also provides that, in such a county, if the purchase is not completed within 5 years after the final map that shows the school site is approved, the subdivider need not continue to set aside the land for the school district. This bill further requires a school district in such a county that purchased land for a school site to offer the land back to the subdivider or successor in interest if construction on a school has not begun at the site within 10 years from the date on which the final map that shows the school site was approved.
Β
κ2009 Statutes of Nevada, Page 1234 (CHAPTER 288, AB 220)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 278.346 is hereby amended to read as follows:
278.346ββ1.ββThe planning commission or its designated representative [,] or, if there is no planning commission, the clerk or other designated representative of the governing body shall , not more than 10 days after the tentative map is filed pursuant to the provisions of subsection 2 of NRS 278.330, forward a copy of the tentative map to the board of trustees of the school district within which the proposed subdivision is located. Within 15 days after receipt of the copy, the board of trustees or its designee shall, if a school site is needed within the area, notify the commission or governing body that a site is requested.
2.ββIf the board of trustees requests a site [, the person proposing the subdivision] :
(a)βThe subdivider shall , except as otherwise provided in subsection 8, set aside a site of the size which is determined by the board. [The person proposing the subdivision]
(b)βThe subdivider and the board of trustees shall , except as otherwise provided in subsections 7 and 8, negotiate for the price of the site, which must not exceed the fair market value of the land as determined by an independent appraisal paid for by the board.
3.ββIf any land purchased by [a] the school district pursuant to the provisions of [this subsection have] subsection 2 has not been placed in use as a school site at the end of 10 years from the date of purchase, the land must be offered to the subdivider or his successor in interest at a sale price equal to the fair market value [. If such person] of the land at the time of the offer, as determined by an independent appraisal paid for by the board.
4.ββIf the subdivider or his successor in interest does not accept [the offer,] an offer made pursuant to the provisions of subsection 3 or 9, then the board of trustees may:
(a)βSell or lease such property in the manner provided in NRS 277.050 or 393.220 to 393.320, inclusive;
(b)βExchange such property in the manner provided in NRS 277.050 or 393.326 to 393.3293, inclusive; or
(c)βRetain such property, if such retention is determined to be in the best interests of the school district.
[3.]β5.ββExcept as otherwise provided in subsection [4,] 6, when any land dedicated to the use of the public school system or any land purchased and used as a school site becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall dispose of the land as provided in subsection [2.] 4.
[4.]β6.ββLand dedicated under the provisions of former NRS 116.020, as it read before April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or his successor or successors in interest.
7.ββExcept as otherwise provided in subsection 8, in a county whose population is 100,000 or more but less than 400,000, the school district may purchase the site for a price negotiated between the subdivider and the board of trustees, which price must not exceed the lesser of:
Β
κ2009 Statutes of Nevada, Page 1235 (CHAPTER 288, AB 220)κ
Β
(a)βThe fair market value of the land at the time the tentative map was approved, as determined by an independent appraisal paid for by the board, plus any costs paid by the subdivider with respect to that land between the date the tentative map was approved and the date of purchase; or
(b)βThe fair market value of the land on the date of purchase, as determined by an independent appraisal paid for by the board.
8.ββIf, 5 years after the date on which the final map that contains the school site was approved, a school district has not purchased the site pursuant to the provisions of subsection 7, the subdivider need not continue to set aside the site pursuant to the provisions of subsection 2.
9.ββIf, 10 years after the date on which the final map that contains the school site was approved, construction of a school at the school site has not yet begun, the land purchased by the school district pursuant to subsection 7 must be offered to the subdivider or his successor in interest at a sale price equal to the fair market value of the land at the time of the offer, as determined by an independent appraisal paid for by the board.
________
Β
Assembly Bill No. 225Assemblymen Pierce; Atkinson, Buckley, Hogan, Kihuen, Kirkpatrick, Leslie, Munford, Oceguera and Segerblom
Β
CHAPTER 289
Β
AN ACT relating to county fire departments; requiring a board of county commissioners that creates a district for a fire department to adopt an ordinance requiring the imposition and collection of fees for the transportation of sick or injured persons by the department to a medical facility; mandating that such an ordinance in a county whose population is 400,000 or more limit the number of such transports by the department; requiring a board of county commissioners in a county whose population is 400,000 or more to submit a quarterly report to the Legislature and the Legislative Committee on Health Care of various information relating to the transport of sick and injured persons to medical facilities; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law requires the board of county commissioners, in a county where a district for a fire department has been created and where the fire department transports sick or injured persons to a medical facility, to adopt an ordinance that either: (1) requires the fire department to impose and collect fees to defray the expenses of furnishing such transportation; or (2) prohibits the imposition and collection of such fees. (NRS 244.2961) Section 1 of this bill repeals the option of adopting an ordinance prohibiting the imposition and collection of such fees, except in counties for which a nonprofit corporation has been granted an exclusive franchise to provide ambulance service. Section 1 also requires that, in a county whose population is 400,000 or more (currently Clark County), such an ordinance limit the number of transports the fire department may make annually to not more than 1,000 transports, with an exception for emergency situations in which a private ambulance is not available. Section 2 of this bill, with respect to a county that has already adopted an ordinance prohibiting the imposition and collection of such fees, allows the county until January 1, 2010, to amend or repeal that ordinance.
Β
κ2009 Statutes of Nevada, Page 1236 (CHAPTER 289, AB 225)κ
Β
adopted an ordinance prohibiting the imposition and collection of such fees, allows the county until January 1, 2010, to amend or repeal that ordinance. Section 3 of this bill requires the board of county commissioners of a county whose population is 400,000 or more to submit a quarterly report to the Legislature and the Legislative Committee on Health Care regarding the number of yearly transports made by the fire department and all ambulance companies. The report must include, without limitation, the fees charged for those transports, whether or not the persons transported had health insurance and what medical facilities the persons were transported to and from.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 244.2961 is hereby amended to read as follows:
244.2961ββ1.ββThe board of county commissioners may by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:
(a)βOrganize, regulate and maintain the fire department.
(b)βAppoint and prescribe the duties of the fire chief.
(c)βDesignate arson investigators as peace officers.
(d)βRegulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this paragraph that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.
(e)βEstablish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
(f)βInclude the budget of the district in the budget of the county.
(g)βHold meetings of the governing body of the district in conjunction with the meetings of the board of county commissioners without posting additional notices of the meetings within the district.
2.ββ[If] Except as otherwise provided in subsection 6, if the fire department transports sick or injured persons to a medical facility, the board of county commissioners shall adopt [:] an ordinance:
(a)β[An ordinance:
(1)]βRequiring the fire department to defray the expenses of furnishing such transportation by imposing and collecting fees; and
[(2)]β(b)βEstablishing a schedule of such fees . [; or
(b)βAn ordinance prohibiting the imposition and collection of any fees for such transportation.]
3.ββThe board of county commissioners of a county whose population is 400,000 or more shall, when adopting an ordinance pursuant to subsection 2:
(a)βLimit the number of transports of sick or injured persons to a medical facility that may be made by the fire department to not more than 1,000 such transports per year, except that the fire department may, exclusive of the limit, make any such emergency transport that is necessary for the health or life of a sick or injured person when other ambulance services are not available; and
Β
κ2009 Statutes of Nevada, Page 1237 (CHAPTER 289, AB 225)κ
Β
(b)βRequire the fire department and all other ambulance services operating in the county to report to the board:
(1)βThe total number of transports of sick or injured persons to a medical facility that are made each month; and
(2)βFor each transport reported pursuant to subparagraph (1):
(I)βThe fees charged to transport the person to a medical facility;
(II)βWhether the person had health insurance at the time of the transport; and
(III)βThe name of the medical facility where the fire department or ambulance service transported the person to or from.
4.ββThe other officers and employees of the county shall perform duties for the district that correspond to the duties they perform for the county.
[4.]β5.ββAll persons employed to perform the functions of the fire department are employees of the county for all purposes.
6.ββThe provisions of subsection 2 do not apply to any county for which a nonprofit corporation has been granted an exclusive franchise for ambulance service in that county.
Sec.β2.ββA board of county commissioners shall amend any ordinance previously adopted by that body which does not conform with the provisions of NRS 244.2961, as amended by section 1 of this act, by January 1, 2010. Any ordinance that does not comply with NRS 244.2961, as amended by section 1 of this act, by January 1, 2010, shall be deemed to conform with NRS 244.2961, as amended by section 1 of this act, by operation of law.
Sec.β3.ββThe board of county commissioners of a county whose population is 400,000 or more shall, each calendar quarter, submit a report to the Legislative Committee on Health Care and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session. The report must include, without limitation, the following information related to each fire department and ambulance service operating in the county:
1.ββThe total number of transports of sick or injured persons to a medical facility that were made by the fire department or ambulance service during that calendar quarter.
2.ββFor each person transported by the fire department or ambulance service during the calendar quarter:
(a)βThe fees charged to transport the person to a medical facility;
(b)βWhether the person had health insurance at the time of transport; and
(c)βThe name of the medical facility where the fire department or ambulance service transported the person to or from.
Sec.β4.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1238κ
Β
Assembly Bill No. 233Assemblymen Oceguera, Koivisto, Ohrenschall, Bobzien, Conklin; Aizley, Anderson, Arberry, Atkinson, Buckley, Carpenter, Claborn, Denis, Dondero Loop, Goicoechea, Hogan, Horne, Kihuen, Leslie, Manendo, McClain, Smith and Spiegel
Β
Joint Sponsors: Senators Cegavske and Parks
Β
CHAPTER 290
Β
AN ACT relating to scrap metal; enacting various requirements for transactions involving scrap metal and for persons involved in such transactions; providing that a person who removes, damages or destroys certain property to obtain scrap metal is guilty of a crime; increasing the penalty for stealing scrap metal under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Sections 2 and 3 of this bill define the terms scrap metal and scrap metal processor.
Section 4 of this bill requires purchasers of scrap metal to hold current business licenses from both the State and the appropriate city or county and to have authorization to operate from the appropriate solid waste management authority.
Section 5 of this bill requires scrap metal processors to maintain certain records of all purchases of scrap metal by the scrap metal processors.
Section 6 of this bill allows peace officers or investigators to place a hold on certain property in the possession of a scrap metal processor alleged to be related to criminal activity for a specified period during the investigation or prosecution.
Section 7 of this bill requires that payments for purchases of scrap metal with a value of $150 or more by a scrap metal processor must be made by certain means and that a receipt containing certain specified information must be provided to the seller of the scrap metal. Section 7 also allows only a single cash transaction of less than $150 each day between a scrap metal processor and a seller.
Section 7.5 of this bill provides that a person who violates any provision of section 5, 6 or 7 of this bill is guilty of a misdemeanor.
Section 9 of this bill excludes scrap metal from the definition of junk under chapter 647 of NRS. (NRS 647.015) Section 11 of this bill expands the crime of receiving property stolen from certain utilities and political subdivisions of the State, a category D felony, to include transactions involving scrap metal. (NRS 647.145)
Section 10 of this bill provides that chapter 647 of NRS does not prevent counties from licensing, taxing and regulating dealers in junk or scrap metal. (NRS 647.080)
Section 12 of this bill provides that a person who willfully or maliciously removes, damages or destroys utility property, agricultural infrastructure, construction sites or certain other property to obtain scrap metal is guilty of a misdemeanor if the value of the removal or damage of property is less than $500 or a felony if the removal or damage is greater than $500 or interrupts a service provided by utility property.
Existing law generally provides that a person commits petit larceny and is guilty of a misdemeanor if he steals property with a value of less than $250. (NRS 205.240) Existing law also generally provides that a person commits grand larceny if he steals property with a value of $250 or more. (NRS 205.220) A person who commits grand larceny is guilty of a category C felony if the value of the property is less than $2,500 and is guilty of a category B felony if the value of the property is $2,500 or more. (NRS 205.222)
Β
κ2009 Statutes of Nevada, Page 1239 (CHAPTER 290, AB 233)κ
Β
Section 13 of this bill: (1) provides that, if the value of the scrap metal stolen within a period of 90 days is less than $250, the person is guilty of a misdemeanor; (2) provides that, if the value of the scrap metal stolen within a period of 90 days is $250 or more, the person is guilty of a category C or B felony with varying terms of imprisonment and fines, depending upon the value of the scrap metal stolen within the 90-day period; (3) requires the court to order a person who steals scrap metal to pay restitution; and (4) provides that the cost of repairing or replacing property damaged by the theft of scrap metal must be included in the value of the property that was stolen.
Sections 17 and 19 of this bill amend existing law to apply certain provisions governing larceny to the new crime of larceny described in section 13 of this bill involving scrap metal. (NRS 205.251, 205.980)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.
Sec.β2.ββ1.ββScrap metal means:
(a)βNonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights; and
(b)βCatalytic converters.
2.ββThe term does not include waste generated by a household, aluminum beverage containers, used construction scrap iron or materials consisting of a metal product in its original manufactured form which contains not more than 20 percent by weight nonferrous metal.
Sec.β3.ββScrap metal processor means any person who:
1.ββEngages in the business of purchasing, trading, bartering or otherwise receiving scrap metal; or
2.ββUses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.
Sec.β4.ββA person shall not purchase scrap metal unless that person:
1.ββPossesses both a valid business license issued by the State pursuant to NRS 360.780 and a valid business license from the city or county, as applicable, in which the person purchases scrap metal; and
2.ββHas obtained all required authorizations to operate from, or is otherwise registered with, the solid waste management authority for the area in which the person purchases scrap metal.
Sec.β5.ββ1.ββEvery scrap metal processor shall maintain in his place of business a book or other permanent record in which must be made, at the time of each purchase of scrap metal, a record of the purchase that contains:
(a)βThe date of the purchase.
(b)βThe name or other identification of the person or employee conducting the transaction on behalf of the scrap metal processor.
Β
κ2009 Statutes of Nevada, Page 1240 (CHAPTER 290, AB 233)κ
Β
(c)βA copy of the sellers valid personal identification card or valid drivers license issued by a state or a copy of the sellers valid United States military identification card.
(d)βThe name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) and a physical description of the seller, including his gender, height, eye color and hair color.
(e)βA photograph, video record or digital record of the seller.
(f)βThe fingerprint of the right index finger of the seller. If the sellers right index finger is not available, the scrap metal processor must obtain the fingerprint of one of the sellers remaining fingers and thumbs.
(g)βThe license number and general description of the vehicle delivering the scrap metal that is being purchased.
(h)βA description of the scrap metal that is being purchased which is consistent with the standards published and commonly applied in the scrap metal industry.
(i)βThe price paid by the scrap metal processor for the scrap metal.
2.ββAll records kept pursuant to subsection 1 must be legibly written in the English language, if applicable.
3.ββA scrap metal processor shall document each purchase of scrap metal with a photograph or video recording which must be retained on-site for not less than 60 days after the date of the purchase.
4.ββAll scrap metal purchased by the scrap metal processor and the records created in accordance with subsection 1, including, but not limited to, any photographs or video recordings, must at all times during ordinary hours of business be open to the inspection of a prosecuting attorney or any peace officer.
Sec.β6.ββ1.ββA peace officer or investigator who is involved in the investigation or prosecution of criminal activity may place a written hold for not more than 7 business days on any property in the possession of a scrap metal processor that is related or allegedly related to the criminal activity. A hold pursuant to this section may be extended for an additional period of not more than 7 business days by a peace officer or investigator by providing written notice to the scrap metal processor.
2.ββWhile a hold is placed on property pursuant to this section, the scrap metal processor shall not remove or dispose of the property to any person other than the peace officer or investigator who placed the hold on the property. A peace officer or investigator who placed a hold on property may obtain custody of the property from the scrap metal processor if the peace officer or investigator:
(a)βHas obtained written authorization from the prosecuting attorney which includes, without limitation, a description of the property and an acknowledgment of the scrap metal processors interest in the property; and
(b)βProvides a copy of the written authorization to the scrap metal processor.
3.ββProperty received by a peace officer or investigator pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.
4.ββA peace officer or investigator who places a hold on property pursuant to this section shall notify the scrap metal processor in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.
Β
κ2009 Statutes of Nevada, Page 1241 (CHAPTER 290, AB 233)κ
Β
when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.
Sec.β7.ββ1.ββFor each purchase of scrap metal with a value of $150 or more by a scrap metal processor, the scrap metal processor must pay the seller only by check or electronic transfer of money. For payments made by check to a seller who represents a business, the check must be made payable to the business using the name of the business. A scrap metal processor shall not conduct more than one cash transaction of less than $150 with the same seller on the same day.
2.ββA scrap metal processor shall provide a receipt to the seller on-site at the time of the purchase of scrap metal by the scrap metal processor. The receipt must include, without limitation, the following information:
(a)βThe date, time and place of the purchase;
(b)βAn identifying description and weight of the scrap metal that is being purchased;
(c)βThe price paid by the scrap metal processor for the scrap metal;
(d)βA copy of the personal identification provided pursuant to paragraph (c) of subsection 1 of section 5 of this act; and
(e)βThe license number of the vehicle delivering the scrap metal that is being purchased.
Sec.β7.5.ββUnless a greater penalty is provided pursuant to specific statute, a person who violates any provision of section 5, 6 or 7 of this act is guilty of a misdemeanor.
Sec.β8.ββNRS 647.010 is hereby amended to read as follows:
647.010ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 647.011 to 647.018, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec.β9.ββNRS 647.015 is hereby amended to read as follows:
647.015ββJunk includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind [.] , but does not include scrap metal.
Sec.β10.ββNRS 647.080 is hereby amended to read as follows:
647.080ββThe provisions of this chapter do not impair the power of cities and counties in this State to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of junk [.] or scrap metal.
Sec.β11.ββNRS 647.145 is hereby amended to read as follows:
647.145ββ1.ββAny person, including, but not limited to, any junk dealer , scrap metal processor or secondhand dealer, or any agent, employee or representative of a junk dealer , scrap metal processor or secondhand dealer, who buys or receives any junk or scrap metal which he knows or should reasonably know is ordinarily used by and belongs to a cable, broadband, telecommunications, telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this State engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk or scrap metal has a legal right to do so, is guilty of criminally receiving such property.
Β
κ2009 Statutes of Nevada, Page 1242 (CHAPTER 290, AB 233)κ
Β
2.ββA person convicted of criminally receiving junk or scrap metal is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec.β12.ββChapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββA person who willfully and maliciously removes, damages or destroys any utility property, agricultural infrastructure or other agricultural property, lights maintained by the State or a local government, construction site or existing structure to obtain scrap metal shall be punished pursuant to the provisions of this section.
2.ββExcept as otherwise provided in subsection 3, if the value of the property removed, damaged or destroyed as described in subsection 1 is:
(a)βLess than $500, a person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(b)βFive hundred dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3.ββIf the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any utility property, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
4.ββIn addition to any other penalty, the court may order a person who violates the provisions of subsection 1 to pay restitution.
5.ββIn determining the value of the property removed, damaged or destroyed as described in subsection 1, the cost of replacing or repairing the property or repairing the utility property, agricultural infrastructure, agricultural property, lights, construction site or existing structure, if necessary, must be added to the value of the property.
6.ββAs used in this section:
(a)βScrap metal has the meaning ascribed to it in section 2 of this act.
(b)βUtility property means any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish cable television or other video service, broadband service, telecommunication service, telephone service, telegraph service, natural gas service, water service or electric service, regardless of whether the facility, property or equipment is currently used to furnish such service.
Sec.β13.ββChapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββA person who intentionally steals, takes and carries away scrap metal with a value of less than $250 within a period of 90 days is guilty of a misdemeanor.
2.ββA person who intentionally steals, takes and carries away scrap metal with a value of $250 or more within a period of 90 days is guilty of:
(a)βIf the value of the property taken is less than $2,500, a category C felony and shall be punished as provided in NRS 193.130; or
(b)βIf the value of the property taken is $2,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
Β
κ2009 Statutes of Nevada, Page 1243 (CHAPTER 290, AB 233)κ
Β
3.ββIn addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution.
4.ββIn determining the value of the property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal must be added to the value of the property.
5.ββAs used in this section, scrap metal has the meaning ascribed to it in section 2 of this act.
Sec.β14.ββNRS 205.2175 is hereby amended to read as follows:
205.2175ββAs used in NRS 205.2175 to 205.2707, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.218 to 205.2195, inclusive, have the meanings ascribed to them in those sections.
Sec.β15.ββNRS 205.2195 is hereby amended to read as follows:
205.2195ββProperty means:
1.ββPersonal goods, personal property and motor vehicles;
2.ββMoney, negotiable instruments and other items listed in NRS 205.260;
3.ββLivestock, domesticated animals and domesticated birds; and
4.ββAny other item of value, whether or not the item is listed in NRS 205.2175 to 205.2707, inclusive [.] , or section 13 of this act.
Sec.β16.ββNRS 205.240 is hereby amended to read as follows:
205.240ββ1.ββExcept as otherwise provided in NRS 205.220, 205.226, 205.228 and 475.105, a person commits petit larceny if the person:
(a)βIntentionally steals, takes and carries away, leads away or drives away:
(1)βPersonal goods or property, with a value of less than $250, owned by another person;
(2)βBedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or
(3)βReal property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.
(b)βIntentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.
2.ββ[A] Unless a greater penalty is provided pursuant to section 13 of this act, a person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
Sec.β17.ββNRS 205.251 is hereby amended to read as follows:
205.251ββFor the purposes of NRS 205.2175 to 205.2707, inclusive [:] , and section 13 of this act:
1.ββThe value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard.
2.ββThe value of property involved in larceny offenses committed by one or more persons pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the larceny offenses.
Sec.β18.ββNRS 205.940 is hereby amended to read as follows:
205.940ββ1.ββAny person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operators license, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.]
Β
κ2009 Statutes of Nevada, Page 1244 (CHAPTER 290, AB 233)κ
Β
or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operators license, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.] , and section 13 of this act. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.
2.ββAny person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessors permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon him by registered mail addressed to his address as shown in the written agreement, or in the absence of such address, to his last known place of residence, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.] , and section 13 of this act. The failure to return the personal property to the place specified in the agreement is prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessors permission. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that he failed to return the personal property to any place of business of the lessor within 20 days after such demand.
Sec.β19.ββNRS 205.980 is hereby amended to read as follows:
205.980ββ1.ββA person who is convicted of violating any provision of NRS 205.060 or 205.2175 to 205.2707, inclusive, or section 13 of this act is civilly liable for the value of any property stolen and not recovered in its original condition. The value of the property must be determined by its retail value or fair market value at the time the crime was committed, whichever is greater.
2.ββA person who is convicted of any other crime involving damage to property is civilly liable for the amount of damage done to the property.
3.ββThe prosecutor shall notify the victim concerning the disposition of the criminal charges against the defendant within 30 days after the disposition. The notice must be sent to the last known address of the victim.
4.ββAn order of restitution signed by the judge in whose court the conviction was entered shall be deemed a judgment against the defendant for the purpose of collecting damages.
5.ββNothing in this section prohibits a victim from recovering additional damages from the defendant.
Sec.β20.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1245κ
Β
Assembly Bill No. 238Assemblymen Horne, Anderson, Hambrick; Aizley, Bobzien, Buckley, Dondero Loop, Hogan, Kihuen, Manendo, Mortenson, Oceguera, Ohrenschall, Segerblom and Smith
Β
Joint Sponsors: Senators Parks; and Horsford
Β
CHAPTER 291
Β
AN ACT relating to crimes; increasing the penalty for soliciting a child for prostitution; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law provides that any person who engages in solicitation for prostitution is guilty of a misdemeanor. (NRS 201.354) This bill provides that a person who solicits a child for prostitution is guilty of a category E felony.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββ(Deleted by amendment.)
Sec.β1.5.ββNRS 201.354 is hereby amended to read as follows:
201.354ββ1.ββIt is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2.ββ[Any] Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3.ββA person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec.β2.ββ(Deleted by amendment.)
________
Β
κ2009 Statutes of Nevada, Page 1246κ
Β
Assembly Bill No. 243Assemblymen Mastroluca, Parnell, Denis, Smith; Anderson, Atkinson, Bobzien, Dondero Loop, Hardy, Kirkpatrick, Stewart and Woodbury
Β
Joint Sponsors: Senators Woodhouse; and Copening
Β
CHAPTER 292
Β
AN ACT relating to education; requiring certain employers to grant leave to a parent, guardian or custodian of a child enrolled in public school or private school to participate in certain school conferences, activities and events; prohibiting employers from taking certain retaliatory actions against an employee who takes the authorized leave; authorizing a parent, guardian or custodian who is retaliated against to file a claim or complaint with the Labor Commissioner; providing a penalty; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Section 1 of this bill requires employers who employ 50 or more employees to grant to a parent, guardian or custodian of a child enrolled in a public school 4 hours of leave from his place of employment, which must be taken in increments of 1 hour, per school year per child to attend school-related activities or events or to volunteer at the school in which his child is enrolled. Section 1 also requires the leave to be taken at a mutually agreed upon time and the employer is not required to pay the employee for the leave. The provisions of section 1 do not apply if the employee is afforded the same leave under the same conditions pursuant to a collective bargaining agreement.
Existing law makes it unlawful for any employer or his agent to terminate the employment of a person who is a parent, guardian or custodian of a child enrolled in public school because the person attended a conference requested by a school administrator or was notified of an emergency involving the child at school. (NRS 392.920) Section 2 of this bill revises the prohibited acts by an employer or his agent to include demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child. Section 2 also prohibits the termination, demotion, suspension or other discrimination of a parent, guardian or custodian of a child who takes leave authorized by section 1 of this bill and authorizes a parent, guardian or custodian of a child who is terminated, demoted, suspended or otherwise discriminated against to file a claim or complaint with the Labor Commissioner.
Section 4 of this bill imposes the same requirements on employers for the parents, guardians and custodians of children enrolled in a private school. The provisions of section 4 do not apply if an employee is afforded the same leave under the same conditions pursuant to a collective bargaining agreement. Section 5 of this bill prohibits an employer or his agent from terminating, demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child enrolled in a private school for attending a conference requested by a school administrator, being notified of an emergency involving the child at school or taking leave authorized by section 4. Section 5 also authorizes a parent, guardian or custodian to file a claim or complaint with the Labor Commissioner.
Β
κ2009 Statutes of Nevada, Page 1247 (CHAPTER 292, AB 243)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββExcept as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a public school leave from his place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:
(a)βAttend parent-teacher conferences;
(b)βAttend school-related activities during regular school hours;
(c)βVolunteer or otherwise be involved at the school in which his child is enrolled during regular school hours; and
(d)βAttend school-sponsored events.
Κ The leave must be at a time mutually agreed upon by the employer and the employee.
2.ββAn employer may require:
(a)βAn employee to provide a written request for the leave at least 5 school days before the leave is taken; and
(b)βAn employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activity for one of the purposes set forth in subsection 1.
3.ββAn employer is not required to pay an employee for any leave taken pursuant to this section.
4.ββA parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in public school.
5.ββThe provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:
(a)βAt least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and
(b)βSubstantially similar protections and remedies for violations by the employer as those that are set forth in NRS 392.920.
6.ββAs used in this section, employer means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.
Sec.β2.ββNRS 392.920 is hereby amended to read as follows:
392.920ββ1.ββIt is unlawful for an employer or his agent to:
(a)βTerminate the employment of , or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:
(1)βAppears at a conference requested by an administrator of the school attended by the child; [or]
(2)βIs notified during his work by a school employee of an emergency regarding the child; or
(3)βTakes leave pursuant to section 1 of this act if the employer is subject to the requirements of that section; or
Β
κ2009 Statutes of Nevada, Page 1248 (CHAPTER 292, AB 243)κ
Β
(b)βAssert to the person that his appearance or prospective appearance at such a conference , [or] the receipt of such a notification during his work or leave taken pursuant to section 1 of this act will result in the termination of his employment [.] or a demotion, suspension or other discrimination in the terms and conditions of his employment.
2.ββAny person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3.ββA person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.
4.ββIf the Labor Commissioner [commence a civil action against his employer and obtain:] issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties provided in chapters 607 and 608 of NRS:
(a)βWages and benefits lost as a result of the violation;
(b)βAn order of reinstatement without loss of position, seniority or benefits; and
(c)βDamages equal to the amount of the lost wages and benefits . [; and
(d)βReasonable attorneys fees fixed by the court.]
Sec.β3.ββChapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec.β4.ββ1.ββExcept as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a private school leave from his place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:
(a)βAttend parent-teacher conferences;
(b)βAttend school-related activities during regular school hours;
(c)βVolunteer or otherwise be involved at the school in which his child is enrolled during regular school hours; and
(d)βAttend school-sponsored events.
Κ The leave must be at a time mutually agreed upon by the employer and the employee.
2.ββAn employer may require:
(a)βAn employee to provide a written request for the leave at least 5 school days before leave is taken; and
(b)βAn employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the private school or school-related activity for one of the purposes set forth in subsection 1.
3.ββAn employer is not required to pay an employee for any leave taken pursuant to this section.
4.ββA parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in private school.
5.ββThe provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:
Β
κ2009 Statutes of Nevada, Page 1249 (CHAPTER 292, AB 243)κ
Β
(a)βAt least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and
(b)βSubstantially similar protections and remedies for violations by the employer as those that are set forth in section 5 of this act.
6.ββAs used in this section, employer means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.
Sec.β5.ββ1.ββIt is unlawful for an employer or his agent to:
(a)βTerminate the employment of, or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:
(1)βAppears at a conference requested by an administrator of the private school attended by the child;
(2)βIs notified during his work by a school employee of an emergency regarding the child; or
(3)βTakes leave pursuant to section 4 of this act if the employer is subject to the requirements of that section; or
(b)βAssert to the person that his appearance or prospective appearance at such a conference, the receipt of such a notification during his work or leave taken pursuant to section 4 of this act will result in the termination of his employment or a demotion, suspension or other discrimination in the terms and conditions of his employment.
2.ββAny person who violates the provisions of subsection 1 is guilty of a misdemeanor.
3.ββA person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and an opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.
4.ββIf the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties set forth in chapters 607 and 608 of NRS:
(a)βWages and benefits lost as a result of the violation;
(b)βAn order of reinstatement without loss of position, seniority or benefits; and
(c)βDamages equal to the amount of the lost wages and benefits.
Sec.β6.ββNRS 394.201 is hereby amended to read as follows:
394.201ββNRS 394.201 to 394.351, inclusive, and sections 4 and 5 of this act may be cited as the Private Elementary and Secondary Education Authorization Act.
Sec.β7.ββThis act becomes effective on August 15, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1250κ
Β
Assembly Bill No. 251Assemblymen Manendo; Anderson, Carpenter, Dondero Loop, Horne, Kihuen, Mortenson, Munford, Ohrenschall, Segerblom and Spiegel
Β
CHAPTER 293
Β
AN ACT relating to common-interest communities; revising the procedures for voting for a member of the executive board of an association under certain circumstances; requiring that the regulations governing the issuance of certificates for community managers must contain certain provisions relating to persons who formerly engaged in community management; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law provides that the executive board of a unit-owners association may nominate a person to serve on the executive board and that qualified members of the association may also have their names placed on the ballot along with the nominees for election to the executive board. Existing law also provides that the election of any member of the executive board of a unit-owners association must be conducted by secret written ballot, unless the declaration of the association provides that voting rights may be exercised by delegates or representatives. (NRS 116.31034) Section 1 of this bill provides that, before notice is provided to each units owner of his eligibility to serve on the executive board, the executive board may determine that if the number of candidates nominated for membership on the executive board is less than or equal to the number of open positions on the executive board, the appropriate officer of the association will send a notice to each units owner informing each units owner that a units owner who is qualified to be a member of the executive board may nominate himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice. If the executive board decides to send such a notice and, at the closing of the period for nominations, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association must conduct an election for membership on the executive board. If, after any additional nominations, the number of candidates nominated for membership on the executive board continues to be less than or equal to the number of open positions on the executive board, then such nominees shall be deemed to be duly elected members of the executive board.
Existing law requires the Commission on Common-Interest Communities and Condominium Hotels to adopt regulations governing the issuance of certificates for community managers. (NRS 116A.410) Section 2 of this bill provides that those regulations must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision by another community manager, regardless of the length of time that has passed since the person last acted as a community manager.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 116.31034 is hereby amended to read as follows:
116.31034ββ1.ββExcept as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, at least a majority of whom must be units owners.
Β
κ2009 Statutes of Nevada, Page 1251 (CHAPTER 293, AB 251)κ
Β
the units owners shall elect an executive board of at least three members, at least a majority of whom must be units owners. Unless the governing documents provide otherwise, the remaining members of the executive board do not have to be units owners. The executive board shall elect the officers of the association. The members of the executive board and the officers of the association shall take office upon election.
2.ββThe term of office of a member of the executive board may not exceed 2 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.
3.ββThe governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:
(a)βMembers of the executive board who are appointed by the declarant; and
(b)βMembers of the executive board who serve a term of 1 year or less.
4.ββNot less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of his eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
5.ββBefore the secretary or other officer specified in the bylaws of the association causes notice to be given to each units owner of his eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then the secretary or other officer specified in the bylaws of the association will cause notice to be given to each units owner informing each units owner that:
(a)βThe association will not prepare or mail any ballots to units owners pursuant to this section and the nominated candidates shall be deemed to be duly elected to the executive board unless:
(1)βA units owner who is qualified to serve on the executive board nominates himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection; and
(2)βThe number of units owners who submit such a nomination causes the number of candidates nominated for membership on the executive board to be greater than the number of members to be elected to the executive board.
(b)βEach units owner who is qualified to serve as a member of the executive board may nominate himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection.
Β
κ2009 Statutes of Nevada, Page 1252 (CHAPTER 293, AB 251)κ
Β
6.ββIf the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board, then:
(a)βThe association will not prepare or mail any ballots to units owners pursuant to this section;
(b)βThe nominated candidates shall be deemed to be duly elected to the executive board not later than 30 days after the date of the closing of the period for nominations described in subsection 5; and
(c)βThe association shall send to each units owner notification that the candidates nominated have been elected to the executive board.
7.ββIf the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:
(a)βPrepare and mail ballots to the units owners pursuant to this section; and
(b)βConduct an election for membership on the executive board pursuant to this section.
8.ββEach person [whose name is placed on the ballot] who is nominated as a candidate for a member of the executive board pursuant to subsection 4 or 5 must:
(a)βMake a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and
(b)βDisclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in good standing if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.
Κ The candidate must make all disclosures required pursuant to this subsection in writing to the association with his candidacy information. The association shall distribute the disclosures to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection 6, in the [manner established in the bylaws] next regular mailing of the association.
[6.]β9.ββUnless a person is appointed by the declarant:
(a)βA person may not be a member of the executive board or an officer of the association if the person, his spouse or his parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.
(b)βA person may not be a member of the executive board of a master association or an officer of that master association if the person, his spouse or his parent or child, by blood, marriage or adoption, performs the duties of a community manager for:
(1)βThat master association; or
(2)βAny association that is subject to the governing documents of that master association.
Β
κ2009 Statutes of Nevada, Page 1253 (CHAPTER 293, AB 251)κ
Β
[7.]β10.ββAn officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, he shall file proof in the records of the association that:
(a)βHe is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and
(b)βIdentifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.
[8.]β11.ββ[The] Except as otherwise provided in subsection 6, the election of any member of the executive board must be conducted by secret written ballot unless the declaration of the association provides that voting rights may be exercised by delegates or representatives as set forth in NRS 116.31105. If the election of any member of the executive board is conducted by secret written ballot:
(a)βThe secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner.
(b)βEach units owner must be provided with at least 15 days after the date the secret written ballot is mailed to the units owner to return the secret written ballot to the association.
(c)βA quorum is not required for the election of any member of the executive board.
(d)βOnly the secret written ballots that are returned to the association may be counted to determine the outcome of the election.
(e)βThe secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.
(f)βThe incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for a member of the executive board may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.
[9.]β12.ββEach member of the executive board shall, within 90 days after his appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that he has read and understands the governing documents of the association and the provisions of this chapter to the best of his ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158.
Β
κ2009 Statutes of Nevada, Page 1254 (CHAPTER 293, AB 251)κ
Β
Sec.β2.ββNRS 116A.410 is hereby amended to read as follows:
116A.410ββ1.ββThe Commission shall by regulation provide for the issuance by the Division of certificates. The regulations:
(a)βMust establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate.
(b)βMay require applicants to pass an examination in order to obtain a certificate. If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.
(c)βMust establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision under another community manager, regardless of the length of time that has passed since the person last acted as a community manager.
(d)βMay require an investigation of an applicants background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.
[(d)]β(e)βMust establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate.
[(e)]β(f)βMust establish rules of practice and procedure for conducting disciplinary hearings.
2.ββThe Division may collect a fee for the issuance of a certificate in an amount not to exceed the administrative costs of issuing the certificate.
Sec.β3.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1255κ
Β
Assembly Bill No. 263Assemblywoman Leslie
Β
CHAPTER 294
Β
AN ACT relating to public health; authorizing the Aging Services Division of the Department of Health and Human Services to establish a program of all-inclusive care for the elderly; authorizing the Division to adopt regulations to carry out the program; authorizing the Division to establish a schedule of fees for services provided under the program; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law requires the Aging Services Division of the Department of Health and Human Services to establish and administer a program to provide the community-based services necessary to enable a frail elderly person to remain in his home and avoid placement in a facility for long-term care. (NRS 427A.250) Section 1 of this bill authorizes the Division to establish a community-based and in-home program of all-inclusive care for the elderly, commonly referred to as a PACE program, in accordance with the provisions of federal law authorizing such programs. (42 U.S.C. § 1396u-4; 42 C.F.R. Part 460) If the Division establishes a PACE program, the program may be established in any county in this State. Section 1 authorizes the Division to adopt regulations necessary to establish and administer the program. Section 1 also requires the Director of the Department, if the Division wishes to establish a PACE program, to submit to the Secretary of Health and Human Services any amendment to the State Plan for Medicaid necessary to enable the Division to establish the PACE program and to revise the program from time to time.
Section 2 of this bill authorizes the Division to contract with public or private entities to carry out the PACE program. (NRS 427A.260) Section 3 of this bill authorizes the Division to apply for and accept any money available to establish and administer the program. Section 3 further authorizes the Division to establish a schedule of fees to be charged for the provision of services under the program. (NRS 427A.270)
Section 4 of this bill clarifies that the PACE program established pursuant to section 1 of this bill is in addition to any test program or demonstration program established by the Division concerning the various ways in which community-based services and all-inclusive care can be provided to frail elderly persons. (NRS 427A.280)
Section 7 of this bill requires the Division to submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or the Legislative Committee on Health Care semiannual reports on the progress of the Division in establishing a PACE program.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIn addition to any program established pursuant to NRS 427A.250, the Division may establish and administer a program of all-inclusive care for the elderly, commonly known as a PACE program. The program may be carried out solely by the Division or in cooperation with another state agency, the Federal Government or any local government.
2.ββA program established pursuant to subsection 1:
Β
κ2009 Statutes of Nevada, Page 1256 (CHAPTER 294, AB 263)κ
Β
(a)βMust comply with the provisions of 42 U.S.C. § 1396u-4, 42 C.F.R. Part 460 and any other federal regulations governing programs of all-inclusive care for the elderly; and
(b)βMay be established in any county in this State.
3.ββThe Division may adopt regulations necessary to establish and administer the program.
4.ββIf the Division wishes to establish a program pursuant to subsection 1, the Director shall submit to the Secretary of Health and Human Services any amendment to the State Plan for Medicaid necessary to enable the Division to establish the program and to revise the program from time to time.
Sec.β2.ββNRS 427A.260 is hereby amended to read as follows:
427A.260ββ1.ββThe Division may use personnel of the Division or it may contract with any appropriate public or private agency, organization or institution to provide a program of all-inclusive care for the elderly and to provide the community-based services necessary to enable a frail elderly person to remain in his home.
2.ββAny such contract must:
(a)βInclude a description of the type of service to be provided;
(b)β[Specify] For:
(1)βA program of all-inclusive care for the elderly, specify the capitation rate to be paid for all-inclusive care for the elderly and the method of payment; and
(2)βAny other community-based services, specify the price to be paid for each service and the method of payment; and
(c)βSpecify the criteria to be used to evaluate the provision of the service.
Sec.β3.ββNRS 427A.270 is hereby amended to read as follows:
427A.270ββ1.ββThe Division may apply for, accept and expend any federal or private grant of money or other type of assistance that becomes available to carry out the provisions of NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act. Any money received pursuant to this section must be deposited with the State Treasurer and accounted for separately in the State General Fund.
2.ββThe Division shall, with the approval of the Commission and Director, establish a schedule of fees to be charged and collected for any service provided pursuant to NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act.
Sec.β4.ββNRS 427A.280 is hereby amended to read as follows:
427A.280ββ[The] In addition to the program established pursuant to section 1 of this act, the Division may initiate projects to test and demonstrate various ways of providing the community-based services and all-inclusive care necessary to enable a frail elderly person to remain in his home.
Sec.β5.ββNRS 427A.310 is hereby amended to read as follows:
427A.310ββ1.ββExcept as otherwise provided in subsection 2, the Ombudsman for Aging Persons shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:
(a)βCoordination of resources and services available to aging persons within their respective communities, including the services provided through [the] a program established pursuant to NRS 427A.250 [;] or section 1 of this act;
Β
κ2009 Statutes of Nevada, Page 1257 (CHAPTER 294, AB 263)κ
Β
(b)βDissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Ombudsman and the existence of groups of aging persons with similar interests and concerns;
(c)βPublication of a guide for use in each county of this State regarding the resources and services available for aging persons in the respective county; and
(d)βAdvocation of issues relating to aging persons.
2.ββUpon request by the Administrator, the Ombudsman for Aging Persons shall temporarily perform the duties of advocates for residents of facilities for long-term care specified in NRS 427A.125 to 427A.165, inclusive.
Sec.β6.ββNRS 123.259 is hereby amended to read as follows:
123.259ββ1.ββExcept as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a husband and wife pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.
2.ββThe court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.
3.ββUnless modified pursuant to subsection 4 or 5, the court may divide the income and resources:
(a)βEqually between the spouses; or
(b)βBy protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).
4.ββIf either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.
5.ββIf either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.
6.ββA copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services when any application for medical assistance is made by or on behalf of an institutionalized spouse. [He] The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.
Β
κ2009 Statutes of Nevada, Page 1258 (CHAPTER 294, AB 263)κ
Β
7.ββA person may enter into a written agreement with his spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act.
8.ββAn agreement entered into or decree entered pursuant to this section may not be binding on the Division of Welfare and Supportive Services of the Department of Health and Human Services in making determinations under the State Plan for Medicaid.
9.ββAs used in this section, community spouse and institutionalized spouse have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h).
Sec.β7.ββThe Aging Services Division of the Department of Health and Human Services shall, on or before March 1 and October 1 of each year, submit a report on the progress of the Division in establishing a PACE program pursuant to section 1 of this act to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, the Legislative Committee on Health Care.
________
Β
Senate Bill No. 162Senators Woodhouse, Coffin, Wiener, Horsford; Breeden, Copening, Parks and Schneider
Β
CHAPTER 295
Β
AN ACT relating to elections; revising the date of the primary election to the second Tuesday in June of each even-numbered year; revising the provisions governing the registration of voters by mail; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Section 6 of this bill changes the date of the primary election from the twelfth Tuesday before the general election of each even-numbered year to the second Tuesday in June of each even-numbered year. (NRS 293.175) To provide an example, if the provisions of this bill had been in effect in 2008, the primary election would have been held on June 10, 2008, instead of August 12, 2008.
As a result of changing the date of the primary election, sections 1-5, 7-12 and 14-17 of this bill amend various other dates relating to elections such as the date for filing declarations of candidacy.
Section 16 of this bill changes the date on which a voters registration or correction of registration information is deemed to be effective to the earlier of the date on which the application is postmarked or received by the county clerk. (NRS 293.5235)
Β
κ2009 Statutes of Nevada, Page 1259 (CHAPTER 295, SB 162)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 293.128 is hereby amended to read as follows:
293.128ββ1.ββTo qualify as a major political party, any organization must, under a common name:
(a)βOn January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this State; or
(b)βFile a petition with the Secretary of State not later than the last Friday in [April] February before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
2.ββIf a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by the circulator thereof to the effect that the signers are registered voters of this State according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in [April] February preceding a primary election.
3.ββIn addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:
(a)βName of the political party;
(b)βNames and addresses of its officers;
(c)βNames of the members of its executive committee; and
(d)βName of the person who is authorized by the party to act as registered agent in this State.
4.ββA political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.
Sec.β2.ββNRS 293.165 is hereby amended to read as follows:
293.165ββ1.ββExcept as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 4 and 5.
2.ββA vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in [June] April must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in [May] March and not later than the fourth Tuesday in [June.] April. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question.
Β
κ2009 Statutes of Nevada, Page 1260 (CHAPTER 295, SB 162)κ
Β
the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:
(a)βMust file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and
(b)βMay be elected only at a general election, and his name must not appear on the ballot for a primary election.
3.ββA vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in [June] April and on or before 5 p.m. on the first Tuesday after the primary election must be filled by the person who receives the next highest vote for the nomination in the primary.
4.ββNo change may be made on the ballot for the general election after 5 p.m. on the first Tuesday after the primary election . [of the year in which the general election is held.] If a nominee dies after that time and date, his name must remain on the ballot for the general election and, if elected, a vacancy exists.
5.ββAll designations provided for in this section must be filed on or before 5 p.m. on the first Tuesday after the primary election. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.
Sec.β3.ββNRS 293.1715 is hereby amended to read as follows:
293.1715ββ1.ββThe names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.
2.ββThe names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
(a)βAt the last preceding general election, the minor political party polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
(b)βOn January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or
(c)βNot later than the second Friday in [August] June preceding the general election, files a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.
3.ββThe name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:
(a)βA certificate of existence;
(b)βA list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State; and
Β
κ2009 Statutes of Nevada, Page 1261 (CHAPTER 295, SB 162)κ
Β
(c)βNot earlier than the first Monday in [May] March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in [May,] March, a petition on behalf of the candidate with the Secretary of State containing not less than:
(1)βTwo hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or
(2)βOne hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.
Κ A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.
4.ββThe name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
5.ββA minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the Secretary of State before the petition may be circulated for signatures.
Sec.β4.ββNRS 293.1725 is hereby amended to read as follows:
293.1725ββ1.ββExcept as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:
(a)βIs entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715;
(b)βFiles or will file a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715; or
(c)βWhose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,
Κ must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in [May] March preceding the election nor later than 5 p.m. on the second Friday after the first Monday in [May.] March. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The Secretary of State shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in [May.] March.
2.ββThe Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his declaration of candidacy.
3.ββEach candidate on the list must file his declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of his minor political party is filed with the Secretary of State nor later than 5 p.m. on the second Friday after the first Monday in [May.] March.
4.ββA minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
Β
κ2009 Statutes of Nevada, Page 1262 (CHAPTER 295, SB 162)κ
Β
with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.
Sec.β5.ββNRS 293.174 is hereby amended to read as follows:
293.174ββ1.ββIf the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the third Friday in [August.] June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the third Friday in [August.] June. A challenge pursuant to this subsection must be filed with the First Judicial District Court if the petition was filed with the Secretary of State.
2.ββIf the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in [May.] March. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in [May.] March. A challenge pursuant to this subsection must be filed with:
(a)βThe First Judicial District Court; or
(b)βIf a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.
Sec.β6.ββNRS 293.175 is hereby amended to read as follows:
293.175ββ1.ββThe primary election must be held on the [12th Tuesday before the general election] second Tuesday in June of each even-numbered year.
2.ββCandidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.
3.ββCandidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.
4.ββIndependent candidates for partisan office must be nominated in the manner provided in NRS 293.200.
5.ββThe provisions of NRS 293.175 to 293.203, inclusive, do not apply to:
(a)βSpecial elections to fill vacancies.
(b)βThe nomination of the officers of incorporated cities.
(c)βThe nomination of district officers whose nomination is otherwise provided for by statute.
Sec.β7.ββNRS 293.177 is hereby amended to read as follows:
293.177ββ1.ββExcept as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than:
(a)βFor a candidate for judicial office, the first Monday in January of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in January; and
(b)βFor all other candidates, the first Monday in [May] March of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in [May.] March.
2.ββA declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:
Β
κ2009 Statutes of Nevada, Page 1263 (CHAPTER 295, SB 162)κ
Β
(a)βFor partisan office:
Β
Declaration of Candidacy of ........ for the
Office of ................
Β
State of Nevada
Β
County of ............................
Β
For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of , I, the undersigned .., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ., in the City or Town of ., County of ., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.
Β
.....................................................................
(Designation of name)
Β
.....................................................................
(Signature of candidate for office)
Β
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
Β
...........................................................................
Notary Public or other person
authorized to administer an oath
Β
κ2009 Statutes of Nevada, Page 1264 (CHAPTER 295, SB 162)κ
Β
(b)βFor nonpartisan office:
Β
Declaration of Candidacy of ........ for the
Office of ................
Β
State of Nevada
Β
County of ............................
Β
For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at , in the City or Town of ., County of , State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.
Β
.....................................................................
(Designation of name)
Β
.....................................................................
(Signature of candidate for office)
Β
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
Β
...........................................................................
Notary Public or other person
authorized to administer an oath
Β
3.ββThe address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if:
Β
κ2009 Statutes of Nevada, Page 1265 (CHAPTER 295, SB 162)κ
Β
(a)βThe candidates address is listed as a post office box unless a street address has not been assigned to his residence; or
(b)βThe candidate does not present to the filing officer:
(1)βA valid drivers license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidates residential address; or
(2)βA current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidates name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.
4.ββThe filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to paragraph (b) of subsection 3. Such a copy:
(a)βMay not be withheld from the public; and
(b)βMust not contain the social security number or drivers license or identification card number of the candidate.
5.ββBy filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.
6.ββIf the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer:
(a)βMay conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and
(b)βShall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.
7.ββThe receipt of information by the Attorney General or district attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidates name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.
Sec.β8.ββNRS 293.180 is hereby amended to read as follows:
293.180ββ1.ββTen or more registered voters may file a certificate of candidacy designating any registered voter as a candidate for:
Β
κ2009 Statutes of Nevada, Page 1266 (CHAPTER 295, SB 162)κ
Β
(a)βTheir major political partys nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office other than a judicial office, not earlier than the first Monday in [April] February of the year in which the election is to be held nor later than 5 p.m. on the first Friday in [May;] March; or
(b)βNomination for a judicial office, not earlier than the first Monday in December of the year immediately preceding the year in which the election is to be held nor later than 5 p.m. on the first Friday in January of the year in which the election is to be held.
2.ββWhen the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
3.ββIf a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.
Sec.β9.ββNRS 293.200 is hereby amended to read as follows:
293.200ββ1.ββAn independent candidate for partisan office must file with the appropriate filing officer:
(a)βA copy of the petition of candidacy that he intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4.
(b)βEither of the following:
(1)βA petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:
(I)βThis State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;
(II)βThe county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or
(III)βThe district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.
(2)βA petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.
2.ββThe petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
Β
κ2009 Statutes of Nevada, Page 1267 (CHAPTER 295, SB 162)κ
Β
genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.
3.ββThe petition of candidacy may state the principle, if any, which the person qualified represents.
4.ββPetitions of candidacy must be filed not earlier than the first Monday in [May] March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in [May.] March.
5.ββNo petition of candidacy may contain the name of more than one candidate for each office to be filled.
6.ββA person may not file as an independent candidate if he is proposing to run as the candidate of a political party.
7.ββThe names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.
8.ββIf the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in [May.] March. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in [May.] March.
9.ββAny challenge pursuant to subsection 8 must be filed with:
(a)βThe First Judicial District Court if the petition of candidacy was filed with the Secretary of State.
(b)βThe district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.
10.ββAn independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in [May] March of the year in which the election is held nor later than 5 p.m. on the second Friday after the first Monday in [May.] March.
Sec.β10.ββNRS 293.205 is hereby amended to read as follows:
293.205ββ1.ββExcept as otherwise provided in NRS 293.208, on or before the third Wednesday in [May] March of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require.
2.ββThe boundaries of each election precinct must follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city.
3.ββElection precincts must be composed only of contiguous territory.
4.ββAs used in this section, visible ground feature includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.
Sec.β11.ββNRS 293.206 is hereby amended to read as follows:
293.206ββ1.ββOn or before the last day in [May] March of every even-numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county.
2.ββIf the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.
Β
κ2009 Statutes of Nevada, Page 1268 (CHAPTER 295, SB 162)κ
Β
compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.
3.ββIf the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to 293.213, inclusive. If the Secretary of State revises the map pursuant to this subsection, he shall submit a copy or electronic file of the revised map to the Director of the Legislative Counsel Bureau and the appropriate county clerk.
4.ββAs used in this section, electronic file includes, without limitation, an electronic data file of a geographic information system.
Sec.β12.ββNRS 293.208 is hereby amended to read as follows:
293.208ββ1.ββExcept as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in [May] March of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:
(a)βOrdered by a court of competent jurisdiction;
(b)βRequired to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments thereto;
(c)βRequired to comply with subsection 2 of NRS 293.205;
(d)βRequired by the incorporation of a new city; or
(e)βRequired by the creation of or change in the boundaries of a special district.
Κ As used in this subsection, special district means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.
2.ββIf a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.
3.ββA new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.
4.ββIf a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:
(a)βWithin 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct; and
(b)βMaintain in his office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.
5.ββCities of population categories two and three are exempt from the provisions of subsection 1.
Β
κ2009 Statutes of Nevada, Page 1269 (CHAPTER 295, SB 162)κ
Β
6.ββAs used in this section, electronic file includes, without limitation, an electronic data file of a geographic information system.
Sec.β13.ββ(Deleted by amendment.)
Sec.β14.ββNRS 293.368 is hereby amended to read as follows:
293.368ββ1.ββWhenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in [June,] April, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.
2.ββIf the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, he shall be deemed nominated and [there shall be a] the vacancy in the nomination [that] must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.
3.ββWhenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the first Tuesday after the primary election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.
4.ββIf the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.
Sec.β15.ββNRS 293.481 is hereby amended to read as follows:
293.481ββ1.ββExcept as otherwise provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
(a)βAt a general election, shall provide to each county clerk within the designated territory on or before the third Monday in July preceding the election:
(1)βA copy of the question, including an explanation of the question;
(2)βExcept as otherwise provided in NRS 295.121 or 295.217, arguments for and against the question; and
(3)βA description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
(b)βAt a primary election, shall provide to each county clerk within the designated territory on or before the second Friday after the first Monday in [May] March preceding the election:
(1)βA copy of the question, including an explanation of the question;
(2)βArguments for and against the question; and
(3)βA description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
Β
κ2009 Statutes of Nevada, Page 1270 (CHAPTER 295, SB 162)κ
Β
(c)βAt any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:
(1)βA copy of the question, including an explanation of the question;
(2)βArguments for and against the question; and
(3)βA description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
(d)βAt any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide to the city clerk at least 60 days before the election:
(1)βA copy of the question, including an explanation of the question;
(2)βArguments for and against the question; and
(3)βA description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.
2.ββA question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.
3.ββA question that is submitted pursuant to subsection 1 may be withdrawn if the governing body provides notification to each of the county or city clerks within the designated territory of its decision to withdraw the particular question on or before the same dates specified for submission pursuant to paragraph (a), (b), (c) or (d) of subsection 1, as appropriate.
4.ββA county or city clerk:
(a)βShall assign a unique identification number to a question submitted pursuant to this section; and
(b)βMay charge any political subdivision, public or quasi-public corporation, or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation, arguments and description of the anticipated financial effect on the ballot.
Sec.β16.ββNRS 293.5235 is hereby amended to read as follows:
293.5235ββ1.ββExcept as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters register.
2.ββAn application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person.
Β
κ2009 Statutes of Nevada, Page 1271 (CHAPTER 295, SB 162)κ
Β
mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.
3.ββThe applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 10 and signing the application.
4.ββThe county clerk shall, upon receipt of an application, determine whether the application is complete.
5.ββIf he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:
(a)βA notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b)βA notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
6.ββExcept as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail to the applicant:
(a)βA notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or
(b)βA notice informing him that the registrar of voters register has been corrected to reflect any changes indicated on the application.
Κ If the applicant does not provide the additional information within the prescribed period, the application is void.
7.ββThe applicant shall be deemed to be registered or to have corrected the information in the register [:
(a)βIf the application is received by the county clerk or postmarked not more than 3 working days after the applicant completed the application, on the date the applicant completed the application; or
(b)βIf the application is received by the county clerk or postmarked more than 3 working days after the applicant completed the application, on the date the application is received by the county clerk.] on the date the application is postmarked or received by the county clerk, whichever is earlier.
8.ββIf the applicant fails to check the box described in paragraph (b) of subsection 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at his assigned polling place.
9.ββThe Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this State.
10.ββThe application to register to vote by mail must include:
(a)βA notice in at least 10-point type which states:
Β
κ2009 Statutes of Nevada, Page 1272 (CHAPTER 295, SB 162)κ
Β
NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.
Β
(b)βThe question, Are you a citizen of the United States? and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.
(c)βThe question, Will you be at least 18 years of age on or before election day? and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.
(d)βA statement instructing the applicant not to complete the application if the applicant checked no in response to the question set forth in paragraph (b) or (c).
(e)βA statement informing the applicant that if the application is submitted by mail and the applicant is registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.
11.ββExcept as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.
12.ββThe county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the persons current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.
13.ββA person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.
14.ββAn application to register to vote must be made available to all persons, regardless of political party affiliation.
15.ββAn application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.
16.ββA person who willfully violates any of the provisions of subsection 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
17.ββThe Secretary of State shall adopt regulations to carry out the provisions of this section.
Sec.β17.ββNRS 293B.354 is hereby amended to read as follows:
293B.354ββ1.ββThe county clerk shall, not later than [June] April 15 of each year in which a general election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of ballots at a polling place, receiving center or central counting place.
Β
κ2009 Statutes of Nevada, Page 1273 (CHAPTER 295, SB 162)κ
Β
2.ββThe city clerk shall, not later than January 1 of each year in which a general city election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.
3.ββEach plan must include:
(a)βThe location of the central counting place and of each polling place and receiving center;
(b)βA procedure for the establishment of areas within each polling place and receiving center and the central counting place from which members of the general public may observe the activities set forth in subsections 1 and 2;
(c)βThe requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2; and
(d)βAny other provisions relating to the accommodation of members of the general public who observe the activities set forth in subsections 1 and 2 which the county or city clerk considers appropriate.
________
Β
Assembly Bill No. 274Assemblymen Aizley, Conklin, Ohrenschall, Koivisto; Atkinson, Bobzien, Goicoechea, Kirkpatrick, Manendo, Mastroluca and Segerblom
Β
CHAPTER 296
Β
AN ACT relating to retail installment sales; defining certain terms and revising certain definitions relating to retail installment sales; requiring that certain disclosures be made to a retail buyer; requiring that certain provisions relating to default be included in credit applications or contracts for the sale of vehicles; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law contains various provisions governing retail installment sales, including sales of motor vehicles. (Chapter 97 of NRS) This bill incorporates into Nevada law certain provisions of the federal Truth in Lending Act of 1968. (15 U.S.C. §§1601, et seq.)
Sections 1, 3 and 4 of this bill: (1) add a new definition of the term credit; (2) revise the existing definition of the term retail installment transaction to include an installment sale which does not provide for a finance charge; and (3) revise the definition of the terms retail seller or seller to include a person, other than a financial institution, who engages in a transaction which may be payable in more than four installments. (NRS 97.115, 97.125)
Existing law requires a retail installment contract to be delivered or mailed to the buyer before the date of the first installment. (NRS 97.175) Section 5 of this bill requires the seller to make certain disclosures in accordance with the federal Act before any credit is extended. Section 6 of this bill requires forms for the application of credit and contracts to be used in the sale of vehicles to contain a provision, patterned after §5.109 of the Uniform Consumer Credit Code, relating to default on the part of the buyer. (NRS 97.299)
Β
κ2009 Statutes of Nevada, Page 1274 (CHAPTER 296, AB 274)κ
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 97 of NRS is hereby amended by adding thereto a new section to read as follows:
Credit means the right granted by a seller to a buyer to defer payment of debt or to incur debt and defer its payment.
Sec.β2.ββNRS 97.015 is hereby amended to read as follows:
97.015ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97.017 to 97.145, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec.β3.ββNRS 97.115 is hereby amended to read as follows:
97.115ββRetail installment transaction means a transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement which [provides] may provide for a finance charge and under which the buyer agrees to pay the total of payments in one or more installments.
Sec.β4.ββNRS 97.125 is hereby amended to read as follows:
97.125ββ1.ββRetail seller or seller means:
[1.]β(a)βA person engaged in the business of selling or leasing goods or services to retail buyers or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person; [or]
[2.]β(b)βA person, other than a financial institution, who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyers consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum [.] ; or
(c)βA person, other than a financial institution, who regularly extends, whether in connection with sales or leases of goods or services, credit which is payable by agreement in more than four installments or for which the payment of a finance charge may be required.
2.ββAs used in this section, financial institution means:
(a)βA bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state, or any affiliate or subsidiary thereof; or
(b)βA person licensed pursuant to chapter 675 of NRS.
Sec.β5.ββNRS 97.175 is hereby amended to read as follows:
97.175ββ[The retail seller shall deliver to the retail buyer, or mail to him at his address shown on the retail installment contract, a copy of the contract as accepted by the seller, prior to the due date of the first installment.]
1.ββBefore any credit is extended, the retail seller shall provide to the retail buyer any disclosures required to be made by a creditor pursuant to 15 U.S.C. § 1638.
2.ββUntil the seller [does so] provides the required disclosures pursuant to subsection 1, the buyer [shall be] is obligated to pay only the cash sales price.
3.ββAny acknowledgment by the buyer of delivery of a copy of the contract [shall] must be in a size equal to at least 10-point bold type and, if contained in the contract, [shall] must appear directly above the buyers signature.
Β
κ2009 Statutes of Nevada, Page 1275 (CHAPTER 296, AB 274)κ
Β
Sec.β6.ββNRS 97.299 is hereby amended to read as follows:
97.299ββ1.ββThe Commissioner of Financial Institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if:
(a)βThe sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;
(b)βThe application for credit is made to or through the seller of the vehicle;
(c)βThe seller is a dealer; and
(d)βThe sale is not a commercial transaction.
2.ββThe forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:
(a)βIdentify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.
(b)βIn specifying the amount of the buyers down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturers rebate applied to the down payment.
(c)βContain a description of any property given in trade as part of the down payment.
(d)βContain a description of the method for calculating the unearned portion of the finance charge upon prepayment in full of the unpaid total of payments as prescribed in NRS 97.225.
(e)βContain a provision that default on the part of the buyer is only enforceable to the extent that:
(1)βThe buyer fails to make a payment as required by the agreement; or
(2)βThe prospect of payment, performance or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the seller.
(f)βInclude the following notice in at least 10-point bold type:
Β
NOTICE TO BUYER
Β
Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.
Β
3.ββThe Commissioner shall arrange for or otherwise cause the translation into Spanish of the forms prescribed pursuant to subsection 1.
4.ββIf a change in state or federal law requires the Commissioner to amend the forms prescribed pursuant to subsection 1, the Commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.
Β
κ2009 Statutes of Nevada, Page 1276 (CHAPTER 296, AB 274)κ
Β
5.ββAs used in this section:
(a)βCommercial transaction means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.
(b)βDealer has the meaning ascribed to it in NRS 482.020.
Sec.β7.ββ1.ββThis section and sections 1 to 5, inclusive, of this act become effective upon passage and approval.
2.ββSection 6 of this act becomes effective on October 1, 2009.
________
Β
Assembly Bill No. 281Assemblyman Conklin
Β
CHAPTER 297
Β
AN ACT relating to industrial insurance; revising provisions relating to the duty of an insurer to accept or deny a claim for compensation; revising provisions relating to the selection of a physician or chiropractor by an injured employee; revising provisions relating to the denial of compensation due to discharge from employment for misconduct; revising provisions relating to the closure of a claim; creating an expedited appeals process for certain claims by police officers, firefighters and emergency medical attendants; repealing provisions requiring the reduction of compensation by the amount of federal disability insurance benefits received by an injured employee; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Under existing law, an insurer is required to accept or deny a claim for compensation within 30 days after the insurer has been notified of an industrial accident. (NRS 616C.065) Section 2 of this bill provides that if an insurer is ordered by the Administrator of the Division of Industrial Relations of the Department of Business and Industry, a hearing or appeals officer, a district court or the Supreme Court of Nevada to make a new determination relating to a claim for compensation, such a determination must be made within 30 days after the order.
Existing law provides that an injured employee may choose an alternative treating physician or chiropractor after making his initial choice if the alternative choice is made within 90 days after the injury. (NRS 616C.090) Section 3 of this bill clarifies existing law by providing that an injured employee may make the alternative choice without the insurers approval if the alternative choice is made within 90 days after the injury. Section 3 also provides that an injured employee may make a change in the treating physician or chiropractor at any time, subject to the insurers approval. Section 3 further requires an insurer to provide to an injured employee whose request for a change in the treating physician or chiropractor has been denied the specific reason for the denial.
Section 4 of this bill provides that the affidavit or declaration of a qualified laboratory director, chemist or any other person meeting certain qualifications may be used to prove the existence of alcohol or controlled substances in an employees system in denying, reducing or suspending the payment of compensation for an injury. (NRS 616C.230)
Β
κ2009 Statutes of Nevada, Page 1277 (CHAPTER 297, AB 281)κ
Β
Section 5 of this bill revises existing provisions governing the denial of compensation to injured employees who have been discharged for misconduct by providing that only compensation for temporary total disability may be denied. (NRS 616C.232)
Section 6 of this bill revises existing law by requiring an insurer to notify an injured employee whose claim will be closed whether an evaluation for a permanent partial disability has been scheduled or, if such an evaluation has not been scheduled, that the reason is because the insurer determined there is no possibility of a permanent impairment of any kind. (NRS 616C.235)
Sections 7 and 8 of this bill authorize certain contested claims relating to certain occupational diseases of police officers, firefighters and emergency medical attendants to be submitted directly to an appeals officer, thereby bypassing the hearing officer to whom the contested claim would need to be submitted under existing law. (NRS 616C.315) Section 8 also requires that the appeals officer set a hearing date within 60 days after receiving a notice of any such contested claim. (NRS 616C.345) Section 9 of this bill requires that the appeals officer render a decision for any such contested claim within 15 days after certain specified events. (NRS 616C.360)
Section 11 of this bill repeals the provisions requiring a reduction in the compensation received by an employee for temporary disability, permanent partial disability or permanent total disability by the amount of federal disability insurance benefits received by the employee. (NRS 616C.430)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 616C.050 is hereby amended to read as follows:
616C.050ββ1.ββAn insurer shall provide to each claimant:
(a)βUpon written request, one copy of any medical information concerning his injury or illness.
(b)βA statement which contains information concerning the claimants right to:
(1)βReceive the information and forms necessary to file a claim;
(2)βSelect a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;
(3)βRequest the appointment of the Nevada Attorney for Injured Workers to represent him before the appeals officer;
(4)βFile a complaint with the Administrator;
(5)βWhen applicable, receive compensation for:
(I)βPermanent total disability;
(II)βTemporary total disability;
(III)βPermanent partial disability;
(IV)βTemporary partial disability;
(V)βAll medical costs related to his injury or disease; or
(VI)βThe hours he is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;
(6)βReceive services for rehabilitation if his injury prevents him from returning to gainful employment;
(7)βReview by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and
(8)βJudicial review of any final decision within the time specified by statute.
Β
κ2009 Statutes of Nevada, Page 1278 (CHAPTER 297, AB 281)κ
Β
2.ββThe insurers statement must include a copy of the form designed by the Administrator pursuant to subsection [7] 8 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
Sec.β2.ββNRS 616C.065 is hereby amended to read as follows:
616C.065ββ1.ββExcept as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:
(a)βAccept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or
(b)βDeny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied.
2.ββIf an insurer is ordered by the Administrator, a hearing officer, an appeals officer, a district court or the Supreme Court of Nevada to make a new determination, including, without limitation, a new determination regarding the acceptance or denial of a claim for compensation, the insurer shall make the new determination within 30 days after the date on which the insurer has been ordered to do so.
3.ββPayments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.
[3.]β4.ββExcept as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to him with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136.
[4.]β5.ββThe insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 or 2 by:
(a)βMailing its written determination to the claimant or the person acting on behalf of the claimant; and
(b)βIf the claim has been denied, in whole or in part, obtaining a certificate of mailing.
[5.]β6.ββThe failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection [4] 5 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section.
[6.]β7.ββUpon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant.
[7.]β8.ββFor the purposes of this section, the insurer shall mail the written determination to:
(a)βThe mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or
Β
κ2009 Statutes of Nevada, Page 1279 (CHAPTER 297, AB 281)κ
Β
(b)βAnother mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address.
[8.]β9.ββAs used in this section, certificate of mailing means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.
Sec.β3.ββNRS 616C.090 is hereby amended to read as follows:
616C.090ββ1.ββThe Administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.
2.ββAn injured employee whose employers insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list.
3.ββAn injured employee whose employers insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care services named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
Β
κ2009 Statutes of Nevada, Page 1280 (CHAPTER 297, AB 281)κ
Β
agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care services pursuant to NRS 616B.527, as appropriate. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care services may select a physician or chiropractor with that specialization.
4.ββIf the injured employee is not satisfied with the physician or chiropractor selected by himself or by the insurer, the organization for managed care or the provider of health care services pursuant to subsection 3, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract. A change in the treating physician or chiropractor may be made at any time but is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractor under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request.
5.ββExcept when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employees injury attributable to improper treatments by such physician, chiropractor or other person.
[5.]β6.ββThe Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.
[6.]β7.ββAn injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.
[7.]β8.ββThe Administrator shall design a form that notifies injured employees of their right pursuant to subsections 2 , [and] 3 and 4 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.
Sec.β4.ββNRS 616C.230 is hereby amended to read as follows:
616C.230ββ1.ββCompensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:
Β
κ2009 Statutes of Nevada, Page 1281 (CHAPTER 297, AB 281)κ
Β
(a)βCaused by the employees willful intention to injure himself.
(b)βCaused by the employees willful intention to injure another.
(c)βProximately caused by the employees intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d)βProximately caused by the employees use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name or that he was not using in accordance with the provisions of chapter 453A of NRS, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2.ββFor the purposes of paragraphs (c) and (d) of subsection 1:
(a)βThe affidavit or declaration of an expert or other person described in NRS 50.310, 50.315 or 50.320 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employees system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b)βWhen an examination requested or ordered includes testing for the use of alcohol or a controlled substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.
3.ββNo compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
4.ββIf any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
5.ββAn injured employees compensation, other than accident benefits, must be suspended if:
(a)βA physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b)βIt is within the ability of the employee to correct the nonindustrial condition or injury.
Κ The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
Sec.β5.ββNRS 616C.232 is hereby amended to read as follows:
616C.232ββ1.ββIf an injured employee is discharged from his employment as a result of misconduct, an insurer may deny compensation for temporary total disability to the injured employee because of that discharge for misconduct only if the insurer proves by a preponderance of the evidence that:
(a)βThe injured employee was discharged from his employment solely for his misconduct and not for any reason relating to his claim for compensation; and
Β
κ2009 Statutes of Nevada, Page 1282 (CHAPTER 297, AB 281)κ
Β
(b)βIt is the injured employees discharge from his employment for misconduct, and not his injury, that is the sole cause for the injured employees inability to return to work with the preinjury employer.
2.ββAn insurer waives its rights under subsection 1 if the insurer does not make a determination to deny or suspend compensation to the injured employee within 70 days after the date on which the insurer learns that the injured employee has been discharged for misconduct.
3.ββAn insurer may not deny any compensation pursuant to this section except for compensation for temporary total disability pursuant to subsection 1.
Sec.β6.ββNRS 616C.235 is hereby amended to read as follows:
616C.235ββ1.ββExcept as otherwise provided in subsections 2, 3 and 4:
(a)βWhen the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.
(b)βIf the insurer does not receive a request for the resolution of the dispute, it may close the claim.
(c)βNotwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.
2.ββIf, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $300, the insurer may close the claim at any time after he sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:
(a)βThe claim is being closed pursuant to this subsection;
(b)βThe injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and
(c)βIf the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.
3.ββIn addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $300 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:
Β
κ2009 Statutes of Nevada, Page 1283 (CHAPTER 297, AB 281)κ
Β
(a)βSent by first-class mail addressed to the last known address of the claimant; and
(b)βA document that is separate from any other document or form that is used by the insurer.
4.ββThe closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.
5.ββIn addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:
(a)βIf an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or
(b)βIf an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.
Sec.β7.ββNRS 616C.315 is hereby amended to read as follows:
616C.315ββ1.ββAny person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officers authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.
2.ββA hearing must not be scheduled until the following information is provided to the hearing officer:
(a)βThe name of:
(1)βThe claimant;
(2)βThe employer; and
(3)βThe insurer or third-party administrator;
(b)βThe number of the claim; and
(c)βIf applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.
3.ββExcept as otherwise provided in NRS 616B.772, 616B.775, 616B.787, 616C.305 and 616C.427, a person who is aggrieved by:
(a)βA written determination of an insurer; or
(b)βThe failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,
Κ may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurers determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.
4.ββThe period specified in subsection 3 within which a request for a hearing must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that he was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his spouse, parent or child.
5.ββFailure to file a request for a hearing within the period specified in subsection 3 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing.
Β
κ2009 Statutes of Nevada, Page 1284 (CHAPTER 297, AB 281)κ
Β
determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.
6.ββThe hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.
7.ββThe parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.
8.ββA claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party.
Sec.β8.ββNRS 616C.345 is hereby amended to read as follows:
616C.345ββ1.ββAny party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections [8 and 9,] 9 and 10, filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2.ββA claimant aggrieved by a written determination of the denial of a claim, in whole or in part, by an insurer, or the failure of an insurer to respond in writing within 30 days to a written request of the claimant mailed to the insurer, concerning a claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 may file a notice of a contested claim with an appeals officer. The notice must include the information required pursuant to subsection 3 and, except as otherwise provided in subsections 9 and 11, must be filed within 70 days after the date on which the notice of the insurers determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond in writing to a written request for a determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. The insurer shall provide, without cost, the forms necessary to file a notice of a contested claim to any person who requests them.
3.ββA hearing must not be scheduled until the following information is provided to the appeals officer:
(a)βThe name of:
(1)βThe claimant;
(2)βThe employer; and
(3)βThe insurer or third-party administrator;
(b)βThe number of the claim; and
(c)βIf applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.
[3.]β4.ββIf a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a)βA final determination was rendered pursuant to that procedure; or
(b)βThe dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
Κ any party to the dispute may, except as otherwise provided in subsections [8 and 9,] 9 and 10, file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
Β
κ2009 Statutes of Nevada, Page 1285 (CHAPTER 297, AB 281)κ
Β
written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
[4.]β5.ββExcept as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
[5.]β6.ββExcept as otherwise provided in subsections [2 and 6,] 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall:
(a)βSchedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
(b)βGive notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.
[6.ββA]
7.ββExcept as otherwise provided in subsection 12, a request to schedule the hearing for a date and time which is:
(a)βWithin 60 days after the receipt of the notice of appeal or contested claim; or
(b)βMore than 90 days after the receipt of the notice or claim,
Κ may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
[7.ββAn]
8.ββAn appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
[8.]β9.ββThe period specified in subsection 1 , 2 or [3] 4 within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that he was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his spouse, parent or child.
[9.]β10.ββFailure to file a notice of appeal within the period specified in subsection 1 or [3] 4 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
11.ββFailure to file a notice of a contested claim within the period specified in subsection 2 may be excused if the claimant shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to file the notice.
Β
κ2009 Statutes of Nevada, Page 1286 (CHAPTER 297, AB 281)κ
Β
determination and the forms necessary to file the notice. The claimant or employer shall notify the insurer of a change of address.
12.ββWithin 10 days after receiving a notice of a contested claim pursuant to subsection 2, the appeals officer shall:
(a)βSchedule a hearing on the merits of the contested claim for a date and time within 60 days after his receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
(b)βGive notice by mail or by personal service to all parties to the matter and their attorneys or agents within 10 days after scheduling the hearing.
Κ The scheduled date must allow sufficient time for full disclosure, exchange and examination of medical and other relevant information. A party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction.
Sec.β9.ββNRS 616C.360 is hereby amended to read as follows:
616C.360ββ1.ββA stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.
2.ββThe appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3.ββIf there is a medical question or dispute concerning an injured employees condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:
(a)βOrder an independent medical examination and refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
(b)βIf the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.
4.ββIf an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.
Β
κ2009 Statutes of Nevada, Page 1287 (CHAPTER 297, AB 281)κ
Β
5.ββThe appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
6.ββAny party to the appeal or contested case or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
7.ββ[The] Except as otherwise provided in subsection 8, the appeals officer shall render his decision:
(a)βIf a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b)βIf a transcript has not been ordered, within 30 days after the date of the hearing.
8.ββThe appeals officer shall render his decision on a contested claim submitted pursuant to subsection 2 of NRS 616C.345 within 15 days after:
(a)βThe date of the hearing; or
(b)βIf the appeals officer orders an independent medical examination, the date the appeals officer receives the report of the examination,
Κ unless both parties to the contested claim agree to a later date.
9.ββThe appeals officer may affirm, modify or reverse any decision made by [the] a hearing officer and issue any necessary and proper order to give effect to his decision.
Sec.β10.ββNRS 616C.475 is hereby amended to read as follows:
616C.475ββ1.ββExcept as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2.ββExcept as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.
3.ββIf a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
4.ββAny increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
5.ββPayments for a temporary total disability must cease when:
(a)βA physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employees education, training and experience;
(b)βThe employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or
Β
κ2009 Statutes of Nevada, Page 1288 (CHAPTER 297, AB 281)κ
Β
(c)βExcept as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
6.ββEach insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.
7.ββA certification of disability issued by a physician or chiropractor must:
(a)βInclude the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(b)βSpecify whether the limitations or restrictions are permanent or temporary; and
(c)βBe signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 or 4 of NRS 616C.090.
8.ββIf the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that:
(a)βIs substantially similar to the employees position at the time of his injury in relation to the location of the employment and the hours he is required to work;
(b)βProvides a gross wage that is:
(1)βIf the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or
(2)βIf the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury; and
(c)βHas the same employment benefits as the position of the employee at the time of his injury.
Sec.β11.ββNRS 616C.430 is hereby repealed.
Sec.β12.ββ1.ββThis section and sections 1 to 6, inclusive, 10 and 11 of this act become effective on July 1, 2009.
2.ββSections 7, 8 and 9 of this act become effective on October 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1289κ
Β
Assembly Bill No. 294Assemblymen Kirkpatrick; Anderson, Arberry, Atkinson, Christensen, Claborn, Conklin, Gansert, Kihuen, Mortenson, Munford, Parnell, Pierce, Segerblom, Smith, Spiegel and Stewart
Β
CHAPTER 298
Β
AN ACT relating to group homes; directing the Legislative Commission to conduct an interim study concerning group homes; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Under existing law, the concept of requiring certain minimum distances between group homes was enacted initially in 1999, and the minimum distance was at that time set at 660 feet. (Chapter 619, Statutes of Nevada 1999, pp. 3365-66) In 2001, the minimum distance between group homes was altered to be a range of 660 feet to 1,500 feet. (Chapter 395, Statutes of Nevada 2001, pp. 1907-09) Most recently, the range of minimum distances between group homes was raised to be a range of 1,500 feet to 2,500 feet. (Chapter 297, Statutes of Nevada 2007, pp. 1131-33) However, at all relevant times, the applicable section specifying the distances between group homes (NRS 278.021, replaced in revision by NRS 278.02386) has stated that there is no presumption that the location of more than one group home within the specified distance or range is inappropriate under all circumstances.
On July 9, 2008, the United States District Court for the District of Nevada struck down the entirety of Nevadas group home statute (NRS 278.0238-278.02388), finding that it was facially discriminatory and therefore preempted by the Fair Housing Amendments Act, 42 U.S.C. §§ 3601-31. (Nevada Fair Hous. Ctr., Inc. v. Clark County, 565 F. Supp. 2d 1178, 1183 (D. Nev. 2008))
This bill directs the Legislative Commission to conduct an interim study concerning group homes. In relevant part, the committee appointed by the Legislative Commission to conduct the interim study must examine potential methods by which the siting of group homes may be monitored and regulated in a manner that is consistent with federal law.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββ1.ββThe Legislative Commission shall appoint a committee to conduct an interim study concerning group homes.
2.ββThe committee appointed by the Legislative Commission pursuant to subsection 1 must be composed of six Legislators as follows:
(a)βThree members appointed by the Majority Leader of the Senate, at least one of whom must be appointed from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the Legislature; and
(b)βThree members appointed by the Speaker of the Assembly, at least one of whom must be appointed from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the Legislature.
Β
κ2009 Statutes of Nevada, Page 1290 (CHAPTER 298, AB 294)κ
Β
3.ββThe study must include, without limitation:
(a)βConsideration of the applicable provisions of federal law.
(b)βA survey of different mechanisms by which the siting of group homes may be regulated for the benefit of both the residents of the group homes and the residents of the surrounding community.
(c)βConsideration of the concept of whether the definition of a group home may be broadened in such a manner that the term does not discriminate against persons with disabilities, either facially or in effect.
(d)βAn examination of methods by which other jurisdictions have regulated group homes in a manner that is consistent with federal law.
(e)βConsideration of whether the licensing and regulation of group homes may be carried out most effectively at the local level.
(f)βInsofar as is reasonably practicable, input from all parties having an interest in the licensing, regulation and siting of group homes, including, without limitation:
(1)βPersons or entities, or both, who advocate on behalf of persons with disabilities or residents of group homes.
(2)βOwners and operators of group homes.
(3)βResidents of group homes.
(4)βResidents of neighborhoods in which group homes are or may be located.
(5)βOfficers and representatives of state and local governmental agencies involved in the licensing, regulation or siting of group homes, or any combination of those activities.
(6)βOfficers and representatives of the United States Department of Housing and Urban Development.
(g)βAn examination of any other matter that the committee determines to be relevant to the study.
4.ββThe Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.
5.ββAs used in this section, group home means a residential establishment as defined in NRS 278.02384.
Sec.β2.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1291κ
Β
Assembly Bill No. 296Committee on Transportation
Β
CHAPTER 299
Β
AN ACT relating to motor carriers; revising the conditions for nonprofit carriers of elderly persons or persons with disabilities in certain larger counties (currently Clark County) to qualify for an exemption from the requirement to obtain a certificate of public convenience and necessity; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Section 1 of this bill revises the exemption from the requirement to obtain a certificate of public convenience and necessity for nonprofit carriers of elderly persons or persons with disabilities based upon the size of the county in which the carrier operates. (NRS 706.745)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 706.745 is hereby amended to read as follows:
706.745ββ1.ββThe provisions of NRS 706.386 and 706.421 do not apply to:
(a)βAmbulances;
(b)βHearses; or
(c)βCommon motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.
2.ββA common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:
(a)βRegular routes and fixed schedules;
(b)βNonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;
(c)βNonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or
(d)βIn a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.
3.ββUnder any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:
(a)βThe public entity shall provide for any required safety inspections; or
(b)βIf the public entity is unable to do so, the Authority shall provide for any required safety inspections.
4.ββIn addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:
Β
κ2009 Statutes of Nevada, Page 1292 (CHAPTER 299, AB 296)κ
Β
(a)βParagraph (a) of subsection 2, the public entity shall establish the routes and fares.
(b)βParagraph (c) or (d) of subsection 2, the common motor carrier:
(1)βMay provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.
(2)βShall not offer medical assistance as part of its transportation service.
5.ββ[A] In a county whose population:
(a)βIs less than 400,000, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.
(b)βIs 400,000 or more, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but:
(1)βOnly if the nonprofit carrier:
(I)βDoes not charge for transportation services;
(II)βProvides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705; or
(III)βEnters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission; and
(2)βSuch a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.
6.ββAn incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.
7.ββBefore an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:
(a)βThere are no other common motor carriers of passengers who are authorized to provide such services in that area; or
(b)βAlthough there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.
Sec.β2.ββThis act becomes effective on January 1, 2010.
________
Β
κ2009 Statutes of Nevada, Page 1293κ
Β
Assembly Bill No. 325Assemblymen Stewart, Gansert; Cobb, Goedhart, Grady, Gustavson, Hambrick, Hardy, Kirkpatrick, McArthur, Munford, Settelmeyer and Woodbury
Β
CHAPTER 300
Β
AN ACT relating to sex offenders; prohibiting persons who are convicted of certain sexual offenses from having contact with a victim or witness; revising provisions relating to the confidentiality of records and reports that reveal identity in cases involving certain offenses; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law provides that if a person is convicted of certain sexual offenses and the court grants probation or suspends the sentence of the defendant, or if such a person is released on parole, that person must not have any contact with the victim or a witness who testified against him unless approved by a parole and probation officer. (NRS 176A.410, 213.1245) Sections 1 and 2.5 of this bill provide that such a person may not have any such contact unless approved in writing by the Chief Parole and Probation Officer or his designee. Section 2 of this bill similarly prohibits a sex offender under lifetime supervision from having any contact with a victim or a witness who testified against him unless approved in writing by the Chief. (NRS 213.1243)
Sections 1.1-1.5 of this bill expand the prohibition on the public disclosure of the identity of a victim of a sexual assault to include a victim of statutory sexual seduction or sexual conduct involving a pupil or student.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 176A.410 is hereby amended to read as follows:
176A.410ββ1.ββExcept as otherwise provided in subsection 6, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:
(a)βSubmit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime.
(b)βReside at a location only if:
(1)βThe residence has been approved by the parole and probation officer assigned to the defendant.
(2)βIf the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
(3)βThe defendant keeps the parole and probation officer assigned to the defendant informed of his current address.
Β
κ2009 Statutes of Nevada, Page 1294 (CHAPTER 300, AB 325)κ
Β
(c)βAccept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer.
(d)βAbide by any curfew imposed by the parole and probation officer assigned to the defendant.
(e)βParticipate in and complete a program of professional counseling approved by the Division.
(f)βSubmit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance.
(g)βSubmit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant.
(h)βAbstain from consuming, possessing or having under his control any alcohol.
(i)βNot have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the [parole and probation officer assigned to the defendant,] Chief Parole and Probation Officer or his designee and a written agreement is entered into and signed in the manner set forth in subsection 5.
(j)βNot use aliases or fictitious names.
(k)βNot obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant.
(l)βNot have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact.
(m)βUnless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a defendant who is a Tier III offender.
(n)βComply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.
(o)βNot possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant.
(p)βNot patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant.
(q)βNot possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant.
(r)βInform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education.
Β
κ2009 Statutes of Nevada, Page 1295 (CHAPTER 300, AB 325)κ
Β
of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, institution of higher education has the meaning ascribed to it in NRS 179D.045.
2.ββExcept as otherwise provided in subsection 6, if a defendant is convicted of an offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the defendant is a Tier III offender and the court grants probation or suspends the sentence of the defendant, the court shall, in addition to any other condition ordered pursuant to subsection 1, order as a condition of probation or suspension of sentence that the defendant:
(a)βReside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(b)βAs deemed appropriate by the Chief Parole and Probation Officer, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.
(c)βPay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.
3.ββA defendant placed under the system of active electronic monitoring pursuant to subsection 2 shall:
(a)βFollow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b)βReport any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c)βAbide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.
4.ββExcept as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a defendant pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
5.ββA written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:
(a)βThe victim or the witness;
(b)βThe defendant;
(c)βThe parole and probation officer assigned to the defendant;
(d)βThe psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; [and]
(e)βIf the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child [.] ; and
Β
κ2009 Statutes of Nevada, Page 1296 (CHAPTER 300, AB 325)κ
Β
(f)βThe Chief Parole and Probation Officer or his designee.
6.ββThe court is not required to impose a condition of probation or suspension of sentence listed in subsections 1 and 2 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.
7.ββAs used in this section, sexual offense has the meaning ascribed to it in NRS 179D.097.
Sec.β1.1.ββNRS 200.364 is hereby amended to read as follows:
200.364ββAs used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:
1.ββOffense involving a pupil means any of the following offenses:
(a)βSexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(b)βSexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
2.ββPerpetrator means a person who commits a sexual [assault.] offense or an offense involving a pupil.
[2.]β3.ββSexual offense means any of the following offenses:
(a)βSexual assault pursuant to NRS 200.366.
(b)βStatutory sexual seduction pursuant to NRS 200.368.
4.ββSexual penetration means cunnilingus, fellatio, or any intrusion, however slight, of any part of a persons body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.
[3.] 5.ββStatutory sexual seduction means:
(a)βOrdinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or
(b)βAny other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.
[4.] 6.ββVictim means a person who is [subjected to] a victim of a sexual [assault.] offense or an offense involving a pupil.
Sec.β1.2.ββNRS 200.377 is hereby amended to read as follows:
200.377ββThe Legislature finds and declares that:
1.ββThis State has a compelling interest in assuring that the victim of a sexual [assault:] offense or an offense involving a pupil:
(a)βReports the [assault] sexual offense or offense involving a pupil to the appropriate authorities;
(b)βCooperates in the investigation and prosecution of the [assault;] sexual offense or offense involving a pupil; and
(c)βTestifies at the criminal trial of the person charged with committing the [assault.] sexual offense or offense involving a pupil.
2.ββThe fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual [assault.] offenses or offenses involving a pupil. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual [assaults.] offenses or offenses involving a pupil.
3.ββA victim of a sexual [assault] offense or an offense involving a pupil may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual [assault] offense or an offense involving a pupil is, in many ways, a unique, distinctive and intrusive personal trauma.
Β
κ2009 Statutes of Nevada, Page 1297 (CHAPTER 300, AB 325)κ
Β
involving a pupil is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.
4.ββRecent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual [assault.] offenses or offenses involving a pupil.
5.ββThe public has no overriding need to know the individual identity of the victim of a sexual [assault.] offense or an offense involving a pupil.
6.ββThe purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual [assault] offenses and offenses involving a pupil from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.
Sec.β1.3.ββNRS 200.3771 is hereby amended to read as follows:
200.3771ββ1.ββExcept as otherwise provided in this section, any information which is contained in:
(a)βCourt records, including testimony from witnesses;
(b)βIntelligence or investigative data, reports of crime or incidents of criminal activity or other information;
(c)βRecords of criminal history, as that term is defined in NRS 179A.070; and
(d)βRecords in the Central Repository for Nevada Records of Criminal History,
Κ that reveals the identity of a victim of a sexual [assault] offense or an offense involving a pupil is confidential, including but not limited to the victims photograph, likeness, name, address or telephone number.
2.ββA defendant charged with a sexual [assault] offense or an offense involving a pupil and his attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and his attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.
3.ββA court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:
(a)βThe person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;
(b)βThe disclosure will not place the victim at risk of personal harm; and
(c)βReasonable notice of the application and an opportunity to be heard have been given to the victim.
4.ββNothing in this section prohibits:
(a)βAny publication or broadcast by the media concerning a sexual [assault.] offense or an offense involving a pupil.
(b)βThe disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:
(1)βThe organization or agency needs identifying information of victims to offer such services; and
(2)βThe court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.
Β
κ2009 Statutes of Nevada, Page 1298 (CHAPTER 300, AB 325)κ
Β
5.ββThe willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.
Sec.β1.4.ββNRS 200.3772 is hereby amended to read as follows:
200.3772ββ1.ββA victim of a sexual [assault] offense or an offense involving a pupil may choose a pseudonym to be used instead of the victims name on all files, records and documents pertaining to the sexual [assault,] offense or offense involving a pupil, including, without limitation, criminal intelligence and investigative reports, court records and media releases.
2.ββA victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense [.] or offense involving a pupil. The form must be provided by the law enforcement agency.
3.ββIf the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:
(a)βSubstitute the pseudonym for the name of the victim on all reports, files and records in the agencys possession; and
(b)βNotify the prosecuting attorney of the pseudonym.
Κ The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.
4.ββUpon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual [assault.] offense or offense involving a pupil.
5.ββThe information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or his attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or his attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.
6.ββA court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual [assault] offense or offense involving a pupil or the identity of the victim is at issue.
7.ββA law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:
(a)βDisclosing any information contained on the form filed by a victim [of sexual assault] pursuant to this section that reveals the identity of the victim; or
(b)βFailing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agencys possession.
Sec.β1.5.ββNRS 200.3773 is hereby amended to read as follows:
200.3773ββ1.ββA public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual [assault] offense or an offense involving a pupil shall not intentionally or knowingly disclose the identifying information to any person other than:
Β
κ2009 Statutes of Nevada, Page 1299 (CHAPTER 300, AB 325)κ
Β
(a)βThe defendant or his attorney;
(b)βA person who is directly involved in the investigation, prosecution or defense of the case;
(c)βA person specifically named in a court order issued pursuant to NRS 200.3771; or
(d)βA nonprofit organization or public agency approved to receive the information pursuant to NRS 200.3771.
2.ββA person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec.β1.6.βββNRS 200.3774 is hereby amended to read as follows:
200.3774ββThe provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual [assault] offense or offense involving a pupil voluntarily waives, in writing, the confidentiality of the information concerning the victims identity.
Sec.β2.ββNRS 213.1243 is hereby amended to read as follows:
213.1243ββ1.ββThe Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.
2.ββLifetime supervision shall be deemed a form of parole for:
(a)βThe limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and
(b)βThe purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.
3.ββExcept as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:
(a)βThe residence has been approved by the parole and probation officer assigned to the person.
(b)βIf the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
(c)βThe person keeps the parole and probation officer informed of his current address.
4.ββExcept as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.
5.ββExcept as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:
Β
κ2009 Statutes of Nevada, Page 1300 (CHAPTER 300, AB 325)κ
Β
the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:
(a)βReside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
(b)βAs deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.
(c)βPay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.
6.ββA sex offender placed under the system of active electronic monitoring pursuant to subsection 4 shall:
(a)βFollow the instructions provided by the Division to maintain the electronic monitoring device in working order.
(b)βReport any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.
(c)βAbide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.
7.ββExcept as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.
8.ββExcept as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
9.ββThe Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
10.ββThe Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his designee and a written agreement is entered into and signed.
11.ββIf a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.
Β
κ2009 Statutes of Nevada, Page 1301 (CHAPTER 300, AB 325)κ
Β
[11.]β12.ββFor the purposes of prosecution of a violation by a sex offender of a condition imposed upon him pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.
Sec.β2.5.ββNRS 213.1245 is hereby amended to read as follows:
213.1245ββ1.ββExcept as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.097, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:
(a)βReside at a location only if:
(1)βThe residence has been approved by the parole and probation officer assigned to the parolee.
(2)βIf the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.
(3)βThe parolee keeps the parole and probation officer informed of his current address.
(b)βAccept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer.
(c)βAbide by any curfew imposed by the parole and probation officer assigned to the parolee.
(d)βParticipate in and complete a program of professional counseling approved by the Division.
(e)βSubmit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.
(f)βSubmit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee.
(g)βAbstain from consuming, possessing or having under his control any alcohol.
(h)βNot have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the [parole and probation officer assigned to the parolee,] Chief or his designee and a written agreement is entered into and signed in the manner set forth in subsection 2.
(i)βNot use aliases or fictitious names.
(j)βNot obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee.
(k)βNot have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.097 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.
(l)βUnless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.
Β
κ2009 Statutes of Nevada, Page 1302 (CHAPTER 300, AB 325)κ
Β
if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.
(m)βComply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.
(n)βNot possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee.
(o)βNot patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.
(p)βNot possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.
(q)βInform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, institution of higher education has the meaning ascribed to it in NRS 179D.045.
2.ββA written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:
(a)βThe victim or the witness;
(b)βThe parolee;
(c)βThe parole and probation officer assigned to the parolee;
(d)βThe psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; [and]
(e)βIf the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child [.] ; and
(f)βThe Chief or his designee.
3.ββThe Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.
Sec.β3.ββ(Deleted by amendment.)
Sec.β4.ββThe amendatory provisions of this act apply to a person who is convicted on or after October 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1303κ
Β
Assembly Bill No. 326Assemblyman Denis
Β
CHAPTER 301
Β
AN ACT relating to controlled substances; revising provisions governing the tracking of prescriptions for controlled substances; requiring the Legislative Committee on Health Care to conduct a study of the abuse of prescription narcotic drugs in this State; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law provides for the creation of a computerized program to track prescriptions for controlled substances listed in schedule II, III or IV. Section 7 of this bill requires that the database of the computerized program be made available on the Internet to persons who are authorized to dispense controlled substances in this State. Section 7 further requires that the computerized program contain the contact information of each practitioner and person authorized to dispense controlled substances who elects to access the database of the program. In addition, section 7 requires the Board and the Investigation Division of the Department of Public Safety to establish a course of training in the computerized program and further requires that a person complete the course of training before the Board provides the person with access to the database of the program. (NRS 453.1545)
Section 9 of this bill requires the Legislative Committee on Health Care to conduct a study of the abuse of prescription narcotic drugs and the manner of monitoring and addressing such abuse in this State and to submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before January 15, 2011.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionsβ1-6.ββ(Deleted by amendment.)
Sec.β7.ββNRS 453.1545 is hereby amended to read as follows:
453.1545ββ1.ββThe Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:
(a)βBe designed to provide information regarding:
(1)βThe inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and
(2)βStatistical data relating to the use of those controlled substances that is not specific to a particular patient.
(b)βBe administered by the Board, the Division, the Health Division of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Division.
(c)βNot infringe on the legal use of a controlled substance for the management of severe or intractable pain.
Β
κ2009 Statutes of Nevada, Page 1304 (CHAPTER 301, AB 326)κ
Β
(d)βInclude the contact information of each person who elects to access the database of the program pursuant to subsection 2, including, without limitation:
(1)βThe name of the person;
(2)βThe physical address of the person;
(3)βThe telephone number of the person; and
(4)βIf the person maintains an electronic mail address, the electronic mail address of the person.
2.ββThe Board shall provide [each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV with] Internet access to the database of the program established pursuant to subsection 1 to [carry out the provisions of NRS 639.23507.] each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who:
(a)βElects to access the database of the program; and
(b)βCompletes the course of instruction described in subsection 6.
3.ββThe Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
4.ββThe Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
5.ββInformation obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, must not be disclosed to any person. That information must be disclosed:
(a)βUpon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
(b)βUpon the lawful order of a court of competent jurisdiction.
6.ββThe Board and the Division shall cooperatively develop a course of training for persons who elect to access the database of the program pursuant to subsection 2 and require each such person to complete the course of training before he is provided with Internet access to the database pursuant to subsection 2.
7.ββThe Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
Sec.β8.ββ(Deleted by amendment.)
Sec.β9.ββThe Legislative Committee on Health Care shall:
1.ββIn cooperation with the State Board of Pharmacy, the Board of Medical Examiners and the State Board of Osteopathic Medicine, conduct a study of the abuse of prescription narcotic drugs and the manner of monitoring and addressing the abuse of prescription narcotic drugs in this State; and
2.ββOn or before January 15, 2011, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the abuse of prescription narcotic drugs and the manner of monitoring and addressing the abuse of prescription narcotic drugs in this State.
Sec.β10.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1305κ
Β
Assembly Bill No. 333Assemblymen Denis and Atkinson
Β
CHAPTER 302
Β
AN ACT relating to motor vehicles; revising certain provisions relating to the towing of vehicles; authorizing an electronic notification to the Department of Motor Vehicles of the transfer of ownership of a motor vehicle; authorizing the Department to provide certain information about the transfer of ownership of a motor vehicle to tow car operators and other interested parties; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Section 1 of this bill requires the Nevada Transportation Authority to reduce any charge for preparing or satisfying a lien which is filed by the operator of a tow car if the Authority determines that all or part of the charge is attributable to the operators failure to prepare or satisfy the lien in a timely manner. (NRS 706.4468)
Existing law presumes that an abandoned motor vehicle was abandoned by its registered owner. The registered owner is thus responsible for the costs of removing and disposing of the vehicle. Existing law also provides for the rebuttal of this presumption. (NRS 487.220) Section 2 of this bill provides a similar presumption, and opportunity for rebuttal, for the registered owner of a vehicle that is towed at the request of the owner of real property from which the vehicle is towed. (NRS 706.4477)
Existing law provides that if an operator of a tow car tows a motor vehicle at the request of someone other than the owner, the operator is required to notify the owner of certain information within a particular period of time. (NRS 706.4479) Section 3 of this bill adds to the list of the information that must be provided notice to the registered and legal owner of the vehicle as to the actions the owner may take to reduce his liability for any potentially applicable assessments, fees, penalties or other charges, and as to the opportunity to rebut presumptions about the ownership of a vehicle.
Section 4 of this bill authorizes a person who transfers ownership of a motor vehicle to notify the Department of Motor Vehicles of the transfer electronically. Section 4 also authorizes the Department to provide information regarding vehicle ownership transfers to tow car operators and other interested parties. (NRS 482.400)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 706.4468 is hereby amended to read as follows:
706.4468ββ1.ββEach operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The Authority [may] :
(a)βMay investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.
(b)βShall reduce any charge filed pursuant to this subsection if the Authority determines that the charge is unreasonable because the charge is attributable, in whole or in part, to failure on the part of the operator of the tow car to prepare or satisfy his lien in a timely manner.
Β
κ2009 Statutes of Nevada, Page 1306 (CHAPTER 302, AB 333)κ
Β
2.ββAn operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:
(a)βHas initiated the procedure by which a person may satisfy a lien; and
(b)βStores the vehicle for at least 96 hours.
3.ββIf an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien.
4.ββIf an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.
Sec.β2.ββNRS 706.4477 is hereby amended to read as follows:
706.4477ββ1.ββIf towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:
[1.]β(a)βThe person requesting the towing must be the owner of the real property from which the vehicle is towed or his authorized agent and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.
[2.]β(b)βThe area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.
[3.]β(c)βNotice must be given to the appropriate law enforcement agency pursuant to state and local requirements.
[4.]β(d)βThe operator may be directed to terminate the towing by a law enforcement officer.
2.ββThe registered owner of a motor vehicle towed pursuant to the provisions of subsection 1:
(a)βIs presumed to have left the motor vehicle on the real property from which the vehicle is towed; and
(b)βIs responsible for the cost of removal and storage of the motor vehicle.
3.ββThe registered owner may rebut the presumption in subsection 2 by showing that:
(a)βHe transferred his interest in the motor vehicle:
(1)βPursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or
(2)βAs indicated by a bill of sale for the vehicle that is signed by the registered owner; or
(b)βThe vehicle is stolen, if he submits evidence that, before the discovery of the vehicle, he filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.
Sec.β3.ββNRS 706.4479 is hereby amended to read as follows:
706.4479ββ1.ββIf a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:
Β
κ2009 Statutes of Nevada, Page 1307 (CHAPTER 302, AB 333)κ
Β
(a)βNotify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:
(1)βOf the location where the motor vehicle is being stored;
(2)βWhether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;
(3)βOf the charge for towing and storage; [and]
(4)βOf the date and time the vehicle was placed in storage [.] ;
(5)βOf the actions that the registered and legal owner of the vehicle may take to recover his vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and
(6)βOf the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.
(b)βIf the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:
(1)βTwenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or
(2)βFifteen days after placing any other motor vehicle in storage.
Κ The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.
2.ββIf an operator includes in his tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:
(a)βFor more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or
(b)βFor more than 15 days after placing any other vehicle in storage,
Κ unless the operator complies with the requirements set forth in subsection 1.
Sec.β4.ββNRS 482.400 is hereby amended to read as follows:
482.400ββ1.ββExcept as otherwise provided in this subsection and subsections [2, 5 and 6,] 3, 6 and 7, and NRS 482.247, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturers certificate of origin or a manufacturers statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.
2.ββWithin 5 days after the transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or person whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer.
Β
κ2009 Statutes of Nevada, Page 1308 (CHAPTER 302, AB 333)κ
Β
provisions of this chapter, the person or person whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer. The Department may provide, by request and at the discretion of the Department, information submitted to the Department pursuant to this section to a tow car operator or other interested party. The Department shall adopt regulations establishing:
(a)βProcedures for electronic submissions pursuant to this section; and
(b)βStandards for determining who may receive information from the Department pursuant to this section.
3.ββThe Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title. The Department may charge a fee not to exceed the cost to provide the form.
[3.]β4.ββExcept as otherwise provided in subsections [4, 5 and 6,] 5, 6 and 7, the transferee shall immediately apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
[4.]β5.ββIf the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
[5.]β6.ββIf the transferee consigns the vehicle to a wholesale vehicle auctioneer:
(a)βThe transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of title for the vehicle.
(b)βThe wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection [4.] 5. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:
(1)βDoes not take an ownership interest in the vehicle;
(2)βAuctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and
(3)βStamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of title and the bill of sale and any other documents of transfer for the vehicle.
[6.]β7.ββA charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.
[7.]β8.ββAs used in this section, wholesale vehicle auctioneer means a dealer who:
(a)βIs engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and
Β
κ2009 Statutes of Nevada, Page 1309 (CHAPTER 302, AB 333)κ
Β
(b)βDoes not in the ordinary course of his business buy, sell or own the vehicles he auctions.
Sec.β5.ββ1.ββThis section and sections 1, 2 and 3 of this act become effective on July 1, 2009.
2.ββSection 4 of this act becomes effective on October 1, 2010.
________
Β
Assembly Bill No. 335Assemblymen Parnell, Anderson; Carpenter, Cobb, Dondero Loop, Gustavson, Hambrick, McArthur, Mortenson, Ohrenschall and Segerblom
Β
CHAPTER 303
Β
AN ACT relating to criminal gangs; making various changes relating to nuisances and criminal gangs; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law provides that certain places used for certain illegal activities constitute a private nuisance, which creates civil liability and allows any person whose property is affected to bring a civil action to abate the nuisance and recover damages. (NRS 40.140) Section 3 of this bill provides that a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang constitutes such a private nuisance. Existing law also provides that certain places used for certain illegal activities constitute a public nuisance, and any person responsible for such a public nuisance who does not abate the public nuisance is guilty of a misdemeanor. (NRS 202.450, 202.470) Section 5 of this bill provides that a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang constitutes such a public nuisance.
Sections 6 and 7 of this bill authorize the board of county commissioners of a county and the governing body of a city to adopt an ordinance authorizing the filing of a civil action, under certain circumstances, to: (1) enjoin the activities of a specific member of a criminal gang; and (2) recover money damages, attorneys fees and costs against a member of a criminal gang and the owner of a business or place that constitutes a nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang. Sections 6 and 7 also provide that a member of a criminal gang who is subject to an injunction and who knowingly and intentionally commits a material violation of that injunction is guilty of a misdemeanor.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββ(Deleted by amendment.)
Sec.β2.ββ(Deleted by amendment.)
Sec.β3.ββNRS 40.140 is hereby amended to read as follows:
40.140ββ1.ββExcept as otherwise provided in this section:
(a)βAnything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;
Β
κ2009 Statutes of Nevada, Page 1310 (CHAPTER 303, AB 335)κ
Β
(b)βA building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog; [or]
(c)βA building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:
(1)βWhich has not been deemed safe for habitation by a governmental entity; or
(2)βFrom which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog [,] ; or
(d)βA building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang,
Κ is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2.ββIt is presumed:
(a)βThat an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b)βThat an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
3.ββA shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a)βAs those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or
(b)βAs those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.
Κ A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
4.ββAs used in this section:
(a)βControlled substance analog has the meaning ascribed to it in NRS 453.043.
(b)βCriminal gang has the meaning ascribed to it in NRS 193.168.
(c)βImmediate precursor has the meaning ascribed to it in NRS 453.086.
[(c)] (d)βShooting range means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.
Sec.β4.ββ(Deleted by amendment.)
Β
κ2009 Statutes of Nevada, Page 1311 (CHAPTER 303, AB 335)κ
Β
Sec.β5.ββNRS 202.450 is hereby amended to read as follows:
202.450ββ1.ββA public nuisance is a crime against the order and economy of the State.
2.ββEvery place:
(a)βWherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b)βWherein any fighting between animals or birds is conducted;
(c)βWherein any dog races are conducted as a gaming activity;
(d)βWherein any intoxicating liquors are kept for unlawful use, sale or distribution;
(e)βWherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away; [or]
(f)βThat is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang; or
(g)βWhere vagrants resort,
Κ is a public nuisance.
3.ββEvery act unlawfully done and every omission to perform a duty, which act or omission:
(a)βAnnoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b)βOffends public decency;
(c)βUnlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d)βIn any way renders a considerable number of persons insecure in life or the use of property,
Κ is a public nuisance.
4.ββA building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by a governmental entity and:
(a)βThe owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or
(b)βThe owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.
5.ββAgricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Β
κ2009 Statutes of Nevada, Page 1312 (CHAPTER 303, AB 335)κ
Β
which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
6.ββA shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a)βAs those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b)βAs those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
Κ A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
7.ββAs used in this section:
(a)βControlled substance analog has the meaning ascribed to it in NRS 453.043.
(b)βCriminal gang has the meaning ascribed to it in NRS 193.168.
(c)βImmediate precursor has the meaning ascribed to it in NRS 453.086.
[(c)] (d)βShooting range has the meaning ascribed to it in NRS 40.140.
Sec.β6.ββChapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββNotwithstanding the provisions of any other law or ordinance, each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:
(a)βA temporary or permanent injunction against any specific member of a criminal gang to enjoin his activity which is associated with the criminal gang and which is occurring within the county.
(b)βThe recovery of money damages, attorneys fees and costs from:
(1)βAny member of a criminal gang that is engaging in criminal activities within the county; and
(2)βThe owner of a building or place located within the county that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.
2.ββAny money damages awarded in an action brought pursuant to this section must be:
(a)βPaid by, or collected from:
(1)βAny assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;
(2)βAny assets of the owner of a building or place that has been found to constitute a public nuisance; or
(3)βAny combination of the assets described in subparagraphs (1) and (2).
(b)βDeposited into a separate, segregated fund in the county treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.
Β
κ2009 Statutes of Nevada, Page 1313 (CHAPTER 303, AB 335)κ
Β
that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.
3.ββA member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.
4.ββAn action may not be brought pursuant to this section against:
(a)βAny governmental entity; or
(b)βAny charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.
5.ββAs used in this section, criminal gang has the meaning ascribed to it in NRS 193.168.
Sec.β7.ββChapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββNotwithstanding the provisions of any other law or ordinance, each governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:
(a)βA temporary or permanent injunction against any specific member of a criminal gang to enjoin his activity which is associated with the criminal gang and which is occurring within the city.
(b)βThe recovery of money damages, attorneys fees and costs from:
(1)βAny member of a criminal gang that is engaging in criminal activities within the city; and
(2)βThe owner of a building or place located within the city that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.
2.ββAny money damages awarded in an action brought pursuant to this section must be:
(a)βPaid by, or collected from:
(1)βAny assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;
(2)βAny assets of the owner of a building or place that has been found to constitute a public nuisance; or
(3)βAny combination of the assets described in subparagraphs (1) and (2).
(b)βDeposited into a separate, segregated fund in the city treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.
3.ββA member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.
Β
κ2009 Statutes of Nevada, Page 1314 (CHAPTER 303, AB 335)κ
Β
criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.
4.ββAn action may not be brought pursuant to this section against:
(a)βAny governmental entity; or
(b)βAny charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.
5.ββAs used in this section, criminal gang has the meaning ascribed to it in NRS 193.168.
________
Β
Assembly Bill No. 348Assemblymen Munford, Anderson, Ohrenschall, Kihuen, Spiegel; Aizley, Arberry, Atkinson, Bobzien, Claborn, Denis, Gansert, Goedhart, Hogan, Kirkpatrick, Leslie, Manendo, McClain, Mortenson, Oceguera, Pierce, Segerblom and Stewart
Β
CHAPTER 304
Β
AN ACT relating to education; requiring each public school to post a notice of information concerning certain courses, services and programs available to pupils enrolled in the public school and the school district; requiring that the notice be made available to the parents and legal guardians of those pupils; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
This bill requires the board of trustees of each school district to prepare a notice of information identifying all the advanced placement courses, honors courses, international baccalaureate courses, special education services, gifted and talented programs, charter school programs and any other educational programs available to pupils enrolled in the school district, including where those courses, services and programs are offered. Each public school within the school district is required to post a notice in a conspicuous place at the school indicating the availability of courses, services and programs in the public school and indicating the availability and location of a complete list of the courses, services and programs identified by the school district and make such notices available to the parents and legal guardians of pupils enrolled in the school.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββThe board of trustees of each school district shall prepare a written notice which identifies all the advanced placement courses, honors courses, international baccalaureate courses, special education services, gifted and talented programs and any other educational programs available to pupils enrolled in the school district, including, without limitation, to the extent information is available, programs offered by charter schools within the school district, which will assist in the advancement of the education of those pupils.
Β
κ2009 Statutes of Nevada, Page 1315 (CHAPTER 304, AB 348)κ
Β
limitation, to the extent information is available, programs offered by charter schools within the school district, which will assist in the advancement of the education of those pupils. The notice must:
(a)βSpecify where those courses, services and programs are available within the school district;
(b)βIdentify the grade level of pupils for which those courses, services and programs are available; and
(c)βBe posted on the Internet website maintained by the school district.
2.ββEach public school shall:
(a)βPrepare a written notice which identifies the courses, services and programs identified pursuant to subsection 1 that are available at that public school;
(b)βPost in one or more conspicuous places at the school a notice indicating the availability and location of a complete list of the courses, services and programs:
(1)βAvailable within the school district, as identified pursuant to subsection 1; and
(2)βAvailable at that public school, as identified pursuant to paragraph (a); and
(c)βEnsure that the notices prepared pursuant to this section are made available to the parents and legal guardians of pupils enrolled in the school:
(1)βAt the beginning of each school year or upon a pupils enrollment in public school, as applicable, including, without limitation, at meetings of parent organizations at the school and by distribution with other information that is sent home with pupils.
(2)βAt parent-teacher conferences.
3.ββThe notices prepared pursuant to subsection 1 and paragraph (a) of subsection 2 must be made available in such languages as the board of trustees of the school district deems necessary.
Sec.β2.ββThis act becomes effective on July 1, 2009.
________
Β
κ2009 Statutes of Nevada, Page 1316κ
Β
Assembly Bill No. 360Assemblymen Goicoechea; Gustavson and Settelmeyer (by request)
Β
CHAPTER 305
Β
AN ACT relating to special districts; authorizing the temporary creation of certain special districts to manage certain federal funds provided to the State; requiring that certain federal funds be distributed directly to certain special districts; requiring certain reporting in connection with such special districts; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Chapter 308 of NRS provides for the creation of various types of special districts for various purposes. This bill authorizes the creation of special districts to manage money that is: (1) paid to the State by the Federal Government; and (2) designated for the territory covered by the district. To qualify, the number of county commissioners serving on the governing board of the special district cannot constitute a majority and the special district must be authorized to act independently of the county when managing the district. This bill also requires that, if a special district has been created, federal money be paid directly to the district and not to the county or counties within which the district lies.
Under the provisions of this bill, the governing body of any special district created pursuant thereto must, on or before January 1, 2011, submit a one-time report to the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature.
The provisions of this bill expire by limitation on June 30, 2013.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 308 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββA special district may be formed subject to the provisions of this chapter:
(a)βTo manage any money that is:
(1)βPaid to the State of Nevada or to a county by the Federal Government; and
(2)βDesignated for the territory covered by the special district; and
(b)βWith a governing body:
(1)βOf which not more than half of the members are also members of the board of county commissioners of the county within which lies the territory covered by the special district; and
(2)βWhich is authorized to act independently of the board of county commissioners of the county within which lies the territory covered by the special district.
2.ββIf a special district is formed pursuant to the provisions of this section to manage money that is:
(a)βPaid to the State of Nevada or to a county by the Federal Government pursuant to a specified bill or measure of the Federal Government; and
(b)βDesignated for the territory covered by the special district,
Β
κ2009 Statutes of Nevada, Page 1317 (CHAPTER 305, AB 360)κ
Β
Κ any such money must be distributed directly to the special district for expenditure.
Sec.β2.ββNRS 354.140 is hereby amended to read as follows:
354.140ββ1.ββ[The] Except as otherwise provided in subsection 2, the money paid to the State of Nevada by the Secretary of the Treasury under the provisions of 16 U.S.C. § 500, providing for the payment to states and territories of a fixed percentage of the money received by the Government of the United States from the forest reserves established therein, must be distributed respectively to the county or counties in which the forest reserves are situated . [, to]
2.ββIf a special district has been formed pursuant to the provisions of section 1 of this act to manage money paid to the State of Nevada by the Secretary of the Treasury under the provisions of 16 U.S.C. § 500 from forest reserves established within the territory covered by the special district, any such money must be distributed directly to the special district.
3.ββMoney distributed pursuant to subsections 1 and 2 must be expended for the benefit of the public schools and the public roads of the county or counties in equal proportion for each object. The proportion for schools must be paid into the county school district fund. If there is a county road fund, the proportion for roads must be paid into the county road fund. If there is no county road fund, the proportion for roads must be paid into the county general fund for public road purposes.
[2.]β4.ββWhen any forest reserve is in more than one state or county, the distributive share to each must be proportional to its area therein, following as near as may be the figures submitted to the State of Nevada respecting net forest area and county acreage therein by the Forest Service, United States Department of Agriculture.
[3.]β5.ββThe agency which is responsible for completing any audit required for the continuation of the payments must be reimbursed for the cost of the audit from the funds to which the payments were distributed proportionately according to the percentage of the payment which was distributed to each fund.
Sec.β3.ββ1.ββOn or before January 1, 2011, the governing body of any special district formed pursuant to the provisions of section 1 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature.
2.ββThe report required to be submitted in accordance with subsection 1 must include, without limitation:
(a)βA description of the boundaries of the special district.
(b)βThe form and composition of the governance of the special district.
(c)βThe total number of dollars received by the special district, directly or indirectly, from the Federal Government.
(d)βThe purposes for which the money described in paragraph (c) was spent and will be spent.
(e)βA description of the activities engaged in by the special district.
(f)βAny other information that is requested by the Director of the Legislative Counsel Bureau which the Director determines would be helpful to the Legislature in evaluating the efficacy, efficiency and usefulness of the special district.
Sec.β4.ββThis act becomes effective on July 1, 2009, and expires by limitation on June 30, 2013.
________
Β
κ2009 Statutes of Nevada, Page 1318κ
Β
Assembly Bill No. 370Assemblyman Carpenter
Β
CHAPTER 306
Β
AN ACT relating to pharmacies; providing for the establishment of remote sites, satellite consultation sites and telepharmacies; requiring the State Board of Pharmacy to adopt regulations for the operation of such establishments and the governance of dispensing practitioners and dispensing technicians; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
Existing law authorizes the issuance of a license to an applicant to conduct a pharmacy upon compliance with all licensing requirements. (NRS 639.231) This bill authorizes the establishment of remote sites and satellite consultation sites for the dispensing of prescriptions, and telepharmacies, which are connected to such sites via computer link, video link and audio link to enable a registered pharmacist or a dispensing practitioner at the telepharmacy to oversee the dispensing of prescriptions to patients at a remote site or satellite consultation site.
Section 6 of this bill requires a remote site or satellite consultation site to be located at least 50 miles from the nearest pharmacy and in a service area with a total population of less than 2,000. Section 6 also authorizes such sites to be operated by a pharmaceutical technician or a dispensing technician. Section 6 further requires the State Board of Pharmacy to adopt regulations which establish the manner of determining a service area. Sections 8 and 9 of this bill exempt those sites from the requirement that every pharmacy must be managed by a registered pharmacist. (NRS 639.220, 639.284)
Section 5 of this bill requires the State Board of Pharmacy to adopt regulations for the operation of remote sites, satellite consultation sites and telepharmacies and for the definition, registration, discipline, qualifications, powers and duties of dispensing practitioners and dispensing technicians.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 6, inclusive, of this act.
Sec.β1.5.ββFederally qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
Sec.β2.ββRemote site means:
1.ββA pharmacy staffed by a pharmaceutical technician and equipped to facilitate communicative access to a pharmacy and its registered pharmacists; or
2.ββAn office:
(a)βOf a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center; and
(b)βThat is:
(1)βStaffed by a dispensing technician; and
(2)βEquipped to facilitate communicative access to the dispensing practitioner,
Κ via computer link, video link and audio link during regular business hours.
Β
κ2009 Statutes of Nevada, Page 1319 (CHAPTER 306, AB 370)κ
Β
Sec.β3.ββSatellite consultation site means a site that only dispenses filled prescriptions which are delivered to that site after the prescriptions are prepared:
1.ββAt a pharmacy where a registered pharmacist provides consultation to patients via computer link, video link and audio link during regular business hours; or
2.ββAt an office:
(a)βOf a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center; and
(b)βWhere the dispensing practitioner provides consultation to patients via computer link, video link and audio link during regular business hours.
Sec.β4.ββTelepharmacy means:
1.ββA pharmacy; or
2.ββAn office of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center,
Κ that is accessible by a remote site or a satellite consultation site via computer link, video link and audio link.
Sec.β5.ββThe Board shall adopt regulations:
1.ββAs are necessary for the safe and efficient operation of remote sites, satellite consultation sites and telepharmacies; and
2.ββTo define the terms dispensing practitioner and dispensing technician, to provide for the registration and discipline of dispensing practitioners and dispensing technicians, and to set forth the qualifications, powers and duties of dispensing practitioners and dispensing technicians.
Sec.β6.ββ1.ββIn addition to the requirements set forth in this chapter and any other specific statute, a remote site or satellite consultation site must be located:
(a)βAt least 50 miles or more from the nearest pharmacy; and
(b)βIn a service area with a total population of less than 2,000.
2.ββA remote site or satellite consultation site may be operated by:
(a)βA pharmaceutical technician without the physical presence of a managing pharmacist, except that the managing pharmacist of the telepharmacy shall also be deemed the managing pharmacist of the remote site or satellite consultation site; or
(b)βA dispensing technician without the physical presence of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center, except that the dispensing practitioner shall also be deemed the managing pharmacist of the remote site or satellite consultation site.
3.ββThe Board shall adopt regulations for the purposes of this section, which establish the manner of determining a service area. Such a service area must be a geographical area of between 5 and 10 miles in radius. In adopting the regulations, the Board may consider, without limitation, the ease or difficulty of access to the nearest pharmacy and the availability of roadways.
Sec.β7.ββNRS 639.001 is hereby amended to read as follows:
639.001ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and sections 1.5 to 4, inclusive, of this act have the meanings ascribed to them in those sections.
Β
κ2009 Statutes of Nevada, Page 1320 (CHAPTER 306, AB 370)κ
Β
Sec.β8.ββNRS 639.220 is hereby amended to read as follows:
639.220ββ1.ββExcept as otherwise provided in NRS 639.2324, 639.2326 [and] , 639.2327 [,] and section 6 of this act, each pharmacy must be managed by a registered pharmacist, approved by the Board, who is responsible for compliance by the pharmacy and its personnel with all state and federal laws and regulations relating to the operation of the pharmacy and the practice of pharmacy.
2.ββExcept as otherwise provided in NRS 639.2321, if the managing pharmacist is the only registered pharmacist employed in the pharmacy, the Board may authorize his absence each day for a total period of not to exceed 2 hours for the purpose of taking meals if:
(a)βA registered pharmacist is on call during his absence;
(b)βA sign, as prescribed by regulations of the Board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of his absence; and
(c)βAll drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the Board.
Κ The authorization required from the Board must be in writing and be retained in the pharmacy and available for inspection.
3.ββExcept as otherwise provided in this subsection [:] and section 6 of this act:
(a)βA person shall not act as a managing pharmacist for more than one licensed pharmacy.
(b)βEach managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy full-time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence.
(c)βThe managing pharmacist is responsible for the activities of his designee.
Κ A waiver from the limitation set forth in paragraph (a) may be granted by the Board to the managing pharmacist of a pharmacy located in a hospital with fewer than 100 beds or in a correctional institution housing fewer than 1,500 inmates.
4.ββThe Board must be notified before there is a change in the managing pharmacist.
Sec.β9.ββNRS 639.284 is hereby amended to read as follows:
639.284ββ[Any] Except as otherwise provided in section 6 of this act, any person who:
1.ββBeing the licensed proprietor of a pharmacy, fails to place a registered pharmacist in charge of such pharmacy, or permits the compounding or dispensing of drugs or prescriptions, or the selling of drugs, poisons or devices, the sale of which is restricted by the provisions of this chapter, by any person other than a registered pharmacist or an intern pharmacist, is guilty of a misdemeanor.
2.ββIs not a registered pharmacist and who takes charge of or acts as manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter, is guilty of a misdemeanor.
Β
κ2009 Statutes of Nevada, Page 1321 (CHAPTER 306, AB 370)κ
Β
Sec.β10.ββThe State Board of Pharmacy shall, on or before January 1, 2010, adopt any regulations which are required by or necessary to carry out the provisions of this act.
Sec.β11.ββThis act becomes effective on July 1, 2009.
________
Β
Assembly Bill No. 401Assemblyman Bobzien
Β
CHAPTER 307
Β
AN ACT relating to the Nevada System of Higher Education; extending the authority of the Board of Regents of the University of Nevada to issue bonds and other securities for certain projects; amending the names of certain colleges; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
The authority of the Board of Regents of the University of Nevada to issue revenue bonds for certain capital construction projects at the University of Nevada, Reno, and the University of Nevada, Las Vegas, will expire in 2009, 18 years after the measure was enacted. (Section 5 of Chapter 501, Statutes of Nevada 1991, as last amended by chapter 416, Statutes of Nevada 2007, p. 1903) Section 1 of this bill extends the authorization for an additional 20 years.
Sections 2 and 3 of this bill amend applicable sections of the Statutes of Nevada to reflect the name changes of Western Nevada College, previously Western Nevada Community College, and the College of Southern Nevada, previously the Community College of Southern Nevada. (Sections 4 and 5 of Chapter 297, Statutes of Nevada 2005, as last amended by chapter 416, Statutes of Nevada 2007, p. 1904)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββSection 5 of chapter 510, Statutes of Nevada 1991, as last amended by chapter 416, Statutes of Nevada 2007, at page 1903, is hereby amended to read as follow:
Sec.β5.ββ1.ββThe board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a)βTo finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $312,695,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding $422,155,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;
(b)βTo issue such bonds and other securities in connection with the project in one series or more at any time or from time to time [within 18 years after the effective date of this act,] on or before January 1, 2029, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);
Β
κ2009 Statutes of Nevada, Page 1322 (CHAPTER 307, AB 401)κ
Β
January 1, 2029, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);
(c)βTo employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and
(d)βTo exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act, except as otherwise expressly provided in this act.
2.ββIf the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.
3.ββThis act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec.β2.ββSection 4 of chapter 297, Statutes of Nevada 2005, as amended by chapter 416, Statutes of Nevada 2007, at page 1904, is hereby amended to read as follows:
Sec.β4.ββ1.ββProject means the construction, acquisition, rehabilitation or improvement, or any combination thereof, of:
(a)βParking facilities at the [Community] College of Southern Nevada; and
(b)βA residence hall at Western Nevada [Community] College.
2.ββThe term includes any land, equipment and furnishings required therefor, and other appurtenances relating thereto.
Sec.β3.ββSection 5 of chapter 297, Statutes of Nevada 2005, as amended by chapter 416, Statutes of Nevada 2007, at page 1904, is hereby amended to read as follows:
Sec.β5.ββ1.ββThe Board, on behalf and in the name of the University, is authorized by sections 1 to 9, inclusive, of this act, as supplemented by the provisions of the University Securities Law:
(a)βTo finance the project by the issuance of bonds and other securities of the University in a total principal amount not exceeding $45,000,000 for student service facilities , classrooms and parking at the [Community] College of Southern Nevada and in a total principal amount not exceeding $20,000,000 for a residence hall at Western Nevada [Community] College, except that if the Board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.
(b)βTo issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 15 years after the effective date of this act, as the Board determines, and consisting of special obligations of the University payable from the net pledged revenues authorized by sections 1 to 9, inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
Β
κ2009 Statutes of Nevada, Page 1323 (CHAPTER 307, AB 401)κ
Β
inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).
(c)βTo employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by sections 1 to 9, inclusive, of this act.
(d)βTo exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 1 to 9, inclusive, of this act , except as otherwise expressly provided in those sections.
2.ββSections 1 to 9, inclusive, of this act do not prevent the Board from funding, refunding or reissuing any securities of the University or the Board at any time as provided in the University Securities Law.
Sec.β4.ββThis act becomes effective upon passage and approval.
________
Β
Assembly Bill No. 402Assemblymen Bobzien and Leslie
Β
Joint Sponsor: Senator Parks
Β
CHAPTER 308
Β
AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to determine the parties to a public hearing concerning a resource plan of a public utility; and providing other matters properly relating thereto.
Β
[Approved: May 28, 2009]
Β
Legislative Counsels Digest:
This bill requires the Public Utilities Commission of Nevada to determine the parties to a public hearing on the adequacy of a plan to increase supply or decrease demands filed by a public utility and allows a person or governmental entity to petition to intervene as a party in the hearing. This bill also authorizes the Commission to limit or prohibit continued participation of an intervener in certain circumstances. (NRS 704.746)
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 704.746 is hereby amended to read as follows:
704.746ββ1.ββAfter a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.
2.ββThe Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan.
Β
κ2009 Statutes of Nevada, Page 1324 (CHAPTER 308, AB 402)κ
Β
plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
3.ββIn addition to any party to the [At the] hearing , any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
[3.]β4.ββAfter the hearing, the Commission shall determine whether:
(a)βThe forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.
(b)βThe plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.
(c)βThe plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility, associated with the following possible measures and sources of supply:
(1)βImprovements in energy efficiency;
(2)βPooling of power;
(3)βPurchases of power from neighboring states or countries;
(4)βFacilities that operate on solar or geothermal energy or wind;
(5)βFacilities that operate on the principle of cogeneration or hydrogeneration; and
(6)βOther generation facilities.
[4.]β5.ββThe Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection [3] 4 that:
(a)βProvide the greatest economic and environmental benefits to the State;
(b)βAre consistent with the provisions of this section; and
(c)βProvide levels of service that are adequate and reliable.
[5.]β6.ββThe Commission shall:
(a)βAdopt regulations which determine the level of preference to be given to those measures and sources of supply; and
(b)βConsider the value to the public of using water efficiently when it is determining those preferences.
________
Β