[Rev. 1/29/2019 3:16:13 PM]
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κ2015 Statutes of Nevada, Page 1973κ
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Senate Bill No. 305Senator Segerblom
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CHAPTER 349
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[Approved: June 4, 2015]
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AN ACT relating to agriculture; authorizing the growth or cultivation of industrial hemp in this State under certain circumstances; excluding industrial hemp authorized to be grown or cultivated in this State from the definition of marijuana for the purposes of certain crimes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits selling, manufacturing, delivering, bringing into the State or possessing any part of any plant of the genus Cannabis, whether growing or not. (NRS 453.339) On February 7, 2014, the President of the United States signed the Agricultural Act of 2014 into law. Section 7606 of the Act authorizes institutions of higher education and state departments of agriculture to cultivate industrial hemp for research purposes under an agricultural pilot program or for other agricultural or academic research. (7 U.S.C. § 5940)
Section 13.5 of this bill authorizes an institution of higher education or the State Department of Agriculture to grow or cultivate industrial hemp for purposes of research conducted under an agricultural pilot program or for other agricultural or academic research. Section 13.5 also requires each site used to grow or cultivate industrial hemp to be certified by and registered with the Department. Section 14 of this bill authorizes the State Board of Agriculture to adopt regulations to carry out these provisions and to restrict or prohibit the use of industrial hemp grown or cultivated pursuant to the provisions of this bill to manufacture cannabidiol or any preparation of cannabidiol.
Sections 28 and 29 of this bill exclude industrial hemp, as defined in section 7 of this bill, which is grown or cultivated for such research purposes from certain crimes relating to marijuana.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββTitle 49 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec.β2.ββAs used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.β3.ββ(Deleted by amendment.)
Sec.β3.5.ββAgricultural pilot program means a program to study the growth, cultivation or marketing of industrial hemp.
Sec.β4.ββDepartment means the State Department of Agriculture.
Secs.β5 and 6.ββ(Deleted by amendment.)
Sec.β7.ββIndustrial hemp means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight basis.
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κ2015 Statutes of Nevada, Page 1974 (CHAPTER 349, SB 305)κ
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Sec.β8.ββ(Deleted by amendment.)
Sec.β8.5.ββInstitution of higher education means:
1.ββA university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; and
2.ββA postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.
Secs.β9-11.ββ(Deleted by amendment.)
Sec.β12.ββTHC has the meaning ascribed to it in NRS 453A.155.
Sec.β13.ββ(Deleted by amendment.)
Sec.β13.5.ββ1.ββAn institution of higher education or the Department may grow or cultivate industrial hemp if the industrial hemp is grown or cultivated for:
(a)βPurposes of research conducted under an agricultural pilot program; or
(b)βOther agricultural or academic research.
2.ββEach site used for growing or cultivating industrial hemp in this State must be certified by and registered with the Department before growing or cultivating industrial hemp.
Sec.β14.ββThe State Board of Agriculture may adopt regulations to carry out the provisions of this chapter, including, without limitation, regulations necessary to:
1.ββEstablish and carry out an agricultural pilot program;
2.ββProvide for the certification and registration of sites used for growing or cultivating industrial hemp; and
3.ββRestrict or prohibit the use or processing of industrial hemp for the creation, manufacture, sale or use of cannabidiol or any compound, salt, derivative, mixture or preparation of cannabidiol.
Secs.β15-27.ββ(Deleted by amendment.)
Sec.β28.ββNRS 453.096 is hereby amended to read as follows:
453.096ββ1.ββMarijuana means:
(a)βAll parts of any plant of the genus Cannabis, whether growing or not;
(b)βThe seeds thereof;
(c)βThe resin extracted from any part of the plant; and
(d)βEvery compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
2.ββMarijuana does not include [the] :
(a)βIndustrial hemp, as defined in section 7 of this act, which is grown or cultivated pursuant to the provisions of sections 2 to 14, inclusive, of this act; or
(b)βThe mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
Sec.β29.ββNRS 453.339 is hereby amended to read as follows:
453.339ββ1.ββExcept as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana shall be punished, if the quantity involved:
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κ2015 Statutes of Nevada, Page 1975 (CHAPTER 349, SB 305)κ
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(a)βIs 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(b)βIs 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(c)βIs 10,000 pounds or more, for a category A felony by imprisonment in the state prison:
(1)βFor life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(2)βFor a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
Κ and by a fine of not more than $200,000.
2.ββFor the purposes of this section:
(a)βMarijuana means all parts of any plant of the genus Cannabis, whether growing or not [.] , except for industrial hemp, as defined in section 7 of this act, which is grown or cultivated pursuant to the provisions of sections 2 to 14, inclusive, of this act.
(b)βThe weight of marijuana is its weight when seized or as soon as practicable thereafter.
Secs.β30-32.ββ(Deleted by amendment.)
Sec.β33.ββThis act becomes effective:
1.ββUpon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2.ββOn January 1, 2016, for all other purposes.
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Senate Bill No. 388Senator Manendo
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CHAPTER 350
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[Approved: June 4, 2015]
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AN ACT relating to civil actions; establishing additional fees for filing certain motions in a divorce action under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a county clerk to charge and collect certain fees relating to certain civil actions and proceedings in district court. (NRS 19.013-19.0335) This bill provides that if a district court has issued a final order in a divorce action that was commenced by the parties filing a joint petition, the county clerk must charge and collect: (1) an additional fee of $129 the first time that a party files a motion to modify, adjust or enforce that final order; and (2) an additional fee of $57 the first time that the other party files an opposition, answer or response to such a motion. This bill requires that the proceeds of those additional fees must only be used for certain purposes which benefit the district court.
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κ2015 Statutes of Nevada, Page 1976 (CHAPTER 350, SB 388)κ
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIn addition to any other fees required by law, the first time a party files a motion or other paper that seeks to modify, adjust or enforce a final order that was issued pursuant to chapter 125 of NRS, the county clerk shall, if the original action was commenced by a petition for divorce filed by the parties jointly, collect:
(a)βA fee of $129 to be paid by the party who files the motion or other paper; and
(b)βA fee of $57 to be paid by the party who files an opposition, answer or response to the motion or other paper.
2.ββOn or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month. The county treasurer shall place the money in a special account in the county general fund administered by the county for the benefit of the district court. The county shall not charge a fee for administering the account. The money in the account must be used only to:
(a)βAcquire land on which to construct additional facilities for the district court or a regional justice center that includes the district court;
(b)βConstruct or acquire additional facilities for the district court or a regional justice center that includes the district court;
(c)βRenovate or remodel existing facilities for the district court or a regional justice center that includes the district court;
(d)βAcquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the district court or a regional justice center that includes the district court;
(e)βAcquire advanced technology;
(f)βPay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the district court or a regional justice center that includes the district court; and
(g)βEstablish or support a civil family law self-help center operated or overseen by the district court.
Κ Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.
Sec.β2.ββThis act becomes effective on July 1, 2015.
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κ2015 Statutes of Nevada, Page 1977κ
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Senate Bill No. 431Committee on Finance
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CHAPTER 351
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[Approved: June 4, 2015]
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AN ACT relating to state financial administration; authorizing the Supreme Court of Nevada to enter into a long-term lease for office space in Clark County which extends beyond the 2016-2017 biennium; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill authorizes the Supreme Court of Nevada to enter into a contract for a 25-year lease of office space for the Court in Clark County which extends in duration beyond the 2016-2017 biennium. The total amount of money committed over the 25-year period may not exceed $19,493,635, exclusive of operation and maintenance costs, and the court must ensure that the lease does not constitute debt for purposes of the Nevada Constitution.
Section 2 of this bill authorizes the Supreme Court of Nevada to execute any necessary amendments to effectuate the release of the Court and the State of Nevada from any further liability to Clark County incurred by an existing lease agreement for office space for the Court in the Regional Justice Center owned by Clark County.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββThe Supreme Court of Nevada may enter into a contract for a 25-year lease of office space for the Court in Clark County which extends in duration beyond the 2016-2017 biennium except that the total amount of money committed over the 25-year period may not exceed $19,493,635, exclusive of operation and maintenance costs, and the lease may not constitute debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.
Sec.β2.ββThe Supreme Court of Nevada is authorized to execute any necessary amendments to effectuate the release of the Court and the State of Nevada from any further liability to Clark County incurred by an existing lease agreement for office space for the Court in the Regional Justice Center owned by Clark County.
Sec.β3.ββThis act becomes effective upon passage and approval.
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κ2015 Statutes of Nevada, Page 1978κ
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Senate Bill No. 442Committee on Judiciary
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CHAPTER 352
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[Approved: June 4, 2015]
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AN ACT relating to arbitration; authorizing the removal of certain arbitrators from an arbitral proceeding under certain circumstances; prohibiting certain arbitrators from consolidating separate arbitral proceedings or other claims under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Uniform Arbitration Act of 2000. (NRS 38.206-38.248) Under existing law, a person who is requested to serve as an arbitrator must disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding. Existing law also authorizes a court, upon a timely objection by a party, to vacate an award made by an arbitrator who did not disclose such a fact. (NRS 38.227) Section 1 of this bill prohibits certain arbitrators from consolidating separate arbitral proceedings or other claims unless all parties expressly agree to such consolidation. Section 2 of this bill requires a court to remove certain arbitrators who did not disclose such a fact from the arbitral proceeding if an award has not yet been made.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 38.224 is hereby amended to read as follows:
38.224ββ1.ββExcept as otherwise provided in subsection 3, upon motion of a party to an agreement to arbitrate or to an arbitral proceeding, the court may order consolidation of separate arbitral proceedings as to all or some of the claims if:
(a)βThere are separate agreements to arbitrate or separate arbitral proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitral proceeding with a third person;
(b)βThe claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c)βThe existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitral proceedings; and
(d)βPrejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
2.ββThe court may order consolidation of separate arbitral proceedings as to some claims and allow other claims to be resolved in separate arbitral proceedings.
3.ββThe court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
4.ββExcept as otherwise provided in this subsection, an arbitrator may not consolidate separate arbitral proceedings or other claims unless all parties expressly agree to the consolidation. This subsection does not apply
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κ2015 Statutes of Nevada, Page 1979 (CHAPTER 352, SB 442)κ
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to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.
Sec.β2.ββNRS 38.227 is hereby amended to read as follows:
38.227ββ1.ββBefore accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the proceeding, including:
(a)βA financial or personal interest in the outcome of the arbitral proceeding; and
(b)βAn existing or past relationship with any of the parties to the agreement to arbitrate or the arbitral proceeding, their counsel or representatives, a witness or another arbitrator.
2.ββAn arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitral proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
3.ββIf an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under paragraph (b) of subsection 1 of NRS 38.241 for vacating an award made by the arbitrator.
4.ββ[If] Except as otherwise provided in this subsection, if the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely objection by a party [,] and a determination by the court under paragraph (b) of subsection 1 of NRS 38.241 [may vacate] that the nondisclosed fact is one that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitral proceeding, the court shall:
(a)βVacate an award [.] made before the objecting party discovered such fact; or
(b)βIf an award has not been made before discovery of such fact, remove the arbitrator from the arbitral proceeding.
Κ This subsection does not apply to an arbitral proceeding conducted or administered by a self-regulatory organization, as defined by the Securities Exchange Act of 1934, 15 U.S.C. § 78c(a)(26), the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., and any regulations adopted pursuant thereto.
5.ββAn arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitral proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality for the purposes of paragraph (b) of subsection 1 of NRS 38.241.
6.ββIf the parties to an arbitral proceeding expressly agree to the procedures of an arbitral organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under paragraph (b) of subsection 1 of NRS 38.241.
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κ2015 Statutes of Nevada, Page 1980 (CHAPTER 352, SB 442)κ
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Sec.β3.ββNRS 38.241 is hereby amended to read as follows:
38.241ββ1.ββUpon motion to the court by a party to an arbitral proceeding, the court shall vacate an award made in the arbitral proceeding if:
(a)βThe award was procured by corruption, fraud or other undue means;
(b)βThere was:
(1)βEvident partiality by an arbitrator appointed as a neutral arbitrator;
(2)βCorruption by an arbitrator; or
(3)βMisconduct by an arbitrator prejudicing the rights of a party to the arbitral proceeding;
(c)βAn arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to NRS 38.231, so as to prejudice substantially the rights of a party to the arbitral proceeding;
(d)βAn arbitrator exceeded his or her powers;
(e)βThere was no agreement to arbitrate, unless the movant participated in the arbitral proceeding without raising the objection under subsection 3 of NRS 38.231 not later than the beginning of the arbitral hearing; or
(f)βThe arbitration was conducted without proper notice of the initiation of an arbitration as required in NRS 38.223 so as to prejudice substantially the rights of a party to the arbitral proceeding.
2.ββA motion under this section must be made within 90 days after the movant receives notice of the award pursuant to NRS 38.236 or within 90 days after the movant receives notice of a modified or corrected award pursuant to NRS 38.237, unless the movant alleges that the award was procured by evident partiality, corruption, fraud or other undue means, in which case the motion must be made within 90 days after the ground is known or by the exercise of reasonable care would have been known by the movant.
3.ββIf the court vacates an award on a ground other than that set forth in paragraph (e) of subsection 1, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection 1, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d) or (f) of subsection 1, the rehearing may be before the arbitrator who made the award or the arbitrators successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection 2 of NRS 38.236 for an award.
4.ββIf the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
Sec.β4.ββThis act becomes effective upon passage and approval.
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κ2015 Statutes of Nevada, Page 1981κ
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Senate Bill No. 476Committee on Government Affairs
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CHAPTER 353
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[Approved: June 4, 2015]
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AN ACT relating to local districts; making legislative declarations; requiring the imposition of a fee on parcels in a conservation district upon the approval of registered voters; authorizing the increase, decrease or elimination of the fee upon such approval; requiring that money collected from the fee be expended only for the purposes of the conservation district; authorizing the supervisors of a conservation district to serve ex officio as directors of a weed control district upon agreement with a board of county commissioners; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a conservation district may be organized as a political subdivision of the State, with various powers and duties regarding the conservation of natural resources within the district. (Chapter 548 of NRS)
In section 2 of this bill, the Legislature declares that conservation districts may be recognized as having special expertise regarding local conditions, conservation of renewable natural resources and the coordination of local programs which makes the districts suited to serve as cooperating agencies for the purposes of the federal National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.) and to provide local government coordination for the purposes of the Federal Land Policy and Management Act of 1976. (43 U.S.C. §§ 1701 et seq.)
Section 4 of this bill requires a board of county commissioners to impose an annual fee, not to exceed $25, on each parcel in a conservation district, if the imposition of the fee is approved at an election. Under section 5 of this bill, a board of county commissioners must submit to the voters the question of whether to impose the fee upon receipt of a petition signed by either a majority of the supervisors of the conservation district or at least 10 percent of the registered voters of the conservation district. Section 5.5 of this bill provides that the required election may be conducted by mail. Under section 6 of this bill, the fee may not be increased, decreased or eliminated except according to the same procedures for imposing the fee. Under section 4, money collected from the imposition of the fee may be used only for the purposes of a conservation district prescribed in chapter 548 of NRS.
Sections 8 and 9 of this bill add the Forest Service of the United States Department of Agriculture and the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior to the definitions of United States and agencies of the United States for the purposes of provisions regarding cooperation between conservation districts and those agencies of the United States.
In section 10 of this bill, the Legislature recognizes the importance of locally led efforts for the conservation of natural resources and pledges to strive to provide appropriations to conservation districts at levels comparable to the appropriations provided to similar districts in other western states.
Existing law authorizes the creation of weed control districts, which are governed by a board of directors appointed by the applicable board of county commissioners. (NRS 555.203, 555.207) Section 15 of this bill authorizes a board of county commissioners and the supervisors of a conservation district to enter into an agreement under which the supervisors of the conservation district serve, ex officio, as the directors of a weed control district that lies entirely within the conservation district. The supervisors must ensure that the money of the weed control district is expended only for the purposes of the statutory provisions relating to weed control districts.
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κ2015 Statutes of Nevada, Page 1982 (CHAPTER 353, SB 476)κ
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 548 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec.β2.ββIt is hereby declared, as a matter of legislative determination, that conservation districts may be recognized as having special expertise regarding local conditions, conservation of renewable natural resources and the coordination of local programs which makes conservation districts uniquely suitable to serve as cooperating agencies for the purpose of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., and any other federal laws regarding land management, and to provide local government coordination for the purposes of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1701 et seq., and any other federal laws regarding land management.
Sec.β3.ββAs used in sections 3 to 7, inclusive, of this act, parcel has the meaning ascribed to it in NRS 361A.065.
Sec.β4.ββ1.ββSubject to the provisions of sections 5 and 5.5 of this act, and only after receiving the approval of a majority of the registered voters of the conservation district voting on the question at a primary, general or special election held pursuant to section 5 of this act or at an election conducted by mail pursuant to section 5.5 of this act:
(a)βIf a conservation district includes land lying in only one county, the board of county commissioners of the county shall impose, on behalf of the conservation district, an annual fee of not more than $25 on each parcel in the conservation district; and
(b)βIf a conservation district includes land lying in more than one county, the boards of county commissioners of the respective counties shall impose, on behalf of the conservation district, an annual fee of not more than $25 on each parcel in the conservation district.
2.ββA fee imposed pursuant to subsection 1 must be collected as are other fees and taxes imposed by the board of county commissioners are collected. A board of county commissioners that imposes the fee shall establish a separate fund in the county treasury for the receipt and expenditure of and accounting for the proceeds of the fee.
3.ββMoney collected pursuant to this section may be used only for the purposes of this chapter.
Sec.β5.ββ1.ββA board of county commissioners shall submit to the voters a question of whether to impose a fee described in section 4 of this act upon receipt of a petition requesting the election and prescribing the amount of the proposed fee. The petition must be signed by a majority of the supervisors of the conservation district or not less than 10 percent of the registered voters of the conservation district. The board of county commissioners shall direct the county clerk of the county or the county clerks designee to conduct an election on the question.
2.ββIf a conservation district includes land lying in more than one county, the petition described in subsection 1 must be submitted to the board of county commissioners of each such county and each respective board of county commissioners shall submit the question to the registered voters of the conservation district who live in the county. Each respective board of county commissioners shall direct the county clerk of the county or the county clerks designee to conduct an election on the question.
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κ2015 Statutes of Nevada, Page 1983 (CHAPTER 353, SB 476)κ
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board of county commissioners shall direct the county clerk of the county or the county clerks designee to conduct an election on the question. The county clerks of the respective counties shall confer and delegate to the county clerk, or the county clerks designee, of the county having the greatest number of qualified electors of the conservation district the duty of carrying out the provisions of this section and shall reimburse that county on a pro rata basis for their respective counties shares of the expenses of conducting the election.
3.ββNotice of an election or elections on the question of whether to impose a fee described in section 4 of this act must be:
(a)βPublished at least once each week for 4 weeks before the date of the election in a newspaper of general circulation in the county or counties in which the election or elections are to be held; and
(b)βPosted continuously on the Internet website of the county or counties beginning not less than 30 days before the date of the election.
4.ββAt the election, the ballot must contain the words Shall a fee of not more than $_____ per parcel be approved for the conservation district? or words equivalent thereto.
5.ββIf a majority of the registered voters of the conservation district voting on the question approve the imposition of the fee, the fee must be imposed beginning on July 1 of the year next following the election or elections.
Sec.β5.5.ββ1.ββIn lieu of conducting the election required by section 4 of this act at a primary, general or special election pursuant to section 5 of this act, the board or boards of county commissioners, as applicable, may direct that the election be conducted by mail in accordance with this section. Except as otherwise provided in this section, the provisions of section 5 of this act govern an election conducted pursuant to this section.
2.ββIf the election is conducted by mail:
(a)βThe board or boards of county commissioners, as applicable, shall establish the date by which marked mailing ballots must be mailed by voters to the county clerk or the county clerks designee pursuant to paragraph (c). That date is the date of the election for the purposes of subsection 3 of section 5 of this act.
(b)βOn or after the first date of publication or posting, whichever occurs first, of the notice required by subsection 3 of section 5 of this act, but not later than 5 business days after that date, the county clerk or the county clerks designee shall cause to be mailed to each registered voter in the conservation district:
(1)βAn official mailing ballot;
(2)βA return envelope; and
(3)βInstructions regarding the manner of marking and returning the ballot. The instructions must set forth the date established pursuant to paragraph (a) by which the ballot must be mailed by the voter to the county clerk or the county clerks designee.
(c)βUpon receipt of a mailing ballot, the registered voter must, in accordance with the instructions, mark and fold the ballot, deposit and seal the ballot in the return envelope, affix his or her signature on the back of the envelope and mail the envelope to the county clerk or the county clerks designee. The ballot shall be deemed timely mailed if the envelope is postmarked not later than 3 business days after the date established pursuant to paragraph (a) by which the ballot must be mailed.
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κ2015 Statutes of Nevada, Page 1984 (CHAPTER 353, SB 476)κ
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(d)βAt the close of polling, the county clerk or the county clerks designee shall appoint three electors who are not supervisors of the conservation district to act, without pay, as judges and tellers to open the envelopes and count the votes.
3.ββIf a majority of the electors of the conservation district voting on the question at an election conducted pursuant to this section approve the imposition of the fee, the fee must be imposed beginning on July 1 of the year next following the election.
Sec.β6.ββA fee imposed pursuant to sections 4, 5 and 5.5 of this act, as applicable, may not be increased, decreased or eliminated except according to the same procedures prescribed in sections 4, 5 and 5.5 of this act, as applicable, for imposing the fee.
Sec.β7.ββA board of county commissioners may appropriate money from the county general fund to a conservation district for the purpose of providing programs for renewable natural resources regardless of whether a fee is imposed pursuant to sections 4, 5 and 5.5 of this act, as applicable.
Sec.β8.ββNRS 548.020 is hereby amended to read as follows:
548.020ββAgencies of the United States includes the United States of America, the [Soil] Natural Resources Conservation Service and the Forest Service of the United States Department of Agriculture, the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
Sec.β9.ββNRS 548.090 is hereby amended to read as follows:
548.090ββUnited States includes the United States of America, the [Soil] Natural Resources Conservation Service and the Forest Service of the United States Department of Agriculture, the Bureau of Land Management and the Fish and Wildlife Service of the United States Department of the Interior, and any other agency or instrumentality, corporate or otherwise, of the United States of America.
Sec.β10.ββNRS 548.105 is hereby amended to read as follows:
548.105ββ1.ββIt is hereby declared, as a matter of legislative determination, that persons in local communities are best able to provide basic leadership and direction for the planning and accomplishment of the conservation and development of renewable natural resources through organization and operation of conservation districts.
2.ββRecognizing the importance of locally led efforts for the conservation of renewable natural resources, the Legislature will strive to provide appropriations to conservation districts at a level comparable to the appropriations provided to similar districts in other western states.
Sec.β11.ββNRS 548.195 is hereby amended to read as follows:
548.195ββ1.ββAfter such hearing, if the Commission determines, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the territory considered at the hearing, the Commission shall make and record such determination, and shall determine the township or townships to be included in the district.
2.ββIn making such determination, the Commission shall give due weight and consideration to:
(a)βThe topography of the area considered and of the State.
(b)βThe composition of soils therein.
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κ2015 Statutes of Nevada, Page 1985 (CHAPTER 353, SB 476)κ
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(c)βThe distribution of erosion.
(d)βThe prevailing land use practices.
(e)βThe desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries.
(f)βThe relation of the proposed area to existing watersheds and agricultural regions, and to other conservation districts already organized or proposed for organization under the provisions of this chapter.
(g)βSuch other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.
3.ββAfter consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the Commission may make the determination of such need without holding a hearing.
Sec.β12.ββNRS 548.215 is hereby amended to read as follows:
548.215ββ1.ββThe Commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district is administratively practicable and feasible.
2.ββIf the Commission determines that the operation of such district is not administratively practicable and feasible, the Commission shall record such determination and deny the petition.
3.ββIf the Commission determines that the operation of the district is administratively practicable and feasible, the Commission shall record such determination and shall proceed with the organization of the district in the manner provided in this chapter. The Commission shall not determine that the operation of the proposed district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the creation of the district are cast in favor of the creation of such district.
4.ββIn making such determination, the Commission shall give due regard and weight to:
(a)βThe attitudes of the occupiers of lands lying within the defined boundaries.
(b)βThe number of eligible registered voters who voted in the referendum.
(c)βThe proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast.
(d)βThe approximate wealth and income of the land occupiers of the proposed district.
(e)βThe probable expense of carrying on erosion-control operations within such district.
(f)βSuch other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.
Sec.β13.ββNRS 548.430 is hereby amended to read as follows:
548.430ββThe regulations to be adopted by the Commission under the provisions of NRS 548.410 to 548.435, inclusive, may include:
1.ββProvisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.
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κ2015 Statutes of Nevada, Page 1986 (CHAPTER 353, SB 476)κ
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2.ββProvisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and reforestation.
3.ββSpecifications of cropping programs and tillage practices to be observed.
4.ββProvisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.
5.ββProvisions for such other means, measures, operations, and programs as may assist conservation of renewable natural resources and prevent or control soil erosion and sedimentation in the conservation district, having due regard to the legislative findings set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.
Sec.β14.ββNRS 548.535 is hereby amended to read as follows:
548.535ββ1.ββThe Commission shall consider the information and facts presented in the petition and brought out in any public hearings that may be held and the result of the referendum if one is held, and shall thereafter determine whether the continued operation of the district is administratively practicable and feasible.
2.ββIf the Commission determines that the continued operation of such district is administratively practicable and feasible, the Commission shall record such determination and deny the petition. The Commission shall not determine that the continued operation of the district is administratively practicable and feasible unless the number of petitioners comprises less than a majority of the registered voters in the district or unless at least a majority of the votes cast in the referendum were cast in favor of the continuance of such district.
3.ββIf the Commission determines that the continued operation of the district is not administratively practicable and feasible, the Commission shall record such determination and shall certify such determination to the supervisors of the district.
4.ββIn making such determination the Commission shall give due regard and weight to:
(a)βThe attitudes of the occupiers of lands lying within the district.
(b)βThe number of eligible registered voters who voted in the referendum.
(c)βThe proportion of petitioners to the total number of land occupiers in the district, and the proportion of the votes cast in favor of the discontinuance of the district to the total number of votes cast.
(d)βThe approximate wealth and income of the land occupiers of the district.
(e)βThe probable expense of carrying on erosion-control operations within such district.
(f)βSuch other economic and social factors as may be relevant to such determination, having due regard to the legislative findings as set forth in NRS 548.095 to 548.110, inclusive [.] , and section 2 of this act.
Sec.β15.ββChapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββIf the area included in a weed control district is entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the board of county commissioners of the county and the supervisors of the conservation district may enter into an agreement for the supervisors of the conservation district to serve, ex officio, as the board of directors of the weed control district.
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κ2015 Statutes of Nevada, Page 1987 (CHAPTER 353, SB 476)κ
Β
conservation district organized pursuant to chapter 548 of NRS, the board of county commissioners of the county and the supervisors of the conservation district may enter into an agreement for the supervisors of the conservation district to serve, ex officio, as the board of directors of the weed control district. If, as a result of a change in boundaries, the area included in a weed control district is no longer entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the supervisors of the conservation district may no longer serve, ex officio, as the board of directors of the weed control district, and the supervisors of the weed control district must be appointed pursuant to NRS 555.205.
2.ββAn agreement entered into pursuant to subsection 1 may be terminated by mutual agreement of the board of county commissioners and the supervisors of the conservation district. If an agreement is terminated pursuant to this section, the board of directors of the weed control district must be appointed pursuant to NRS 555.205.
3.ββThe supervisors of a conservation district serving ex officio as the board of directors of a weed control district pursuant to this section shall ensure that any money collected by the weed control district pursuant to an assessment levied pursuant to NRS 555.215, and any other money appropriated or granted to the weed control district from any source, is expended only for the purposes of this section and NRS 555.202 to 555.220, inclusive.
Sec.β16.ββNRS 555.205 is hereby amended to read as follows:
555.205ββExcept as otherwise provided in section 15 of this act:
1.ββThe board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three or five persons who:
(a)βAre landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.
(b)βFairly represent the agricultural economy of the district.
2.ββIf the district includes lands situated in more than one county, the board of county commissioners shall appoint at least one member of the board of directors from each county in which one-third or more of the lands are situated.
3.ββThe initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.
4.ββIn addition to other causes provided by law, a vacancy is created on the board if any director:
(a)βCeases to be a landowner in the district.
(b)βIs absent, unless excused, from three meetings of the board.
5.ββIf, as a result of a change in the boundaries of the district, a county becomes entitled to a new member of the board of directors pursuant to subsection 2, the board of county commissioners shall make the new appointment upon the first expiration of the term of a current member thereafter.
Β
κ2015 Statutes of Nevada, Page 1988 (CHAPTER 353, SB 476)κ
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Sec.β17.ββNRS 555.220 is hereby amended to read as follows:
555.220ββAny person violating any of the provisions of NRS 555.202 to 555.210, inclusive, and section 15 of this act, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.202 to 555.210, inclusive, and section 15 of this act is guilty of a misdemeanor.
Sec.β18.ββThis act becomes effective on July 1, 2015.
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Senate Bill No. 477Committee on Government Affairs
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CHAPTER 354
Β
[Approved: June 4, 2015]
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AN ACT relating to structures; authorizing the governing body of a county or incorporated city in this State to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in certain larger single-family residences; providing limitations on the authority of the governing body of a county or incorporated city in this State to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in certain other single-family residences; prohibiting the governing body of a county or incorporated city in this State from adopting a building code or taking any other action that requires the installation of an automatic fire sprinkler system in certain structures or portions thereof used primarily for agricultural, livestock or equestrian activities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the governing body of any county or incorporated city in this State is authorized to adopt a building code that specifies the design, soundness and materials of structures. (NRS 278.580) Section 1 of this bill specifically authorizes such a governing body to adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new single-family residence that has an area of livable space of 5,000 square feet or more. Section 1 provides that, on or after July 1, 2015, a governing body may adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new single-family residence that has an area of livable space of less than 5,000 square feet only if the governing body: (1) conducts an independent cost-benefit analysis of the proposed requirement to install an automatic fire sprinkler system; and (2) makes certain findings at a public hearing. Section 1 provides that a governing body may require the installation of an automatic fire sprinkler system in such a residence without conducting the cost-benefit analysis and making the findings otherwise required by section 1 if, with regard to any particular single-family residence, the governing body determines at a public hearing that the unique characteristics or location of the residence would cause an unreasonable delay in firefighter response time. Additionally, section 1 prohibits a governing body from adopting a building code or taking any other action that requires the installation of an automatic fire sprinkler system in a structure other than a residential dwelling unit, regardless of whether the structure is located on public or private property, if the structure: (1) is covered but not completely enclosed; (2) is used primarily for agricultural, livestock or equestrian activities; (3) has spectator seating situated around the perimeter of the structure; and (4) is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.
Β
κ2015 Statutes of Nevada, Page 1989 (CHAPTER 354, SB 477)κ
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covered but not completely enclosed; (2) is used primarily for agricultural, livestock or equestrian activities; (3) has spectator seating situated around the perimeter of the structure; and (4) is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.
Section 6 of this bill provides that: (1) with certain exceptions, the amendatory provisions of section 1 do not prohibit the enforcement of any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body before January 1, 2015; (2) any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body before January 1, 2015, but which makes such a requirement effective upon the occurrence of an event that has not occurred before January 1, 2015, is void and unenforceable; and (3) any building code, ordinance, regulation or rule which requires the installation of an automatic fire sprinkler system that was adopted by a governing body on or after January 1, 2015, but on or before June 30, 2015, is void and unenforceable.
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββA governing body may adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of 5,000 square feet or more.
2.ββExcept as otherwise provided in subsection 3, a governing body may, on or after July 1, 2015, adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet only if, before adopting the building code or taking the action, the governing body:
(a)βConducts an independent cost-benefit analysis of the adoption of a building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet; and
(b)βMakes a finding at a public hearing that, based on the independent cost-benefit analysis conducted pursuant to paragraph (a), adoption of the building code or the taking of any other action by the governing body that requires the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet is to the benefit of the owners of the residential dwelling units to which the requirement would be applicable and that such benefit exceeds the costs related to the installation of automatic fire sprinkler systems in such residential dwelling units.
3.ββA governing body may require the installation of an automatic fire sprinkler system in a new residential dwelling unit that has an area of livable space of less than 5,000 square feet without conducting the analysis or making the findings required by subsection 2 if the governing body makes a determination at a public hearing that the unique characteristics or the location of the residential dwelling unit, when compared to residential dwelling units of comparable size or location within the jurisdiction of the governing body, would cause an unreasonable delay in firefighter response time.
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κ2015 Statutes of Nevada, Page 1990 (CHAPTER 354, SB 477)κ
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residential dwelling units of comparable size or location within the jurisdiction of the governing body, would cause an unreasonable delay in firefighter response time. In making such a determination, the governing body may consider:
(a)βThe availability of water for use by firefighters in the area in which the residential dwelling unit is located;
(b)βThe availability to firefighters of access to the residential dwelling unit;
(c)βThe topography of the area in which the residential dwelling unit is located; and
(d)βThe availability of firefighting resources in the area in which the residential dwelling unit is located.
4.ββA governing body shall not adopt a building code or take any other action that requires the installation of an automatic fire sprinkler system in a structure other than a residential dwelling unit or any portion of such a structure, whether located on public or private property:
(a)βThat is covered but not completely enclosed;
(b)βThat is used primarily for agricultural, livestock or equestrian activities;
(c)βThat has spectator seating situated around the perimeter of the structure or portion thereof; and
(d)βWhich is otherwise in compliance with all relevant building codes concerning exits and fire alarm systems.
5.ββThe provisions of this section do not prohibit:
(a)βA local government from enforcing an agreement for the development of land which requires the installation of an automatic fire sprinkler system in any residential dwelling unit; or
(b)βA person from installing an automatic fire sprinkler system in a structure described in subsection 4 or any residential dwelling unit.
6.ββAs used in this section:
(a)βAutomatic fire sprinkler system has the meaning ascribed to it in NRS 202.580.
(b)βResidential dwelling unit does not include a condominium unit, an apartment unit or a townhouse unit that shares a common wall with more than one other such unit.
Sec.β2.ββNRS 278.010 is hereby amended to read as follows:
278.010ββAs used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec.β3.ββNRS 278.580 is hereby amended to read as follows:
278.580ββ1.ββSubject to the limitation set forth in NRS 244.368, and section 1 of this act, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.
2.ββThe governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada or the Nevada System of Higher Education, except that such entities may enter into a contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada or the Nevada System of Higher Education.
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κ2015 Statutes of Nevada, Page 1991 (CHAPTER 354, SB 477)κ
Β
governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada or the Nevada System of Higher Education.
3.ββNotwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.
4.ββA governing body shall amend its building codes and, if necessary, its zoning ordinances and regulations to permit the use of:
(a)βStraw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure; and
(b)βSystems which use solar or wind energy to reduce the costs of energy for a structure if such systems and structures are otherwise in compliance with applicable building codes and zoning ordinances, including those relating to the design, location and soundness of such systems and structures,
Κ to the extent the local climate allows for the use of such materials, technologies, resources and systems.
5.ββThe amendments required by subsection 4 may address, without limitation:
(a)βThe inclusion of characteristics of land and structures that are most appropriate for the construction and use of systems using solar and wind energy.
(b)βThe recognition of any impediments to the development of systems using solar and wind energy.
(c)βThe preparation of design standards for the construction, conversion or rehabilitation of new and existing systems using solar and wind energy.
6.ββA governing body shall amend its building codes to include:
(a)βThe seismic provisions of the International Building Code published by the International Code Council; and
(b)βStandards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
Sec.β4.ββNRS 244.3675 is hereby amended to read as follows:
244.3675ββSubject to the limitations set forth in NRS 244.368, 278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the boards of county commissioners within their respective counties may:
1.ββRegulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.
2.ββAdopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada or the Nevada System of Higher Education.
Sec.β5.ββNRS 268.413 is hereby amended to read as follows:
268.413ββSubject to the limitations contained in NRS 244.368, 278.02315, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 1 of this act, the city council or other governing body of an incorporated city may:
1.ββRegulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
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κ2015 Statutes of Nevada, Page 1992 (CHAPTER 354, SB 477)κ
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2.ββAdopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, those fees do not apply to the State of Nevada or the Nevada System of Higher Education.
Sec.β6.ββ1.ββExcept as otherwise provided in subsection 2, the amendatory provisions of section 1 of this act do not prohibit the enforcement by the governing body of a county or incorporated city in this State of any building code, ordinance, regulation or rule adopted by the governing body before January 1, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act.
2.ββAny building code, ordinance, regulation or rule adopted by the governing body of a county or incorporated city in this State before January 1, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act and is effective upon the occurrence of any event, including, without limitation, the issuance of a certain number of building permits by the governing body, is hereby declared void and may not be enforced by the governing body if the event upon which the requirement for the installation of an automatic fire sprinkler system is effective did not occur before January 1, 2015.
3.ββAny building code, ordinance, regulation or rule adopted by the governing body of a county or incorporated city in this State on or after January 1, 2015, but on or before June 30, 2015, which requires the installation of an automatic fire sprinkler system specified in section 1 of this act is hereby declared void and may not be enforced by the governing body.
Sec.β7.ββThis act becomes effective upon passage and approval.
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Senate Bill No. 510Committee on Legislative Operations and Elections
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CHAPTER 355
Β
[Approved: June 4, 2015]
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AN ACT relating to the State Personnel System; revising the provisions governing the right of certain employees of the Legislative Branch of the State Government to transfer to positions in the classified service of the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that certain unclassified employees of the Executive Branch of the State Government and certain employees of the Judicial and Legislative Branches are entitled to transfer to positions having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service. Such an employee is exempt from any requirement of a competitive examination and is entitled to: (1) retain credits for annual and sick leave and longevity; and (2) priority on the lists of eligible persons, to the extent that those privileges are accorded to employees transferring within the classified service. (NRS 284.3775) This bill revises those provisions so that an employee of the Legislative Branch who has served for 4 consecutive months is entitled to transfer to: (1) any position in the classified service having duties and compensation similar to those of the employees position with the Legislative Branch, as under existing law; or (2) any other position in the classified service for which the employee is qualified, regardless of the duties and compensation of the position.
Β
κ2015 Statutes of Nevada, Page 1993 (CHAPTER 355, SB 510)κ
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 284.295 is hereby amended to read as follows:
284.295ββ1.ββVacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations adopted by the Commission. In such regulations, the employees efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the Legislative Branch of Government pursuant to subsection [5] 7 of NRS 284.3775 shall be deemed to hold the position the person held before the legislative session.
2.ββEligibility for promotion must be determined on recommendation of the appointing authority and certification by the Administrator that the employee meets the minimum requirements and demonstrates the employees qualifications in accordance with regulations adopted by the Commission.
3.ββThe Administrator may provide, in specific cases, for competitive promotional examinations among employees of departments other than that in which a particular vacancy in a higher classification may exist.
4.ββAn advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.
Sec.β2.ββNRS 284.3775 is hereby amended to read as follows:
284.3775ββ1.ββExcept as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals [,] or employees in the unclassified service of the Executive Branch of the Government of the State of Nevada [, or employees of the Legislative Branch of the Government of the State of Nevada] who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
2.ββAn employee of the Legislative Branch of the Government of the State of Nevada who has served for 4 consecutive months or more is entitled to transfer to:
(a)βAny position in the classified service of the State having similar duties and compensation; or
(b)βAny other position in the classified service of the State for which the employee is qualified, without regard to the duties and compensation of the position.
Κ Except as otherwise provided in this subsection and subsection 6, such an employee is entitled to transfer to such a position on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
3.ββThe benefit conferred by [this subsection] subsections 1 and 2 includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave and longevity, and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.
Β
κ2015 Statutes of Nevada, Page 1994 (CHAPTER 355, SB 510)κ
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[2.]β4.ββExcept as otherwise provided in subsection [4,] 6, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.
[3.]β5.ββExcept as otherwise provided in this subsection and subsection [4,] 6, a person may not transfer pursuant to subsection 1 to a class composed of:
(a)βProfessionally qualified persons; or
(b)βOfficers and administrators who set broad policies and exercise responsibility for the execution of those policies.
Κ A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.
[4.]β6.ββThe restrictions provided in subsections [2] 4 and [3] 5 do not apply to [an] :
(a)βAn employee of the Legislative Branch of Government; or
(b)βAn employee of the Supreme Court, an employee of the Court of Appeals [,] or an employee in the unclassified service of the Executive Branch of Government [or an employee of the Legislative Branch of Government] whose appointment to that position was immediately preceded by an appointment in the classified service, except that [such] an employee described in this paragraph may only transfer to a position in the classified service that has duties and compensation that are similar either to the employees current position or to a position the employee previously held in the classified service.
[5.]β7.ββAn employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:
(a)βIs entitled to be restored to the employees previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.
(b)βIs eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employees position in the classified service.
[6.]β8.ββAn employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection [1] 2 to transfer to a position [having similar duties and compensation] in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employees employment with the Legislative Branch of Government before that date.
9.ββFor the purposes of this section, the weekly compensation of [a person] an employee of the Legislative Branch of Government who is paid a daily salary during a legislative session is seven times the daily salary.
Sec.β3.ββThis act becomes effective upon passage and approval.
________
Β
κ2015 Statutes of Nevada, Page 1995κ
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Assembly Bill No. 12Committee on Judiciary
Β
CHAPTER 356
Β
[Approved: June 4, 2015]
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AN ACT relating to criminal offenders; providing for the continuation of the diversion program that allows certain probation violators to receive treatment for alcohol or drug abuse or mental illness in lieu of revocation of probation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
In 2011, the Legislature directed the Department of Corrections to establish a pilot diversion program to provide treatment for alcohol or drug abuse or mental illness to certain probation violators in lieu of revocation of probation. The provisions authorizing the pilot program expire by limitation on July 1, 2015. (Chapter 433, Statutes of Nevada 2011, p. 2627) This bill removes the prospective expiration of the authorization for the program, thereby establishing a permanent program.
Β
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββSection 11 of chapter 433, Statutes of Nevada 2011, at page 2629, is hereby amended to read as follows:
Sec.β11.ββThis act becomes effective upon passage and approval . [and expires by limitation on July 1, 2015.]
Sec.β2.ββThis act becomes effective upon passage and approval.
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Assembly Bill No. 163Assemblymen Hansen, Oscarson, Wheeler; Dickman, Ellison and Titus
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Joint Sponsors: Senators Gustavson; and Settelmeyer
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CHAPTER 357
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[Approved: June 4, 2015]
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AN ACT relating to fire protection; providing for the creation of rangeland fire protection associations; authorizing certain boards to approve a petition to create a rangeland fire protection association; providing for the evaluation of such an association by the authorizing board and the State Forester Firewarden; requiring the State Forester Firewarden to adopt regulations and develop recommendations relating to the formation, operation and training of the members of such an association; and providing other matters properly relating thereto.
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κ2015 Statutes of Nevada, Page 1996 (CHAPTER 357, AB 163)κ
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Legislative Counsels Digest:
Sections 3, 7.5 and 7.7 of this bill authorize a board of county commissioners, board of directors of a county fire protection district or board of fire commissioners of certain other districts to approve a petition submitted by any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within the county or district to create a rangeland fire protection association if the petitioners meet certain requirements. Sections 3, 7.5 and 7.7 additionally provide for the routine evaluation of such an association by the authorizing board in cooperation with the State Forester Firewarden during the term of a cooperative agreement based on certain criteria and requires the State Forester Firewarden to adopt regulations and develop recommendations relating to the formation, operation and training of the members of such an association.
Existing law authorizes fire protection districts, the State Forester Firewarden and a board of county commissioners to enter into certain cooperative agreements for the purpose of providing fire protection services in this State. (NRS 472.050-472.070) Sections 4-6, 8 and 9 of this bill authorize fire protection districts, the State Forester Firewarden and a board of county commissioners to enter into such agreements with a rangeland fire protection association.
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 472 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.
Sec.β2.ββAs used in this chapter, unless the context otherwise requires, the term rangeland fire protection association means a nonprofit association formed for the purpose of protecting rangeland from wildfire pursuant to section 3, 7.5 or 7.7 of this act, as applicable.
Sec.β3.ββ1.ββExcept as otherwise provided in sections 7.5 and 7.7 of this act, any business entity or cooperative or any two or more persons who own, lease, produce agriculture on or occupy property within a county in this State may establish a rangeland fire protection association by petitioning the board of county commissioners of the county in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
2.ββA board of county commissioners may approve a petition submitted pursuant to subsection 1 if the petitioners:
(a)βMeet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.
(b)βProvide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association meets all the applicable requirements set forth in the regulations adopted by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.
3.ββA board of county commissioners, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:
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κ2015 Statutes of Nevada, Page 1997 (CHAPTER 357, AB 163)κ
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(a)βThe governance and management structure of the association;
(b)βThe adequacy of any policy of liability insurance carried by the association;
(c)βThe condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and
(d)βThe training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the State Forester Firewarden.
4.ββA board of county commissioners may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of county commissioners the results of any such delegated evaluation.
5.ββThe board of county commissioners, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.
6.ββThe provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.
Sec.β3.5.ββ1.ββThe State Forester Firewarden shall adopt regulations governing a rangeland fire protection association established pursuant to section 3 of this act setting forth:
(a)βThe requirements for the formation of such a rangeland fire protection association, including the governance and management structure of an association;
(b)βThe scope of the operations which may be conducted by such an association;
(c)βThe training requirements for the members of such an association;
(d)βThe amount of liability insurance that must be carried by such an association; and
(e)βAny financial requirements for the formation and operation of such an association.
2.ββThe State Forester Firewarden shall develop recommendations concerning the formation, operation and training of the members of a rangeland fire protection association established pursuant to section 7.5 or 7.7 of this act. Such recommendations must address the topics set forth in subsection 1.
Sec.β4.ββNRS 472.050 is hereby amended to read as follows:
472.050ββ1.ββThe State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
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κ2015 Statutes of Nevada, Page 1998 (CHAPTER 357, AB 163)κ
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the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
2.ββAny federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the State for the management and protection of forests and watershed areas therein shall be deposited in the Division of Forestry Account in the State General Fund.
Sec.β5.ββNRS 472.060 is hereby amended to read as follows:
472.060ββAny fire protection district and board or boards of county commissioners of the State of Nevada may:
1.ββEnter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.
2.ββAppropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression , [;] for the purchase, construction and maintenance of forest protection improvements and equipment [;] and for paying other expenses incidental to the protection of forest and other lands from fire, including any portion of the office and travel expense of the Division of Forestry incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.
Sec.β6.ββNRS 472.070 is hereby amended to read as follows:
472.070ββThe State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, [and] other fire protection agencies [,] and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.
Sec.β7.ββChapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.2, 7.5 and 7.7 of this act.
Sec.β7.2.ββAs used in this chapter, unless the context otherwise requires, the term rangeland fire protection association has the meaning ascribed to it in section 2 of this act.
Sec.β7.5.ββ1.ββAny business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a county fire protection district organized pursuant to NRS 474.010 to 474.450, inclusive, may establish a rangeland fire protection association by petitioning the board of directors of the county fire protection district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
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κ2015 Statutes of Nevada, Page 1999 (CHAPTER 357, AB 163)κ
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2.ββThe board of directors of a county fire protection district may approve a petition submitted pursuant to subsection 1 if the petitioners:
(a)βMeet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.
(b)βProvide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association complies with the recommendations developed by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.
3.ββThe board of directors of a county fire protection district, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:
(a)βThe governance and management structure of the association;
(b)βThe adequacy of any policy of liability insurance carried by the association;
(c)βThe condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and
(d)βThe training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the county fire protection district.
4.ββThe board of directors of a county fire protection district may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of directors of the county fire protection district the results of any such delegated evaluation.
5.ββThe board of directors of a county fire protection district, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.
6.ββThe provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.
Sec.β7.7.ββ1.ββAny business entity or cooperative or any two or more persons who own, lease, produce agriculture on or otherwise control or occupy property within a district organized pursuant to NRS 474.460 may establish a rangeland fire protection association by petitioning the board of fire commissioners of the district in which the petitioners reside or in which their property is located for recognition as a rangeland fire protection association.
2.ββThe board of fire commissioners of the district may approve a petition submitted pursuant to subsection 1 if the petitioners:
(a)βMeet the requirements established by the board relating to the creation, operation and duties of a rangeland fire protection association.
(b)βProvide to the board a copy of written notice from the State Forester Firewarden that the proposed rangeland fire protection association complies with the recommendations developed by the State Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.
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κ2015 Statutes of Nevada, Page 2000 (CHAPTER 357, AB 163)κ
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Forester Firewarden pursuant to section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.
3.ββThe board of fire commissioners of a district organized pursuant to NRS 474.460, in cooperation with the State Forester Firewarden or his or her designee, shall, before the board enters into a cooperative agreement with a rangeland fire protection association pursuant to NRS 472.060 or 472.070 and annually thereafter during the term of the agreement, evaluate:
(a)βThe governance and management structure of the association;
(b)βThe adequacy of any policy of liability insurance carried by the association;
(c)βThe condition and maintenance of the vehicles and equipment used by the association in carrying out its duties; and
(d)βThe training and qualifications of each member of the association in accordance with national standards or other substantially equivalent standards determined by the district.
4.ββThe board of fire commissioners of a district organized pursuant to NRS 474.460 may delegate the performance of the evaluation required pursuant to subsection 3 to the State Forester Firewarden. The State Forester Firewarden shall report to the board of fire commissioners the results of any such delegated evaluation.
5.ββThe board of fire commissioners of a district organized pursuant to NRS 474.460, the State Forester Firewarden and any other agency which is a party to a cooperative agreement entered into with a rangeland fire protection association shall, to the extent practicable, assist the association in procuring funding for the association, carrying out the duties of the association, training the members of the association and providing personal protective equipment for the members of the association.
6.ββThe provisions of this section do not require a person to be a member of a rangeland fire protection association in order to protect his or her property from a rangeland fire.
Sec.β8.ββNRS 474.163 is hereby amended to read as follows:
474.163ββ1.ββThe board of directors of a county fire protection district may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the district and perform such other duties as may be designated by the board of directors. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other fire protection agencies [.] and rangeland fire protection associations.
2.ββIn lieu of or in addition to the provisions of subsection 1, the board of directors may:
(a)βProvide fire protection to the county fire protection district by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 277.180 and 472.060 to 472.090, inclusive, for the furnishing of such protection to the district; or
(b)βSupport volunteer fire departments within the county fire protection district for the furnishing of such protection to the district.
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κ2015 Statutes of Nevada, Page 2001 (CHAPTER 357, AB 163)κ
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Sec.β8.5.ββNRS 474.470 is hereby amended to read as follows:
474.470ββThe board of fire commissioners shall:
1.ββManage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460.
2.ββAdopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:
(a)βThe hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and
(b)βHazardous conditions relating to the use or occupancy of any premises.
Κ Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.
3.ββOrganize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.
4.ββProvide for the payment of salaries to the personnel of those fire companies or fire departments.
5.ββProvide for payment from the proper fund of all the debts and just claims against the districts.
6.ββEmploy agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.
7.ββAcquire real or personal property necessary for the purposes of the districts and dispose of the property if no longer needed.
8.ββConstruct any necessary structures.
9.ββAcquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.
10.ββEliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.
11.ββPerform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive [.] , and section 7.7 of this act.
Sec.β9.ββNRS 474.500 is hereby amended to read as follows:
474.500ββ1.ββThe board of fire commissioners may appoint a district fire chief who shall have adequate training and experience in fire control and who shall hire such employees as are authorized by the board. The district fire chief shall administer all fire control laws in the territory of the county described by NRS 474.460 and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and rangeland fire protection associations and with the State Forester Firewarden for the standardization of equipment and facilities.
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κ2015 Statutes of Nevada, Page 2002 (CHAPTER 357, AB 163)κ
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2.ββIn lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:
(a)βProvide the fire protection required by NRS 474.460 to 474.540, inclusive, and section 7.7 of this act to the districts by entering into agreements with other agencies or rangeland fire protection associations as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of such protection to the districts; or
(b)βSupport volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, and section 7.7 of this act for the furnishing of such protection to the districts.
Sec.β10.ββThis act becomes effective:
1.ββUpon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and
2.ββFor all other purposes, on the earlier of:
(a)βJanuary 1, 2016; or
(b)βThe date on which the State Forester Firewarden adopts a temporary regulation, an emergency regulation or a permanent regulation pursuant to chapter 233B of NRS and section 3.5 of this act concerning the formation, operation and training of the members of a rangeland fire protection association.
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Assembly Bill No. 473Committee on Ways and Means
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CHAPTER 358
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[Approved: June 4, 2015]
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AN ACT relating to governmental administration; requiring the appointment of an additional Deputy Director of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Department of Conservation and Natural Resources, consisting of a Director who is appointed by the Governor and several divisions and commissions. (NRS 232.050, 232.090) Under existing law, the Director is required to appoint one Deputy Director of the Department and to assign his or her duties. (NRS 232.055) This bill requires the Director to appoint two Deputy Directors, rather than one, and to assign each of their duties.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 232.055 is hereby amended to read as follows:
232.055ββ1.ββThe Director shall appoint [one] two Deputy [Director] Directors of the Department and shall assign each Deputy Director his or her duties.
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κ2015 Statutes of Nevada, Page 2003 (CHAPTER 358, AB 473)κ
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2.ββ[The] Each Deputy Director is in the unclassified service of the State.
3.ββExcept as otherwise provided in NRS 284.143, [the] each Deputy Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.
Sec.β2.ββAs soon as practicable after July 1, 2015, the Director of the State Department of Conservation and Natural Resources shall appoint one additional Deputy Director of the Department pursuant to NRS 232.055, as amended by section 1 of this act.
Sec.β3.ββThis act becomes effective on July 1, 2015.
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Senate Bill No. 50Committee on Commerce, Labor and Energy
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CHAPTER 359
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[Approved: June 4, 2015]
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AN ACT relating to contractors; deleting the requirement that the State Contractors Board establish an advisory committee concerning the classification of licensure of persons who install or maintain building shell insulation or thermal system insulation; revising the circumstances under which a natural person may qualify on behalf of another for more than one active contractors license; requiring such a person to possess good character; expanding the acts which constitute cause for disciplinary action against a licensee to include certain international codes; expanding the circumstances under which an injured person is not eligible for recovery from the Recovery Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires that the State Contractors Board establish an advisory committee to make recommendations to the Board concerning the licensure of persons who install and maintain building shell or thermal system installation. (NRS 624.100) Section 1 of this bill deletes this requirement.
Existing law requires an applicant for a license as a contractor to demonstrate certain experience or knowledge. Existing law also provides that an applicant may qualify in regard to such knowledge and experience by the appearance of another person on behalf of the applicant. (NRS 624.260) Section 2 of this bill authorizes the Board to inquire into and consider that other persons previous experience and certain legal actions against them. Section 2 also allows a natural person to qualify on behalf of more than one licensee if the licensee is a corporation for public benefit.
Existing law requires that the Board establish the financial responsibility of an applicant or licensee seeking renewal. (NRS 624.236) Section 3 of this bill allows the Board to inquire into and consider the financial responsibility of a person who qualifies on behalf of the applicant or licensee in making a determination of financial responsibility. Existing law requires that the Board establish the good character of an applicant or licensee seeking renewal. (NRS 624.265) Section 4 of this bill allows the Board to request certain information from any person who qualifies on behalf of an applicant or licensee in making a determination of good character.
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κ2015 Statutes of Nevada, Page 2004 (CHAPTER 359, SB 50)κ
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Existing law provides that workmanship by a licensee that is not commensurate with certain codified standards is grounds for disciplinary action. (NRS 624.3017) Section 5 of this bill adds certain international building codes to those standards.
Existing law provides that, subject to certain exceptions, certain persons who suffer actual damages as a result of the acts or omissions of a licensee may be eligible to recover damages from the Recovery Fund maintained by the Board. (NRS 624.510) Section 6 of this bill adds certain exceptions to the eligibility to recover from the Recovery Fund.
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 624.100 is hereby amended to read as follows:
624.100ββ1.ββThe Board may appoint such committees and make such reasonable bylaws, rules of procedure and regulations as are necessary to carry out the provisions of this chapter.
2.ββ[Except as otherwise provided in subsection 3, the] The Board may establish advisory committees composed of its members or employees, homeowners, contractors or other qualified persons to provide assistance with respect to fraud in construction, or in any other area that the Board considers necessary.
3.ββ[The Board shall establish an advisory committee to make recommendations to the Board concerning the classification of licensure of persons who install or maintain building shell insulation or thermal system insulation, including, without limitation, recommendations relating to training and continuing education.
4.]ββIf an advisory committee is established, the Board shall:
(a)βSelect five members for the committee from a list of volunteers approved by the Board; and
(b)βAdopt rules of procedure for informal conferences of the committee.
[5.] 4.ββIf an advisory committee is established, the members:
(a)βServe at the pleasure of the Board.
(b)βServe without compensation, but must be reimbursed for travel expenses necessarily incurred in the performance of their duties. The rate must not exceed the rate provided for state officers and employees generally.
(c)βShall provide a written summary report to the Board, within 15 days after the final informal conference of the committee, that includes recommendations with respect to actions that are necessary to reduce and prevent the occurrence of fraud in construction, or on such other issues as requested by the Board.
[6.] 5.ββThe Board is not bound by any recommendation made by an advisory committee.
[7.ββAs used in this section:
(a)βBuilding shell insulation means a product that is used as part of the building which insulates a boundary between indoor and outdoor space or conditioned and unconditioned space, including, without limitation, walls, ceilings or floors.
(b)βThermal system insulation means a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including, without limitation, a pipe, duct, valve, boiler, flue or tank, or equipment on or in a building.]
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κ2015 Statutes of Nevada, Page 2005 (CHAPTER 359, SB 50)κ
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Sec.β2.ββNRS 624.260 is hereby amended to read as follows:
624.260ββ1.ββThe Board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the administrative principles of the contracting business as the Board deems necessary for the safety and protection of the public.
2.ββAn applicant or licensee may qualify in regard to his or her experience and knowledge in the following ways:
(a)βIf a natural person, the applicant or licensee may qualify by personal appearance or by the appearance of his or her responsible managing employee.
(b)βIf a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
Κ If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the Board such information as the Board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.
3.ββThe natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he or she is a bona fide member or employee of that person or firm and when his or her principal or employer is actively engaged as a contractor shall exercise authority in connection with the principal or employers contracting business in the following manner:
(a)βTo make technical and administrative decisions;
(b)βTo hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or herself or through others, or effectively to recommend such action on behalf of the principal or employer; and
(c)βTo devote himself or herself solely to the principal or employers business and not to take any other employment which would conflict with his or her duties under this subsection.
4.ββIf, pursuant to subsection 2, an applicant or licensee intends to qualify by the appearance of another person, the Board may inquire into and consider any previous business experience of, and any prior and pending lawsuits, liens and judgments against, the other person.
5.ββA natural person may not qualify on behalf of another for more than one active license unless:
(a)βOne person owns at least 25 percent of each licensee for which the person qualifies; [or]
(b)βOne licensee owns at least 25 percent of the other licensee [.] ; or
(c)βOne licensee is a corporation for public benefit as defined in NRS 82.021.
[5.]β6.ββExcept as otherwise provided in subsection 6, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the 10 years immediately preceding the filing of the application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which the applicant is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
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κ2015 Statutes of Nevada, Page 2006 (CHAPTER 359, SB 50)κ
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equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
[6.]β7.ββIf the applicant who is applying for licensure has previously qualified for a contractors license in the same classification in which the applicant is applying for licensure, the experience required pursuant to subsection 5 need not be accrued within the 10 years immediately preceding the application.
[7.]β8.ββAs used in this section, journeyman means a person who:
(a)βIs fully qualified to perform, without supervision, work in the classification in which the person is applying for licensure; or
(b)βHas successfully completed:
(1)βA program of apprenticeship for the classification in which the person is applying for licensure that has been approved by the State Apprenticeship Council; or
(2)βAn equivalent program accepted by the Board.
Sec.β3.ββNRS 624.263 is hereby amended to read as follows:
624.263ββ1.ββThe financial responsibility of a licensee or an applicant for a contractors license must be established independently of and without reliance on any assets or guarantees of any owners or managing officers of the licensee or applicant [,] or any person who qualifies on behalf of the licensee or applicant pursuant to subsection 2 of NRS 624.260, but the financial responsibility of [any owners or managing officers of the licensee or applicant] the following persons may be inquired into and considered as a criterion in determining the financial responsibility of the licensee or applicant [.] :
(a)βAny owner of the licensee or applicant;
(b)βAny managing officer of the licensee or applicant; or
(c)βAny person who qualifies on behalf of the licensee or applicant pursuant to subsection 2 of NRS 624.260.
2.ββThe financial responsibility of an applicant for a contractors license or of a licensed contractor may be determined by using the following standards and criteria in connection with each applicant or contractor and each associate or partner thereof:
(a)βAmount of net worth.
(b)βAmount of liquid assets.
(c)βAmount of current assets.
(d)βAmount of current liabilities.
(e)βAmount of working capital.
(f)βRatio of current assets to current liabilities.
(g)βFulfillment of bonding requirements pursuant to NRS 624.270.
(h)βPrior payment and credit records.
(i)βPrevious business experience.
(j)βPrior and pending lawsuits.
(k)βPrior and pending liens.
(l)βAdverse judgments.
(m)βConviction of a felony or crime involving moral turpitude.
(n)βPrior suspension or revocation of a contractors license in Nevada or elsewhere.
(o)βAn adjudication of bankruptcy or any other proceeding under the federal bankruptcy laws, including:
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κ2015 Statutes of Nevada, Page 2007 (CHAPTER 359, SB 50)κ
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(1)βA composition, arrangement or reorganization proceeding;
(2)βThe appointment of a receiver of the property of the applicant or contractor or any officer, director, associate or partner thereof under the laws of this State or the United States; or
(3)βThe making of an assignment for the benefit of creditors.
(p)βForm of business organization, corporate or otherwise.
(q)βInformation obtained from confidential financial references and credit reports.
(r)βReputation for honesty and integrity of the applicant or contractor or any officer, director, associate or partner thereof.
3.ββA licensed contractor shall, as soon as it is reasonably practicable, notify the Board in writing upon the filing of a petition or application relating to the contractor that initiates any proceeding, appointment or assignment set forth in paragraph (o) of subsection 2. The written notice must be accompanied by:
(a)βA copy of the petition or application filed with the court; and
(b)βA copy of any order of the court which is relevant to the financial responsibility of the contractor, including any order appointing a trustee, receiver or assignee.
4.ββBefore issuing a license to an applicant who will engage in residential construction or renewing the license of a contractor who engages in residential construction, the Board may require the applicant or licensee to establish financial responsibility by submitting to the Board:
(a)βA financial statement that is:
(1)βPrepared by a certified public accountant; or
(2)βSubmitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and
(b)βA statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.
5.ββIn addition to the requirements set forth in subsection 4, the Board may require a licensee to establish financial responsibility at any time.
6.ββAn applicant for an initial contractors license or a licensee applying for the renewal of a contractors license has the burden of demonstrating financial responsibility to the Board, if the Board requests the applicant or licensee to do so.
Sec.β4.ββNRS 624.265 is hereby amended to read as follows:
624.265ββ1.ββAn applicant for a contractors license or a licensed contractor , [and] each officer, director, partner and associate thereof , and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, [or] any officer, director, partner or associate thereof, or any person who qualifies on behalf of the applicant has:
(a)βCommitted any act which would be grounds for the denial, suspension or revocation of a contractors license;
(b)βA bad reputation for honesty and integrity;
(c)βEntered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
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or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
(d)βHad a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
2.ββUpon the request of the Board, an applicant for a contractors license, [and] any officer, director, partner or associate of the applicant [,] and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicants background and the submission of the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicants fingerprints may be taken by an agent of the Board or an agency of law enforcement.
3.ββExcept as otherwise provided in NRS 239.0115, the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.
4.ββThe Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
5.ββThe Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:
(a)βArrests;
(b)βGuilty and guilty but mentally ill pleas;
(c)βSentencing;
(d)βProbation;
(e)βParole;
(f)βBail;
(g)βComplaints; and
(h)βFinal dispositions,
Κ for the investigation of a licensee or an applicant for a contractors license.
Sec.β5.ββNRS 624.3017 is hereby amended to read as follows:
624.3017ββThe following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1.ββWorkmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the [Uniform Building Code,] Uniform Plumbing Code , [or] National Electrical Code , International Building Code or International Residential Code in the form of the code most recently approved by the Board. The Board shall review each edition of the [Uniform Building Code,] Uniform Plumbing Code , [or] National Electrical Code , International Building Code or International Residential Code that is published after the 1996 edition to ensure its suitability.
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κ2015 Statutes of Nevada, Page 2009 (CHAPTER 359, SB 50)κ
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suitability. Each new edition of the code shall be deemed approved by the Board unless the edition is disapproved by the Board within 60 days of the publication of the code.
2.ββAdvertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
3.ββAdvertising projects of construction beyond the scope of the license.
Sec.β6.ββNRS 624.510 is hereby amended to read as follows:
624.510ββ1.ββExcept as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.
2.ββAn injured person is not eligible for recovery from the account if:
(a)βThe injured person is [the spouse of] cohabitating with the licensee, is related to the licensee by marriage [the licensee,] or by blood in the first or second degree of consanguinity, or is a personal representative of [the spouse of] a person cohabitating with the licensee or related to the licensee by marriage [the licensee;] or by blood in the first or second degree of consanguinity;
(b)βThe injured person was associated in a business relationship with the licensee other than the contract at issue; [or]
(c)βAt the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300 [.] ;
(d)βThe injured person:
(1)βApplied for and obtained any building permit for the single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account; or
(2)βConstructed the residence as the owner-builder of the residence;
(e)βThe claim submitted by the injured person for recovery from the account contains:
(1)βA false or misleading statement; or
(2)βA forged or altered receipt or other document which includes an improvement, upgrade or work that exceeds the scope of the contract at issue;
(f)βThe injured person is a lien claimant who has not filed a lien in accordance with the provisions of NRS 108.221 to 108.246, inclusive; or
(g)βThe single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account was constructed, remodeled, repaired or improved with the intent of renting, leasing or selling the residence within 1 year after the date of completion of the construction, remodeling, repair or improvement. The offering of the residence for rent, lease or sale within 1 year after that date creates a rebuttable presumption that the construction, remodeling, repair or improvement was performed with the intent to rent, lease or sell the residence.
3.ββIf the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the Board or its designee may pay out of the account:
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(a)βThe amount of actual damages suffered, but not to exceed $35,000; or
(b)βIf a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $35,000.
4.ββThe decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.
5.ββIf the injured person has recovered a portion of his or her loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.
6.ββTo the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.
7.ββThe amount of recovery from the account based upon claims made against any single contractor must not exceed $400,000.
8.ββAs used in this section, actual damages includes attorneys fees or costs in contested cases appealed to the appellate court of competent jurisdiction. The term does not include any other attorneys fees or costs.
Sec.β7.ββ1.ββThis section and section 1 of this act become effective upon passage and approval.
2.ββSections 2 to 6, inclusive, of this act become effective on October 1, 2015.
________
Assembly Bill No. 451Committee on Taxation
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CHAPTER 360
Β
[Approved: June 5, 2015]
Β
AN ACT relating to public improvements; extending the prospective dissolution of the University of Nevada, Las Vegas, Campus Improvement Authority; extending the terms of the members of the Board of Directors of the Authority; enlarging the boundaries of the Authority area; revising the date on which the Board of Directors must submit for transmittal to the Legislature a report of the study concerning the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Assembly Bill No. 335 of the 2013 Legislative Session creates the University of Nevada, Las Vegas, Campus Improvement Authority as a political subdivision of this State. Assembly Bill No. 335 prescribes the boundaries of the Authority area and provides the qualifications and the procedure for the appointment of the members of the Board of Directors of the Authority. The duties of the Board of Directors include: (1) studying the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area; and (2) preparing and submitting for transmittal to the Legislature a report of the study, including any recommendations for legislation.
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report of the study, including any recommendations for legislation. Assembly Bill No. 335 provides for the dissolution of the Authority on October 1, 2015. (Chapter 507, Statutes of Nevada 2013, p. 3299) Section 1 of this bill enlarges the boundaries of the Authority area to include all parcels of property that are located not more than 1 1/2 miles from any property currently located within the boundaries of the Authority area. Section 6 of this bill extends the prospective dissolution of the Authority from October 1, 2015, to October 1, 2017. Section 2 of this bill extends the terms of the members of the Board of Directors from 2 years to 4 years. Section 4 of this bill retroactively extends the date by which the Board of Directors is required to submit its report for transmittal to the Legislature from September 30, 2014, to September 30, 2016. Section 3 of this bill authorizes the Board of Directors to hold its meetings in the county in which the Authority area is located.
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββSection 4.5 of chapter 507, Statutes of Nevada 2013, at page 3300, is hereby amended to read as follows:
Sec.β4.5.ββAuthority area means the area that consists of:
1.ββAll of the property within the area bounded by Maryland Parkway, Tropicana Avenue, Swenson Street and Flamingo Avenue in Clark County which is either:
(a)βOwned by the System or a related entity on the effective date of this act; or
(b)βBeing leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act;
2.ββAll other parcels of property that are administered by the University or constitute a part of the campus of the University which are:
(a)βContiguous, except for any public or utility rights-of-way, to the property described in subsection 1; and
(b)βEither:
(1)βOwned by the System or a related entity on the effective date of this act; or
(2)βBeing leased to the System or a related entity on the effective date of this act under a lease with a term of at least 20 years remaining after the effective date of this act; [and]
3.ββAny public or utility rights-of-way located within or immediately adjacent to any of the property described in subsections 1 and 2 [.] ; and
4.ββAll other parcels of property any portion of which is located not more than 1 1/2 miles from any property described in subsections 1, 2 and 3.
Sec.β2.ββSection 18 of chapter 507, Statutes of Nevada 2013, at page 3302, is hereby amended to read as follows:
Sec.β18.ββ1.ββOn or before August 31, 2013, the Board of Regents may appoint four of the members of the Board of Directors pursuant to paragraph (a) of subsection 1 of section 17 of this act to terms that commence on October 1, 2013, and expire on September 30, [2015.] 2017. The provisions of this subsection do not require the Board of Regents to make the appointments authorized by this subsection.
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this subsection. Any determination by the Board of Regents to make those appointments is in the sole discretion of the Board of Regents.
2.ββIf the Board of Regents makes the appointments authorized by subsection 1:
(a)βThe Governor shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (b) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;
(b)βThe Majority Leader of the Senate shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (c) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;
(c)βThe Speaker of the Assembly shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (d) of subsection 1 of section 17 of this act to a term that commences on October 1, 2013, and expires on September 30, [2015;] 2017;
(d)βThe Board of County Commissioners of the County shall, on or before September 30, 2013, appoint the member of the Board of Directors pursuant to paragraph (e) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, [2015;] 2017; and
(e)βThe County Fair and Recreation Board of the County shall, on or before September 30, 2013:
(1)βAppoint the member of the Board of Directors pursuant to paragraph (f) of subsection 1 of section 17 of this act to an initial term that commences on October 1, 2013, and expires on September 30, [2015;] 2017; and
(2)βPrepare a list of not less than two nominees to be appointed pursuant to paragraph (g) of subsection 1 of section 17 of this act and submit the list to the members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (d), inclusive, of subsection 2.
3.ββThe members of the Board of Directors appointed pursuant to subsection 1 and paragraphs (a) to (e), inclusive, of subsection 2 shall, on or before October 31, 2013, appoint two of the members of the Board of Directors pursuant to paragraph (g) of subsection 1 of section 17 of this act to an initial term that expires on September 30, [2015.] 2017.
Sec.β3.ββSection 19 of chapter 507, Statutes of Nevada 2013, at page 3303, is hereby amended to read as follows:
Sec.β19.ββ1.ββThe Board of Directors shall hold an organizational meeting during October of 2013. At that meeting:
(a)βThe members of the Board appointed pursuant to paragraphs (a) to (f), inclusive, of subsection 1 of section 17 of this act shall appoint any other members required to be appointed by those members; and
(b)βAfter the provisions of paragraph (a) have been carried out, the Board shall appoint:
(1)βOne of its members as Chair;
(2)βOne of its members as Vice Chair; and
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(3)βA Secretary and a Treasurer, who may be members of the Board and may be one person.
2.ββThe Vice Chair of the Board of Directors shall serve as Chair when the position of Chair is vacant or when the Chair is absent from any meeting.
3.ββThe Board of Directors shall meet regularly in the county in which the Authority area is located at such times and places as it designates. Special meetings may be held at the call of the Chair, upon notice to each member of the Board, as often as the needs of the Board require.
4.ββExcept as otherwise provided in subsection 5 of NRS 281A.420:
(a)βEight of the members of the Board of Directors constitute a quorum at any meeting of the Board.
(b)βThe Board of Directors may take action only by a motion or resolution adopted with the approval of at least eight members of the Board.
5.ββThe Board of Directors constitutes a public body for the purposes of chapter 241 of NRS.
Sec.β4.ββSection 24.5 of chapter 507, Statutes of Nevada 2013, at page 3304, is hereby amended to read as follows:
Sec.β24.5.ββThe Board of Directors:
1.ββShall study the need for, feasibility of and financing alternatives for a large events center and other required infrastructure and supporting improvements in the Authority area.
2.ββUpon determination pursuant to subsection 1 that a large events center is needed and feasible, the Board may develop recommendations for such a large events center including, without limitation, the type and general design of the center and the approximate seats to be included in the center. To the extent money is available for this purpose, the Board may also calculate a preliminary cost for construction of such a center and other required infrastructure and supporting improvements, basing such a calculation on the use of the State Public Works Board as the building official having jurisdiction over the project.
3.ββMay study the need for, feasibility of and financing alternatives for any other undertaking.
4.ββShall prepare a report which provides the results, conclusions and recommendations of its study or studies conducted pursuant to subsections 1 and 2. The report must be submitted to the Director of the Legislative Counsel Bureau by September 30, [2014,] 2016, for transmittal to and consideration by the [78th] 79th Session of the Nevada Legislature. The report may include recommendations for legislation to carry out the recommendations of the Board.
5.ββMay, if so provided in an agreement with the System, assist the System in planning and designing any improvements to the Thomas and Mack Center that are financed:
(a)βWholly or in part with state general obligation bonds payable from the tax on slot machines imposed by NRS 463.385; and
(b)βBefore the dissolution of the Authority.
6.ββMay accept gifts, grants and other contributions from any source, including, without limitation, the Federal Government, the State and any local government for the purposes of carrying out the provisions of this section and defraying the expenses of the Board.
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State and any local government for the purposes of carrying out the provisions of this section and defraying the expenses of the Board. If so provided in an agreement between the Authority and the System, contributions pursuant to this subsection may be made through a university foundation which is organized to support the University pursuant to NRS 396.405.
Sec.β5.ββSection 35 of chapter 507, Statutes of Nevada 2013, at page 3305, is hereby amended to read as follows:
Sec.β35.ββ1.ββExcept as otherwise provided in subsection 2, the Board of Directors shall wind up the affairs of the Authority and dissolve the Authority on September 30, [2015.] 2017.
2.ββThe Board of Directors may, by an affirmative vote of at least eight members, wind up the affairs of the Authority and dissolve the Authority before September 30, [2015,] 2017, if the Authority has no outstanding obligations as of the date of dissolution.
3.ββUpon the dissolution of the Authority:
(a)βAll money and other assets of the Authority, to the extent such money and other assets are not needed to satisfy outstanding obligations of the Authority, become the property of the System.
(b)βAll obligations of the Authority that cannot be satisfied with the money and other assets of the Authority on the date of its dissolution are void as of the date of dissolution and are not liabilities of the System or this State.
Sec.β6.ββSection 40 of chapter 507, Statutes of Nevada 2013, at page 3306, is hereby amended to read as follows:
Sec.β40.ββ[1.]ββThis act becomes effective upon passage and approval [.
2.ββExcept as otherwise provided in subsection 3, this act] and expires by limitation on October 1, [2015.
3.ββThis act expires by limitation on August 31, 2013, unless, on or before that date, the Board of Regents of the University of Nevada makes the appointments authorized by subsection 1 of section 18 of this act.] 2017.
Sec.β7.ββThis act becomes effective upon passage and approval.
________
Assembly Bill No. 8Committee on Judiciary
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CHAPTER 361
Β
[Approved: June 5, 2015]
Β
AN ACT relating to children; revising provisions concerning advertisements for the placement of children for adoption or permanent free care; prohibiting the use of restraints on children during court proceedings under certain circumstances unless ordered by the court; prohibiting certain transfers of children; prohibiting the trafficking of children; providing a penalty; and providing other matters properly relating thereto.
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Legislative Counsels Digest:
Existing law provides that any person or organization, other than an agency which provides child welfare services or a licensed child-placing agency, who advertises in any periodical or newspaper, or by radio or other public medium, that the person or organization will place children for adoption or accept, supply, provide or obtain children for adoption is guilty of a misdemeanor. (NRS 127.310) Section 1 of this bill specifically applies this prohibition to a person or organization who advertises through a computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account.
Section 3.5 of this bill prohibits the use of an instrument of restraint on a child during a court proceeding, unless the restraint is necessary to prevent the child from inflicting harm on himself or herself or another person or to prevent the child from escaping the courtroom. Section 3.5 further requires the court to hold a hearing under certain circumstances to determine whether the use of an instrument of restraint on a child is necessary and to consider certain factors in making its determination. Under section 3.5, the court must make specific findings of fact and conclusions of law to support its determination.
Section 4 of this bill enacts provisions prohibiting the trafficking of children. Section 4 provides that a person shall not recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of a child or a person with custody of a child places the child in the physical custody of another person who is not related to the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child. Section 4 further provides that certain placements of a child are not prohibited, including, without limitation, the placement of a child with a relative or stepparent, the placement of a child with or by a licensed child-placing agency or agency which provides child welfare services and the placement of a child with a person that is approved by a court of competent jurisdiction. A person who violates section 4 is guilty of a category C felony, and section 5 of this bill requires a court to order that a person convicted of a violation of section 4 pay restitution to the victim of the crime.
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββNRS 127.310 is hereby amended to read as follows:
127.310ββ1.ββExcept as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than an agency which provides child welfare services who, without holding a valid unrevoked license to place children for adoption issued by the Division:
(a)βPlaces, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
(b)βAdvertises [in any periodical or newspaper, or by radio or other public medium,] that he or she will place children for adoption [,] or permanent free care, or accept, supply, provide or obtain children for adoption [,] or permanent free care, or causes any advertisement to be [published in or by any public medium] disseminated soliciting, requesting or asking for any child or children for adoption [,] or permanent free care,
Κ is guilty of a misdemeanor.
2.ββAny person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280, 127.2805 and 127.2815 is guilty of a misdemeanor.
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3.ββA periodical, newspaper, radio station , Internet website or other public medium is not subject to any criminal penalty or civil liability for [publishing or broadcasting] disseminating an advertisement that violates the provisions of this section.
4.ββA child-placing agency shall include in any advertisement concerning its services [published in any periodical or newspaper or by radio or other public medium] a statement which:
(a)βConfirms that the child-placing agency holds a valid, unrevoked license issued by the Division; and
(b)βIndicates any license number issued to the child-placing agency by the Division.
5.ββAs used in this section:
(a)βAdvertise or advertisement means a communication that originates within this State by any public medium, including, without limitation, a newspaper, periodical, telephone book listing, outdoor advertising, sign, radio, television or a computerized communication system, including, without limitation, electronic mail, an Internet website or an Internet account.
(b)βInternet account means an account created within a bounded system established by an Internet-based service that requires a user to input or store information in an electronic device in order to view, create, use or edit the account information, profile, display, communications or stored data of the user.
Secs.β2 and 3.ββ(Deleted by amendment.)
Sec.β3.5.ββChapter 62D of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββAn instrument of restraint may be used on a child during a court proceeding only if the restraint is necessary to prevent the child from:
(a)βInflicting physical harm on himself or herself or another person; or
(b)βEscaping from the courtroom.
2.ββWhenever practical, the judge shall provide the:
(a)βChild and his or her attorney an opportunity to be heard regarding the use of an instrument of restraint before the judge orders the use of an instrument of restraint.
(b)βProsecuting attorney an opportunity to be heard regarding whether the use of an instrument of restraint is necessary pursuant to subsection 1.
3.ββIn making a determination pursuant to subsection 2 as to whether an instrument of restraint is necessary pursuant to subsection 1, the court shall consider the following factors:
(a)βAny previous escapes or attempted escapes by the child.
(b)βEvidence of a present plan of escape by the child.
(c)βA credible threat by the child to harm himself or herself or another person.
(d)βA history of self-destructive tendencies by the child.
(e)βAny credible threat of an attempt to escape by a person not in custody.
(f)βWhether the child is subject to a proceeding:
(1)βThat is not in the jurisdiction of the juvenile court pursuant to subsection 3 of NRS 62B.330; or
(2)βFor transfer or certification for criminal proceedings as an adult pursuant to NRS 62B.335, 62B.390 or 62B.400.
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(g)βAny other factor that is relevant in determining whether the use of an instrument of restraint on the child is necessary pursuant to subsection 1.
4.ββThe determination of the judge pursuant to subsection 2 must contain specific findings of fact and conclusions of law supporting the determination.
5.ββIf an instrument of restraint is used on a child, the restraint must allow the child limited movement of his or her hands to hold any document or writing necessary to participate in the proceeding.
6.ββAs used in this section, instrument of restraint includes, without limitation, handcuffs, chains, irons and straightjackets.
Sec.β4.ββChapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1.ββExcept as otherwise provided in this section, a person shall not:
(a)βRecruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of the child or a person with custody of the child places the child in the physical custody of another person who is not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.
(b)βSell, transfer or arrange for the sale or transfer of a child to another person for money or anything of value or receive a child in exchange for money or anything of value.
2.ββThe provisions of subsection 1 do not apply to:
(a)βA placement of a child with a relative, stepparent, child-placing agency or an agency which provides child welfare services;
(b)βA placement of a child by a child-placing agency or an agency which provides child welfare services;
(c)βA temporary placement of a child with another person by a parent of the child or a person with legal or physical custody of the child, with an intent to return for the child, including, without limitation, a temporary placement of a child while the parent of the child or the person with legal or physical custody of the child is on vacation, incarcerated, serving in the military, receiving medical treatment or incapacitated;
(d)βA placement of a child in accordance with NRS 127.330, 159.205 or 159.215;
(e)βA placement of a child that is approved by a court of competent jurisdiction; or
(f)βDelivery of a child to a provider of emergency services pursuant to NRS 432B.630.
3.ββA person who violates the provisions of subsection 1 is guilty of trafficking in children and shall be punished for a category C felony as provided in NRS 193.130.
4.ββAs used in this section:
(a)βAdvertise has the meaning ascribed to it in NRS 127.310.
(b)βAgency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
(c)βChild means a person who is less than 18 years of age.
(d)βChild-placing agency has the meaning ascribed to it in NRS 127.220.
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Sec.β5.ββNRS 200.469 is hereby amended to read as follows:
200.469ββ1.ββIn addition to any other penalty, the court may order a person convicted of violation of any provision of NRS 200.467 or 200.468 or section 4 of this act to pay restitution to the victim as provided in subsection 2.
2.ββRestitution ordered pursuant to this section may include, without limitation:
(a)βThe cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;
(b)βThe cost of transportation, temporary housing and child care;
(c)βThe return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;
(d)βExpenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;
(e)βThe cost of repatriation of the victim to his or her home country, if applicable; and
(f)βAny and all other losses suffered by the victim as a result of the violation of any provision of NRS 200.467 or 200.468 [.] or section 4 of this act.
3.ββThe return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.
4.ββAs used in this section, victim means any person:
(a)βAgainst whom a violation of any provision of NRS 200.467 or 200.468 or section 4 of this act has been committed; or
(b)βWho is the surviving child of such a person.
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κ2015 Statutes of Nevada, Page 2019κ
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Assembly Bill No. 51Committee on Judiciary
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CHAPTER 362
Β
[Approved: June 5, 2015]
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AN ACT relating to securities; requiring broker-dealers and investment advisers to provide training to certain persons concerning identifying the suspected exploitation of an older person or vulnerable person; requiring certain persons who work for broker-dealers and investment advisers to report the suspected or known exploitation of an older person or vulnerable person; authorizing the Administrator of the Securities Division of the Office of the Secretary of State to adopt regulations relating to the federal Jumpstart Our Business Startups Act; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Uniform Securities Act which sets forth provisions governing the sale and purchase of securities in this State in a manner consistent with federal laws and regulations. (Chapter 90 of NRS) Sections 9.2-9.9 of this bill require broker-dealers and investment advisers to provide training to certain persons concerning the identification and reporting of suspected exploitation of older persons and vulnerable persons. Older person is defined in existing law as a person who is 60 years of age or older. Vulnerable person is defined in existing law as a person who is 18 years of age or older who: (1) suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or (2) has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living. (NRS 200.5092) Section 9.8 specifies which sales representatives, representatives of an investment adviser and officers and employees of broker-dealers or investment advisers must receive the training, when the training must be provided and the content of the training. Section 9.8 further requires those persons to report incidents that reasonably appear to be exploitation of an older person or vulnerable person. Section 9.9 requires each broker-dealer and investment adviser to designate a person to whom such reports must be made. The person so designated is then responsible for determining when a formal report must be reported to the appropriate agency.
Existing law authorizes the imposition or granting of certain actions and penalties against a person who has violated any provision of state law or a regulation or order of the Administrator of the Securities Division of the Office of the Secretary of State relating to securities, including civil penalties, restitution and costs of investigation and prosecution of such a violation. (NRS 90.630, 90.640, 90.650) Sections 11-13 of this bill revise those provisions to include, if the violation was committed against an older person or vulnerable person, the imposition or granting of civil penalties, restitution and costs of investigation and prosecution in amounts equal to twice the amounts that would otherwise have been imposed or granted.
Section 10 of this bill authorizes the Administrator to adopt regulations consistent with the federal Jumpstart Our Business Startups Act (Pub. L. No. 112-106), including regulations relating to the creation and oversight of funding portals for the purchase of securities.
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κ2015 Statutes of Nevada, Page 2020 (CHAPTER 362, AB 51)κ
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Secs.β2-9.ββ(Deleted by amendment.)
Sec.β9.2.ββAs used in sections 9.2 to 9.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9.3 to 9.7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.β9.3.ββDesignated reporter means a person designated by a broker-dealer or investment adviser to receive reports of known or suspected exploitation of an older person or vulnerable person pursuant to section 9.9 of this act.
Sec.β9.4.ββExploitation has the meaning ascribed to it in subsection 2 of NRS 200.5092.
Sec.β9.5.ββOlder person has the meaning ascribed to it in subsection 5 of NRS 200.5092.
Sec.β9.6.ββReasonable cause to believe has the meaning ascribed to it in NRS 200.50925.
Sec.β9.7.ββVulnerable person has the meaning ascribed to it in subsection 7 of NRS 200.5092.
Sec.β9.8.ββ1.ββEach broker-dealer and investment adviser shall provide training concerning the identification and reporting of the suspected exploitation of an older person or vulnerable person to each sales representative, representative of the investment adviser and officer and employee of the broker-dealer or investment adviser who may:
(a)βAs part of his or her regular duties for the broker-dealer or investment adviser, come into direct contact with an older person or vulnerable person;
(b)βReview or approve the financial documents, records or transactions of an older person or vulnerable person in connection with the offer, sale or purchase of securities; or
(c)βOffer advice as to the value or advisability of investing in, purchasing or selling securities to an older person or vulnerable person.
2.ββThe training required pursuant to subsection 1:
(a)βMust be provided as soon as reasonably practicable, but not later than 6 months after the sales representative, representative of the investment adviser or officer or employee is employed by the broker-dealer or investment adviser; and
(b)βMay be part of any existing continuing education or training program required to be completed by the sales representative, representative of the investment adviser or officer or employee of the broker-dealer or investment adviser.
3.ββThe training required pursuant to subsection 1 must include, without limitation:
(a)βAn explanation of the conduct which constitutes exploitation of an older person or vulnerable person;
(b)βThe manner in which exploitation of an older person or vulnerable person may be recognized;
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κ2015 Statutes of Nevada, Page 2021 (CHAPTER 362, AB 51)κ
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(c)βInformation concerning the manner in which reports of exploitation of an older person or vulnerable person are investigated; and
(d)βInstruction concerning when and how to report known or suspected exploitation of an older person or vulnerable person.
4.ββA sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser who has observed or has knowledge of an incident that is directly related to a transaction or matter which is within his or her scope of practice and which reasonably appears to be exploitation of an older person or vulnerable person shall report the known or suspected exploitation to a designated reporter pursuant to section 9.9 of this act.
Sec.β9.9.ββ1.ββEach broker-dealer and investment adviser shall designate a person or persons to whom a sales representative, representative of the investment adviser or officer or employee of the broker-dealer or investment adviser must report known or suspected exploitation of an older person or vulnerable person.
2.ββIf a sales representative, representative of an investment adviser or officer or employee of the broker-dealer or investment adviser reports known or suspected exploitation of an older person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person has been exploited, the designated reporter shall:
(a)βExcept as otherwise provided in subsection 3, report the known or suspected exploitation of the older person to:
(1)βThe local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2)βA police department or sheriffs office;
(3)βThe countys office for protective services, if one exists in the county where the suspected exploitation occurred; or
(4)βA toll-free telephone service designated by the Aging and Disability Services Division; and
(b)βMake such a report as soon as reasonably practicable.
3.ββIf the designated reporter knows or has reasonable cause to believe that the exploitation of an older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the agency alleged to have committed the act or omission.
4.ββIf a sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:
(a)βExcept as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and
(b)βMake such a report as soon as reasonably practicable.
5.ββIf the designated reporter knows or has reasonable cause to believe that the exploitation of a vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the agency alleged to have committed the act or omission.
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κ2015 Statutes of Nevada, Page 2022 (CHAPTER 362, AB 51)κ
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law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the agency alleged to have committed the act or omission.
6.ββIn accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:
(a)βDisclose any fact or information that forms the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and
(b)βProvide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.
7.ββA sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser and a designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report pursuant to this section in good faith.
Sec.β10.ββ1.ββThe Administrator may adopt, by regulation or order, any filing requirements, registration exemptions and licensing requirements which are consistent with the Jumpstart Our Business Startups Act, Public Law 112-106, and any regulation adopted pursuant thereto by the United States Securities and Exchange Commission, including, without limitation, regulations relating to the creation and oversight of funding portals.
2.ββAs used in this section, funding portal has the meaning ascribed to it in section 3(a)(80) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78a et seq.
Sec.β11.ββNRS 90.630 is hereby amended to read as follows:
90.630ββ1.ββIf the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that:
(a)βThe sale of a security is subject to registration under this chapter and the security is being offered or has been offered or sold by the issuer or another person in violation of NRS 90.460; or
(b)βA person is acting as a broker-dealer or investment adviser in violation of NRS 90.310 or 90.330,
Κ the Administrator, in addition to any specific power granted under this chapter and subject to compliance with the requirements of NRS 90.820, may issue, without a prior hearing, a summary order against the person engaged in the prohibited activities, directing the person to desist and refrain from further activity until the security is registered or the person is licensed under this chapter. The summary order to cease and desist must state the section of this chapter or regulation or order of the Administrator under this chapter which the Administrator reasonably believes has been or is being violated.
2.ββIf the Administrator reasonably believes, whether or not based upon an investigation conducted under NRS 90.620, that a person has violated this chapter or a regulation or order of the Administrator under this chapter, the Administrator, in addition to any specific power granted under this chapter, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:
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κ2015 Statutes of Nevada, Page 2023 (CHAPTER 362, AB 51)κ
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(a)βIssue an order against the person to cease and desist;
(b)βCensure the person if he or she is a licensed broker-dealer, sales representative, investment adviser or representative of an investment adviser;
(c)βBar or suspend the person from association with a licensed broker-dealer or investment adviser in this State;
(d)βIssue an order against an applicant, licensed person or other person who willfully violates this chapter, imposing a civil penalty of not more than $25,000 for each violation [;] or , if the violation was committed against an older person or vulnerable person, a civil penalty equal to twice the amount of the civil penalty that would otherwise have been imposed pursuant to this paragraph, not to exceed $50,000 for each violation; or
(e)βInitiate one or more of the actions specified in NRS 90.640.
3.ββIf the person to whom the notice is addressed pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives the right to a hearing and the Administrator shall issue a permanent order. If a hearing is requested, the Administrator shall set the matter for hearing not less than 15 days nor more than 60 days after the Administrator receives the request for a hearing. The Administrator shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.
4.ββImposition of the sanctions under this section is limited as follows:
(a)βIf the Administrator revokes the license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser or bars a person from association with a licensed broker-dealer or investment adviser under this section or NRS 90.420, the imposition of that sanction precludes imposition of a civil penalty under subsection 2; and
(b)βThe imposition by the Administrator of one or more sanctions under subsection 2 with respect to a specific violation precludes the Administrator from later imposing any other sanctions under paragraphs (a) to (d), inclusive, of subsection 2 with respect to the violation.
5.ββFor the purposes of determining any sanction to be imposed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, the Administrator shall consider, among other factors, the frequency and persistence of the conduct constituting a violation of this chapter, or a regulation or order of the Administrator under this chapter, the number of persons adversely affected by the conduct and the resources of the person committing the violation.
6.ββIf a sanction is imposed pursuant to this section, reimbursement for the costs of the proceeding, including investigative costs and attorneys fees incurred, may be ordered and recovered by the Administrator. Money recovered for reimbursement of the investigative costs and attorneys fees must be deposited in the State General Fund for credit to the Secretary of States Operating General Fund Budget Account.
7.ββAs used in this section:
(a)βExploitation has the meaning ascribed to it in subsection 2 of NRS 200.5092.
(b)βOlder person has the meaning ascribed to it in subsection 5 of NRS 200.5092.
(c)βVulnerable person has the meaning ascribed to it in subsection 7 of NRS 200.5092.
Sec.β12.ββNRS 90.640 is hereby amended to read as follows:
90.640ββ1.ββUpon a showing by the Administrator that a person has violated or is about to violate this chapter, or a regulation or order of the Administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:
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κ2015 Statutes of Nevada, Page 2024 (CHAPTER 362, AB 51)κ
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Administrator under this chapter, the appropriate district court may grant or impose one or more of the following appropriate legal or equitable remedies:
(a)βUpon a showing that a person has violated this chapter, or a regulation or order of the Administrator under this chapter, the court may singly or in combination:
(1)βIssue a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;
(2)βImpose a civil penalty of not more than $25,000 for each violation [;] or, if the violation was committed against an older person or vulnerable person, a civil penalty equal to twice the amount of the civil penalty that would otherwise have been imposed pursuant to this subparagraph, not to exceed $50,000 for each violation;
(3)βIssue a declaratory judgment;
(4)βOrder restitution to investors [;] which, if the violation was committed against an older person or vulnerable person, must be in an amount equal to twice the amount of restitution that would otherwise have been ordered pursuant to this subparagraph;
(5)βProvide for the appointment of a receiver or conservator for the defendant or the defendants assets;
(6)βOrder payment of the Divisions investigative costs [; or] which, if the violation was committed against an older person or vulnerable person, must be in an amount equal to twice the amount of the Divisions investigative costs that would otherwise have been ordered for payment pursuant to this subparagraph; or
(7)βOrder such other relief as the court deems just.
(b)βUpon a showing that a person is about to violate this chapter, or a regulation or order of the Administrator under this chapter, a court may issue:
(1)βA temporary restraining order;
(2)βA temporary or permanent injunction; or
(3)βA writ of prohibition or mandamus.
2.ββIn determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the Administrator under NRS 90.630 in connection with the transactions constituting violations of this chapter or a regulation or order of the Administrator under this chapter. If a remedial action is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Administrator.
3.ββThe court shall not require the Administrator to post a bond in an action under this section.
4.ββUpon a showing by the administrator or securities agency of another state that a person has violated the securities act of that state or a regulation or order of the administrator or securities agency of that state, the appropriate district court may grant, in addition to any other legal or equitable remedies, one or more of the following remedies:
(a)βAppointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendants assets located in this State; or
(b)βOther relief as the court deems just.
5.ββAs used in this section:
(a)βExploitation has the meaning ascribed to it in subsection 2 of NRS 200.5092.
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κ2015 Statutes of Nevada, Page 2025 (CHAPTER 362, AB 51)κ
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(b)βOlder person has the meaning ascribed to it in subsection 5 of NRS 200.5092.
(c)βVulnerable person has the meaning ascribed to it in subsection 7 of NRS 200.5092.
Sec.β13.ββNRS 90.650 is hereby amended to read as follows:
90.650ββ1.ββA person who willfully violates:
(a)βA provision of this chapter, except NRS 90.600, or who violates NRS 90.600 knowing that the statement made is false or misleading in any material respect;
(b)βA regulation adopted pursuant to this chapter; or
(c)βAn order denying, suspending or revoking the effectiveness of registration or an order to cease and desist issued by the Administrator pursuant to this chapter,
Κ 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 20 years, or by a fine of not more than $500,000, or by both fine and imprisonment, for each violation. In addition to any other penalty, the court shall order the person to pay restitution and may order the person to repay the costs of investigation and prosecution incurred by the Division and the Office of the Attorney General. If the violation was committed against an older person or vulnerable person, any restitution and costs of investigation and prosecution imposed by the court must be in an amount equal to twice the amount that would otherwise have been imposed by the court. Money recovered for reimbursement of the costs of investigation and prosecution must be deposited in the State General Fund for credit to the Secretary of States Operating General Fund Budget Account.
2.ββA person convicted of violating a regulation or order under this chapter may be fined, but must not be imprisoned, if the person proves lack of knowledge of the regulation or order.
3.ββThis chapter does not limit the power of the State to punish a person for conduct which constitutes a crime under other law.
Sec.β14.ββThis act becomes effective on July 1, 2015.
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Assembly Bill No. 121Assemblymen Wheeler, Ellison, Jones; Dickman, Moore, ONeill and Oscarson
Β
CHAPTER 363
Β
[Approved: June 5, 2015]
Β
AN ACT relating to education; prohibiting a school from disciplining certain pupils for simulating a firearm or dangerous weapon or wearing clothing or accessories that depict a firearm or dangerous weapon or express certain opinions except in certain circumstances; and providing other matters properly relating thereto.
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κ2015 Statutes of Nevada, Page 2026 (CHAPTER 363, AB 121)κ
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Legislative Counsels Digest:
Existing law requires a school to suspend or expel a pupil for possessing a firearm or dangerous weapon while on the premises of any public school, attending an activity sponsored by a public school or on any school bus. (NRS 392.466) This bill prohibits a school from disciplining a pupil enrolled in kindergarten or grades 1 to 8, inclusive, for simulating a firearm or dangerous weapon while playing or for wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms except in certain circumstances.
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:
(a)βSimulating a firearm or dangerous weapon while playing; or
(b)βWearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.
2.ββSimulating a firearm or dangerous weapon includes, without limitation:
(a)βBrandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;
(b)βPossessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;
(c)βPossessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;
(d)βUsing a finger or hand to simulate a firearm or dangerous weapon;
(e)βDrawing a picture or possessing an image of a firearm or dangerous weapon; and
(f)βUsing a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.
3.ββA pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:
(a)βSubstantially disrupts learning by pupils or substantially disrupts the educational environment at the school;
(b)βCauses bodily harm to another person; or
(c)βPlaces another person in reasonable fear of bodily harm.
4.ββExcept as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.
5.ββThe provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 392.415.
6.ββAs used in this section:
(a)βDangerous weapon has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 392.466.
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κ2015 Statutes of Nevada, Page 2027 (CHAPTER 363, AB 121)κ
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(b)βFirearm has the meaning ascribed to it in paragraph (c) of subsection 7 of NRS 392.466.
Sec.β2.ββ1.ββAny policy, ordinance or regulation adopted by a local government existing on the effective date of this act which conflicts with any provision of section 1 of this act is void and must not be given effect to the extent of the conflict.
2.ββAs used in this section, local government means any political subdivision of this State, including, without limitation, a county, city, town or school district.
Sec.β3.ββThis act becomes effective upon passage and approval.
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Assembly Bill No. 138Committee on Judiciary
Β
CHAPTER 364
Β
[Approved: June 5, 2015]
Β
AN ACT relating to juvenile justice; requiring the juvenile court to suspend a case if doubt arises as to whether a child is competent; requiring the juvenile court to appoint certain experts to evaluate a child and provide a written report on the competence of the child if the juvenile court suspends a case to determine whether the child is competent; requiring the juvenile court to hold an expedited hearing to determine whether a child is competent upon receipt of the written reports of all appointed experts; providing that a statement made by a child during an evaluation by an appointed expert is not admissible as evidence in certain proceedings unless the child introduces the statement as evidence first; requiring the juvenile court to conduct a periodic review of a child determined to be incompetent; authorizing the juvenile court to terminate its jurisdiction in certain circumstances if a child has not attained competence and will be unable to attain competence in the foreseeable future; providing that a child determined to be incompetent may not be adjudicated a delinquent child or a child in need of supervision or placed under the supervision of the juvenile court during the period that the child remains incompetent; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill enacts a juvenile competency standard. Section 3 of this bill provides that any time after a petition is filed and before the final disposition of a case, if doubt arises as to whether a child is competent, the juvenile court is required to suspend the case until the question of competence is determined. Section 4 of this bill requires a person who makes a motion for the evaluation of a child for the purpose of determining whether the child is competent to: (1) certify that the motion is being made in good faith and is based on reasonable grounds to believe that the child is incompetent; and (2) specify facts that support the motion. Section 5 of this bill provides that if the juvenile court suspends a case to determine whether a child is competent, the juvenile court must appoint one or more able and qualified experts, at least one of whom is a psychologist or psychiatrist, to evaluate the child and provide a written report on the competence of the child. Section 6 of this bill sets forth certain considerations an expert must take into account as part of his or her evaluation, as well as certain other considerations an expert must take into account if appropriate, and section 7 of this bill sets forth certain requirements relating to the written report of an expert.
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κ2015 Statutes of Nevada, Page 2028 (CHAPTER 364, AB 138)κ
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well as certain other considerations an expert must take into account if appropriate, and section 7 of this bill sets forth certain requirements relating to the written report of an expert.
Section 8 of this bill requires the juvenile court to hold an expedited hearing to determine whether a child is competent upon receipt of the required written reports from all experts appointed by the juvenile court. Section 9 of this bill authorizes the juvenile court to consider information relevant to the determination of the competence of a child and information elicited from the child only for certain purposes. Section 9 also provides that any statement made by a child during the course of an evaluation by an expert appointed by the juvenile court is not admissible as evidence: (1) on the issue of guilt in a delinquency proceeding, unless the child introduces the statement as evidence on the issue of guilt first; or (2) in any criminal proceeding, unless the child introduces the statement as evidence first. Under section 10 of this bill, after the juvenile court considers the written reports of the appointed experts, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court must determine whether the child is competent. If the juvenile court determines that the child is incompetent, the juvenile court is required to make certain additional determinations and issue all necessary and appropriate recommendations and orders.
Section 11 of this bill requires that if the juvenile court determines that a child is incompetent, the juvenile court must conduct a periodic review to determine whether the child has attained competence. After a periodic review is conducted, if the juvenile court determines that the child: (1) has attained competence, the juvenile court is required to proceed with the case; (2) has not attained competence, the juvenile court is required to order appropriate treatment; and (3) has not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court is required to hold a hearing to consider the best interests of the child and the safety of the community and determine whether to dismiss any petitions pending before the juvenile court and terminate its jurisdiction.
Section 12 of this bill provides that if the juvenile court determines that a child is incompetent, the child may not, during the period that the child remains incompetent, be: (1) adjudicated a delinquent child or a child in need of supervision; or (2) placed under the supervision of the juvenile court.
Β
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Β
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Β
Sectionβ1.ββChapter 62D of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec.β2.ββAs used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, incompetent means a child does not have the present ability to:
1.ββUnderstand the nature of the allegations of delinquency or, if the child is a child in need of supervision, the allegations against the child;
2.ββUnderstand the nature and purpose of the court proceedings; or
3.ββAid and assist the childs counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.
Sec.β3.ββ1.ββAny time after a petition is filed and before the final disposition of a case, if doubt arises as to the competence of a child, the juvenile court shall suspend the case until the question of competence is determined.
2.ββDuring the period when the competence of a child is being determined, the juvenile court shall consider the appropriate placement of the child and any services or other care to be provided to the child that are necessary for the well-being of the child or for public safety, and may issue any necessary orders.
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κ2015 Statutes of Nevada, Page 2029 (CHAPTER 364, AB 138)κ
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the child and any services or other care to be provided to the child that are necessary for the well-being of the child or for public safety, and may issue any necessary orders.
3.ββThe period in which the juvenile court is required to make its final disposition of a case, as set forth in NRS 62D.310, is tolled during the period when the competence of a child is being determined.
Sec.β4.ββA person who makes a motion for the evaluation of a child for the purpose of determining whether the child is incompetent shall:
1.ββCertify that the motion is being made in good faith and is based on reasonable grounds to believe that the child is incompetent and cannot proceed in the case; and
2.ββSpecify facts that support the motion, including, without limitation, any nonprivileged observations of or statements made by the child.
Sec.β5.ββ1.ββIf the juvenile court suspends a case pursuant to section 3 of this act, the juvenile court shall appoint one or more experts, at least one of whom is a psychologist or psychiatrist, to evaluate the child and report on the competence of the child.
2.ββBefore appointing an expert to evaluate and report on the competence of the child, the juvenile court shall consider the following factors to determine the ability and qualification of the expert to provide such an evaluation and report:
(a)βThe training and experience of the expert in child psychology, child and adolescent psychiatry or child forensic psychiatry;
(b)βThe licensure or professional certification of the expert; and
(c)βAny other factor the juvenile court deems appropriate in making the appointment.
3.ββAn expert appointed by the juvenile court to evaluate and report on the competence of a child must:
(a)βBe deemed by the juvenile court to be able and qualified to evaluate and report on the competence of the child pursuant to subsection 2; and
(b)βPrepare and provide a written report to the juvenile court and the parties not later than 14 days after the juvenile court enters an order appointing the expert, unless the juvenile court provides an extension for good cause shown.
4.ββThe appointment of an expert pursuant to this section does not preclude the district attorney or the child from calling any other expert witness to testify concerning the competence of the child at an adjudicatory hearing, a hearing on a violation of juvenile probation or parole or a hearing to determine whether the child is incompetent. Any such expert witness must be allowed to evaluate the child and examine all relevant records and documents.
Sec.β6.ββ1.ββAn expert who is appointed by the juvenile court pursuant to section 5 of this act shall evaluate the child as specified in the court order appointing the expert.
2.ββAn expert shall consider as part of his or her evaluation the childs ability to:
(a)βAppreciate the allegations against the child;
(b)βAppreciate the range and nature of possible penalties that may be imposed upon the child, if applicable;
(c)βUnderstand the adversary nature of the legal process;
(d)βDisclose to the childs counsel facts pertinent to the case;
(e)βDisplay appropriate courtroom behavior; and
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κ2015 Statutes of Nevada, Page 2030 (CHAPTER 364, AB 138)κ
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(f)βTestify regarding relevant issues.
3.ββAn expert shall also consider as part of his or her evaluation, if appropriate, the following circumstances of a child:
(a)βThe age and developmental maturity of the child;
(b)βWhether the child has a mental illness or disability or a developmental disorder;
(c)βWhether the child has any other disability that affects the competence of the child; and
(d)βAny other factor that affects the competence of the child.
Sec.β7.ββ1.ββA written report submitted by an expert pursuant to subsection 3 of section 5 of this act must:
(a)βIdentify the specific matters referred to the expert by the juvenile court for evaluation;
(b)βDescribe the procedures, techniques and tests used in the evaluation of the child and the purposes of each;
(c)βDescribe the considerations taken into account by the expert pursuant to section 6 of this act;
(d)βState any clinical observations, findings and opinions of the expert on each issue referred to the expert for evaluation by the juvenile court and specifically indicate any issues on which the expert was unable to give an opinion;
(e)βIdentify the sources of information used by the expert and present the factual basis for any clinical observations, findings and opinions of the expert; and
(f)βState any recommended counseling, treatment, education or therapy to assist the child with behavioral, emotional, psychological or psychiatric issues, if ordered by the juvenile court to provide such recommendations.
2.ββIn addition to the requirements set forth in subsection 1, if an expert believes that a child is incompetent, the expert shall also include in the report:
(a)βAny recommended treatment or education for the child to attain competence;
(b)βThe likelihood that the child will attain competence under the recommended treatment or education;
(c)βAn assessment of the probable duration of the treatment or education required to attain competence;
(d)βThe probability that the child will attain competence in the foreseeable future; and
(e)βIf the expert recommends treatment for the child to attain competence, a recommendation as to whether services can best be provided to the child as an outpatient or inpatient, or by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160.
Sec.β8.ββ1.ββUpon receipt of the required written reports from all experts appointed by the juvenile court, the juvenile court shall hold an expedited hearing to determine whether the child is incompetent.
2.ββThe parties may waive the presence of witnesses and submit the issue of competence to the juvenile court on the written reports of the experts who evaluated the child.
3.ββThe party who made the motion to determine whether the child is competent has the burden of proof to rebut the presumption of competence by a preponderance of the evidence.
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κ2015 Statutes of Nevada, Page 2031 (CHAPTER 364, AB 138)κ
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4.ββUnless the parties stipulate or the juvenile court orders otherwise, the parties shall disclose all witnesses, reports and documents at least 10 days before the scheduled day of the hearing.
5.ββDuring the hearing, the parties may:
(a)βIntroduce other evidence, including, without limitation, evidence related to treatment, competence and the possibility of ordering the involuntary administration of medicine; and
(b)βCross-examine witnesses.
Sec.β9.ββ1.ββExcept as otherwise provided in this section, the juvenile court may consider any information that is relevant to the determination of the competence of the child and any information elicited from the child pursuant to sections 2 to 13, inclusive, of this act only for the purpose of:
(a)βDetermining whether the child is incompetent; and
(b)βMaking a disposition of the case in juvenile court.
2.ββThe provisions of subsection 1 do not apply if a child whose competence is being determined presents any information to the juvenile court for a purpose other than those set forth in subsection 1.
3.ββAny statement made by a child during the course of an evaluation by an expert who is appointed by the juvenile court pursuant to section 5 of this act, regardless of whether the child consented to the evaluation, is not admissible as evidence:
(a)βOn the issue of guilt in a delinquency proceeding, unless the child introduces the statement as evidence on the issue of guilt first; or
(b)βIn any criminal proceeding, unless the child introduces the statement as evidence first.
Sec.β10.ββ1.ββAfter the juvenile court considers the written reports of all the experts appointed by the juvenile court, any additional written reports, and testimony and other evidence presented at the hearing, the juvenile court shall determine whether the child is incompetent.
2.ββIf the juvenile court determines that the child is competent, the juvenile court shall proceed with the case.
3.ββIf the juvenile court determines that the child is incompetent, the juvenile court shall determine whether:
(a)βThe child is a danger to himself or herself or society;
(b)βProviding services to the child will assist the child in attaining competence and further the policy goals set forth in NRS 62A.360; and
(c)βAny services provided to the child can best be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.
4.ββAfter the juvenile court makes the determinations set forth in subsection 3, the juvenile court shall issue all necessary and appropriate recommendations and orders.
5.ββAny treatment ordered by the juvenile court must provide the level of care, guidance and control that will be conducive to the childs welfare and the best interests of this State.
Sec.β11.ββ1.ββIf the juvenile court determines that a child is incompetent pursuant to section 10 of this act, the juvenile court shall conduct a periodic review to determine whether the child has attained competence. Unless the juvenile court terminates its jurisdiction pursuant to paragraph (c) of subsection 3, such a periodic review must be conducted:
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κ2015 Statutes of Nevada, Page 2032 (CHAPTER 364, AB 138)κ
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(a)βNot later than 6 months after the date of commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160 or the date treatment ordered by the court commenced, whichever is earlier;
(b)βAfter any period of extended treatment;
(c)βAfter the child completes any treatment ordered by the juvenile court;
(d)βAfter a person ordered by the juvenile court to provide services to the child pursuant to section 10 of this act determines that the child has attained competence or will never attain competence; or
(e)βAt shorter intervals as ordered by the juvenile court.
2.ββBefore a periodic review is conducted pursuant to subsection 1, any person ordered by the juvenile court to provide services to a child pursuant to section 10 of this act must provide a written report to the juvenile court, the parties, and the department of juvenile services or Youth Parole Bureau, as applicable.
3.ββAfter a periodic review is conducted pursuant to subsection 1, if the juvenile court determines that the child:
(a)βIs competent, the juvenile court shall enter an order accordingly and proceed with the case.
(b)βHas not attained competence, the juvenile court shall order appropriate treatment, including, without limitation, residential or nonresidential placement in accordance with sections 2 to 13, inclusive, of this act, commitment to an institution for persons with intellectual disabilities or mental illness pursuant to NRS 62E.160, or as otherwise allowed by law.
(c)βHas not attained competence and will be unable to attain competence in the foreseeable future, the juvenile court shall hold a hearing to consider the best interests of the child and the safety of the community and determine whether to dismiss any petitions pending before the juvenile court and terminate the jurisdiction of the juvenile court. In determining whether to dismiss a petition and terminate its jurisdiction pursuant to this paragraph, the juvenile court shall consider:
(1)βThe nature and gravity of the act allegedly committed by the child, including, without limitation, whether the act involved violence, the infliction of serious bodily injury or the use of a weapon;
(2)βThe date the act was allegedly committed by the child;
(3)βThe number of times the child has allegedly committed the act;
(4)βThe extent to which the child has received counseling, therapy or treatment, and the response of the child to any such counseling, therapy or treatment;
(5)βThe extent to which the child has received education, services or treatment relating to remediating, restoring or attaining competence and the response of the child to any such education, services or treatment;
(6)βWhether any psychological or psychiatric profiles of the child indicate a risk of recidivism;
(7)βThe behavior of the child while he or she is subject to the jurisdiction of the juvenile court, including, without limitation, during any period of confinement;
(8)βThe extent to which counseling, therapy or treatment will be available to the child in the absence of continued juvenile court jurisdiction;
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κ2015 Statutes of Nevada, Page 2033 (CHAPTER 364, AB 138)κ
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(9)βAny physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness;
(10)βThe age, mental attitude, maturity level and emotional stability of the child;
(11)βThe extent of family support available to the child;
(12)βWhether the child has had positive psychological and social evaluations; and
(13)βAny other factor the juvenile court deems relevant to the determination of whether continued juvenile court jurisdiction will be conducive to the welfare of the child and the safety of the community.
Sec.β12.ββIf the juvenile court determines that a child is incompetent pursuant to section 10 of this act, during the period that the child remains incompetent, the child may not be:
1.ββAdjudicated a delinquent child or a child in need of supervision; or
2.ββPlaced under the supervision of the juvenile court pursuant to a supervision and consent decree pursuant to NRS 62C.230.
Sec.β13.ββ(Deleted by amendment.)
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Assembly Bill No. 178Assemblymen Thompson; Araujo, Carrillo, Diaz, Joiner, Neal and Stewart
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Joint Sponsors: Senators Ford and Spearman
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CHAPTER 365
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[Approved: June 5, 2015]
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AN ACT relating to education; revising the circumstances under which a school is required to deem a pupil a habitual disciplinary problem; revising provisions governing the notice provided to a parent or legal guardian concerning a pupil who is deemed a habitual disciplinary problem and the discipline imposed on such a pupil; requiring such notice to be provided each time a pupil is suspended; revising provisions relating to a plan of behavior for a pupil; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a school to suspend or expel a pupil for at least one semester if that pupil is deemed a habitual disciplinary problem under certain circumstances, and requires the pupil to enroll in a private school, a program of independent study or be homeschooled for the period of suspension or expulsion. (NRS 392.466) Existing law further requires a school to notify the parent or legal guardian of a pupil when the pupil is suspended for fighting or commits an act that may cause the pupil to be deemed a habitual disciplinary problem. (NRS 392.4655) Section 1 of this bill instead requires a school to notify the parent or legal guardian of a pupil when the pupil is suspended for any reason. Section 1 also revises the requirements of such notice.
Existing law authorizes a school to develop a plan of behavior for a pupil who may be deemed a habitual disciplinary problem. (NRS 392.4655) Section 1 authorizes a school to develop such a plan of behavior if a pupil is suspended for any reason.
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κ2015 Statutes of Nevada, Page 2034 (CHAPTER 365, AB 178)κ
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Existing law requires a principal of a school to deem a pupil enrolled in the school a habitual disciplinary problem if the pupil: (1) has threatened or extorted, or attempted to threaten or extort, another pupil or employee of the school; (2) has been suspended for initiating at least two fights on school property or in certain other circumstances; or (3) has a record of five suspensions from the school. (NRS 392.4655) Section 1 instead requires the principal of a school to designate a pupil as a habitual disciplinary problem if: (1) the pupil has threatened or extorted, or attempted to threaten or extort, another pupil or employee of the school two or more times, or the pupil has a record of five suspensions from the school; and (2) the pupil has not entered into and participated in a plan of behavior.
Section 2 of this bill removes the requirement that a pupil who is deemed a habitual disciplinary problem be suspended or expelled for at least one semester and instead authorizes the school to suspend the pupil from school for a period not to exceed one semester if the pupil is deemed a habitual disciplinary problem or expel the pupil from school under extraordinary circumstances. Section 2 further requires that a pupil enroll in a private school, a program of independent study or be homeschooled if the pupil is expelled or for the period of suspension only if the suspension is for one semester.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 392.4655 is hereby amended to read as follows:
392.4655ββ1.ββExcept as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:
(a)βThe pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school [;
(b)βThe pupil has been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on the pupils way to or from school; or
(c)βThe] two or more times or the pupil has a record of five suspensions from the school for any reason [.] ; and
(b)βThe pupil has not entered into and participated in a plan of behavior pursuant to subsection 5.
2.ββAt least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupils record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.
3.ββIf a pupil is suspended , [for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on the pupils record,] the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:
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κ2015 Statutes of Nevada, Page 2035 (CHAPTER 365, AB 178)κ
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initiated during that school year, or if a pupil receives one suspension on the pupils record,] the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:
(a)βA description of the [acts] act committed by the pupil and the [dates] date on which [those acts were] the act was committed;
(b)βAn explanation that [if the pupil is suspended for initiating one additional fight or] if the pupil receives five suspensions on his or her record during the current school year [,] and has not entered into and participated in a plan of behavior pursuant to subsection 5, the pupil will be deemed a habitual disciplinary problem;
(c)βAn explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem [must] may be [suspended or expelled] :
(1)βSuspended from school for a period [equal to at least one school semester;] not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or
(2)βExpelled from school under extraordinary circumstances as determined by the principal of the school;
(d)βIf the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection [6] 7 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupils behavior is not a manifestation of the pupils disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and
(e)β[If applicable, a] A summary of the provisions of subsection [4.] 5.
[Κ]
4.ββA school shall provide the notice required by [this] subsection 3 for each suspension on the record of a pupil during a school year. [A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.
4.]ββSuch notice must be provided at least 7 days before the school deems the pupil a habitual disciplinary problem.
5.ββIf a pupil is suspended , [for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on the pupils record within 1 school year,] the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation : [, a voluntary agreement by:]
(a)β[The] A plan for graduating if the pupil is deficient in credits and not likely to graduate according to schedule.
(b)βInformation regarding schools with a mission to serve pupils who have been:
(1)βExpelled or suspended from a public school, including, without limitation, a charter school; or
(2)βDeemed to be a habitual disciplinary problem pursuant to this section.
(c)βA voluntary agreement by the parent or legal guardian to attend school with his or her child.
[(b)βThe]
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κ2015 Statutes of Nevada, Page 2036 (CHAPTER 365, AB 178)κ
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(d)βA voluntary agreement by the pupil and the pupils parent or legal guardian to attend counseling, programs or services available in the school district or community.
[(c)βThe]
(e)βA voluntary agreement by the pupil and the pupils parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.
[Κ]
6.ββIf [the] a pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior [,] pursuant to subsection 5, the pupil shall be deemed to have not successfully completed the plan of behavior and may be deemed a habitual disciplinary problem.
[5.ββIf a pupil commits an act the commission of which qualifies the pupil to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:
(a)βA description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;
(b)βAn explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;
(c)βIf the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection 6 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupils behavior is not a manifestation of the pupils disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and
(d)βIf applicable, a summary of the provisions of subsection 6.
Κ The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.
6.ββBefore a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:
(a)βThe parent or legal guardian to attend school with his or her child.
(b)βThe pupil and the pupils parent or legal guardian to attend counseling, programs or services available in the school district or community.
(c)βThe pupil and the pupils parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.
Κ If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he or she enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.]
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κ2015 Statutes of Nevada, Page 2037 (CHAPTER 365, AB 178)κ
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7.ββA pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.
8.ββThe parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.
Sec.β2.ββNRS 392.466 is hereby amended to read as follows:
392.466ββ1.ββExcept as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:
(a)βEnroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
2.ββExcept as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:
(a)βEnroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
Κ The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.
3.ββExcept as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil [must] may be [suspended or expelled] :
(a)βSuspended from the school for a period [equal to at least one semester for that school. For] not to exceed one school semester as determined by the seriousness of the acts which were the basis for the discipline; or
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κ2015 Statutes of Nevada, Page 2038 (CHAPTER 365, AB 178)κ
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(b)βExpelled from school under extraordinary circumstances as determined by the principal of the school.
4.ββIf the pupil is expelled, or the period of the pupils suspension [or expulsion,] is for one school semester, the pupil must:
(a)βEnroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or
(b)βEnroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.
[4.]β5.ββThis section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
[5.]β6.ββAny pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
[6.]β7.ββA pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a)βSuspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b)βSuspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
[7.]β8.ββAs used in this section:
(a)βBattery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b)βDangerous weapon includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c)βFirearm includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a firearm in 18 U.S.C. § 921, as that section existed on July 1, 1995.
[8.]β9.ββThe provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
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κ2015 Statutes of Nevada, Page 2039 (CHAPTER 365, AB 178)κ
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provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
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Assembly Bill No. 191Assemblymen Paul Anderson and Kirkpatrick
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Joint Sponsors: Senators Hammond and Roberson
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CHAPTER 366
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[Approved: June 5, 2015]
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AN ACT relating to taxation; revising provisions relating to the imposition by certain counties of additional taxes on fuels for motor vehicles; providing that the boards of county commissioners of certain larger counties may continue the imposition of certain additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in the county; providing for the imposition by the boards of county commissioners of certain counties of additional taxes on fuels for motor vehicles if a ballot question authorizing such additional taxes is approved by a majority of the voters in the county; requiring the approval by voters of additional ballot measures to continue the imposition of the additional taxes; providing that money collected from certain of the additional taxes must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected; repealing certain provisions relating to a ballot question providing for the imposition by the State of certain additional taxes on fuels for motor vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes counties to impose certain taxes on motor vehicle fuels and special fuels used in motor vehicles. (Chapter 373 of NRS) Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more and in which a regional transportation commission has been created and a county tax is imposed on motor vehicle fuel (currently Clark County) to impose, upon approval by a two-thirds majority of the members of the board, additional taxes on motor vehicle fuel and various special fuels used in motor vehicles. Existing law also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2014, and ending on December 31, 2016. Existing law provides that for the period beginning on January 1, 2017: (1) the board of county commissioners must not impose any additional increases in certain taxes authorized by that provision of existing law; and (2) increases in the remainder of the taxes authorized by that provision may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases. (NRS 373.0663) Section 2 of this bill removes the prohibition on the continued imposition of additional increases in certain taxes, subject to the existing provisions which provide that the additional increases may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases.
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κ2015 Statutes of Nevada, Page 2040 (CHAPTER 366, AB 191)κ
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prohibition on the continued imposition of additional increases in certain taxes, subject to the existing provisions which provide that the additional increases may not be effectuated unless a majority of the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases. Section 2 additionally provides that for the period beginning on January 1, 2027, additional annual increases in the taxes on motor vehicle fuel and various special fuels used in motor vehicles may not be effectuated unless a majority of the voters in the county at the general election in November 2026 authorize the board of county commissioners to continue to provide for the annual increases. If the voters in the county at the general election in November 2016 authorize the board of county commissioners to continue to provide for the annual increases, section 1 of this bill provides that any money collected from certain additional taxes imposed on motor vehicle fuel and various special fuels used in motor vehicles after November 8, 2016, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected. Sections 4, 7, 9 and 12 of this bill make conforming changes.
Upon approval by a majority of the voters in any county, other than Clark or Washoe County, at the general election in November 2016, existing law requires the board of county commissioners of the county to impose additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Existing law also authorizes the board of county commissioners to provide for annual increases in these taxes, for the period beginning on January 1, 2017, and ending on December 31, 2026. Additionally, existing law provides that, for the period beginning on January 1, 2027, the increases in these taxes may not be effectuated unless a majority of the voters in the county at the general election in November 2026 authorize the board of county commissioners to continue to provide for the annual increases. (NRS 373.0667) Existing law also provides for a statewide ballot measure, approval of which by a majority of the voters in the State at the general election in November 2016 would require the State to impose additional state taxes on motor vehicle fuel and various special fuels used in motor vehicles and to impose annual increases on those taxes. (Section 12 of chapter 540, Statutes of Nevada 2013, p. 3586) Section 18 of this bill repeals the provisions of existing law relating to the statewide ballot measure concerning the imposition by the State of additional state taxes on motor vehicle fuel and various special fuels used in motor vehicles. Sections 3 and 17 of this bill instead require the board of county commissioners of a county other than Clark or Washoe County, upon approval by a majority of the voters in the county at the general election in November 2016, to impose such additional taxes on motor vehicle fuel and various special fuels used in motor vehicles in the same manner as the board is required under existing law to impose the additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. Sections 14.5 and 15 of this bill provide that money collected from certain additional taxes imposed on motor vehicle fuel and various special fuels used in motor vehicles on or after January 1, 2017, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected. Sections 4.5, 5, 6, 7.5, 8, 9.5, 10, 11, 12.5, 13, 14 and 18 of this bill make conforming changes.
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κ2015 Statutes of Nevada, Page 2041 (CHAPTER 366, AB 191)κ
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββChapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, money collected from the annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0663 and imposed by the ordinance after November 8, 2016, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.
Sec.β2.ββNRS 373.0663 is hereby amended to read as follows:
373.0663ββ1.ββExcept as otherwise provided in this section, in a county whose population is 700,000 or more and in which a commission has been created and a tax is imposed pursuant to NRS 373.030:
(a)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(b)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(c)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
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κ2015 Statutes of Nevada, Page 2042 (CHAPTER 366, AB 191)κ
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the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(d)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(e)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(f)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
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κ2015 Statutes of Nevada, Page 2043 (CHAPTER 366, AB 191)κ
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percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(g)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(h)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(i)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(j)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
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κ2015 Statutes of Nevada, Page 2044 (CHAPTER 366, AB 191)κ
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(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(k)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(l)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(m)βThe board may by ordinance impose:
(1)βAn excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 5, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
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κ2015 Statutes of Nevada, Page 2045 (CHAPTER 366, AB 191)κ
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2.ββAn ordinance authorized by this section must be approved by a two-thirds majority of the members of the board. If the board adopts an ordinance authorized by this section, the ordinance must impose all of the taxes authorized by this section. Upon the adoption of such an ordinance, and except as otherwise provided in subsection 5, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.
3.ββIf the board adopts an ordinance imposing the taxes authorized by this section, the ordinance:
(a)βMust be adopted before October 1, 2013;
(b)βMust become effective on January 1, 2014; and
(c)βIs not affected by any changes in the population of the county which occur after the adoption of the ordinance.
4.ββThe applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed pursuant to this section. Except as otherwise provided in subsection 5, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.
5.ββUpon the adoption of an ordinance authorized by this section:
(a)βFor the period beginning on January 1, 2014, and ending on December 31, 2016, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.
(b)βFor the period beginning on January 1, 2017 [:
(1)βThe board shall not impose any additional annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance after November 8, 2016, but any annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 and imposed by the ordinance.
(2)βThe] , and ending on December 31, 2026, the annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance may not be effectuated unless a question is placed on the ballot at the general election on November 8, 2016, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2017, the increases authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes authorized by [paragraphs (a) to (d), inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance after November 8, 2016, but any annual increases in such taxes imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.
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κ2015 Statutes of Nevada, Page 2046 (CHAPTER 366, AB 191)κ
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inclusive, (f), (k), (l) and (m) of subsection 1] this section and imposed by the ordinance after November 8, 2016, but any annual increases in such taxes imposed by the ordinance on or before November 8, 2016, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.
(c)βFor the period beginning on January 1, 2027, if the question placed on the ballot pursuant to paragraph (b) is approved by a majority of the registered voters in the county voting on the question, the annual increases in the taxes authorized by this section and imposed by the ordinance may be effectuated if a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters voting on the question. If the question is approved at the general election on November 3, 2026, by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes authorized by this section and imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes authorized by this section and imposed by the ordinance after November 3, 2026, but any annual increases in such taxes imposed by the ordinance on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by such taxes imposed by the ordinance.
6.ββAs used in this section:
(a)βAdjusted average highway and street construction inflation index means:
(1)βFor the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:
(I)βIf the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or
(II)βIf the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and
(2)βFor each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:
(I)βIf the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or
(II)βIf the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.
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κ2015 Statutes of Nevada, Page 2047 (CHAPTER 366, AB 191)κ
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(b)βApplicable percentage means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.
(c)βAverage highway and street construction inflation index means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.
(d)βHighway and street construction inflation index means:
(1)βThe Producer Price Index for Highway and Street Construction until that Index ceased to be published; and
(2)βThe Producer Price Index for Other Nonresidential Construction thereafter or, if that Index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.
(e)βSpecial fuel has the meaning ascribed to it in NRS 366.060.
Sec.β3.ββNRS 373.0667 is hereby amended to read as follows:
373.0667ββ1.ββIn addition to any other tax imposed pursuant to this chapter:
(a)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 3.6 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 3.6 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(b)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(c)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1 cent per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
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κ2015 Statutes of Nevada, Page 2048 (CHAPTER 366, AB 191)κ
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the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1 cent per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(d)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 9 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 9 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(e)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(f)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
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κ2015 Statutes of Nevada, Page 2049 (CHAPTER 366, AB 191)κ
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percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
[(f)]β(g)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(h)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(i)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(j)βThe board shall by ordinance impose:
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κ2015 Statutes of Nevada, Page 2050 (CHAPTER 366, AB 191)κ
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(1)βAn excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
(k)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
[(g)] (l)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
[(h)] (m)βThe board shall by ordinance impose:
(1)βAn excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph [(f) or (g),] (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the ordinance becomes effective; and
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(2)βExcept as otherwise provided in subsection 4, an annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to subparagraph (1) during the immediately preceding fiscal year, then multiplying that sum by the lesser of the applicable percentage or the adjusted average highway and street construction inflation index for the fiscal year in which the increase becomes effective.
2.ββUpon the adoption of the ordinance required by subsection 1, and except as otherwise provided in subsection 4, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.
3.ββThe applicable percentage specified by the board for the taxes imposed pursuant to this section must be the same percentage for each tax imposed by the board pursuant to this section. Except as otherwise provided in subsection 4, the board may amend the applicable percentage by ordinance from time to time, but any such amendment must not become effective earlier than 90 days after the date of the adoption of the ordinance amending the applicable percentage. Except as otherwise provided in subsection 4 of NRS 373.120, the applicable percentage must not be amended to reduce the applicable percentage at any time that bonds are outstanding which are secured by the taxes imposed pursuant to this section.
4.ββUpon the adoption of an ordinance authorized by this section:
(a)βFor the period beginning on January 1, 2017, and ending on December 31, 2026, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance.
(b)βFor the period beginning on January 1, 2027, the annual increases in the taxes authorized by this section and imposed by the ordinance may [not] be effectuated [unless] if a question is placed on the ballot at the general election on November 3, 2026, which asks the voters in the county whether to authorize the board to impose, for the period beginning on January 1, 2027, the increases authorized by this section in the taxes imposed by the ordinance and the question is approved by a majority of the registered voters in the county voting on the question. If the question is approved by a majority of such voters, no further action by the board is necessary to effectuate the annual increases in the taxes imposed by the ordinance. If the question is not approved by a majority of such voters, the board shall not impose any additional annual increases in the taxes imposed by the ordinance after November 3, 2026, but any annual increases in the taxes imposed by the ordinance in effect on or before November 3, 2026, are not affected, amended, reduced or eliminated and must be continued for any period during which bonds are outstanding that are secured by the taxes imposed by the ordinance.
5.ββAs used in this section:
(a)βAdjusted average highway and street construction inflation index means:
(1)βFor the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:
(I)βIf the average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or
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percentage, the remainder obtained by subtracting the applicable percentage from the average highway and street construction inflation index for the immediately preceding fiscal year; or
(II)βIf the average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero; and
(2)βFor each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average highway and street construction inflation index for that fiscal year to:
(I)βIf the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is greater than the applicable percentage, the remainder obtained by subtracting the applicable percentage from the adjusted average highway and street construction inflation index for the immediately preceding fiscal year; or
(II)βIf the adjusted average highway and street construction inflation index for the immediately preceding fiscal year is less than or equal to the applicable percentage, zero.
(b)βApplicable percentage means the lesser of 7.8 percent or the percentage specified by the board in any ordinance imposing a tax pursuant to this section.
(c)βAverage highway and street construction inflation index means for a fiscal year the average percentage increase in the highway and street construction inflation index for the 10 calendar years immediately preceding the beginning of that fiscal year.
(d)βHighway and street construction inflation index means:
(1)βThe Producer Price Index for Highway and Street Construction until that index ceased to be published; and
(2)βThe Producer Price Index for Other Nonresidential Construction thereafter or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of highway and street construction, as determined by the commission.
(e)βSpecial fuel has the meaning ascribed to it in NRS 366.060.
Sec.β4.ββNRS 373.067 is hereby amended to read as follows:
373.067ββ1.ββAny ordinance that imposes a tax pursuant to:
(a)βThe provisions of paragraph (a) of subsection 1 of NRS 373.066 or paragraph (a) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.
(b)βThe provisions of paragraph (b) of subsection 1 of NRS 373.066 or paragraph (b) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.
(c)βThe provisions of paragraph (c) of subsection 1 of NRS 373.066 or paragraph (c) of subsection 1 of NRS 373.0663 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.
(d)βAny of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must, except as otherwise required by subsection 6 of NRS 373.140, and section 1 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
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subsection 1 of NRS 373.0663 must, except as otherwise required by subsection 6 of NRS 373.140, and section 1 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
2.ββAny ordinance adopted pursuant to NRS 373.066 or 373.0663 must:
(a)βInclude a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066 or 373.0663, and must not apply to any tax imposed pursuant to any other ordinance.
(b)βRequire the commission:
(1)βTo review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:
(I)βThe amount of that increase and the accuracy of its calculation;
(II)βThe amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;
(III)βAny improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and
(IV)βAny other information relevant to the effect of the annual increases on the public; and
(2)βTo submit to the board any information the commission receives suggesting that the annual increase should be adjusted.
Sec.β4.5.ββNRS 373.067 is hereby amended to read as follows:
373.067ββ1.ββAny ordinance that imposes a tax pursuant to:
(a)βThe provisions of paragraph (a) of subsection 1 of NRS 373.066, paragraph (a) of subsection 1 of NRS 373.0663 or paragraph (a) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.
(b)βThe provisions of paragraph (b) of subsection 1 of NRS 373.066, paragraph (b) of subsection 1 of NRS 373.0663 or paragraph (b) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.
(c)βThe provisions of paragraph (c) of subsection 1 of NRS 373.066, paragraph (c) of subsection 1 of NRS 373.0663 or paragraph (c) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.
(d)βAny of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must, except as otherwise required by subsection 6 of NRS 373.140, and section 14.5 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
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NRS 373.140, and section 14.5 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
2.ββAny ordinance adopted pursuant to NRS 373.066, 373.0663 or 373.0667 must:
(a)βInclude a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066, 373.0663 or 373.0667 and must not apply to any tax imposed pursuant to any other ordinance.
(b)βRequire the commission:
(1)βTo review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:
(I)βThe amount of that increase and the accuracy of its calculation;
(II)βThe amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;
(III)βAny improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and
(IV)βAny other information relevant to the effect of the annual increases on the public; and
(2)βTo submit to the board any information the commission receives suggesting that the annual increase should be adjusted.
Sec.β5.ββNRS 373.067 is hereby amended to read as follows:
373.067ββ1.ββAny ordinance that imposes a tax pursuant to:
(a)βThe provisions of paragraph (a) of subsection 1 of NRS 373.066, paragraph (a) of subsection 1 of NRS 373.0663 or paragraph (a) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180.
(b)βThe provisions of paragraph (b) of subsection 1 of NRS 373.066, paragraph (b) of subsection 1 of NRS 373.0663 or paragraph (b) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190.
(c)βThe provisions of paragraph (c) of subsection 1 of NRS 373.066, paragraph (c) of subsection 1 of NRS 373.0663 or paragraph (c) of subsection 1 of NRS 373.0667 must require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192.
(d)βAny of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must, except as otherwise required by subsection 6 of NRS 373.140, and section 15 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
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NRS 373.140, and section 15 of this act, require the allocation, disbursement and use in the county of the proceeds of that tax in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030.
2.ββAny ordinance adopted pursuant to NRS 373.066, 373.0663 or 373.0667 must:
(a)βInclude a provision prohibiting the imposition of any penalties and interest for the failure to make any payments of any tax imposed by the ordinance which become due within the initial 6 months after the ordinance becomes effective. This provision must apply only to taxes imposed pursuant to NRS 373.066, 373.0663 or 373.0667 and must not apply to any tax imposed pursuant to any other ordinance.
(b)βRequire the commission:
(1)βTo review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:
(I)βThe amount of that increase and the accuracy of its calculation;
(II)βThe amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;
(III)βAny improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and
(IV)βAny other information relevant to the effect of the annual increases on the public; and
(2)βTo submit to the board any information the commission receives suggesting that the annual increase should be adjusted.
Sec.β6.ββNRS 373.068 is hereby amended to read as follows:
373.068ββ1.ββAny tax imposed pursuant to the provisions of:
(a)βParagraphs (a) to (f), inclusive, of subsection 1 of NRS 373.066, paragraphs (a) to (f), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (a) to [(e),] (f), inclusive, of subsection 1 of NRS 373.0667, does not apply to any fuel described in NRS 365.220 or 365.230.
(b)βParagraphs (g) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (g) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs [(f), (g) and (h)] (g) to (m), inclusive, of subsection 1 of NRS 373.0667, does not apply to any sales or uses described in NRS 366.200, except to any sales or uses described in subsection 1 of that section of any special fuel to which dye has not been added pursuant to federal law or the law of this State, of a type which is lawfully sold in this State both:
(1)βAs special fuel to which dye has been added pursuant to such law; and
(2)βAs special fuel to which dye has not been added pursuant to such law.
2.ββEach tax imposed pursuant to NRS 373.066, 373.0663 or 373.0667 is in addition to any other motor vehicle fuel taxes and special fuel taxes imposed pursuant to the provisions of this chapter and chapters 365, 366 and 590 of NRS, except that on the effective date of an ordinance adopted pursuant to:
(a)βParagraph (a) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.
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subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.
(b)βParagraph (b) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.
(c)βParagraph (c) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (c) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.
(d)βParagraph (d) of subsection 1 of NRS 373.066, any tax increase imposed in that county pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NRS 373.065 on the first day of the current fiscal year, and the authority to impose any additional tax increases in that county pursuant to that subparagraph on the first day of each subsequent fiscal year, expire by limitation.
Sec.β7.ββNRS 373.110 is hereby amended to read as follows:
373.110ββAll the net proceeds of any county fuel tax:
1.ββImposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 1 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
2.ββImposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec.β7.5.ββNRS 373.110 is hereby amended to read as follows:
373.110ββAll the net proceeds of any county fuel tax:
1.ββImposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 14.5 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
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2.ββImposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066, paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec.β8.ββNRS 373.110 is hereby amended to read as follows:
373.110ββAll the net proceeds of any county fuel tax:
1.ββImposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, and section 15 of this act, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter and chapter 277A of NRS. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.
2.ββImposed pursuant to the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 373.065, paragraph (a), (b) or (c) of subsection 1 of NRS 373.066, paragraph (a), (b) or (c) of subsection 1 of NRS 373.0663 or paragraph (a), (b) or (c) of subsection 1 of NRS 373.0667 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.
Sec.β9.ββNRS 373.119 is hereby amended to read as follows:
373.119ββ1.ββExcept to the extent pledged before July 1, 1985, and except as otherwise provided in section 1 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2.ββEach marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec.β9.5.ββNRS 373.119 is hereby amended to read as follows:
373.119ββ1.ββExcept to the extent pledged before July 1, 1985, and except as otherwise provided in section 14.5 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating.
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or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2.ββEach marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec.β10.ββNRS 373.119 is hereby amended to read as follows:
373.119ββ1.ββExcept to the extent pledged before July 1, 1985, and except as otherwise provided in section 15 of this act, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.
2.ββEach marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.
Sec.β11.ββNRS 373.131 is hereby amended to read as follows:
373.131ββ1.ββMoney for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to NRS 277A.210 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of this chapter and chapter 277A of NRS, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.
2.ββThe board or, in a county whose population is 100,000 or more, a commission, may, after the enactment of any ordinance authorized or required by the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, issue revenue bonds and other revenue securities, on the behalf and in the name of the county or the commission, as the case may be:
(a)βThe total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;
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(d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 and, with respect to notes, warrants or interim debentures described in paragraphs (a) and (b) of subsection 6, the proceeds of bonds or interim debentures;
(b)βWhich must not be general obligations of the county or the commission or a charge on any real estate within the county; and
(c)βWhich may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the fuel taxes designated in this chapter, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.
3.ββA county or a commission as provided in subsection 2 is authorized to issue bonds or other securities without the necessity of their being authorized at any election in such manner and with such terms as provided in this chapter.
4.ββSubject to the provisions of this chapter and chapter 277A of NRS, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, or, in a county whose population is 100,000 or more, a commission may, on behalf and in the name of the commission, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county or commission securities, and in connection with the undertaking or project, the board or the commission, as the case may be, may otherwise proceed as provided in the Local Government Securities Law.
5.ββAll such securities constitute special obligations payable from the net receipts of the fuel taxes designated in this chapter except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.
6.ββExcept for:
(a)βAny notes or warrants which are funded with the proceeds of interim debentures or bonds;
(b)βAny interim debentures which are funded with the proceeds of bonds;
(c)βAny temporary bonds which are exchanged for definitive bonds;
(d)βAny bonds which are reissued or which are refunded; and
(e)βThe use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of this chapter,
Κ all bonds and other securities issued pursuant to the provisions of this chapter must be payable solely from the proceeds of fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to the provisions of paragraphs (a) and (b) of subsection 1 of NRS 373.065, paragraphs (a) and (b) of subsection 1 of NRS 373.066, paragraphs (a) and (b) of subsection 1 of NRS 373.0663 and paragraphs (a) and (b) of subsection 1 of NRS 373.0667 may be used by the county for the payment of securities issued pursuant to the provisions of this chapter and may be pledged therefor. Such taxes may also be used by a commission in a county whose population is 100,000 or more for the payment of bonds or other securities issued pursuant to the provisions of this chapter and may be pledged therefor if the board of the county consents to such use. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.
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κ2015 Statutes of Nevada, Page 2060 (CHAPTER 366, AB 191)κ
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and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing their issuance and any other instrument appertaining to the securities.
7.ββThe ordinance, in the case of securities issued by a county, or the resolution, in the case of securities issued by a commission, authorizing the issuance of any bond or other revenue security under this section must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board or commission, as the case may be, of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified, if such bond or other security is issued by the county and not the commission.
8.ββNotwithstanding any other provision of this chapter, no commission has authority to issue bonds or other securities pursuant to this chapter unless the commission has executed an interlocal agreement with the county relating to the issuance of bonds or other securities by the commission. Any such interlocal agreement must include an acknowledgment of the authority of the commission to issue bonds and other securities and contain provisions relating to the pledge of revenues for the repayment of the bonds or other securities, the lien priority of the pledge of revenues securing the bonds or other securities, and related matters.
Sec.β12.ββNRS 373.140 is hereby amended to read as follows:
373.140ββ1.ββAfter the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must first be submitted to the commission.
2.ββIf the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:
(a)βThe priorities established by the plan;
(b)βThe relation of the proposed work to other projects already constructed or authorized;
(c)βThe relative need for the project in comparison with others proposed; and
(d)βThe money available.
Κ If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, except as otherwise provided in section 1 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131.
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κ2015 Statutes of Nevada, Page 2061 (CHAPTER 366, AB 191)κ
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subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663, except as otherwise provided in section 1 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.
3.ββIn a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4.ββIf the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a)βIts relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;
(b)βThe relation of the proposed work to other projects constructed or authorized;
(c)βThe relative need for the proposed work in relation to others proposed by the same city or town; and
(d)βThe availability of money.
Κ If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
5.ββIn counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
6.ββThe proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066 or paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.
Sec.β12.5.ββNRS 373.140 is hereby amended to read as follows:
373.140ββ1.ββAfter the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.
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κ2015 Statutes of Nevada, Page 2062 (CHAPTER 366, AB 191)κ
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of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.
2.ββIf the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:
(a)βThe priorities established by the plan;
(b)βThe relation of the proposed work to other projects already constructed or authorized;
(c)βThe relative need for the project in comparison with others proposed; and
(d)βThe money available.
Κ If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, except as otherwise provided in section 14.5 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.
3.ββIn a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4.ββIf the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a)βIts relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;
(b)βThe relation of the proposed work to other projects constructed or authorized;
(c)βThe relative need for the proposed work in relation to others proposed by the same city or town; and
(d)βThe availability of money.
Κ If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
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κ2015 Statutes of Nevada, Page 2063 (CHAPTER 366, AB 191)κ
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5.ββIn counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
6.ββThe proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.
Sec.β13.ββNRS 373.140 is hereby amended to read as follows:
373.140ββ1.ββAfter the enactment of ordinances as authorized in NRS 277A.170 and 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from any county fuel tax imposed pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must first be submitted to the commission.
2.ββIf the project is within the area covered by a regional plan for transportation established pursuant to NRS 277A.210, the commission shall evaluate it in terms of:
(a)βThe priorities established by the plan;
(b)βThe relation of the proposed work to other projects already constructed or authorized;
(c)βThe relative need for the project in comparison with others proposed; and
(d)βThe money available.
Κ If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of any county fuel tax authorized pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, except as otherwise provided in section 15 of this act, otherwise required by subsection 6 or to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred under this chapter, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.131. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 277A.210.
3.ββIn a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project.
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κ2015 Statutes of Nevada, Page 2064 (CHAPTER 366, AB 191)κ
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The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.
4.ββIf the project is outside the area covered by a plan, the commission shall evaluate it in terms of:
(a)βIts relation to the regional plan for transportation established pursuant to NRS 277A.210, if any;
(b)βThe relation of the proposed work to other projects constructed or authorized;
(c)βThe relative need for the proposed work in relation to others proposed by the same city or town; and
(d)βThe availability of money.
Κ If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.
5.ββIn counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.
6.ββThe proceeds of a tax imposed pursuant to any of the provisions of paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 or paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 must be expended in accordance with priorities for projects established in coordination and cooperation with the Department of Transportation.
Sec.β14.ββNRS 373.160 is hereby amended to read as follows:
373.160ββ1.ββThe ordinance or ordinances, or the resolution or resolutions, providing for the issuance of any bonds or other securities issued under this chapter payable from the receipts from the fuel excise taxes designated in this chapter may at the discretion of the board or, in the case of bonds or other securities issued by a commission, the commission, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued under this chapter.
2.ββIf the board or, in the case of bonds or other securities issued by a commission, the commission, determines in any ordinance or resolution authorizing the issuance of any bonds or other securities under this chapter that the proceeds of the taxes levied and collected pursuant to the provisions of NRS 373.030, paragraph (d) of subsection 1 of NRS 373.065, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.066, paragraphs (d) to (m), inclusive, of subsection 1 of NRS 373.0663 and paragraphs (d) to [(h),] (m), inclusive, of subsection 1 of NRS 373.0667 are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board or, in the case of bonds or other securities issued by a commission, the commission with the consent of the board as provided in subsection 6 of NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
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κ2015 Statutes of Nevada, Page 2065 (CHAPTER 366, AB 191)κ
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NRS 373.131, may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance or resolution under this chapter by a pledge of and the creation of a lien upon not only the proceeds of any fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.131, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.
3.ββThe pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any fuel so long as any bonds or other securities issued under this chapter remain outstanding and are not limited to any type or types of fuel in use when the bonds or other securities are issued.
Sec.β14.5.ββSection 1 of this act is hereby amended to read as follows:
Sectionβ1.ββChapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, money collected from the annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS [373.0663] 373.0667 and imposed by the ordinance on or after [November 8, 2016,] January 1, 2017, must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.
Sec.β15.ββSection 1 of this act is hereby amended to read as follows:
Sectionβ1.ββChapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law, money collected from [the] :
1.ββThe annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0663 and imposed by the ordinance after November 8, 2016 [,] ; or
2.ββThe annual increases in the taxes authorized by paragraphs (e) and (g) to (j), inclusive, of subsection 1 of NRS 373.0667 and imposed by the ordinance on or after January 1, 2017,
Κ must be deposited with the State Treasurer to the credit of the State Highway Fund, accounted for separately in the State Highway Fund and used by the Department of Transportation only to finance projects for the construction, maintenance and repair of state highways in the county in which the tax is collected.
Sec.β16.ββSection 14 of chapter 540, Statutes of Nevada 2013, at page 3587, is hereby amended to read as follows:
Sec.β14.ββ[1.]ββThis section and sections 1, 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 11.5 of this act become effective upon passage and approval.
[2.ββSection 12 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.
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κ2015 Statutes of Nevada, Page 2066 (CHAPTER 366, AB 191)κ
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3.ββSection 13 of this act becomes effective on October 1, 2013, if and only if a board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013.
4.ββSections 1.2, 1.5, 3.2 and 8.2 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.
5.ββSections 1.2, 1.3, 1.5, 1.8, 1.85, 2.3, 3.1, 4.3, 5.3, 6.3, 7.3, 8.1, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
6.ββSections 1.3, 1.8, 1.85, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3, 9.3, 10.3 and 11.1 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners adopts an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 13 of this act is not approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 13 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
7.ββSections 1.2, 1.5, 3.7 and 8.7 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is not approved by a majority of the registered voters in every county in this State voting on the question.
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κ2015 Statutes of Nevada, Page 2067 (CHAPTER 366, AB 191)κ
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8.ββSections 1.2, 1.3, 1.5, 1.9, 1.95, 2.7, 3.5, 4.7, 5.7, 6.7, 7.7, 8.5, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
9.ββSections 1.3, 1.9, 1.95, 2.7, 3.9, 4.7, 5.7, 6.7, 7.7, 8.9, 9.7, 10.7 and 11.3 of this act become effective on January 1, 2017, if:
(a)βA board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013;
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 1 of section 12 of this act is not approved by a majority of the registered voters in this State voting on the question; and
(c)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to subsection 2 of section 12 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
10.ββSections 1.1, 1.7, 1.75, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this act expire by limitation on October 1, 2013, if a board of county commissioners does not adopt an ordinance authorized by section 1.1 of this act before October 1, 2013.]
Sec.β17.ββA question must be placed on the ballot at the general election on November 8, 2016, in each county in this State other than Clark County and Washoe County, which asks the voters in the county whether to authorize the board of county commissioners of the county to impose, for the period beginning on January 1, 2017, and ending on December 31, 2026, the taxes authorized by NRS 373.0667, as amended by section 3 of this act, and the additional annual increases in those taxes authorized by that section.
Sec.β18.ββ1.ββNRS 373.0665 and 373.165 are hereby repealed.
2.ββSections 1.9, 1.95, 2.7, 3.1, 3.2, 3.5, 3.7, 3.9, 4.7, 5.7, 6.7, 7.7, 8.1, 8.2, 8.5, 8.7, 8.9, 9.7, 10.7, 11.3, 12 and 13 of chapter 540, Statutes of Nevada 2013, at pages 3549, 3550, 3552, 3554, 3555, 3557, 3558, 3561, 3562, 3563, 3564, 3565, 3567, 3569, 3570, 3571, 3576, 3581, 3584 and 3586, are hereby repealed.
Sec.β19.ββSections 1.3, 1.8, 1.85, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3, 9.3, 10.3 and 11.1 of chapter 540, Statutes of Nevada 2013, become effective on January 1, 2017, if the question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
Sec.β20.ββ1.ββThis section and sections 2 and 16 to 19, inclusive, of this act become effective upon passage and approval.
2.ββSections 1, 4, 7, 9 and 12 of this act become effective on November 9, 2016, if the question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question.
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κ2015 Statutes of Nevada, Page 2068 (CHAPTER 366, AB 191)κ
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on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question.
3.ββSections 3, 4.5, 6, 7.5, 9.5, 11, 12.5, 14 and 14.5 of this act become effective on January 1, 2017, if:
(a)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is not approved by a majority of the registered voters in Clark County voting on the question; and
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
4.ββSections 3, 5, 6, 8, 10, 11, 13, 14 and 15 of this act become effective on January 1, 2017, if:
(a)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to NRS 373.0663, as amended by section 2 of this act, is approved by a majority of the registered voters in Clark County voting on the question; and
(b)βThe question placed on the ballot at the general election on November 8, 2016, pursuant to section 17 of this act is approved by a majority of the registered voters in any county in this State voting on the question.
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Assembly Bill No. 206Assemblymen Spiegel, Swank; Carrillo, Joiner, Kirkpatrick, Ohrenschall, Oscarson, Sprinkle and Thompson
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CHAPTER 367
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[Approved: June 5, 2015]
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AN ACT relating to education; requiring a principal at a public school to provide certain information to the parent or guardian of a pupil who was included in a report of bullying or who school authorities believe has certain issues relating to his or her health regarding resources that may be available in the community for the pupil; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the principal of a public school or his or her designee to provide written notice to the parent or legal guardian of any pupil involved in a bullying or cyber-bullying incident on the premises of the school, at an activity sponsored by the school or on a school bus. (NRS 388.135, 388.1351) Section 1 of this bill requires the principal of a public school or his or her designee to provide a list of any resources that may be available in the community to assist a pupil to each parent or legal guardian of a pupil to whom written notice was provided, if such information is available.
Existing law also requires public school authorities to notify the parent or guardian of a child who is found or believed to have scoliosis, any visual or auditory problems or any gross physical defect. (NRS 392.420) Section 2 of this bill requires any written notice required pursuant to these provisions to include a list of any resources that may be available in the community to provide appropriate medical attention, if such information is available.
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κ2015 Statutes of Nevada, Page 2069 (CHAPTER 367, AB 206)κ
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββNRS 388.1351 is hereby amended to read as follows:
388.1351ββ1.ββA teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her designee on the day on which the teacher or other staff member witnessed the violation or received information regarding the occurrence of a violation.
2.ββThe principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The principal or the designee shall provide written notice of a reported violation of NRS 388.135 to the parent or legal guardian of each pupil involved in the reported violation. The notice must include, without limitation, a statement that the principal or the designee will be conducting an investigation into the reported violation and that the parent or legal guardian may discuss with the principal or the designee any counseling and intervention services that are available to the pupil.
3.ββThe investigation conducted pursuant to subsection 2 must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
[3.] 4.ββThe parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.
5.ββTo the extent that information is available, the principal or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.
Sec.β2.ββNRS 392.420 is hereby amended to read as follows:
392.420ββ1.ββIn each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:
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κ2015 Statutes of Nevada, Page 2070 (CHAPTER 367, AB 206)κ
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(a)βFor visual and auditory problems:
(1)βBefore the completion of the first year of initial enrollment in elementary school;
(2)βIn at least one additional grade of the elementary schools; and
(3)βIn one grade of the middle or junior high schools and one grade of the high schools; and
(b)βFor scoliosis, in at least one grade of schools below the high schools.
Κ Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.
2.ββIf any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.
3.ββA special examination for a possible visual or auditory problem must be provided for any child who:
(a)βIs enrolled in a special program;
(b)βIs repeating a grade;
(c)βHas failed an examination for a visual or auditory problem during the previous school year; or
(d)βShows in any other way that the child may have such a problem.
4.ββThe school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, without limitation, resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring that the pupil receives such resources.
5.ββIn any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
6.ββThe board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:
(a)βQualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and
(b)βPostsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.
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κ2015 Statutes of Nevada, Page 2071 (CHAPTER 367, AB 206)κ
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7.ββThe school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the childs parent or guardian files with the teacher a written statement objecting to the examination.
8.ββEach school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.
Sec.β3.ββThis act becomes effective on July 1, 2015.
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Assembly Bill No. 234Assemblymen Munford, Hickey, Diaz, Thompson, Flores; Elliot Anderson, Araujo, Benitez-Thompson, Bustamante Adams, Joiner, Kirkpatrick, Neal, Ohrenschall, Sprinkle, Swank and Wheeler
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Joint Sponsors: Senators Manendo, Atkinson, Denis, Kihuen, Ford; Harris and Spearman
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CHAPTER 368
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[Approved: June 5, 2015]
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AN ACT relating to education; requiring the standards of content and performance for a course of study in social studies established by the Council to Establish Academic Standards for Public Schools to include multicultural education; requiring certain licensed teachers to complete a course in multicultural education for renewal of their license; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for certain courses of study, including social studies. (NRS 389.520) Section 1.5 of this bill requires: (1) the standards of content and performance for social studies to include multicultural education; and (2) the Council to consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.
Section 2 of this bill requires a licensed teacher who is initially licensed on or after July 1, 2015, to submit with his or her first application for renewal of his or her license proof of the completion of a course in multicultural education. If the teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license. Section 2 also requires the Commission on Professional Standards in Education to prescribe the contents and credits required for such a course in multicultural education.
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κ2015 Statutes of Nevada, Page 2072 (CHAPTER 368, AB 234)κ
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EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Sectionβ1.ββ(Deleted by amendment.)
Sec.β1.5.ββNRS 389.520 is hereby amended to read as follows:
389.520ββ1.ββThe Council shall:
(a)βEstablish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection [3,] 4, based upon the content of each course, that is expected of pupils for the following courses of study:
(1)βEnglish, including reading, composition and writing;
(2)βMathematics;
(3)βScience;
(4)βSocial studies, which includes only the subjects of history, geography, economics and government;
(5)βThe arts;
(6)βComputer education and technology;
(7)βHealth; and
(8)βPhysical education.
(b)βEstablish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.
(c)βAssign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.
2.ββThe standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:
(a)βThe ethical use of computers and other electronic devices, including, without limitation:
(1)βRules of conduct for the acceptable use of the Internet and other electronic devices; and
(2)βMethods to ensure the prevention of:
(I)βCyber-bullying;
(II)βPlagiarism; and
(III)βThe theft of information or data in an electronic form;
(b)βThe safe use of computers and other electronic devices, including, without limitation, methods to:
(1)βAvoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;
(2)βRecognize when an on-line electronic communication is dangerous or potentially dangerous; and
(3)βReport a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;
(c)βThe secure use of computers and other electronic devices, including, without limitation:
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κ2015 Statutes of Nevada, Page 2073 (CHAPTER 368, AB 234)κ
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(1)βMethods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;
(2)βThe necessity for secure passwords or other unique identifiers;
(3)βThe effects of a computer contaminant;
(4)βMethods to identify unsolicited commercial material; and
(5)βThe dangers associated with social networking Internet sites; and
(d)βA designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.
3.ββThe standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.
4.ββThe Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.
[4.]β5.ββThe Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:
(a)βAdopt the standards for each course of study, as submitted by the Council; or
(b)βIf the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.
[5.]β6.ββIf the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:
(a)βConsider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and
(b)βReturn the standards or the revised standards, as applicable, to the State Board.
Κ The State Board shall adopt the standards of content and performance or the revised standards, as applicable.
[6.]β7.ββThe Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.
[7.]β8.ββAs used in this section:
(a)βComputer contaminant has the meaning ascribed to it in NRS 205.4737.
(b)βCyber-bullying has the meaning ascribed to it in NRS 388.123.
(c)βElectronic communication has the meaning ascribed to it in NRS 388.124.
Sec.β2.ββChapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
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κ2015 Statutes of Nevada, Page 2074 (CHAPTER 368, AB 234)κ
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1.ββAny licensed teacher who is initially licensed on or after July 1, 2015, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.
2.ββThe Commission shall adopt regulations:
(a)βThat prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;
(b)βThat prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education; and
(c)βAs otherwise necessary to carry out the requirements of this section.
Sec.β3.ββOn or before January 1, 2016, the Commission on Professional Standards in Education shall adopt regulations to carry out the provisions of section 2 of this act.
Sec.β4.ββ(Deleted by amendment.)
Sec.β4.5.ββ1.ββThere is hereby appropriated from the State General Fund to the Department of Education the sum of $8,406 for the costs of programming changes to the licensure system of the Department and the adoption of regulations related to multicultural education as required by the amendatory provisions of this act.
2.ββAny remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2017, by the entity to which the appropriation is made or any entity to which the money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2017, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2017.
Sec.β5.ββThis act becomes effective on July 1, 2015.
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