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ê2015 Statutes of Nevada, Page 2961ê

 

CHAPTER 489, SB 314

Senate Bill No. 314–Senator Roberson

 

Joint Sponsor: Assemblyman Thompson

 

CHAPTER 489

 

[Approved: June 9, 2015]

 

AN ACT relating to public health; revising the composition and duties of health districts in certain larger counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates a health district in a county whose population is 700,000 or more (currently Clark County). The health district consists of a district health officer and a district board of health, which consists of representatives selected by various governmental entities and additional members selected by those representatives. (NRS 439.362) Section 3 of this bill revises the composition of such a health district to include a chief medical officer and a public health advisory board. Section 3 provides that certain members selected by the representatives of various governmental entities under current law no longer serve as voting members of the district board of health and instead comprise the public health advisory board, the members of which serve as nonvoting members of the district board of health. Section 3 additionally includes one resident of each city in the county, as selected by the governing body of the city, on the public health advisory board. Section 3 also prohibits any member of the district board of health from designating another person to vote, participate in a discussion or otherwise serve on his or her behalf. Section 4 of this bill provides for the conversion of the currently serving members of a district board of health whose positions would become part of a public health advisory board pursuant to section 3. Section 1 of this bill provides for the appointment, job description, qualifications and compensation of a chief medical officer. Section 3.5 of this bill revises provisions relating to the duties, selection, job description, qualifications and compensation of a district health officer.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The district health officer shall, with the approval of the district board of health:

      (a) Approve a job description, qualifications and compensation for a chief medical officer; and

      (b) Oversee the recruitment and selection process for and appoint a chief medical officer, who serves under the direction of the district health officer.

      2.  The chief medical officer is entitled to receive the compensation approved by the district health officer and serves at the pleasure of the district board of health.

      Sec. 2.  NRS 439.361 is hereby amended to read as follows:

      439.361  The provisions of NRS 439.361 to 439.368, inclusive, and section 1 of this act apply to a county whose population is 700,000 or more.

 

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      Sec. 3.  NRS 439.362 is hereby amended to read as follows:

      439.362  1.  A health district with a health department consisting of a district health officer , a chief medical officer, a public health advisory board and a district board of health is hereby created.

      2.  The district board of health consists of:

      (a) Representatives selected by the following entities from among their elected members:

             (1) Two representatives of the board of county commissioners;

             (2) Two representatives of the governing body of the largest incorporated city in the county; and

             (3) One representative of the governing body of each other city in the county; and

      (b) The following representatives, selected by the elected representatives of the district board of health selected pursuant to paragraph (a), who shall represent the health district at large and who must be selected based on their qualifications without regard to the location within the health district of their residence or their place of employment:

             (1) [Two representatives] One representative who [are physicians] is a physician licensed to practice medicine in this State ; [, one of whom is selected on the basis of his or her education, training, experience or demonstrated abilities in the provision of health care services to members of minority groups and other medically underserved populations;]

             (2) [One representative who is a nurse licensed to practice nursing in this State;

             (3) One representative who has a background or expertise in environmental health or environmental health services;

             (4)] One representative of a nongaming business or from an industry that is subject to regulation by the health district; and

             [(5)] (3) One representative of the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year, who must be selected from a list of nominees submitted by the association. If no such association exists, the representative selected pursuant to this subparagraph must represent the gaming industry.

      3.  The public health advisory board consists of:

      (a) One resident of each city in the county selected by the governing body of each such city; and

      (b) The following representatives, selected by the district board of health, who shall advise the health district on matters relating to public health and who must be selected based on their qualifications without regard to the location within the health district of their residence or their place of employment:

             (1) One representative who is a physician licensed to practice medicine in this State, selected on the basis of his or her education, training, experience or demonstrated abilities in the provision of health care services to members of minority groups and other medically underserved populations;

             (2) One representative who is a nurse licensed to practice nursing in this State; and

             (3) One representative who has a background or expertise in environmental health or environmental health services.

 

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ê2015 Statutes of Nevada, Page 2963 (CHAPTER 489, SB 314)ê

 

      4.  Members of the public health advisory board serve as nonvoting members of the district board of health. A member of the district board of health may not designate another person to vote, participate in a discussion or otherwise serve on his or her behalf.

      5.  Members of the district board of health and the public health advisory board serve terms of 2 years. Vacancies must be filled in the same manner as the original selection for the remainder of the unexpired term. Members serve without additional compensation for their services, but are entitled to reimbursement for necessary expenses for attending meetings or otherwise engaging in the business of [the] their respective board.

      [4.] 6.  The district board of health shall meet in July of each year to organize and elect one of its voting members selected pursuant to subsection 2 as chair of the board.

      [5.] 7.  The county treasurer is the treasurer of the district board of health. The treasurer shall:

      (a) Keep permanent accounts of all money received by, disbursed for and on behalf of the district board of health; and

      (b) Administer the health district fund created by the board of county commissioners pursuant to NRS 439.363.

      [6.] 8.  The district board of health shall maintain records of all of its proceedings and minutes of all meetings, which must be open to inspection.

      [7.] 9.  No county, city or town board of health may be created in the county. Any county, city or town board of health in existence when the district board of health is created must be abolished.

      Sec. 3.5.  NRS 439.368 is hereby amended to read as follows:

      439.368  1.  The district board of health shall appoint a district health officer for the health district who shall have full authority as a county health officer in the health district.

      2.  The district health officer [must:

      (a) Be licensed to practice medicine or osteopathic medicine in this State or be eligible for such a license and obtain such a license within 12 months after being appointed as district health officer;

      (b) Have at least 5 years of management experience in a local, state or national public health department, program, organization or agency; and

      (c) Have:

             (1) At least a master’s degree in public health, health care administration, public administration, business administration or a related field;

             (2) Work experience which is deemed to be equivalent to a degree described in subparagraph (1), which may include, without limitation, relevant work experience with a national organization which conducts research on issues concerning public health; or

             (3) Obtained certification from or be eligible to be certified by the American Board of Preventive Medicine, the American Osteopathic Board of Preventive Medicine, a successor organization or, if there is no successor organization, by a similar organization designated by the district board of health.] shall direct the work of the health district, administer the health district and perform any other duties specified by the district board of health.

      3.  The district board of health shall:

      (a) Approve a job description, qualifications and compensation for a district health officer; and

 

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      (b) Oversee the recruitment and selection process for a district health officer.

      4.  The district health officer is entitled to receive [a salary fixed] the compensation approved by the district board of health and serves at the pleasure of the board.

      [4.] 5.  Any clinical program of a district board of health which requires medical assessment must be carried out under the direction of a physician.

      Sec. 4.  1.  The term of each member serving on a district board of health created pursuant to NRS 439.362 who is selected pursuant to subparagraph (2) or (3) of paragraph (b) of subsection 2 of NRS 439.362, and the term of one member, chosen by the district board of health, who is selected pursuant to subparagraph (1) of that paragraph, expire on June 30, 2015.

      2.  A person whose term as a member of a district board of health expires pursuant to subsection 1 shall be deemed to be a member of the public health advisory board created by NRS 439.362, as amended by section 3 of this act, on and after July 1, 2015. The term of office of a person deemed to be a member of a public health advisory board pursuant to this subsection expires on the date that the person’s term as a member of the district board of health would have expired notwithstanding the provisions of subsection 1.

      3.  The governing body of each city specified in paragraph (a) of subsection 3 of NRS 439.362, as amended by section 3 of this act, shall, on or before July 1, 2015, select one resident of the city to serve as a member of the public health advisory board pursuant to that paragraph.

      4.  The district board of health shall, on or before July 1, 2015, appoint a district administrative officer pursuant to section 1 of this act.

      Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 6.  1.  This section and sections 4 and 5 of this act become effective upon passage and approval.

      2.  Sections 1 to 3.5, inclusive, of this act become effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2965ê

 

CHAPTER 490, SB 168

Senate Bill No. 168–Senators Settelmeyer, Goicoechea, Gustavson and Lipparelli

 

Joint Sponsors: Assemblymen Kirner, O’Neill, Trowbridge and Wheeler

 

CHAPTER 490

 

[Approved: June 9, 2015]

 

AN ACT relating to local governments; revising provisions relating to the reopening of a collective bargaining agreement during a period of fiscal emergency; excluding certain money from collective bargaining negotiations and from consideration in determining the ability of local governments, other than school districts, to pay compensation and monetary benefits; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain mandatory subjects of bargaining in the negotiation of a collective bargaining agreement between a local government employer and a recognized employee organization. Among these mandatory subjects is a requirement that the parties bargain over procedures and requirements for the reopening and renegotiation of the agreement during periods of fiscal emergency. Currently, the existence of such an emergency is determined on the basis of revenue shortfalls or other criteria agreed to by the parties. (NRS 288.150) Section 1 of this bill authorizes a local government to reopen a collective bargaining agreement during a fiscal emergency and sets forth the circumstances under which such an emergency shall be deemed to exist. The procedural requirements relating to the reopening of the agreement remain a mandatory subject of bargaining.

      Existing law provides for the resolution of an impasse in collective bargaining through fact-finding, arbitration or both, but imposes limitations on the money that a fact finder or arbitrator may consider in determining the financial ability of a local government employer to pay compensation or monetary benefits. (NRS 288.200, 288.215, 288.217, 354.6241) Section 2 of this bill provides, for certain governmental funds of a local government other than a school district, that a budgeted ending fund balance of not more than 25 percent of the total budgeted expenditures, less capital outlay, is not subject to negotiation and cannot be considered by a fact finder or arbitrator in determining ability to pay.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as otherwise provided in subsection 4 [,] and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

 

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ê2015 Statutes of Nevada, Page 2966 (CHAPTER 490, SB 168)ê

 

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence.

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or workweek.

      (h) Total number of days’ work required of an employee in a work year.

      (i) Discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) The policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in workforce consistent with the provisions of this chapter.

      (w) Procedures [and requirements] consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements [that exceed 1 year in duration] for additional, further, new or supplementary negotiations during periods of fiscal emergency. [The requirements for the reopening of a collective bargaining agreement must include, without limitation, measures of revenue shortfalls or reductions relative to economic indicators such as the Consumer Price Index, as agreed upon by both parties.]

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation workload factors, except for safety considerations;

 

 

 

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ê2015 Statutes of Nevada, Page 2967 (CHAPTER 490, SB 168)ê

 

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to [take] :

      (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:

             (1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or

             (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

      (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

Ê Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

      6.  This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

      Sec. 2.  NRS 354.6241 is hereby amended to read as follows:

      354.6241  1.  The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:

 

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ê2015 Statutes of Nevada, Page 2968 (CHAPTER 490, SB 168)ê

 

      (a) Whether the fund is being used in accordance with the provisions of this chapter.

      (b) Whether the fund is being administered in accordance with generally accepted accounting procedures.

      (c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.

      (d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.

      (e) The statutory and regulatory requirements applicable to the fund.

      (f) The balance and retained earnings of the fund.

      2.  Except as otherwise provided in subsection 3 and NRS 354.59891 and 354.613, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.

      3.  For any local government other than a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than 25 percent of the total budgeted expenditures, less capital outlay, for a general fund:

      (a) Is not subject to negotiations with an employee organization; and

      (b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.

      Sec. 3.  The amendatory provisions of this act do not apply during the current term of any collective bargaining agreement entered into before the effective date of this act, but do apply to any extension or renewal of such an agreement and to any such agreement entered into on or after the effective date of this act.

      Sec. 4.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 2969ê

 

CHAPTER 491, SB 214

Senate Bill No. 214–Committee on Finance

 

CHAPTER 491

 

[Approved: June 9, 2015]

 

AN ACT relating to state financial administration; creating the Nevada Advisory Council on Federal Assistance; providing for the membership, powers and duties of the Council; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill generally creates the Nevada Advisory Council on Federal Assistance for the purposes of advising and assisting state and local agencies with respect to obtaining and maximizing federal assistance that may be available from any agency or authority of the Federal Government. Section 3 of this bill creates the Council and prescribes the membership of the Council. Sections 4 and 5 of this bill set forth the duties and powers of the Council. Section 4 requires the Council to meet at least once annually and authorizes the Council, for the purpose of carrying out its duties, to: (1) appoint committees from its members; (2) engage the services of volunteers and consultants without compensation; and (3) apply for and receive gifts, grants, contributions and other money from any source. Section 4 further requires the Council to submit annual reports to the Governor and the Legislature outlining the activities and recommendations of the Council. Section 5 requires the Council, within the scope of its authority, to advise and assist state and local agencies with respect to obtaining and maximizing federal assistance. Section 5 authorizes the Council to request certain information in accordance with its stated purpose and authorizes a state or local agency to cooperate with the Council for the purpose of obtaining and maximizing federal assistance that may be available to the agency. Section 5 requires the Council to: (1) address methods and models for identifying, procuring, utilizing and maintaining federal assistance; and (2) develop legislative and executive recommendations.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “Council” means the Nevada Advisory Council on Federal Assistance created by section 3 of this act.

      Sec. 3.  1.  The Nevada Advisory Council on Federal Assistance is hereby created. The Council consists of the following seven members:

      (a) One member of the Senate appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly appointed by the Speaker of the Assembly.

 

 

 

 

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ê2015 Statutes of Nevada, Page 2970 (CHAPTER 491, SB 214)ê

 

      (c) One member appointed by the Governor who represents a nonprofit organization that provides grants in this State.

      (d) One member appointed by the Governor who represents a local government.

      (e) One member appointed by the Governor who represents private businesses.

      (f) The Chief of the Budget Division of the Department of Administration.

      (g) The Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration.

      2.  The members described in:

      (a) Paragraphs (a) to (e), inclusive, of subsection 1 are voting members.

      (b) Paragraphs (f) and (g) of subsection 1 are nonvoting members.

      3.  The Governor shall, to the extent practicable, collaborate to ensure that the persons appointed pursuant to paragraphs (c), (d) and (e) of subsection 1 are representative of the urban and rural areas of this State.

      4.  Each appointed member of the Council serves a term of 2 years.

      5.  An appointed member of the Council:

      (a) May be reappointed.

      (b) Shall not serve more than three terms.

      6.  Any vacancy occurring in the appointed membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. A member appointed to fill a vacancy shall serve as a member of the Council for the remainder of the original term of appointment.

      7.  Each member of the Council:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      8.  The Department of Administration shall provide the Council with administrative support.

      Sec. 4.  1.  At the first meeting of each calendar year, the Council shall elect from its members a Chair, Vice Chair and Secretary, and shall adopt the rules and procedures of the Council.

      2.  The Council shall meet at least once each calendar year and at other times at the call of the Chair or a majority of its members.

      3.  A majority of the members of the Council constitutes a quorum for the transaction of business, and a quorum may exercise any power or authority conferred on the Council.

      4.  The Council may:

      (a) For the purpose of carrying out the duties of the Council:

             (1) Appoint committees from its members.

             (2) Engage the services of volunteer workers and consultants without compensation.

      (b) For the purpose of carrying out the duties set forth in paragraph (a) of subsection 3 of section 5 of this act, apply for and receive gifts, grants, contributions or other money from any source.

      5.  The Council shall, on or before December 31 of each year, prepare and submit a report outlining the activities and recommendations of the Council to:

 

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ê2015 Statutes of Nevada, Page 2971 (CHAPTER 491, SB 214)ê

 

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Legislative Commission if the report is submitted in an odd-numbered year; or

             (2) The next regular session of the Legislature if the report is submitted in an even-numbered year.

      Sec. 5.  1.  The Council shall, within the scope of its authority, advise and assist state and local agencies with respect to obtaining and maximizing federal assistance.

      2.  The Council may request information from state and local agencies for the purposes of evaluating and monitoring the success of such agencies in accordance with the stated purpose of the Council pursuant to subsection 1. A state or local agency may provide any information, collaborate with the Council or utilize any assistance offered by the Council for the purpose of obtaining and maximizing any federal assistance that may be available to the state or local agency.

      3.  The Council shall:

      (a) Address methods and models for identifying, procuring, utilizing and maintaining federal assistance, including, without limitation:

             (1) Streamlining process, regulatory, structural and other barriers to the acquisition of federal assistance that may exist at each level of federal, state or local government.

             (2) Developing and expanding opportunities for obtaining matching funds for federal assistance.

             (3) Ensuring sufficient personnel and technical expertise in state and local governments and nonprofit organizations.

             (4) Developing and expanding opportunities to work with nonprofit organizations to achieve common goals.

             (5) Standards for balancing the costs to a state or local agency of maximizing eligibility for federal assistance relative to the ability of the agency to utilize effectively such federal assistance.

      (b) Develop legislative and executive recommendations on matters described in paragraph (a).

      4.  As used in this section, “federal assistance” means money, equipment, material or services that may be available to a state or local agency from any agency or authority of the Federal Government pursuant to a federal program.

      Sec. 6.  1.  The members of the Nevada Advisory Council on Federal Assistance created by section 3 of this act who are appointed to initial terms in accordance with paragraphs (a) to (e), inclusive, of subsection 1 of section 3 of this act must be appointed on or before October 1, 2015.

      2.  The Governor shall call the first meeting of the Council, which must take place on or before December 31, 2015.

      Sec. 7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 8.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2972ê

 

CHAPTER 492, AB 221

Assembly Bill No. 221–Assemblyman Kirner

 

CHAPTER 492

 

[Approved: June 9, 2015]

 

AN ACT relating to education; making various changes concerning policies governing data which includes information about pupils that is maintained by the Department of Education; requiring certain contracts that require disclosure of personally identifiable information concerning pupils to include provisions concerning the protection of such information; requiring the Department to adopt a data security plan for collecting, maintaining and transferring data concerning pupils; requiring the annual report of the state of public education to include certain information concerning the collection, maintenance and transfer of data concerning pupils; requiring certain entities to adopt policies concerning data which includes information concerning pupils; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for an automated system of accountability information for the State of Nevada. (NRS 386.650) Section 2 of this bill requires the Department of Education to establish, publish and make publicly available on its Internet website: (1) an index of data elements that the Department maintains or proposes to include in the automated system of accountability information for Nevada; (2) an explanation of the index of data elements that must include a description of each data element and the reason for collecting or proposing to collect such an element; and (3) the third-party service providers, organizations and agencies that have access to the data about individual pupils maintained by the Department in this system. Section 2 also requires the Department to update this information at least once each biennium.

      Existing law requires a public school to comply with federal law governing: (1) access to the education records of a pupil; (2) requesting an amendment or other change to the education records of a pupil; and (3) confidentiality of the education records of a pupil. (NRS 392.029) Section 3 of this bill requires the Department to adopt any policies and procedures necessary to ensure the privacy of data about pupils which are consistent with relevant state and federal privacy laws. Section 3 also requires the Department to review these policies and procedures at least once each biennium and revise them as necessary.

      Section 4 of this bill requires any contract entered into by the Department, a school district, a charter school, a university school for profoundly gifted pupils or any public school that provides for the disclosure of data that includes any personally identifiable information of a pupil to include: (1) express provisions to protect the privacy and security of such information; and (2) a penalty for intentional or grossly negligent noncompliance with the terms of the contract.

      Section 5 of this bill requires the Department, in consultation with each school district, the sponsor of a charter school and the governing body of a university school for profoundly gifted pupils to adopt a detailed plan to provide for the security of data that is collected, maintained and transferred by the Department. Section 5 also requires the board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils to carry out this plan.

      Existing law requires the Department, in conjunction with the State Board of Education, to prepare an annual report of the state of public education in this State. (NRS 385.230) Section 5 requires each school district, sponsor of a charter school and university school for profoundly gifted pupils to prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department.

 

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and university school for profoundly gifted pupils to prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department. Section 6 of this bill requires the annual report to include: (1) a description of any significant changes made to the collection, maintenance or transfer of data concerning pupils; and (2) any new data elements proposed for inclusion in the automated system of accountability information for Nevada.

      Section 8 of this bill requires the board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils to establish, publish and make publicly available an index of categories of data transferred to the automated system of accountability information for Nevada. Section 8 also requires the board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils to establish, publish and make publicly available a list of third-party service providers, organizations and agencies that have access to such information.

      Section 9 of this bill requires the board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils to adopt policies and procedures governing: (1) the use by teachers and other educational personnel of certain software; and (2) the manner in which data concerning pupils may be provided to any person when the provision of such data is not expressly authorized by the board of trustees or the governing body, as applicable.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The Department shall establish, publish and make publicly available on its Internet website:

      (a) An index of the data elements that the Department maintains or proposes to include in the automated system of accountability information for Nevada established pursuant to NRS 386.650, including, without limitation:

             (1) Data concerning individual pupils; and

             (2) Aggregated data concerning pupils within a defined group.

      (b) An explanation of the index of data elements established pursuant to paragraph (a), which must include, without limitation:

             (1) A description of each data element concerning each individual pupil;

             (2) The reason for collecting or proposing to collect each data element concerning each individual pupil; and

             (3) The third-party service providers, organizations and agencies that have access to the data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 386.650.

      2.  At least once each biennium, the Department shall update the information described in subsection 1.

      Sec. 3.  1.  The Department shall adopt any policies and procedures necessary to ensure the privacy of data concerning pupils which are consistent with relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

 

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consistent with relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

      2.  At least once each biennium, the Department shall review and revise as necessary the policies and procedures described in subsection 1.

      Sec. 4.  1.  Any contract entered into by the Department, a school district, a sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or any public school that provides for the disclosure of data that includes any personally identifiable information of a pupil must include, without limitation:

      (a) Provisions specifically to protect the privacy and security of the personally identifiable information; and

      (b) A penalty for intentional or grossly negligent noncompliance with the terms of the contract, including, without limitation, provisions for termination of the contract and for the payment of monetary damages for any breach of the terms of the contract.

      2.  As used in this section, “personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.

      Sec. 5.  1.  The Department, in consultation with each school district, the sponsor of each charter school and the governing body of a university school for profoundly gifted pupils shall adopt a detailed plan to provide for the security of any data concerning pupils that is collected, maintained and transferred by the Department.

      2.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall comply with and carry out the data security plan adopted by the Department pursuant to subsection 1.

      3.  Each school district, sponsor of a charter school and university school for profoundly gifted pupils shall prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department pursuant to NRS 385.230.

      Sec. 6.  NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385.3572;

      (b) An update on the status of K-12 public education in this State;

      (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.3593;

      (e) A description of any significant changes made to the collection, maintenance or transfer of data concerning pupils by the Department, a school district, a sponsor of a charter school or a university school for profoundly gifted pupils;

 

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      (f) Any new data elements, including, without limitation, data about individual pupils and aggregated data about pupils within a defined group, proposed for inclusion in the automated system of accountability information for Nevada established pursuant to NRS 386.650;

      (g) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

      [(f)] (h) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

      [(g)] (i) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

      [(h)] (j) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 386.650 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

      [(i)] (k) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

      [(j)] (l) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board; and

      [(k)] (m) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.

      Sec. 7.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

      Sec. 8.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall establish, publish and make publicly available:

      1.  An index of categories of data, including, without limitation, data concerning individual pupils and aggregated data concerning pupils within a defined group transferred to the automated system of accountability information for Nevada established pursuant to NRS 386.650; and

 

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a defined group transferred to the automated system of accountability information for Nevada established pursuant to NRS 386.650; and

      2.  A list of the third-party service providers, organizations and agencies that have access to data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 386.650.

      Sec. 9.  The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils shall adopt policies and procedures governing:

      1.  The use by teachers and other educational personnel of software offered to users free of charge for basic services, but that requires users to pay for any additional or premium proprietary features, functionality or virtual goods; and

      2.  The manner in which data concerning pupils may be provided to a person when the provision of such data is not expressly authorized by the board of trustees or governing body, as applicable.

      Sec. 10.  NRS 218E.625 is hereby amended to read as follows:

      218E.625  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division. The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.

      2.  The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Committee:

      (a) Collect and analyze data and issue written reports concerning:

             (1) The effectiveness of the provisions of NRS 385.3455 to 385.3891, inclusive, and section 2 of this act in improving the accountability of the schools of this State;

             (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

             (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 389.012; and

             (5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.

      (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:

             (1) As the Fiscal Analysts determine are necessary; or

             (2) At the request of the Legislature.

Ê This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.

      (c) On or before October 1 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the next regular session. The Bureau shall, on or before October 1 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the Legislative Commission and to the Legislative Committee on Education.

      3.  The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section.

 

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of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.

      4.  Except as otherwise provided in this subsection and NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

      5.  This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.

      Sec. 11.  The provisions of section 4 of this act do not apply to any contract entered into before July 1, 2015, until extended or renewed.

      Sec. 12.  This act becomes effective on July 1, 2015.

________

CHAPTER 493, AB 258

Assembly Bill No. 258–Assemblywoman Fiore

 

CHAPTER 493

 

[Approved: June 9, 2015]

 

AN ACT relating to unlawful acts; prohibiting a person from obstructing certain property or roadways; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill: (1) prohibits a person from intentionally obstructing certain property or roadways; and (2) prescribes certain civil remedies for persons aggrieved by such conduct.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not intentionally obstruct:

      (a) The ingress or egress to any public or private property from any other public or private place in such a manner as not to leave a free passageway for persons and vehicles lawfully seeking to enter or leave the property via the public or private place; or

      (b) Any public or private roadway, including, without limitation, intersections, so as to prevent the safe passage of vehicles thereon or therethrough.

 

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      2.  In addition to any other remedy, a person aggrieved by a violation of subsection 1 may bring a civil action in a court of competent jurisdiction against any person who commits the violation to seek any or all of the following relief:

      (a) Declaratory and injunctive relief, including, without limitation, injunctive relief to enjoin any ongoing activity that violates any provision of subsection 1. For the purposes of injunctive relief, a person who brings an action pursuant to this subsection is entitled to a rebuttable presumption of irreparable harm.

      (b) Actual damages.

      (c) Reasonable attorney’s fees and costs.

      (d) Any other legal or equitable relief that the court deems appropriate.

      3.  A person who violates the provisions of this section is not subject to criminal liability.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 494, AB 476

Assembly Bill No. 476–Committee on Ways and Means

 

CHAPTER 494

 

[Approved: June 9, 2015]

 

AN ACT relating to unarmed combat; requiring the Nevada Athletic Commission to perform drug testing of amateur and professional unarmed combatants; requiring the Governor to designate a member of the Commission as Chair of the Commission; increasing the percentage of the total gross receipts from admission fees to a live contest or exhibition of unarmed combat required to be paid by a promoter as part of a license fee; requiring a portion of such percentage to be deposited with the State Treasurer for credit to the Athletic Commission’s Agency Account; eliminating certain license fees; granting certain authority to the Chair of the Commission; revising provisions concerning disciplinary action taken by the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the members of the Nevada Athletic Commission to elect a member as Chair of the Commission. (NRS 467.030) Section 1.5 of this bill instead: (1) requires the Governor to designate a member of the Commission as Chair of the Commission; and (2) provides that the designation as Chair lasts for 2 years, unless revoked by the Governor. Section 3.3 of this bill grants certain authority to the Chair, including the authority to issue subpoenas and administer oaths.

      Existing law requires a person who charges and receives an admission fee for exhibiting any live contest or exhibition of unarmed combat on a closed-circuit telecast or motion picture to pay a license fee of 4 cents for each $1 or fraction thereof received for admission, based on the face value of all tickets sold and complimentary tickets issued. (NRS 467.104) Section 2.5 of this bill provides that complimentary tickets are not included in the calculation of the license fee.

 

 

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      Existing law also requires every promoter, which is a person who produces or stages any professional contest or exhibition of unarmed combat, to pay a license fee. Part of the license fee is calculated as 6 percent of the total gross receipts from admission fees to a live contest or exhibition of unarmed combat, exclusive of any tax. (NRS 467.107) Section 3 of this bill increases this percentage of the total gross receipts from admission fees for purposes of calculating the license fee to 8 percent. Section 3 provides that complimentary tickets and tickets given to charitable organizations are not included in the total gross receipts from admission fees used to calculate such a license fee under certain circumstances. Section 3 also requires that one-fourth of that 8 percent be deposited with the State Treasurer for credit to the Athletic Commission’s Agency Account. Additionally, section 3 provides that a promoter is entitled to receive a credit against the license fee in an amount equal to the amount paid by the promoter to the Commission or to an organization sanctioned by the Commission to administer a drug testing program for unarmed combatants. Finally, section 3 eliminates the requirement to pay a fee based upon the gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights, and section 3.9 of this bill accordingly repeals the requirement to file copies of all contracts relating to television rights for a contest or exhibition of unarmed combat.

      Existing law authorizes the Commission to take disciplinary action and impose penalties against persons for violating the provisions of chapter 467 of NRS. (NRS 467.110, 467.117, 467.157, 467.158) Section 3.5 of this bill authorizes the Commission, in addition to any other disciplinary action taken against a person, to impose a ban from participation in unarmed combat in this State for a certain period, including a lifetime ban from participation in unarmed combat in this State. Section 3.5 also provides that the authority of the Commission to take disciplinary action against a person must not be construed to be limited to those persons who are licensed by the Commission. Such authority extends to any person involved in or associated with unarmed combat in this State who violates any provision of chapter 467 of NRS.

      Additionally, existing law requires the Commission to use certain money collected from promoters for certain specified purposes. (NRS 467.108) Section 1 of this bill requires the Commission to perform drug testing of amateur and professional unarmed combatants, and section 3.1 of this bill provides that one of the purposes for which such money must be used is to perform such drug testing.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission shall perform drug testing of amateur and professional unarmed combatants. Such drug testing may take place at any time, including, without limitation, during any period of training.

      Sec. 1.5.  NRS 467.030 is hereby amended to read as follows:

      467.030  1.  The [members] Governor shall designate a member of the Commission [shall elect one of their number] as Chair of the Commission. The designation as Chair lasts for 2 years, unless revoked by the Governor.

      2.  The Commission may purchase and use a seal.

      3.  The Commission may adopt regulations for the administration of this chapter. The regulations must include:

      (a) Number and qualifications of ring officials required at any exhibition or contest.

 

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      (b) Procedures for obtaining fingerprints pursuant to NRS 467.100 to investigate the criminal history of all ring officials and employees of the Commission and any other applicant the Commission wishes to investigate.

      (c) Powers, duties and compensation of ring officials.

      (d) Qualifications of licensees.

      4.  The Commission shall prepare all forms of contracts between sponsors, licensees, promoters and contestants.

      Sec. 2.  NRS 467.040 is hereby amended to read as follows:

      467.040  1.  The Commission may employ an Executive Director, who must not be a member of the Commission.

      2.  Except as provided in NRS 467.080 , subsection 2 of NRS 467.107 and NRS 467.135, all money received by the Executive Director or the Commission pursuant to the provisions of this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 2.5.  NRS 467.104 is hereby amended to read as follows:

      467.104  1.  Any person who charges and receives an admission fee for exhibiting any live contest or exhibition of unarmed combat on a closed-circuit telecast, or motion picture, shall, within 10 days after the event, furnish to the Commission a verified written report on a form which is supplied by the Commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.

      2.  That person shall also, not later than 20 days after the exhibition, pay to the Commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at the exhibition. The license fee applies uniformly at the same rate to all persons subject to it. The license fee must be based on the face value of all tickets sold . [and complimentary tickets issued.]

      Sec. 3.  NRS 467.107 is hereby amended to read as follows:

      467.107  1.  In addition to the payment of any other fees and money due under this chapter, every promoter, except as provided in subsection [2,] 3, shall pay a license fee of [:

      (a) Six] 8 percent of the total gross receipts from admission fees to the live contest or exhibition of unarmed combat, exclusive of any federal tax or tax imposed by any political subdivision of this state , [; and

      (b) Three percent of the first $1,000,000, and 1 percent of the next $2,000,000, of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest or exhibition,

Ê] without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges.

      2.  One-fourth of the total gross receipts from admission fees collected pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Athletic Commission’s Agency Account created by NRS 467.080.

      3.  A corporation organized pursuant to NRS 81.550 to 81.660, inclusive, which promotes an amateur contest or exhibition of unarmed combat whose net proceeds are to be spent entirely in this state, for the purposes for which the corporation is organized, is exempt from the fees payable under this section. The corporation must retain the services of a promoter licensed pursuant to this chapter.

      [3.] 4.  A promoter is entitled to receive a credit against the license fee imposed by this section in an amount equal to the amount paid by the promoter to the Commission or to an organization sanctioned by the Commission to administer a drug testing program for unarmed combatants, subject to regulations adopted pursuant to subsection 5.

 

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ê2015 Statutes of Nevada, Page 2981 (CHAPTER 494, AB 476)ê

 

promoter to the Commission or to an organization sanctioned by the Commission to administer a drug testing program for unarmed combatants, subject to regulations adopted pursuant to subsection 5.

      5.  The Commission shall adopt regulations [:] governing:

      (a) [Requiring that the number and face value of all complimentary tickets be reported.

      (b) Governing the] The treatment of complimentary tickets for the purposes of computing gross receipts from admission fees under [paragraph (a) of] subsection 1.

      (b) Credits against the license fee imposed by this section.

      (c) The sanctioning of organizations to administer a drug testing program for unarmed combatants pursuant to subsection 4.

      6.  Except as otherwise provided in subsection 7, for the purpose of calculating the license fee imposed by this section, “gross receipts” does not include complimentary tickets or tickets provided to a charitable organization. As used in this subsection, “charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      7.  If a promoter issues complimentary tickets for more than 8 percent of the seats in the house for a live contest or exhibition of unarmed combat, the value of the complimentary tickets exceeding 8 percent of the seats in the house must be included in the calculation of the license fee imposed by this section.

      Sec. 3.1.  NRS 467.108 is hereby amended to read as follows:

      467.108  1.  Except as otherwise provided in subsection 2, in addition to the payment of any other fees or taxes required by this chapter, a promoter shall pay to the Commission a fee of $1.00 for each ticket sold for admission to a live professional contest of unarmed combat which is held in this State.

      2.  In lieu of the fee imposed pursuant to subsection 1, the Executive Director of the Commission may require a promoter to pay to the Commission a fee of $0.50 for each ticket sold for admission to a live professional contest of unarmed combat which is held in this State if the gross receipts from admission fees to the contest of unarmed combat are less than $500,000.

      3.  The money collected pursuant to subsections 1 and 2 must be used by the Commission:

      (a) To award grants to organizations which promote amateur contests or exhibitions of unarmed combat in this State;

      (b) To perform [random] drug testing of amateur and professional unarmed combatants [at any time, including, without limitation, during any period of training;] pursuant to section 1 of this act; or

      (c) For any combination of the purposes described in paragraphs (a) and (b).

      4.  The Commission shall adopt by regulation:

      (a) The manner in which the fees required by subsections 1 and 2 must be paid.

      (b) The manner in which applications for grants may be submitted to the Commission.

      (c) The standards to be used to award grants to organizations which promote amateur contests or exhibitions of unarmed combat in this State.

 

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      Sec. 3.3.  NRS 467.115 is hereby amended to read as follows:

      467.115  1.  The Chair of the Commission, or a quorum of three members [thereof,] of the Commission, may:

      (a) Issue subpoenas to require the attendance and testimony of a licensee or other person whom the Commission believes to have information of importance to the Commission;

      (b) Issue subpoenas duces tecum to require the production of books and papers by a licensee or other person whom the Commission believes to have books or papers of importance to the Commission;

      (c) Administer oaths and require testimony under oath;

      (d) Appoint hearing examiners who may administer oaths and receive evidence and testimony under oath; and

      (e) Pay such transportation and other expenses of witnesses as it may deem reasonable and proper.

      2.  Service of process or notice required pursuant to this section must be served in the manner provided for service of process and notices in civil actions.

      3.  A person making false oath in a matter before the Commission or a hearing examiner is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 3.5.  NRS 467.158 is hereby amended to read as follows:

      467.158  1.  If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection 2, the Commission may [, in lieu of revoking a license,] prescribe a penalty not to exceed $250,000.

      2.  If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:

      (a) The preparation for a contest or an exhibition of unarmed combat;

      (b) The occurrence of a contest or an exhibition of unarmed combat; or

      (c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,

Ê the Commission may prescribe a penalty pursuant to subsection 3.

      3.  A penalty prescribed by the Commission pursuant to subsection 2:

      (a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and

      (b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the Commission.

      4.  In addition to any other disciplinary action that is taken against a person by the Commission pursuant to this chapter, the Commission may impose a ban from participation in unarmed combat in this State for a certain period, including a lifetime ban from participation in unarmed combat in this State.

      5.  The authority of the Commission to take disciplinary action against a person pursuant to this chapter must not be construed to be limited to those persons who are licensed by the Commission. Such authority extends to any person involved in or associated with unarmed combat in this State who violates any provision of this chapter.

 

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      6.  If disciplinary action is taken against a person pursuant to this chapter, the Commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorney’s fees.

      Sec. 3.7.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, [467.137,] 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.

 

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ê2015 Statutes of Nevada, Page 2984 (CHAPTER 494, AB 476)ê

 

645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3.9.  NRS 467.137 is hereby repealed.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

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ê2015 Statutes of Nevada, Page 2985ê

 

CHAPTER 495, SB 276

Senate Bill No. 276–Senators Segerblom and Farley

 

CHAPTER 495

 

[Approved: June 9, 2015]

 

AN ACT relating to medical marijuana; revising provisions relating to the allocation of medical marijuana establishment registration certificates; authorizing the transfer of a medical marijuana establishment registration certificate in certain circumstances; authorizing a medical marijuana establishment to move to a new location under certain circumstances; revising provisions governing the registration of certain medical marijuana establishments; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law limits, by the size of the population of each county, the number of certain medical marijuana establishments that may be certified in each county, and also limits the Division of Public and Behavioral Health of the Department of Health and Human Services to accepting applications for the certification of such establishments to not more than 10 days in any calendar year. (NRS 453A.324) Section 1 of this bill requires the Division to reallocate the certificates provided for a county which has no qualified applicants to the other counties of this State. Section 5 of this bill provides for the reallocation and issuance of such currently unused certificates.

      Existing law prohibits the transfer of a medical marijuana establishment agent registration card or a medical marijuana establishment registration certificate. (NRS 453A.334) Section 2 of this bill allows the transfer of ownership in a medical marijuana establishment and the transfer of a medical marijuana establishment registration certificate if the new owner: (1) meets the requirements of existing law relating to liquid assets; (2) submits certain information to allow the Division to perform certain background checks; and (3) proves that its acquisition of the establishment will not violate certain restrictions on holding multiple establishments.

      Existing law establishes certain requirements for the location of a medical marijuana establishment. (NRS 453A.350) Section 3 of this bill allows an establishment to move to a new location under the jurisdiction of the same local government if, after a public hearing, the local government approves the new location. Section 4 of this bill requires the Division to revise its regulations to conform with the provisions of section 3.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 453A.324 is hereby amended to read as follows:

      453A.324  1.  Except as otherwise provided in this section and NRS 453A.326, the Division shall issue medical marijuana establishment registration certificates for medical marijuana dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322:

      (a) In a county whose population is 700,000 or more, 40 certificates;

      (b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;

      (c) In a county whose population is 55,000 or more but less than 100,000, two certificates; and

 

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      (d) In each other county, one certificate.

      2.  Notwithstanding the provisions of subsection 1, the Division [shall not] :

      (a) Shall not issue medical marijuana establishment registration certificates for medical marijuana dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical marijuana dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Division may issue medical marijuana establishment registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this subsection if to do so is necessary to ensure that the Division issues at least one medical marijuana establishment registration certificate in each county of this State in which the Division has approved an application for such an establishment to operate.

      (b) Shall, for any county for which no applicants qualify pursuant to NRS 453A.322, within 2 months after the end of the period during which the Division accepts applications pursuant to subsection 4, reallocate the certificates provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.

      3.  With respect to medical marijuana establishments that are not medical marijuana dispensaries, the Division shall determine the appropriate number of such establishments as are necessary to serve and supply the medical marijuana dispensaries to which the Division has granted medical marijuana establishment registration certificates.

      4.  The Division shall not, for more than a total of 10 business days in any 1 calendar year, accept applications to operate medical marijuana establishments.

      Sec. 2.  NRS 453A.334 is hereby amended to read as follows:

      453A.334  [The]

      1.  Except as otherwise provided in subsection 2, the following are nontransferable:

      [1.] (a) A medical marijuana establishment agent registration card.

      [2.] (b) A medical marijuana establishment registration certificate.

      2.  A medical marijuana establishment may transfer all or any portion of its ownership to another party, and the Division shall transfer the medical marijuana establishment registration certificate issued to the establishment to the party acquiring ownership, if the party who will acquire the ownership of the medical marijuana establishment submits:

      (a) Evidence satisfactory to the Division that the party has complied with the provisions of sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322 for the purpose of operating the medical marijuana establishment.

      (b) For the party and each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment, the name, address and date of birth of the person, a complete set of the person’s fingerprints and written permission of the person authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (c) Proof satisfactory to the Division that, as a result of the transfer of ownership, no person, group of persons or entity will, in a county whose population is 100,000 or more, hold more than one medical marijuana establishment registration certificate or more than 10 percent of the medical marijuana establishment registration certificates allocated to the county, whichever is greater.

 

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ê2015 Statutes of Nevada, Page 2987 (CHAPTER 495, SB 276)ê

 

population is 100,000 or more, hold more than one medical marijuana establishment registration certificate or more than 10 percent of the medical marijuana establishment registration certificates allocated to the county, whichever is greater.

      Sec. 3.  NRS 453A.350 is hereby amended to read as follows:

      453A.350  1.  Each medical marijuana establishment must:

      [1.] (a) Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

      [2.] (b) Comply with all local ordinances and rules pertaining to zoning, land use and signage;

      [3.] (c) Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and

      [4.] (d) Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

      2.  A medical marijuana establishment may move to a new location under the jurisdiction of the same local government as its original location and regardless of the distance from its original location if the operation of the medical marijuana establishment at the new location has been approved by the local government. A local government may approve a new location pursuant to this subsection only in a public hearing for which written notice is given at least 7 working days before the hearing.

      Sec. 4.  1.  The provisions of any regulation adopted by the Division of Public and Behavioral Health of the Department of Health and Human Services which conflict with the provisions of NRS 453A.350, as amended by section 3 of this act, are void and must not be given effect to the extent of the conflict.

      2.  The Division of Public and Behavioral Health shall amend or repeal any of its existing regulations that conflict or are inconsistent with the provisions of NRS 453A.350, as amended by section 3 of this act, as soon as practicable after the effective date of this section.

      Sec. 5.  1.  Notwithstanding any other provision of law, the Division shall reallocate, on or before July 1, 2015, medical marijuana establishment registration certificates for medical marijuana dispensaries pursuant to NRS 453A.324, as amended by section 1 of this act, in the following quantities for applicants who qualify pursuant to NRS 453A.322:

      (a) In a county whose population is 700,000 or more, eight certificates for the unincorporated area of such a county;

      (b) In a county whose population is 100,000 or more but less than 700,000, one certificate for the unincorporated area of such a county; and

      (c) In addition to the certificate described in paragraph (b), in a county whose population is 100,000 or more but less than 700,000:

             (1) One certificate for each city whose population is 220,000 or more; and

             (2) One certificate for each city whose population is 60,000 or more but less than 220,000.

      2.  The provisions of NRS 453A.326 do not apply to any medical marijuana establishment registration certificate issued pursuant to subsection 1.

      3.  Notwithstanding any other provision of law, the Division:

      (a) Shall, on or before July 1, 2015, issue a medical marijuana establishment registration certificate pursuant to subsection 1 if:

 

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ê2015 Statutes of Nevada, Page 2988 (CHAPTER 495, SB 276)ê

 

             (1) The medical marijuana establishment is in compliance with paragraph (a) of subsection 4; and

             (2) The issuance of such certificate does not exceed the total number of certificates allocated.

      (b) May, at any time, after receiving an application to operate a medical marijuana establishment:

             (1) Register the medical marijuana establishment; and

             (2) Issue a medical marijuana establishment registration certificate to the applicant.

      (c) Shall, on or after the effective date of this act and before September 1, 2015, regardless of the Division’s ranking of the applications to operate a medical marijuana establishment, issue a medical marijuana establishment registration certificate for the total number of certificates allocated unless the Division determines that the applicant is not qualified.

      (d) Shall provide the rationale for determining that an applicant to operate a medical marijuana establishment is not qualified, within 30 days after such determination, to:

             (1) An applicant who is denied a medical marijuana establishment registration certificate; and

             (2) The local governmental jurisdiction where the proposed medical marijuana establishment is to be located.

      4.  A local governmental jurisdiction may:

      (a) Issue a business license or deem a medical marijuana establishment in compliance with all local governmental ordinances or rules, regardless of any ranking of the establishment established by the Division.

      (b) Consider diversity, location and community ties in determining whether the medical marijuana establishment is in compliance with all applicable local governmental ordinances or rules.

      (c) Provide by ordinance a limitation on the total number of medical marijuana establishments which is less than the number allocated pursuant to subsection 1, if the local governmental jurisdiction determines that the community is adequately served by the number of current establishments.

      5.  Any application period established by the Division pursuant to this section:

      (a) Is a one-time extension of the application period opened by the Division in calendar year 2014;

      (b) Must not require a new application if an application has previously been submitted;

      (c) Must not require the payment of any additional application fees if such fees have previously been paid; and

      (d) Is separate and apart from and must not be included within the 10-day period for the acceptance of applications pursuant to subsection 4 of NRS 453A.324, as amended by section 1 of this act.

      6.  As used in this section:

      (a) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) “Local governmental jurisdiction” means a city, town, township or unincorporated area within a county.

      Sec. 6.  1.  This section and sections 1 and 5 of this act become effective upon passage and approval.

      2.  Section 5 of this act expires by limitation on December 31, 2015.

 

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ê2015 Statutes of Nevada, Page 2989 (CHAPTER 495, SB 276)ê

 

      3.  Sections 2, 3 and 4 of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2015, for all other purposes.

________

CHAPTER 496, SB 7

Senate Bill No. 7–Committee on Health and Human Services

 

CHAPTER 496

 

[Approved: June 9, 2015]

 

AN ACT relating to mental health; expanding the list of persons authorized to file an application for the emergency admission of a person alleged to be a person with mental illness and a petition for the involuntary court-ordered admission of such a person to certain facilities or programs; expanding the list of persons authorized to complete certain certificates concerning the mental condition of another; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines “person with mental illness” as a person whose capacity to exercise self-control, judgment and discretion in the conduct of the person’s affairs and social relations or to care for his or her personal needs is diminished, as a result of mental illness, to the extent that the person presents a clear and present danger of harm to himself or herself or others. (NRS 433A.115) Existing law authorizes certain persons to file an application for the emergency admission of a person alleged to be a person with mental illness to certain facilities. (NRS 433A.160) Section 1.5 of this bill expands the list of persons who are authorized to file such an application to include a physician assistant.

      With certain exceptions, existing law requires an application for the emergency admission of a person alleged to be a person with a mental illness to be accompanied by a certificate of a psychiatrist or licensed psychologist or, if neither is available, a physician, stating that the person has a mental illness and, because of that mental illness, is likely to harm himself or herself or others if not admitted to certain facilities or programs. (NRS 433A.170, 433A.200) Under existing law, a licensed physician on the medical staff of certain facilities may release a person alleged to be a person with mental illness who has been admitted on an emergency basis if a licensed physician on the medical staff of the facility completes a certificate stating that the person admitted is not a person with a mental illness. (NRS 433A.195) Sections 1, 1.7, 2, 3 and 4 of this bill authorize a physician assistant under the supervision of a psychiatrist, a psychologist, a clinical social worker with certain psychiatric training and experience, an advanced practice registered nurse with certain psychiatric training and experience or an accredited agent of the Department of Health and Human Services to complete such a certificate while still requiring a licensed physician on the medical staff of the facility to release the person. Sections 4.2 and 4.7 of this bill require the State Board of Nursing and the Board of Examiners for Social Workers to adopt regulations prescribing the psychiatric training and experience necessary before an advanced practice registered nurse or clinical social worker, as applicable, may complete such a certificate.

      Existing law prohibits a person who is related by blood or marriage within the first degree of consanguinity or affinity to a person alleged to be a person with mental illness from completing: (1) an application for the emergency admission of such a person to a mental health facility; (2) a certificate stating that a person has a mental illness and, because of that mental illness, is likely to harm himself or herself or others if not admitted to a mental health facility on an emergency basis; or (3) a certificate stating that a person is not a person with mental illness.

 

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ê2015 Statutes of Nevada, Page 2990 (CHAPTER 496, SB 7)ê

 

illness and, because of that mental illness, is likely to harm himself or herself or others if not admitted to a mental health facility on an emergency basis; or (3) a certificate stating that a person is not a person with mental illness. (NRS 433A.197) Section 3 also prohibits a person who is related by blood or marriage within the second degree of consanguinity or affinity to a person alleged to be a person with mental illness from completing such an application or certificate.

      Existing law authorizes the spouse or a parent, adult child or legal guardian of a person and certain other persons to file a petition for the involuntary court-ordered admission of a person alleged to be a person with mental illness to a mental health facility or to a program of community-based or outpatient services. (NRS 433A.200) Section 4 further authorizes a physician assistant to file such a petition.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433A.145 is hereby amended to read as follows:

      433A.145  1.  If a person with mental illness is admitted to a public or private mental health facility or hospital as a voluntary consumer, the facility or hospital shall not change the status of the person to an emergency admission unless the hospital or facility receives, before the change in status is made, an application for an emergency admission pursuant to NRS 433A.160 and the certificate of a psychiatrist, psychologist , [or] physician , physician assistant, clinical social worker, advanced practice registered nurse or accredited agent of the Department pursuant to NRS 433A.170.

      2.  A person whose status is changed pursuant to subsection 1 must not be detained in excess of 48 hours after the change in status is made unless, before the close of the business day on which the 48 hours expires, a written petition is filed with the clerk of the district court pursuant to NRS 433A.200.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 1.5.  NRS 433A.160 is hereby amended to read as follows:

      433A.160  1.  Except as otherwise provided in subsection 2, an application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:

      (a) Without a warrant:

             (1) Take a person alleged to be a person with mental illness into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

 

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ê2015 Statutes of Nevada, Page 2991 (CHAPTER 496, SB 7)ê

 

                   (I) A local law enforcement agency;

                   (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;

                   (III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or

                   (IV) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê only if the agent, officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his or her personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.

      (b) Apply to a district court for an order requiring:

             (1) Any peace officer to take a person alleged to be a person with mental illness into custody to allow the applicant for the order to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the person alleged to be a person with mental illness to a public or private mental health facility or hospital for that purpose.

Ê The district court may issue such an order only if it is satisfied that there is probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.

      2.  An application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the person alleged to be a person with mental illness may apply to a district court for an order described in paragraph (b) of subsection 1.

      3.  The application for the emergency admission of a person alleged to be a person with mental illness for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.

      4.  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

      5.  As used in this section, “an accredited agent of the Department” means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      Sec. 1.7.  NRS 433A.170 is hereby amended to read as follows:

      433A.170  Except as otherwise provided in this section, the administrative officer of a facility operated by the Division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.160 unless that application is accompanied by a certificate of a [psychiatrist or a] licensed psychologist , a physician, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant

 

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ê2015 Statutes of Nevada, Page 2992 (CHAPTER 496, SB 7)ê

 

public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.160 unless that application is accompanied by a certificate of a [psychiatrist or a] licensed psychologist , a physician, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has examined the person alleged to be a person with mental illness and that he or she has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty. [If a psychiatrist or licensed psychologist is not available to conduct an examination, a physician may conduct the examination.] The certificate required by this section may be obtained from a [psychiatrist,] licensed psychologist , [or] physician , physician assistant, clinical social worker, advanced practice registered nurse or accredited agent of the Department who is employed by the public or private mental health facility or hospital to which the application is made.

      Sec. 2.  NRS 433A.195 is hereby amended to read as follows:

      433A.195  A licensed physician on the medical staff of a facility operated by the Division or of any other public or private mental health facility or hospital may release a person admitted pursuant to NRS 433A.160 upon completion of a certificate which meets the requirements of NRS 433A.197 signed by a licensed physician on the medical staff of the facility or hospital , a physician assistant under the supervision of a psychiatrist, psychologist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has personally observed and examined the person and that he or she has concluded that the person is not a person with a mental illness.

      Sec. 3.  NRS 433A.197 is hereby amended to read as follows:

      433A.197  1.  An application or certificate authorized under subsection 1 of NRS 433A.160 or NRS 433A.170 or 433A.195 must not be considered if made by a [psychiatrist,] psychologist , [or] physician , physician assistant, clinical social worker, advanced practice registered nurse or accredited agent of the Department who is related by blood or marriage within the [first] second degree of consanguinity or affinity to the person alleged to be a person with mental illness, or who is financially interested in the facility in which the person alleged to be a person with mental illness is to be detained.

      2.  An application or certificate of any examining person authorized under NRS 433A.170 must not be considered unless it is based on personal observation and examination of the person alleged to be a person with mental illness made by such examining person not more than 72 hours prior to the making of the application or certificate. The certificate required pursuant to NRS 433A.170 must set forth in detail the facts and reasons on which the examining person based his or her opinions and conclusions.

 

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ê2015 Statutes of Nevada, Page 2993 (CHAPTER 496, SB 7)ê

 

      3.  A certificate authorized pursuant to NRS 433A.195 must not be considered unless it is based on personal observation and examination of the person alleged to be a person with mental illness made by the examining physician [.] , physician assistant, psychologist, clinical social worker, advanced practice registered nurse or accredited agent of the Department. The certificate authorized pursuant to NRS 433A.195 must [set forth] describe in detail the facts and reasons on which the examining physician , physician assistant, psychologist, clinical social worker, advanced practice registered nurse or accredited agent of the Department based his or her opinions and conclusions.

      Sec. 4.  NRS 433A.200 is hereby amended to read as follows:

      433A.200  1.  Except as otherwise provided in NRS 432B.6075, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, physician assistant, psychologist, social worker or registered nurse, by an accredited agent of the Department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:

      (a) By a certificate of a physician, [psychiatrist or] , a licensed psychologist , a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160, an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 or an accredited agent of the Department stating that he or she has examined the person alleged to be a person with mental illness and has concluded that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; or

      (b) By a sworn written statement by the petitioner that:

             (1) The petitioner has, based upon the petitioner’s personal observation of the person alleged to be a person with mental illness, probable cause to believe that the person has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services; and

             (2) The person alleged to be a person with mental illness has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

      2.  Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.

 

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ê2015 Statutes of Nevada, Page 2994 (CHAPTER 496, SB 7)ê

 

      Sec. 4.2.  NRS 632.120 is hereby amended to read as follows:

      632.120  1.  The Board shall:

      (a) Adopt regulations establishing reasonable standards:

             (1) For the denial, renewal, suspension and revocation of, and the placement of conditions, limitations and restrictions upon, a license to practice professional or practical nursing or a certificate to practice as a nursing assistant or medication aide - certified.

             (2) Of professional conduct for the practice of nursing.

             (3) For prescribing and dispensing controlled substances and dangerous drugs in accordance with applicable statutes.

             (4) For the psychiatric training and experience necessary for an advanced practice registered nurse to be authorized to make the certifications described in NRS 433A.170, 433A.195 and 433A.200.

      (b) Prepare and administer examinations for the issuance of a license or certificate under this chapter.

      (c) Investigate and determine the eligibility of an applicant for a license or certificate under this chapter.

      (d) Carry out and enforce the provisions of this chapter and the regulations adopted pursuant thereto.

      2.  The Board may adopt regulations establishing reasonable:

      (a) Qualifications for the issuance of a license or certificate under this chapter.

      (b) Standards for the continuing professional competence of licensees or holders of a certificate. The Board may evaluate licensees or holders of a certificate periodically for compliance with those standards.

      3.  The Board may adopt regulations establishing a schedule of reasonable fees and charges, in addition to those set forth in NRS 632.345, for:

      (a) Investigating licensees or holders of a certificate and applicants for a license or certificate under this chapter;

      (b) Evaluating the professional competence of licensees or holders of a certificate;

      (c) Conducting hearings pursuant to this chapter;

      (d) Duplicating and verifying records of the Board; and

      (e) Surveying, evaluating and approving schools of practical nursing, and schools and courses of professional nursing,

Ê and collect the fees established pursuant to this subsection.

      4.  For the purposes of this chapter, the Board shall, by regulation, define the term “in the process of obtaining accreditation.”

      5.  The Board may adopt such other regulations, not inconsistent with state or federal law, as may be necessary to carry out the provisions of this chapter relating to nursing assistant trainees, nursing assistants and medication aides - certified.

      6.  The Board may adopt such other regulations, not inconsistent with state or federal law, as are necessary to enable it to administer the provisions of this chapter.

 

 

 

 

 

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ê2015 Statutes of Nevada, Page 2995 (CHAPTER 496, SB 7)ê

 

      Sec. 4.7.  NRS 641B.160 is hereby amended to read as follows:

      641B.160  The Board shall adopt [such] :

      1.  Such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter [.] ; and

      2.  Regulations establishing reasonable standards for the psychiatric training and experience necessary for a clinical social worker to be authorized to make the certifications described in NRS 433A.170, 433A.195 and 433A.200.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 497, SB 68

Senate Bill No. 68–Committee on Commerce, Labor and Energy

 

CHAPTER 497

 

[Approved: June 9, 2015]

 

AN ACT relating to professions; authorizing certain qualified professionals who hold a license in the District of Columbia or another state or territory of the United States to apply for the issuance of an expedited license by endorsement to practice in this State; revising provisions relating to certain limited licenses to practice medicine as a resident physician; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1.3, 1.5, 6.3, 6.4, 6.7, 7, 8.5, 11, 13.1, 14, 18, 19, 25, 28, 32, 35, 36, 41, 45 and 50-54 of this bill authorize certain qualified physicians, podiatrists, other providers of health care and professionals to obtain an expedited license by endorsement to practice their respective professions in this State if the physician, podiatrist, other provider of health care or professional holds a valid and unrestricted license to practice in the District of Columbia or another state or territory of the United States and meets certain other requirements. Specifically, an expedited license by endorsement may be obtained from the Board of Medical Examiners, the State Board of Nursing, the State Board of Osteopathic Medicine, the State Board of Podiatry, the State Board of Optometry, the Board of Examiners for Audiology and Speech Pathology, the State Board of Pharmacy, the State Board of Physical Therapy Examiners, the Board of Occupational Therapy, the Board of Massage Therapists, the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers and the Board of Examiners for Alcohol, Drug and Gambling Counselors. Sections 1.3 and 8.5 require a physician or osteopathic physician to be certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association, as applicable, to obtain such an expedited license by endorsement.

      Existing law authorizes the Board of Medical Examiners and the State Board of Osteopathic Medicine to issue a limited license to practice medicine as a resident physician to an applicant who meets certain requirements. (NRS 630.265, 633.401) Sections 5 and 9 of this bill require, with limited exceptions, the Board of Medical Examiners and the State Board of Osteopathic Medicine to issue those limited licenses.

 

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ê2015 Statutes of Nevada, Page 2996 (CHAPTER 497, SB 68)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act:

      Sec. 1.3.  1.  Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice medicine in the District of Columbia or any state or territory of the United States; and

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice medicine; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice medicine pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice medicine to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice medicine may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 1.5.  1.  The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section.

 

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ê2015 Statutes of Nevada, Page 2997 (CHAPTER 497, SB 68)ê

 

requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a physician assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 630.167;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 2.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing the person to practice.

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.266, inclusive, and section 1.3 of this act, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has received the degree of doctor of medicine from a medical school:

 

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ê2015 Statutes of Nevada, Page 2998 (CHAPTER 497, SB 68)ê

 

             (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of the licensure, or has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

                   (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education , [or] the [Coordinating Council of Medical Education of the Canadian Medical Association;] Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec, the College of Family Physicians of Canada or, as applicable, their successor organizations; or

                   (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education;

             (2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; or

             (3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education , [or] the [Coordinating Council of Medical Education of the Canadian Medical Association,] Royal College of Physicians and Surgeons of Canada, the Collège des médecins du Québec, the College of Family Physicians of Canada or, as applicable, their successor organizations, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and

      (e) Passes a written or oral examination, or both, as to his or her qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

 

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ê2015 Statutes of Nevada, Page 2999 (CHAPTER 497, SB 68)ê

 

      3.  The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.

      4.  Notwithstanding any provision of this chapter to the contrary, if, after issuing a license to practice medicine, the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:

      (a) Temporarily suspend the license;

      (b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;

      (c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;

      (d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or

      (e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:

             (1) Placing the licensee on probation for a specified period with specified conditions;

             (2) Administering a public reprimand;

             (3) Limiting the practice of the licensee;

             (4) Suspending the license for a specified period or until further order of the Board;

             (5) Requiring the licensee to participate in a program to correct alcohol or drug dependence or any other impairment;

             (6) Requiring supervision of the practice of the licensee;

             (7) Imposing an administrative fine not to exceed $5,000;

             (8) Requiring the licensee to perform community service without compensation;

             (9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;

             (10) Requiring the licensee to complete any training or educational requirements specified by the Board; and

             (11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.

      5.  If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.

 

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ê2015 Statutes of Nevada, Page 3000 (CHAPTER 497, SB 68)ê

 

      Sec. 3.  NRS 630.165 is hereby amended to read as follows:

      630.165  1.  Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      2.  An applicant for a license by endorsement to practice medicine pursuant to NRS 630.1605 or section 1.3 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      3.  An application submitted pursuant to subsection 1 or 2 must include all information required to complete the application.

      4.  In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

      5.  The applicant bears the burden of proving and documenting his or her qualifications for licensure.

      Sec. 3.5.  NRS 630.195 is hereby amended to read as follows:

      630.195  1.  [In] Except as otherwise provided in section 1.3 of this act, in addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that the applicant has received:

      (a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

      (b) The standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by the Commission.

      2.  The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

      Sec. 4.  NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who:

      (a) Wishes to donate his or her expertise for the medical care and treatment of persons in this State who are indigent, uninsured or unable to afford health care; or

      (b) Wishes to provide services for any disaster relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

 

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ê2015 Statutes of Nevada, Page 3001 (CHAPTER 497, SB 68)ê

 

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that the physician has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605 [;] or section 1.3 of this act;

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care:

             (1) To persons in this State who are indigent, uninsured or unable to afford health care; or

             (2) As part of any disaster relief operations conducted by a governmental entity or nonprofit organization; and

      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 5.  NRS 630.265 is hereby amended to read as follows:

      630.265  1.  [Except as otherwise provided in] Unless the Board denies such licensure pursuant to NRS 630.161 [,] or for other good cause, the Board [may] shall issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if the applicant is:

 

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ê2015 Statutes of Nevada, Page 3002 (CHAPTER 497, SB 68)ê

 

      (a) A graduate of an accredited medical school in the United States or Canada; or

      (b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that the applicant passed the examination given by it.

      2.  The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

      3.  The Board may issue a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.

      4.  The holder of a limited license may practice medicine only in connection with his or her duties as a resident physician or under such conditions as are approved by the director of the program.

      5.  The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      Sec. 6.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement      $600

For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special, special purpose or special event license...................................................... 400

For renewal of a limited, restricted, authorized facility or special license      400

For application for and issuance of a license as a physician assistant , including a license by endorsement      400

For biennial registration of a physician assistant................................ 800

For biennial registration of a physician................................................ 800

For application for and issuance of a license as a perfusionist or practitioner of respiratory care 400

For biennial renewal of a license as a perfusionist............................. 600

For biennial registration of a practitioner of respiratory care........... 600

For biennial registration for a physician who is on inactive status.. 400

For written verification of licensure......................................................... 50

For a duplicate identification card........................................................... 25

For a duplicate license................................................................................ 50

For computer printouts or labels............................................................ 500

For verification of a listing of physicians, per hour.............................. 20

For furnishing a list of new physicians.................................................. 100

 

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      2.  [In] Except as otherwise provided in subsection 4, in addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      4.  If an applicant submits an application for a license by endorsement pursuant to section 1.3 or 1.5 of this act, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1 for the application for and initial issuance of a license.

      Sec. 6.1.  NRS 630.275 is hereby amended to read as follows:

      630.275  The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of licenses.

      4.  The procedures deemed necessary by the Board for applications for and the initial issuance of licenses by endorsement pursuant to section 1.5 of this act.

      5.  The tests or examinations of applicants by the Board.

      [5.] 6.  The medical services which a physician assistant may perform, except that a physician assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

      [6.] 7.  The duration, renewal and termination of licenses [.

      7.] , including licenses by endorsement.

      8.  The grounds and procedures respecting disciplinary actions against physician assistants.

      [8.] 9.  The supervision of medical services of a physician assistant by a supervising physician, including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.

      [9.] 10.  A physician assistant’s use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      Sec. 6.2.  Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 6.3 and 6.4 of this act.

      Sec. 6.3.  1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a professional nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a professional nurse in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

 

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      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a professional nurse; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a professional nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a professional nurse to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a professional nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 6.4.  1.  Except as otherwise provided in NRS 632.3405, the Board may issue a license by endorsement to practice as a practical nurse to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice as a practical nurse in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a practical nurse; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 632.344;

 

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      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a practical nurse pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a practical nurse to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a practical nurse may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 6.5.  NRS 632.140 is hereby amended to read as follows:

      632.140  Except as otherwise provided in section 6.3 of this act:

      1.  Every applicant for a license to practice as a professional nurse in the State of Nevada must submit to the Board written evidence under oath that the applicant:

      (a) Is of good moral character.

      (b) Is in good physical and mental health.

      (c) Has completed a course of study in:

             (1) An accredited school of professional nursing and holds a diploma therefrom; or

             (2) An approved school of professional nursing in the process of obtaining accreditation and holds a diploma therefrom.

      (d) Meets such other reasonable preliminary qualification requirements as the Board may from time to time prescribe.

      2.  Each applicant must remit the fee required by this chapter with the application for a license to practice as a professional nurse in this State.

      Sec. 6.6.  NRS 632.150 is hereby amended to read as follows:

      632.150  1.  [Each] Except as otherwise provided in NRS 632.160, 632.237 and section 6.3 of this act, each applicant who is otherwise qualified for a license to practice nursing as a professional nurse shall be required to write and pass an examination on such subjects and in such form as the Board may from time to time determine. Such written examination may be supplemented by an oral or practical examination in the discretion of the Board.

      2.  The Board shall issue a license to practice nursing as a professional nurse in the State of Nevada to each applicant who successfully passes such examination or examinations.

      Sec. 6.7.  NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse : [who:]

      (a) Who is licensed by endorsement pursuant to section 6.3 of this act and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

 

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      (b) Who:

             (1) Has completed an educational program designed to prepare a registered nurse to:

             [(1)] (I) Perform designated acts of medical diagnosis;

             [(2)] (II) Prescribe therapeutic or corrective measures; and

             [(3)] (III) Prescribe controlled substances, poisons, dangerous drugs and devices;

      [(b)] (2) Except as otherwise provided in subsection 5, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

      [(c)] (3) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      5.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      6.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      Sec. 6.8.  NRS 632.270 is hereby amended to read as follows:

      632.270  [Each] Except as otherwise provided in section 6.4 of this act, each applicant for a license to practice as a practical nurse must submit to the Board written evidence, under oath, that the applicant:

 

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      1.  Is of good moral character.

      2.  Has a high school diploma or its equivalent as determined by the State Board of Education.

      3.  Is at least 18 years of age.

      4.  Has:

      (a) Successfully completed the prescribed course of study in an accredited school of practical nursing or an accredited school of professional nursing, and been awarded a diploma by the school;

      (b) Successfully completed the prescribed course of study in an approved school of practical nursing in the process of obtaining accreditation or an approved school of professional nursing in the process of obtaining accreditation, and been awarded a diploma by the school; or

      (c) Been registered or licensed as a registered nurse under the laws of another jurisdiction.

      5.  Meets any other qualifications prescribed in regulations of the Board.

      Sec. 6.9.  NRS 632.345 is hereby amended to read as follows:

      632.345  1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                     Not less         Not more

                                                                                           than                  than

Application for license to practice professional nursing (registered nurse) , including a license by endorsement............................................................. $45                 $100

Application for license to practice practical nursing , including a license by endorsement      30  90

Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license.................................................... 15                     50

Application for a certificate to practice as a nursing assistant or medication aide - certified   15  50

Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate....................................................................... 5                     40

Biennial fee for renewal of a license............................. 40                   100

Biennial fee for renewal of a certificate....................... 20                     50

Fee for reinstatement of a license.................................. 10                   100

Application for a license to practice as an advanced practice registered nurse , including a license by endorsement................................................................ 50                   200

Application for recognition as a certified registered nurse anesthetist 50 200

 

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                                                                                     Not less         Not more

                                                                                           than                  than

Biennial fee for renewal of a license to practice as an advanced practice registered nurse or certified registered nurse anesthetist..................................... $50                 $200

Examination fee for license to practice professional nursing              20 100

Examination fee for license to practice practical nursing                    10 90

Rewriting examination for license to practice professional nursing   20 100

Rewriting examination for license to practice practical nursing          10 90

Duplicate license.................................................................. 5                     30

Duplicate certificate............................................................ 5                     30

Proctoring examination for candidate from another state                  25 150

Fee for approving one course of continuing education 10                    50

Fee for reviewing one course of continuing education which has been changed since approval    5    30

Annual fee for approval of all courses of continuing education offered      100      500

Annual fee for review of training program................... 60                   100

Certification examination............................................... 10                     90

Approval of instructors of training programs.............. 50                   100

Approval of proctors for certification examinations. 20                     50

Approval of training programs..................................... 150                   250

Validation of licensure or certification............................ 5                     25

 

      2.  The Board may collect the fees and charges established pursuant to this section, and those fees or charges must not be refunded.

      Sec. 7.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice as a physician assistant to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license to practice as a physician assistant in the District of Columbia or any state or territory of the United States; and

      (b) Is certified in a specialty recognized by the American Board of Medical Specialties or the American Osteopathic Association.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

 

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             (3) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice as a physician assistant; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The application and initial license fee specified in this chapter; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a physician assistant pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a physician assistant to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice as a physician assistant may be issued at a meeting of the Board or between its meetings by the President and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 7.5.  NRS 633.305 is hereby amended to read as follows:

      633.305  Except as otherwise provided in section 7 of this act and NRS 633.400:

      1.  Every applicant for a license shall:

      (a) File an application with the Board in the manner prescribed by regulations of the Board;

      (b) Submit verified proof satisfactory to the Board that the applicant meets any age, citizenship and educational requirements prescribed by this chapter; and

      (c) Pay in advance to the Board the application and initial license fee specified in NRS 633.501.

      2.  An application filed with the Board pursuant to subsection 1 must include all information required to complete the application.

      3.  The Board may hold hearings and conduct investigations into any matter related to the application and, in addition to the proofs required by subsection 1, may take such further evidence and require such other documents or proof of qualifications as it deems proper.

      4.  The Board may reject an application if the Board has cause to believe that any credential or information submitted by the applicant is false, misleading, deceptive or fraudulent.

      Sec. 8.  NRS 633.311 is hereby amended to read as follows:

      633.311  Except as otherwise provided in NRS 633.315 [,] and 633.381 to 633.419, inclusive, an applicant for a license to practice osteopathic medicine may be issued a license by the Board if:

 

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      1.  The applicant is 21 years of age or older;

      2.  The applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      3.  The applicant is a graduate of a school of osteopathic medicine;

      4.  The applicant:

      (a) Has graduated from a school of osteopathic medicine before 1995 and has completed:

             (1) A hospital internship; or

             (2) One year of postgraduate training that complies with the standards of intern training established by the American Osteopathic Association;

      (b) Has completed 3 years, or such other length of time as required by a specific program, of postgraduate medical education as a resident in the United States or Canada in a program approved by the Board, the Bureau of Professional Education of the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; or

      (c) Is a resident who is enrolled in a postgraduate training program in this State, has completed 24 months of the program and has committed, in writing, that he or she will complete the program;

      5.  The applicant applies for the license as provided by law;

      6.  The applicant passes:

      (a) All parts of the licensing examination of the National Board of Osteopathic Medical Examiners;

      (b) All parts of the licensing examination of the Federation of State Medical Boards ; [of the United States, Inc.;]

      (c) All parts of the licensing examination of the Board, a state, territory or possession of the United States, or the District of Columbia, and is certified by a specialty board of the American Osteopathic Association or by the American Board of Medical Specialties; or

      (d) A combination of the parts of the licensing examinations specified in paragraphs (a), (b) and (c) that is approved by the Board;

      7.  The applicant pays the fees provided for in this chapter; and

      8.  The applicant submits all information required to complete an application for a license.

      Sec. 8.5.  NRS 633.400 is hereby amended to read as follows:

      633.400  1.  Except as otherwise provided in NRS 633.315, the Board shall, except for good cause, issue a license by endorsement to a person who has been issued a license to practice osteopathic medicine by the District of Columbia or any state or territory of the United States if:

      (a) At the time the person files an application with the Board, the license is in effect and unrestricted; and

      (b) The applicant:

             (1) Is currently certified by either a specialty board of the American Board of Medical Specialties or a specialty board of the American Osteopathic Association, or was certified or recertified within the past 10 years;

             (2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

             (3) Has been continuously and actively engaged in the practice of osteopathic medicine within his or her specialty for the past 5 years;

 

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             (4) Is not involved in and does not have pending any disciplinary action concerning a license to practice osteopathic medicine in the District of Columbia or any state or territory of the United States;

             (5) Provides information on all the medical malpractice claims brought against him or her, without regard to when the claims were filed or how the claims were resolved; and

             (6) Meets all statutory requirements to obtain a license to practice osteopathic medicine in this State except that the applicant is not required to meet the requirements set forth in NRS 633.311.

      2.  Any person applying for a license by endorsement pursuant to this section shall [pay in] submit:

      (a) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 633.309;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) In advance to the Board the application and initial license fee specified in this chapter [.] ; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement may be issued at a meeting of the Board or between its meetings by its President and Executive Director. Such action shall be deemed to be an action of the Board.

      Sec. 9.  NRS 633.401 is hereby amended to read as follows:

      633.401  1.  [Except as otherwise provided in] Unless the Board denies such licensure pursuant to NRS 633.315 [,] or for other good cause, the Board [may] shall issue a special license to practice osteopathic medicine:

      (a) To authorize a person who is licensed to practice osteopathic medicine in an adjoining state to come into Nevada to care for or assist in the treatment of his or her patients in association with an osteopathic physician in this State who has primary care of the patients.

      (b) To a resident while the resident is enrolled in a postgraduate training program required pursuant to the provisions of paragraph (c) of subsection 4 of NRS 633.311.

      (c) Other than a license issued pursuant to NRS 633.419, for a specified period and for specified purposes to a person who is licensed to practice osteopathic medicine in another jurisdiction.

      2.  For the purpose of paragraph (c) of subsection 1, the osteopathic physician must:

      (a) Hold a full and unrestricted license to practice osteopathic medicine in another state;

      (b) Not have had any disciplinary or other action taken against him or her by any state or other jurisdiction; and

 

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      (c) Be certified by a specialty board of the American Board of Medical Specialties, the American Osteopathic Association or their successors.

      3.  A special license issued under this section may be renewed by the Board upon application of the licensee.

      4.  Every person who applies for or renews a special license under this section shall pay respectively the special license fee or special license renewal fee specified in this chapter.

      Sec. 10.  (Deleted by amendment.)

      Sec. 10.5.  NRS 633.434 is hereby amended to read as follows:

      633.434  The Board shall adopt regulations regarding the licensure of a physician assistant, including, without limitation:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of licenses.

      4.  The procedures deemed necessary by the Board for applications for and the issuance of initial licenses by endorsement pursuant to section 7 of this act.

      5.  The tests or examinations of applicants by the Board.

      [5.] 6.  The medical services which a physician assistant may perform, except that a physician assistant may not perform osteopathic manipulative therapy or those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, doctors of Oriental medicine, podiatric physicians, optometrists and hearing aid specialists under chapters 631, 634, 634A, 635, 636 and 637A, respectively, of NRS.

      [6.] 7.  The grounds and procedures respecting disciplinary actions against physician assistants.

      [7.] 8.  The supervision of medical services of a physician assistant by a supervising osteopathic physician.

      Sec. 11.  Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 635.073, the Board may issue a license by endorsement to practice podiatry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice podiatry in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice podiatry; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) A fee in the amount of the fee for an application for a license required pursuant to paragraph (a) of subsection 3 of NRS 635.050; and

 

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      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice podiatry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice podiatry to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice podiatry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 12.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person wishing to practice podiatry in this State must, before beginning to practice, procure from the Board a license to practice podiatry.

      2.  [A] Except as otherwise provided in section 11 of this act, a license to practice podiatry may be issued by the Board to any person who:

      (a) Is of good moral character.

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.

      (c) Has received the degree of D.P.M., Doctor of Podiatric Medicine, from an accredited school of podiatry.

      (d) Has completed a residency approved by the Board.

      (e) Has passed the examination given by the National Board of Podiatric Medical Examiners.

      (f) Has not committed any act described in subsection 2 of NRS 635.130. For the purposes of this paragraph, an affidavit signed by the applicant stating that the applicant has not committed any act described in subsection 2 of NRS 635.130 constitutes satisfactory proof.

      3.  An applicant for a license to practice podiatry must submit to the Board or a committee thereof pursuant to such regulations as the Board may adopt:

      (a) The fee for an application for a license , including a license by endorsement, of not more than $600;

      (b) Proof satisfactory to the Board that the requirements of subsection 2 have been met; and

      (c) All other information required by the Board to complete an application for a license.

Ê The Board shall, by regulation, establish the fee required to be paid pursuant to this subsection.

      4.  The Board may reject an application if it appears that the applicant’s credentials are fraudulent or the applicant has practiced podiatry without a license or committed any act described in subsection 2 of NRS 635.130.

      5.  The Board may require such further documentation or proof of qualification as it may deem proper.

      6.  The provisions of this section do not apply to a person who applies for:

 

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      (a) A limited license to practice podiatry pursuant to NRS 635.075; or

      (b) A provisional license to practice podiatry pursuant to NRS 635.082.

      Sec. 13.  NRS 635.065 is hereby amended to read as follows:

      635.065  1.  In addition to the other requirements for licensure set forth in this chapter, an applicant for a license to practice podiatry in this State who has been licensed to practice podiatry in another state or the District of Columbia must submit:

      (a) An affidavit signed by the applicant that:

             (1) Identifies each jurisdiction in which the applicant has been licensed to practice; and

             (2) States whether a disciplinary proceeding has ever been instituted against the applicant by the licensing board of that jurisdiction and, if so, the status of the proceeding; and

      (b) If the applicant is currently licensed to practice podiatry in another state or the District of Columbia, a certificate from the licensing board of that jurisdiction stating that the applicant is in good standing and no disciplinary proceedings are pending against the applicant.

      2.  [The] Except as otherwise provided in section 11 of this act, the Board may require an applicant who has been licensed to practice podiatry in another state or the District of Columbia to:

      (a) Pass an examination prescribed by the Board concerning the provisions of this chapter and any regulations adopted pursuant thereto; or

      (b) Submit satisfactory proof that:

             (1) The applicant maintained an active practice in another state or the District of Columbia within the 5 years immediately preceding the application;

             (2) No disciplinary proceeding has ever been instituted against the applicant by a licensing board in any jurisdiction in which he or she is licensed to practice podiatry; and

             (3) The applicant has participated in a program of continuing education that is equivalent to the program of continuing education that is required pursuant to NRS 635.115 for podiatric physicians licensed in this State.

      Sec. 13.1.  Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;

             (4) Has been continuously and actively engaged in the practice of optometry for the past 5 years;

 

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             (5) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and

             (6) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 13.3.  NRS 636.143 is hereby amended to read as follows:

      636.143  The Board shall establish within the limits prescribed a schedule of fees for the following purposes:

 

                                                                Not less than            Not more than

 

Examination..................................................... $100                             $500

Reexamination................................................... 100                               500

Issuance of each license or duplicate license , including a license by endorsement      35  75

Renewal of each license or duplicate license. 100                               500

Issuance of a license for an extended clinical facility                        100 500

Issuance of a replacement renewal card for a license                          10 50

      Sec. 13.5.  NRS 636.150 is hereby amended to read as follows:

      636.150  [Any] Except as otherwise provided in section 13.1 of this act, any person applying for a license to practice optometry in this State must:

      1.  File proof of his or her qualifications;

      2.  Make application for an examination;

      3.  Take and pass the examination;

      4.  Pay the prescribed fees; and

      5.  Verify that all the information he or she has provided to the Board or to any other entity pursuant to the provisions of this chapter is true and correct.

 

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      Sec. 13.7.  NRS 636.155 is hereby amended to read as follows:

      636.155  [An] Except as otherwise provided in section 13.1 of this act, an applicant must file with the Executive Director satisfactory proof that the applicant:

      1.  Is at least 21 years of age;

      2.  Is a citizen of the United States or is lawfully entitled to reside and work in this country;

      3.  Is of good moral character;

      4.  Has been certified or recertified as completing a course of cardiopulmonary resuscitation within the 12-month period immediately preceding the examination for licensure; and

      5.  Has graduated from a school of optometry accredited by the established professional agency and the Board, maintaining a standard of 6 college years, and including, as a prerequisite to admission to the courses in optometry, at least 2 academic years of study in a college of arts and sciences accredited by the Association of American Universities or a similar regional accrediting agency.

      Sec. 13.9.  NRS 636.215 is hereby amended to read as follows:

      636.215  The Board shall execute a license for each person who has satisfied the requirements of NRS 636.150 or section 13.1 of this act and submitted all information required to complete an application for a license. A license must:

      1.  Certify that the licensee has been examined and found qualified to practice optometry in this State; and

      2.  Be signed by each member of the Board.

      Sec. 14.  Chapter 637B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to engage in the practice of audiology or speech pathology to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in the practice of audiology or speech pathology, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of audiology or speech pathology, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

 

 

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      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of audiology or speech pathology pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of audiology or speech pathology, as applicable, to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to engage in the practice of audiology or speech pathology may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 15.  NRS 637B.160 is hereby amended to read as follows:

      637B.160  1.  [An] Except as otherwise provided in section 14 of this act, an applicant for a license to engage in the practice of audiology or speech pathology must be issued a license by the Board if the applicant:

      (a) Is over the age of 21 years;

      (b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      (c) Is of good moral character;

      (d) Meets the requirements for education or training and experience provided by subsection 2;

      (e) Has completed at least 300 clock hours of supervised clinical experience in audiology or speech pathology, or both;

      (f) Applies for the license in the manner provided by the Board;

      (g) Passes any examination required by this chapter;

      (h) Pays the fees provided for in this chapter; and

      (i) Submits all information required to complete an application for a license.

      2.  An applicant must possess a master’s degree in audiology or in speech pathology from an accredited educational institution or possess equivalent training and experience. If an applicant seeks to qualify on the basis of equivalent training and experience, the applicant must submit to the Board satisfactory evidence that he or she has obtained at least 60 semester credits, or equivalent quarter credits, in courses related to the normal development, function and use of speech and language or hearing, including, but not limited to, the management of disorders of speech or hearing and the legal, professional and ethical practices of audiology or speech pathology. At least 24 of the 60 credits, excluding any credits obtained for a thesis or dissertation, must have been obtained for courses directly relating to audiology or speech pathology.

      Sec. 16.  NRS 637B.230 is hereby amended to read as follows:

      637B.230  1.  The Board shall charge and collect only the following fees whose amounts must be determined by the Board, but may not exceed:

 

Application fee for a license to practice speech pathology , including a license by endorsement $100

Application fee for a license to practice audiology , including a license by endorsement  100

Annual fee for the renewal of a license.................................................. 50

Reinstatement fee....................................................................................... 75

 

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      2.  All fees are payable in advance and may not be refunded.

      Sec. 17.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.

      Sec. 18.  1.  The Board may issue a certificate by endorsement as a registered pharmacist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a registered pharmacist in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a registered pharmacist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a registered pharmacist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a registered pharmacist to the applicant not later than 45 days after receiving the application.

      4.  A certificate by endorsement as a registered pharmacist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 19.  1.  The Board may issue a license by endorsement to conduct a pharmacy to an applicant who is a natural person and who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to conduct a pharmacy in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to conduct a pharmacy; and

 

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             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (c) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to conduct a pharmacy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to conduct a pharmacy to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to conduct a pharmacy may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 20.  NRS 639.015 is hereby amended to read as follows:

      639.015  “Registered pharmacist” means:

      1.  A person registered in this State as such on July 1, 1947;

      2.  A person registered in this State as such in compliance with the provisions of paragraph (c) of section 3 of chapter 195, Statutes of Nevada 1951; or

      3.  A person who has complied with the provisions of NRS 639.120 , 639.134 or section 18 of this act and whose name has been entered in the registry of pharmacists of this State by the Executive Secretary of the Board and to whom a valid certificate or certificate by endorsement as a registered pharmacist or valid renewal thereof has been issued by the Board.

      Sec. 21.  NRS 639.120 is hereby amended to read as follows:

      639.120  1.  [An] Except as otherwise provided in NRS 639.134 and section 18 of this act, an applicant to become a registered pharmacist in this State must:

      (a) Be of good moral character.

      (b) Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the Accreditation Council for Pharmacy Education or Canadian Council for Accreditation of Pharmacy Programs and approved by the Board or a graduate of a foreign school who has passed an examination for foreign graduates approved by the Board to demonstrate that his or her education is equivalent.

      (c) Except as otherwise provided in NRS 622.090:

             (1) Pass an examination approved and given by the Board with a grade of at least 75 on the examination as a whole and a grade of at least 75 on the examination on law.

             (2) If he or she is an applicant for registration by reciprocity, pass the examination on law with at least a grade of 75.

      (d) Complete not less than 1,500 hours of practical pharmaceutical experience as an intern pharmacist under the direct and immediate supervision of a registered pharmacist.

      2.  The practical pharmaceutical experience required pursuant to paragraph (d) of subsection 1 must relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.

 

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      3.  The Board may accept evidence of compliance with the requirements set forth in paragraph (d) of subsection 1 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this State.

      Sec. 22.  NRS 639.127 is hereby amended to read as follows:

      639.127  1.  An applicant for registration as a pharmacist in this State must submit an application to the Executive Secretary of the Board on a form furnished by the Board and must pay the fee fixed by the Board. The fee must be paid at the time the application is submitted and is compensation to the Board for the investigation and the examination of the applicant. Under no circumstances may the fee be refunded.

      2.  Proof of the qualifications of any applicant must be made to the satisfaction of the Board and must be substantiated by affidavits, records or such other evidence as the Board may require.

      3.  An application is only valid for 1 year after the date it is received by the Board unless the Board extends its period of validity.

      4.  A certificate of registration as a pharmacist must be issued to each person who the Board determines is qualified pursuant to the provisions of NRS 639.120 and 639.134 [.] and section 18 of this act. The certificate entitles the person to whom it is issued to practice pharmacy in this State.

      Sec. 23.  NRS 639.170 is hereby amended to read as follows:

      639.170  1.  The Board shall charge and collect not more than the following fees for the following services:

 

For the examination of an applicant for registration as a pharmacist Actual cost

                                                                                                              of the

                                                                                                      examination

For the investigation or registration of an applicant as a registered pharmacist , including a certificate by endorsement..................................................................................... $200

For the investigation, examination or registration of an applicant as a registered pharmacist by reciprocity 300

For the investigation or issuance of an original license to conduct a retail pharmacy , including a license by endorsement....................................................................................... 600

For the biennial renewal of a license to conduct a retail pharmacy 500

For the investigation or issuance of an original license to conduct an institutional pharmacy , including a license by endorsement....................................................................................... 600

For the biennial renewal of a license to conduct an institutional pharmacy 500

For the issuance of an original or duplicate certificate of registration as a registered pharmacist , including a certificate by endorsement................................................................. 50

For the biennial renewal of registration as a registered pharmacist. 200

For the reinstatement of a lapsed registration (in addition to the fees for renewal for the period of lapse)     100

 

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For the initial registration of a pharmaceutical technician or pharmaceutical technician in training   $50

For the biennial renewal of registration of a pharmaceutical technician or pharmaceutical technician in training    50

For the investigation or registration of an intern pharmacist.............. 50

For the biennial renewal of registration as an intern pharmacist....... 40

For investigation or issuance of an original license to a manufacturer or wholesaler    500

For the biennial renewal of a license for a manufacturer or wholesaler 500

For the reissuance of a license issued to a pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon     100

For authorization of a practitioner to dispense controlled substances or dangerous drugs, or both     300

For the biennial renewal of authorization of a practitioner to dispense controlled substances or dangerous drugs, or both...................................................................................................... 300

 

      2.  If an applicant submits an application for a certificate of registration or license by endorsement pursuant to section 18 or 19 of this act, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1, respectively, for:

      (a) The initial registration and issuance of an original certificate of registration as a registered pharmacist.

      (b) The issuance of an original license to conduct a retail or an institutional pharmacy.

      3.  If a person requests a special service from the Board or requests the Board to convene a special meeting, the person must pay the actual costs to the Board as a condition precedent to the rendition of the special service or the convening of the special meeting.

      [3.] 4.  All fees are payable in advance and are not refundable.

      [4.] 5.  The Board may, by regulation, set the penalty for failure to pay the fee for renewal for any license, permit, authorization or certificate within the statutory period, at an amount not to exceed 100 percent of the fee for renewal for each year of delinquency in addition to the fees for renewal for each year of delinquency.

      Sec. 24.  NRS 639.231 is hereby amended to read as follows:

      639.231  1.  An application to conduct a pharmacy must be made on a form furnished by the Board and must state the name, address, usual occupation and professional qualifications, if any, of the applicant. If the applicant is other than a natural person, the application must state such information as to each person beneficially interested therein.

      2.  As used in subsection 1, and subject to the provisions of subsection 3, the term “person beneficially interested” means:

      (a) If the applicant is a partnership or other unincorporated association, each partner or member.

 

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      (b) If the applicant is a corporation, each of its officers, directors and stockholders, provided that no natural person shall be deemed to be beneficially interested in a nonprofit corporation.

      3.  If the applicant is a partnership, unincorporated association or corporation and the number of partners, members or stockholders, as the case may be, exceeds four, the application must so state, and must list each of the four partners, members or stockholders who own the four largest interests in the applicant entity and state their percentages of interest. Upon request of the Executive Secretary of the Board, the applicant shall furnish the Board with information as to partners, members or stockholders not named in the application or shall refer the Board to an appropriate source of such information.

      4.  The completed application form must be returned to the Board with the fee prescribed by the Board, which may not be refunded. [Any] Except as otherwise provided in section 19 of this act, any application which is not complete as required by the provisions of this section may not be presented to the Board for consideration.

      5.  [Upon] Except as otherwise provided in section 19 of this act, upon compliance with all the provisions of this section and upon approval of the application by the Board, the Executive Secretary shall issue a license to the applicant to conduct a pharmacy. Any other provision of law notwithstanding, such a license authorizes the holder to conduct a pharmacy and to sell and dispense drugs and poisons and devices and appliances that are restricted by federal law to sale by or on the order of a physician.

      Sec. 25.  Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement as a physical therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a physical therapist in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a physical therapist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640.090;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) A fee in the amount of the fee set by a regulation of the Board pursuant to subsection 3 of NRS 640.090 for an application for a license; and

      (e) Any other information required by the Board.

 

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      3.  Not later than 15 business days after receiving an application for a license by endorsement as a physical therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a physical therapist to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a physical therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 26.  NRS 640.080 is hereby amended to read as follows:

      640.080  [To] Except as otherwise provided in section 25 of this act, to be eligible for licensure by the Board as a physical therapist, an applicant must:

      1.  Be of good moral character;

      2.  Have graduated from a school in which he or she completed a curriculum of physical therapy approved by the Board; and

      3.  Pass to the satisfaction of the Board an examination designated by the Board, unless he or she is entitled to licensure without examination as provided in NRS 640.120 or 640.140.

      Sec. 27.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless he or she is entitled to licensure under NRS 640.120 or 640.140, or section 25 of this act, a person who desires to be licensed as a physical therapist must:

      1.  Apply to the Board, in writing, on a form furnished by the Board;

      2.  Include in the application evidence, under oath, satisfactory to the Board, that the person possesses the qualifications required by NRS 640.080 other than having passed the examination;

      3.  Pay to the Board at the time of filing the application a fee set by a regulation of the Board in an amount not to exceed $300;

      4.  Submit to the Board with the application a complete set of fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      5.  Submit other documentation and proof the Board may require; and

      6.  Submit all other information required to complete the application.

      Sec. 28.  Chapter 640A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement as an occupational therapist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as an occupational therapist in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

 

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      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as an occupational therapist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) A fee in the amount of the fee set by a regulation of the Board pursuant to NRS 640A.190 for the initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as an occupational therapist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an occupational therapist to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement as an occupational therapist may be issued at a meeting of the Board or between its meetings by the Chair of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 29.  NRS 640A.120 is hereby amended to read as follows:

      640A.120  [To] Except as otherwise provided in section 28 of this act, to be eligible for licensing by the Board as an occupational therapist or occupational therapy assistant, an applicant must:

      1.  Be a natural person of good moral character.

      2.  Except as otherwise provided in NRS 640A.130, have satisfied the academic requirements of an educational program approved by the Board. The Board shall not approve an educational program designed to qualify a person to practice as an occupational therapist or an occupational therapy assistant unless the program is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc., or its successor organization.

      3.  Except as otherwise provided in NRS 640A.130, have successfully completed:

      (a) If the application is for licensing as an occupational therapist, 24 weeks; or

      (b) If the application is for licensing as an occupational therapy assistant, 16 weeks,

Ê of supervised fieldwork experience approved by the Board. The Board shall not approve any supervised experience unless the experience was sponsored by the American Occupational Therapy Association, Inc., or its successor organization, or the educational institution at which the applicant satisfied the requirements of subsection 2.

      4.  Except as otherwise provided in NRS 640A.160 and 640A.170, pass an examination approved by the Board.

 

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      Sec. 30.  NRS 640A.140 is hereby amended to read as follows:

      640A.140  1.  [A] Except as otherwise provided in section 28 of this act, a person who desires to be licensed by the Board as an occupational therapist or occupational therapy assistant must:

      (a) Submit an application to the Board on a form furnished by the Board; and

      (b) Provide evidence satisfactory to the Board that he or she possesses the qualifications required pursuant to subsections 1, 2 and 3 of NRS 640A.120.

      2.  The application must include all information required to complete the application.

      Sec. 31.  NRS 640A.190 is hereby amended to read as follows:

      640A.190  1.  The Board may by regulation establish reasonable fees for:

      (a) The examination of an applicant for a license;

      (b) The initial issuance of a license [;] , including a license by endorsement;

      (c) The issuance of a temporary license;

      (d) The renewal of a license; and

      (e) The late renewal of a license.

      2.  The fees must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter.

      Sec. 32.  Chapter 640C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice massage therapy to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to practice massage therapy in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to practice massage therapy; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 640C.400;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 640C.520 for the application for and initial issuance of a license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice massage therapy pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

 

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additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice massage therapy to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement to practice massage therapy may be issued at a meeting of the Board or between its meetings by the Chair and Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 33.  NRS 640C.400 is hereby amended to read as follows:

      640C.400  1.  The Board may issue a license to practice massage therapy.

      2.  An applicant for a license must:

      (a) Be at least 18 years of age;

      (b) [Submit] Except as otherwise provided in section 32 of this act, submit to the Board:

             (1) A completed application on a form prescribed by the Board;

             (2) The fees prescribed by the Board pursuant to NRS 640C.520;

             (3) Proof that the applicant has successfully completed a program of massage therapy recognized by the Board;

             (4) A certified statement issued by the licensing authority in each state, territory or possession of the United States or the District of Columbia in which the applicant is or has been licensed to practice massage therapy verifying that:

                   (I) The applicant has not been involved in any disciplinary action relating to his or her license to practice massage therapy; and

                   (II) Disciplinary proceedings relating to his or her license to practice massage therapy are not pending;

             (5) Except as otherwise provided in NRS 640C.440, a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

             (6) The names and addresses of five natural persons not related to the applicant and not business associates of the applicant who are willing to serve as character references;

             (7) A statement authorizing the Board or its designee to conduct an investigation to determine the accuracy of any statements set forth in the application; and

             (8) If required by the Board, a financial questionnaire; and

      (c) In addition to any examination required pursuant to NRS 640C.320 [:] and except as otherwise provided in section 32 of this act:

             (1) Except as otherwise provided in subsection 3, pass a written examination administered by any board that is accredited by the National Commission for Certifying Agencies, or its successor organization, to examine massage therapists; or

             (2) At the applicant’s discretion and in lieu of a written examination, pass an oral examination prescribed by the Board.

      3.  If the Board determines that the examinations being administered pursuant to subparagraph (1) of paragraph (c) of subsection 2 are inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants.

 

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inadequately testing the knowledge and competency of applicants, the Board shall prepare or cause to be prepared its own written examination to test the knowledge and competency of applicants. Such an examination must be offered not less than four times each year. The location of the examination must alternate between Clark County and Washoe County. Upon request, the Board must provide a list of approved interpreters at the location of the examination to interpret the examination for an applicant who, as determined by the Board, requires an interpreter for the examination.

      4.  The Board shall recognize a program of massage therapy that is:

      (a) Approved by the Commission on Postsecondary Education; or

      (b) Offered by a public college in this State or any other state.

Ê The Board may recognize other programs of massage therapy.

      5.  [The] Except as otherwise provided in section 32 of this act, the Board or its designee shall:

      (a) Conduct an investigation to determine:

             (1) The reputation and character of the applicant;

             (2) The existence and contents of any record of arrests or convictions of the applicant;

             (3) The existence and nature of any pending litigation involving the applicant that would affect his or her suitability for licensure; and

             (4) The accuracy and completeness of any information submitted to the Board by the applicant;

      (b) If the Board determines that it is unable to conduct a complete investigation, require the applicant to submit a financial questionnaire and investigate the financial background and each source of funding of the applicant;

      (c) Report the results of the investigation of the applicant within the period the Board establishes by regulation pursuant to NRS 640C.320; and

      (d) Except as otherwise provided in NRS 239.0115, maintain the results of the investigation in a confidential manner for use by the Board and its members and employees in carrying out their duties pursuant to this chapter. The provisions of this paragraph do not prohibit the Board or its members or employees from communicating or cooperating with or providing any documents or other information to any other licensing board or any other federal, state or local agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 34.  Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.

      Sec. 35.  1.  The Board may issue a license by endorsement as a psychologist or behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a psychologist or behavior analyst, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

 

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             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a psychologist or behavior analyst, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fee prescribed by the Board pursuant to NRS 641.370 for the issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a psychologist or behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist or behavior analyst, as applicable, to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a psychologist or behavior analyst may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 36.  1.  The Board may issue a certificate by endorsement as an autism behavior interventionist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as an autism behavior interventionist in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as an autism behavior interventionist; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fee prescribed by the Board pursuant to NRS 641.370 for the issuance of an initial certificate; and

      (d) Any other information required by the Board.

 

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ê2015 Statutes of Nevada, Page 3029 (CHAPTER 497, SB 68)ê

 

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as an autism behavior interventionist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an autism behavior interventionist to the applicant not later than 45 days after receiving the application.

      4.  A certificate by endorsement as an autism behavior interventionist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 37.  NRS 641.170 is hereby amended to read as follows:

      641.170  1.  [Each] Except as otherwise provided in section 35 of this act, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.

      (e) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.

      2.  [Each] Except as otherwise provided in section 35 of this act, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a master’s degree from an accredited college or university in a field of social science or special education and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      3.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 21 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has earned a bachelor’s degree from an accredited college or university in a field of social science or special education approved by the

 

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Board and holds a current certification as a Board Certified Behavior Analyst by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      (e) Has completed other education, training or experience in accordance with the requirements established by regulations of the Board.

      (f) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      4.  [Within] Except as otherwise provided in section 35 of this act, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and

      (b) Issue a written statement to the applicant of its determination.

      5.  The written statement issued to the applicant pursuant to subsection 4 must include:

      (a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.

      (b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.

      Sec. 38.  NRS 641.172 is hereby amended to read as follows:

      641.172  1.  [Each] Except as otherwise provided in section 36 of this act, each application for certification as an autism behavior interventionist must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is at least 18 years of age.

      (b) Is of good moral character as determined by the Board.

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.

      (d) Has completed satisfactorily a written examination in Nevada law and ethical practice as administered by the Board.

      (e) Has completed satisfactorily a standardized practical examination developed and approved by the Board. The examination must be conducted by the applicant’s supervisor, who shall make a videotape or other audio and visual recording of the applicant’s performance of the examination for submission to the Board. The Board may review the recording as part of its evaluation of the applicant’s qualifications.

      2.  [Within] Except as otherwise provided in section 36 of this act, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for certification as an autism behavior interventionist; and

      (b) Issue a written statement to the applicant of its determination.

      3.  If the Board determines that the qualifications of the applicant are insufficient for certification, the written statement issued to the applicant pursuant to subsection 2 must include a detailed explanation of the reasons for that determination.

 

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ê2015 Statutes of Nevada, Page 3031 (CHAPTER 497, SB 68)ê

 

      Sec. 39.  NRS 641.180 is hereby amended to read as follows:

      641.180  1.  Except as otherwise provided in this section and NRS 641.190, and section 35 of this act, each applicant for a license as a psychologist must pass the national examination. In addition to the national examination, the Board may require an examination in whatever applied or theoretical fields it deems appropriate.

      2.  The Board shall notify each applicant of the results of the national examination and any other examination required pursuant to subsection 1.

      3.  The Board may waive the requirement of the national examination for a person who:

      (a) Is licensed in another state;

      (b) Has at least 10 years’ experience; and

      (c) Is a diplomate in the American Board of Professional Psychology or a fellow in the American Psychological Association, or who has other equivalent status as determined by the Board.

      Sec. 40.  NRS 641.370 is hereby amended to read as follows:

      641.370  1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination      $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination.......................................... 100

For the issuance of an initial license or certificate , including a license or certificate by endorsement    25

For the biennial renewal of a license of a psychologist..................... 500

For the biennial renewal of a license of a licensed behavior analyst 400

For the biennial renewal of a license of a licensed assistant behavior analyst   275

For the biennial renewal of a certificate of a certified autism behavior interventionist 175

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license  100

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.......................................................................................... 300

For the registration of a nonresident to practice as a consultant..... 100

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  An applicant who passes the examination and is eligible for a license as a behavior analyst or assistant behavior analyst or a certificate as a autism behavior interventionist shall pay the biennial fee for the renewal of a license or certificate, which must be prorated for the period from the date the license or certificate is issued to the end of the biennium.

 

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ê2015 Statutes of Nevada, Page 3032 (CHAPTER 497, SB 68)ê

 

      4.  [In] Except as otherwise provided in subsection 5 and sections 35 and 36 of this act, in addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      5.  If an applicant submits an application for a license or certificate by endorsement pursuant to section 35 or 36 of this act, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1 for the issuance of an initial license or certificate.

      Sec. 41.  Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, as applicable, in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a marriage and family therapist or clinical professional counselor, as applicable; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (c) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for and initial issuance of a license; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving the application.

      4.  A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 

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ê2015 Statutes of Nevada, Page 3033 (CHAPTER 497, SB 68)ê

 

      Sec. 42.  NRS 641A.220 is hereby amended to read as follows:

      641A.220  [Each] Except as otherwise provided in section 41 of this act, each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that the applicant:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has completed residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

      5.  Has:

      (a) At least 2 years of postgraduate experience in marriage and family therapy; and

      (b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and

      6.  Holds an undergraduate degree from an accredited institution approved by the Board.

      Sec. 43.  NRS 641A.230 is hereby amended to read as follows:

      641A.230  1.  Except as otherwise provided in subsection 2 [,] and section 41 of this act, each qualified applicant for a license to practice as a marriage and family therapist must pass a written examination given by the Board on his or her knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine.

      2.  The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the Association of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.

      3.  In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.

      Sec. 44.  NRS 641A.231 is hereby amended to read as follows:

      641A.231  [Each] Except as otherwise provided in section 41 of this act, each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that the applicant:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has:

      (a) Completed residency training in psychiatry from an accredited institution approved by the Board;

      (b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or

      (c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

 

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ê2015 Statutes of Nevada, Page 3034 (CHAPTER 497, SB 68)ê

 

which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

      5.  Has:

      (a) At least 2 years of postgraduate experience in professional counseling;

      (b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:

             (1) At least 1,500 hours of direct contact with clients; and

             (2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and

      (c) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.

      Sec. 45.  Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may issue a license by endorsement to engage in social work to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license to engage in social work in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in social work;

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States; and

             (5) Has been continuously and actively engaged in social work for the past 5 years;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641B.202;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and

      (d) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement to engage in social work pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

 

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ê2015 Statutes of Nevada, Page 3035 (CHAPTER 497, SB 68)ê

 

      4.  A license by endorsement to engage in social work may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 46.  NRS 641B.250 is hereby amended to read as follows:

      641B.250  1.  Except as otherwise provided in NRS 641B.270 and 641B.275, and section 45 of this act, before the issuance of a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, must appear personally and pass an examination concerning his or her knowledge of the practice of social work.

      2.  Any such examination must be fair and impartial, practical in character with questions designed to discover the applicant’s fitness.

      3.  The Board may employ specialists and other professional consultants or examining services in conducting the examination.

      4.  The member of the Board who is the representative of the general public shall not participate in the grading of the examination.

      5.  The Board shall examine applicants for licensure at least twice a year.

      Sec. 47.  NRS 641B.300 is hereby amended to read as follows:

      641B.300  1.  The Board shall charge and collect fees not to exceed the following amounts for:

 

Initial application..................................................................................... $40

Provisional license....................................................................................... 75

Initial issuance of a license , including a license by endorsement.. 100

Annual renewal of a license.................................................................... 150

Restoration of a suspended license or reinstatement of a revoked license   150

Restoration of an expired license.......................................................... 200

Renewal of a delinquent license............................................................ 100

Reciprocal license without examination.............................................. 100

 

      2.  If an applicant submits an application for a license by endorsement pursuant to section 45 of this act, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and initial issuance of a license.

      Sec. 48.  Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 49 to 53, inclusive, of this act.

      Sec. 49.  1.  The Board may issue a license by endorsement as a clinical alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as a clinical alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

 

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ê2015 Statutes of Nevada, Page 3036 (CHAPTER 497, SB 68)ê

 

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a clinical alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as a clinical alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 50.  1.  The Board may issue a license by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid and unrestricted license as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as an alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

 

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ê2015 Statutes of Nevada, Page 3037 (CHAPTER 497, SB 68)ê

 

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A license by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 51.  1.  The Board may issue a certificate by endorsement as an alcohol and drug abuse counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as an alcohol and drug abuse counselor in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as an alcohol and drug abuse counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug abuse counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application.

 

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ê2015 Statutes of Nevada, Page 3038 (CHAPTER 497, SB 68)ê

 

the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug abuse counselor to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as an alcohol and drug abuse counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 52.  1.  The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a problem gambling counselor in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a problem gambling counselor; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

 

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ê2015 Statutes of Nevada, Page 3039 (CHAPTER 497, SB 68)ê

 

      Sec. 53.  1.  Notwithstanding any regulations adopted pursuant to NRS 641C.500, the Board may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:

      (a) Proof satisfactory to the Board that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a detoxification technician; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided pursuant to NRS 641C.500;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) Any fee prescribed by the Board pursuant to NRS 641C.500 for the issuance of a certificate; and

      (e) Any other information required by the Board.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Board receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  A certificate by endorsement as a detoxification technician may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 54.  NRS 641C.290 is hereby amended to read as follows:

      641C.290  1.  [Each] Except as otherwise provided in section 49 of this act, each applicant for a license as a clinical alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the clinical practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      2.  [Each] Except as otherwise provided in section 50 or 51 of this act, each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

 

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ê2015 Statutes of Nevada, Page 3040 (CHAPTER 497, SB 68)ê

 

applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      3.  [Each] Except as otherwise provided in section 52 of this act, each applicant for a certificate as a problem gambling counselor must pass a written examination concerning his or her knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      4.  The Board shall:

      (a) Examine applicants at least two times each year.

      (b) Establish the time and place for the examinations.

      (c) Provide such books and forms as may be necessary to conduct the examinations.

      (d) Except as otherwise provided in NRS 622.090, establish, by regulation, the requirements for passing the examination.

      5.  The Board may employ other persons to conduct the examinations.

      Sec. 55.  NRS 641C.470 is hereby amended to read as follows:

      641C.470  1.  The Board shall charge and collect not more than the following fees:

 

For the initial application for a license or certificate , including a license or certificate by endorsement       $150

For the issuance of a provisional license or certificate...................... 125

For the issuance of an initial license or certificate , including a license or certificate by endorsement    60

For the renewal of a license or certificate as an alcohol and drug abuse counselor, a license as a clinical alcohol and drug abuse counselor or a certificate as a problem gambling counselor 300

For the renewal of a certificate as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern............. 75

For the renewal of a delinquent license or certificate........................... 75

For the restoration of an expired license or certificate....................... 150

For the restoration or reinstatement of a suspended or revoked license or certificate   300

For the issuance of a license or certificate without examination..... 150

For an examination.................................................................................. 150

For the approval of a course of continuing education...................... 150

 

      2.  If an applicant submits an application for a license or certificate by endorsement pursuant to section 49, 50, 51, 52 or 53 of this act, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and issuance of an initial license or certificate, as applicable.

      3.  The fees charged and collected pursuant to this section are not refundable.

      Sec. 56.  This act becomes effective upon passage and approval.

________

 

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ê2015 Statutes of Nevada, Page 3041ê

 

CHAPTER 498, SB 170

Senate Bill No. 170–Senators Roberson, Ford, Lipparelli and Harris

 

Joint Sponsors: Assemblymen Kirkpatrick and Hambrick

 

CHAPTER 498

 

[Approved: June 9, 2015]

 

AN ACT relating to economic development; authorizing a person who locates or expands a data center in this State to apply to the Office of Economic Development for a partial abatement of certain property taxes and local sales and use taxes; establishing criteria by which a data center may qualify for such a partial abatement; establishing the maximum duration and percentage of such partial abatements; requiring the Office to approve an application for a partial abatement if the applicant meets the criteria for eligibility; authorizing the Office to approve a partial abatement of taxes for certain qualified businesses that colocate with a data center for which a partial abatement has been approved; revising provisions governing eligibility for a partial abatement of certain property taxes and sales and use taxes for a data center that is or will be located in a historically underutilized business zone, a redevelopment area, an area eligible for a community development block grant or an enterprise community; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Office of Economic Development to grant a partial abatement of property taxes, business taxes and sales and use taxes to a business that locates or expands in this State and meets certain qualifications for the abatement. (NRS 274.310, 274.320, 360.750, 361.0687, 363B.120, 374.357, 701A.210) Section 1 of this bill authorizes the Office of Economic Development to grant a partial abatement of property taxes and local sales and use taxes to a data center that locates or expands in this State and meets certain qualifications. Section 1 establishes the criteria by which a data center must demonstrate eligibility for a partial abatement, including requirements concerning the number of full-time employees employed by a data center who must be residents of Nevada and minimum requirements for capital investment. If the Office of Economic Development approves a partial abatement for a data center, section 1 authorizes the Office of Economic Development to grant the same partial abatement to certain businesses that colocate with the data center. Section 5 of this bill specifies that the amount of the abatement must not exceed 75 percent of the amount of personal property taxes payable by a data center for eligible equipment and machinery located in the data center. Section 6 of this bill specifies the duration of the partial abatement applicable to the local sales and use taxes otherwise payable by a data center for eligible equipment and machinery located in the data center. Section 10.5 of this bill provides that any such abatement of the local sales and use taxes must not include, for Fiscal Year 2015-2016, an abatement of the local school support tax.

      Section 1 prohibits the Office of Economic Development from approving any abatements pursuant to the provisions of sections 1-6, 7-9 and 10-12 of this bill on or after January 1, 2036, but, pursuant to section 13 of this bill, the provisions of sections 1-6, 7-9 and 10-12 will remain effective until December 31, 2056, so that the Office of Economic Development and the Department of Taxation may continue to administer the law with regard to any abatements approved pursuant to the provisions of this bill and in effect on January 1, 2036.

 

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ê2015 Statutes of Nevada, Page 3042 (CHAPTER 498, SB 170)ê

 

      Existing law authorizes the Office of Economic Development to grant, for a period of at least 1 year but not more than 5 years, a partial abatement of property taxes and sales and use taxes to an eligible business that is or will be located in a historically underutilized business zone, a redevelopment area, an area eligible for a community development block grant or an enterprise community. Under existing law, a data center that locates in such an area is eligible for such partial abatements for a period of at least 1 year but not more than 15 years. (NRS 274.310, 274.320, 274.330, 374.358) Sections 6.5, 9.3-9.7 and 12.5 of this bill delete the provisions which apply specifically to a data center which is or will be located in a historically underutilized business zone, a redevelopment area, an area eligible for a community development block grant or an enterprise community.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intends to locate or expand a data center in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded data center pursuant to chapter 361 or 374 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The application is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053 and any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office of Economic Development which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office of Economic Development, which must not be earlier than the date on which the Office received the application;

             (3) State that the data center will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office of Economic Development, which must be at least 10 years, and will continue to meet the eligibility requirements set forth in this subsection; and

             (4) Bind the successors in interest of the applicant for the specified period.

      (c) The applicant is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by each county, city or town in which the data center operates.

      (d) If the applicant is seeking a partial abatement for a period of not more than 10 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 10 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

 

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ê2015 Statutes of Nevada, Page 3043 (CHAPTER 498, SB 170)ê

 

who will be employed at the data center and will continue to employ 10 or more full-time employees who are residents of Nevada at the data center until at least the date which is 10 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $25,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged or anticipated to be engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (e) If the applicant is seeking a partial abatement for a period of 10 years or more but not more than 20 years, the applicant meets the following requirements:

             (1) The data center will, by not later than the date that is 5 years after the date on which the abatement becomes effective, have or have added 50 or more full-time employees who are residents of Nevada and who will be employed at the data center and will continue to employ 50 or more full-time employees who are residents of Nevada at the data center until at least the date which is 20 years after the date on which the abatement becomes effective.

             (2) Establishing or expanding the data center will require the data center or any combination of the data center and one or more colocated businesses to make in each county in this State in which the data center is located, by not later than the date which is 5 years after the date on which the abatement becomes effective, a cumulative capital investment of at least $100,000,000 in capital assets that will be used or located at the data center.

             (3) The average hourly wage that will be paid by the data center to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

 

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ê2015 Statutes of Nevada, Page 3044 (CHAPTER 498, SB 170)ê

 

                   (I) The data center will, by not later than the date which is 2 years after the date on which the abatement becomes effective, provide a health insurance plan for all employees employed at the data center that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The health care benefits provided to employees employed at the data center will meet the minimum requirements for health care benefits established by the Office of Economic Development by regulation pursuant to subsection 12.

             (4) At least 50 percent of the employees engaged or anticipated to be engaged in the construction of the data center are residents of Nevada, unless waived by the Executive Director of the Office of Economic Development upon proof satisfactory to the Executive Director of the Office of Economic Development that there is an insufficient number of residents of Nevada available and qualified for such employment.

      (f) The applicant has provided in the application an estimate of the total number of new employees which the data center anticipates hiring in this State if the Office of Economic Development approves the application.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office of Economic Development has requested a letter of acknowledgment of the request for the abatement from each affected county, school district, city or town.

      (b) Shall consider the level of health care benefits provided to employees employed at the data center, the projected economic impact of the data center and the projected tax revenue of the data center after deducting projected revenue from the abated taxes.

      (c) May, if the Office of Economic Development determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a data center that does not meet the requirements set forth in paragraph (d) or (e) of subsection 2;

             (2) Make the requirements set forth in paragraph (d) and (e) of subsection 2 more stringent; or

             (3) Add additional requirements that an applicant must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of each county in which the data center is or will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office may also approve a partial abatement of taxes for each colocated business that enters into a contract to use or occupy, for a period of at least 2 years, all or a portion of the new or expanded data center. Each such colocated business shall obtain a state business license issued by the Secretary of State. The percentage amount of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center.

 

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ê2015 Statutes of Nevada, Page 3045 (CHAPTER 498, SB 170)ê

 

business pursuant to this subsection must not exceed the percentage amount of the partial abatement approved for the data center. The duration of a partial abatement approved for a colocated business pursuant to this subsection must not exceed the duration of the contract or contracts entered into between the colocated business and the data center, including the duration of any contract or contracts extended or renewed by the parties. If a colocated business ceases to meet the requirements set forth in this subsection, the colocated business shall repay the amount of the abatement that was allowed in the same manner in which a data center is required by subsection 7 to repay the Department or a county treasurer. If a data center ceases to meet the requirements of subsection 2 or ceases operation before the time specified in the agreement described in paragraph (b) of subsection 2, any partial abatement approved for a colocated business ceases to be in effect, but the colocated business is not required to repay the amount of the abatement that was allowed before the date on which the abatement ceases to be in effect. A data center shall provide the Executive Director of the Office and the Department with a list of the colocated businesses that are qualified to receive a partial abatement pursuant to this subsection and shall notify the Executive Director within 30 days after any change to the list. The Executive Director shall provide the list and any updates to the list to the Department and the county treasurer of each affected county.

      6.  An applicant for a partial abatement pursuant to this section or a data center whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a data center whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the data center shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the abatement that was allowed pursuant to this section before the failure of the data center to comply unless the Nevada Tax Commission determines that the data center has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the data center shall, in addition to the amount of the abatement required to be repaid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection 5 or 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

 

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ê2015 Statutes of Nevada, Page 3046 (CHAPTER 498, SB 170)ê

 

      9.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      10.  For an employee to be considered a resident of Nevada for the purposes of this section, a data center must maintain the following documents in the personnel file of the employee:

      (a) A copy of the current and valid Nevada driver’s license of the employee or a current and valid identification card for the employee issued by the Department of Motor Vehicles;

      (b) If the employee is a registered owner of one or more motor vehicles in Nevada, a copy of the current motor vehicle registration of at least one of those vehicles;

      (c) Proof that the employee is a full-time employee; and

      (d) Proof that the employee is covered by the health insurance plan which the data center is required to provide pursuant to sub-subparagraph (I) of subparagraph (3) of paragraph (d) of subsection 2 or sub-subparagraph (I) of subparagraph (3) of paragraph (e) of subsection 2.

      11.  For the purpose of obtaining from the Executive Director of the Office of Economic Development any waiver of the requirements set forth in subparagraph (4) of paragraph (d) of subsection 2 or subparagraph (4) of paragraph (e) of subsection 2, a data center must submit to the Executive Director of the Office of Economic Development written documentation of the efforts to meet the requirements and documented proof that an insufficient number of Nevada residents is available and qualified for employment.

      12.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of health care benefits that a data center must provide to its employees to meet the requirement set forth in paragraph (d) or (e) of subsection 2;

      (b) May adopt such other regulations as the Office determines to be necessary to carry out the provisions of this section; and

      (c) Shall not approve any application for a partial abatement submitted pursuant to this section which is received on or after January 1, 2036.

      13.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment necessary to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

             (2) Any security that a data center is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      14.  As used in this section, unless the context otherwise requires:

      (a) “Colocated business” means a person who enters into a contract with a data center that is qualified to receive an abatement pursuant to this section to use or occupy all or part of the data center.

      (b) “Data center” means one or more buildings located at one or more physical locations in this State which house a group of networked server computers for the purpose of centralizing the storage, management and dissemination of data and information pertaining to one or more businesses and includes any modular or preassembled components, associated telecommunications and storage systems and, if the data center includes more than one building or physical location, any network or connection between such buildings or physical locations.

 

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includes more than one building or physical location, any network or connection between such buildings or physical locations.

      (c) “Full-time employee” means a person who is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in paragraph (d) or (e) of subsection 2.

      Sec. 2.  NRS 360.225 is hereby amended to read as follows:

      360.225  1.  During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:

      (a) A partial abatement of property taxes pursuant to NRS 361.0687;

      (b) An exemption from taxes pursuant to NRS 363B.120;

      (c) A deferral of the payment of taxes on the sale of eligible property pursuant to NRS 372.397 or 374.402;

      (d) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357;

      (e) A partial abatement of taxes pursuant to NRS 360.752; [or]

      (f) A partial abatement of taxes pursuant to section 1 of this act; or

      (g) An abatement of taxes pursuant to NRS 360.950,

Ê the Department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement, exemption or deferral that the person is claiming.

      2.  If the Department finds that the person does not meet the eligibility requirements for the abatement, exemption or deferral which the person is claiming, the Department shall report its findings to the Office of Economic Development and take any other necessary actions.

      Sec. 3.  NRS 360.755 is hereby amended to read as follows:

      360.755  1.  If the Office of Economic Development approves an application by a business for an abatement of taxes pursuant to NRS 360.950 or a partial abatement pursuant to NRS 360.750 or 360.752 [,] or section 1 of this act, the agreement with the Office must provide that the business:

      (a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in full compliance with the requirements for the abatement or partial abatement; and

      (b) Consents to the disclosure of the audit reports in the manner set forth in this section.

      2.  If the Department conducts an audit of the business to determine whether the business is in full compliance with the requirements for the abatement or partial abatement, the Department shall, upon request, provide the audit report to the Office of Economic Development.

      3.  Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Office of Economic Development:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the business consents to the disclosure.

      4.  After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:

      (a) The audit report provided to the Office of Economic Development is a public record; and

 

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      (b) Upon request by any person, the Executive Director of the Office of Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.

      5.  Before the Executive Director of the Office of Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record;

      (c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and

      (d) Must not be disclosed to any person who is not an officer or employee of the Office of Economic Development unless the business consents to the disclosure.

      Sec. 4.  NRS 360.757 is hereby amended to read as follows:

      360.757  1.  The Office of Economic Development shall not take any action on an application for any abatement of taxes pursuant to NRS 274.310, 274.320, 274.330 or 360.750 or section 1 of this act or any other specific statute unless the Office:

      (a) Takes that action at a public meeting conducted for that purpose; and

      (b) At least 30 days before the meeting, provides notice of the application to:

             (1) The governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the pertinent business is or will be located;

             (2) The governing body of any other political subdivision that could be affected by the abatement; and

             (3) The general public.

      2.  The notice required by this section must set forth the date, time and location of the meeting at which the Office of Economic Development will consider the application.

      3.  The Office of Economic Development shall adopt regulations relating to the notice required by this section.

      Sec. 5.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intends to locate or expand a data center in this State may, pursuant to section 1 of this act, apply to the Office of Economic Development for a partial abatement from the taxes imposed by this chapter on personal property located at the data center.

      2.  If a partial abatement from the taxes imposed by this chapter on personal property located at the data center is approved by the Office of Economic Development pursuant to section 1 of this act:

      (a) The partial abatement must:

             (1) For an applicant seeking an abatement pursuant to paragraph (d) of subsection 2 of section 1 of this act:

 

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                   (I) Be for a duration of at least 1 year but not more than 10 years; and

                   (II) Not exceed 75 percent of the taxes payable by the data center each year pursuant to this chapter on personal property located at the data center;

             (2) For an applicant seeking an abatement pursuant to paragraph (e) of subsection 2 of section 1 of this act:

                    (I) Be for a duration of at least 10 years but not more than 20 years; and

                   (II) Not exceed 75 percent of the taxes payable by the data center each year pursuant to this chapter on personal property located at the data center; and

             (3) Be administered and carried out in the manner set forth in section 1 of this act.

      (b) The Executive Director of the Office of Economic Development shall notify the county assessor of each county in which the data center is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Office granted and the applicability of the partial abatement to any colocated business. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a data center qualifies for a partial abatement during the current fiscal year as to whether the data center or any colocated business is still eligible for the partial abatement in the next succeeding fiscal year.

      3.  As used in this section:

      (a) “Colocated business” has the meaning ascribed to it in section 1 of this act.

      (b) “Data center” has the meaning ascribed to it in section 1 of this act.

      Sec. 6.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intends to locate or expand a data center in this State may, pursuant to section 1 of this act, apply to the Office of Economic Development for a partial abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use at a data center which has been approved for a partial abatement pursuant to section 1 of this act.

      2.  If an application for a partial abatement is approved:

      (a) For an applicant seeking an abatement pursuant to paragraph (d) of subsection 2 of section 1 of this act, the data center and any colocated business is eligible for an abatement from the tax imposed by this chapter for a period of not more than 10 years.

      (b) For an applicant seeking an abatement pursuant to paragraph (e) of subsection 2 of section 1 of this act, the data center and any colocated business is eligible for an abatement from the tax imposed by this chapter for a period of not more than 20 years.

      (c) The abatement must be administered and carried out in the manner set forth in section 1 of this act.

      3.  As used in this section:

      (a) “Colocated business” has the meaning ascribed to it in section 1 of this act.

 

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      (b) “Data center” has the meaning ascribed to it in section 1 of this act.

      (c) “Eligible machinery or equipment” means machinery or equipment necessary to and specifically related to the business of the data center or colocated business. The term does not include vehicles, buildings or the structural components of buildings.

      Sec. 6.5.  NRS 374.358 is hereby amended to read as follows:

      374.358  1.  A person who maintains a business or intends to locate a business in a historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 in this State may, pursuant to the applicable provisions of NRS 274.310, 274.320 or 274.330, apply to the Office of Economic Development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to NRS 274.310, 274.320 or 274.330.

      2.  If an application for an abatement is approved pursuant to NRS 274.310, 274.320 or 274.330:

      (a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for [:

             (1) Except as otherwise provided in subparagraph (2),] a duration of not less than 1 year but not more than 5 [years; or

             (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective, a minimum of $100,000,000 in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597, a duration of not less than 1 year but not more than 15] years.

      (b) The abatement must be administered and carried out in the manner set forth in the applicable provisions of NRS 274.310, 274.320 or 274.330.

      3.  As used in this section, unless the context otherwise requires [:

      (a) “Data center” has the meaning ascribed to it in NRS 274.025.

      (b) “Eligible] , “eligible machinery or equipment” means machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:

             [(1)] (a) Buildings or the structural components of buildings;

             [(2)] (b) Equipment used by a public utility;

             [(3)] (c) Equipment used for medical treatment;

             [(4)] (d) Machinery or equipment used in mining; or

             [(5)] (e) Machinery or equipment used in gaming.

      Sec. 7.  NRS 218D.355 is hereby amended to read as follows:

      218D.355  1.  Except as otherwise provided in NRS 360.965 [,] and section 1 of this act, any state legislation enacted on or after July 1, 2012, which authorizes or requires the Office of Economic Development to approve any abatement of taxes or increases the amount of any abatement of taxes which the Office is authorized or required to approve:

      (a) Expires by limitation 10 years after the effective date of that legislation.

 

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      (b) Does not apply to:

             (1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or

             (2) Any entity that receives:

                   (I) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

                   (II) Any real or personal property from a governmental entity at no cost or at a reduced cost.

      (c) Requires each recipient of the abatement to submit to the Department of Taxation, on or before the last day of each even-numbered year, a report on whether the recipient is in compliance with the terms of the abatement. The Department of Taxation shall establish a form for the report and may adopt such regulations as it determines to be appropriate to carry out this paragraph. The report must include, without limitation:

             (1) The date the recipient commenced operation in this State;

             (2) The number of employees actually employed by the recipient and the average hourly wage of those employees;

             (3) An accounting of any fees paid by the recipient to the State and to local governmental entities;

             (4) An accounting of the property taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

             (5) An accounting of the sales and use taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;

             (6) An accounting of the total capital investment made in connection with the project to which the abatement applies; and

             (7) An accounting of the total investment in personal property made in connection with the project to which the abatement applies.

      2.  On or before January 15 of each odd-numbered year, the Department of Taxation shall:

      (a) Based upon the information submitted to the Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a written report of its findings regarding whether the costs of the abatement exceed the benefits of the abatement; and

      (b) Submit the report to the Director for transmittal to the Legislature.

      Sec. 8.  NRS 231.0685 is hereby amended to read as follows:

      231.0685  The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330, 360.750 or 360.752 [.] or section 1 of this act. The report must set forth, for each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  The value of infrastructure included as an incentive for the business;

      4.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      5.  Whether the business for which the abatement was approved is a new business or an existing business;

 

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      6.  The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business; and

      7.  Any other information that the Office determines to be useful.

      Sec. 9.  NRS 231A.170 is hereby amended to read as follows:

      231A.170  1.  For the purpose of NRS 231A.110, a qualified active low-income community business is limited to those businesses meeting the Small Business Administration size eligibility standards established in 13 C.F.R. §§ 121.101 to 201, inclusive, at the time the qualified low-income community investment is made. A business must be considered a qualified active low-income community business for the duration of the qualified community development entity’s investment in, or loan to, the business if the entity reasonably expects, at the time it makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business, other than the Small Business Administration size standards, throughout the entire period of the investment or loan.

      2.  Except as otherwise provided in this subsection, the businesses limited by this section do not include any business that derives or projects to derive 15 percent or more of its annual revenue from the rental or sale of real estate. This exclusion does not apply to a business that is controlled by, or under common control with, another business if the second business:

      (a) Does not derive or project to derive 15 percent or more of its annual revenue from the rental or sale of real estate; and

      (b) Is the primary tenant of the real estate leased from the first business.

      3.  The following businesses are not qualified active low-income community businesses:

      (a) A business that has received an abatement from taxation pursuant to NRS 274.310, 274.320, 274.330 or 360.750 [.] or section 1 of this act.

      (b) An entity that has liability for insurance premium tax on a premium tax report filed pursuant to NRS 680B.030.

      (c) A business engaged in banking or lending.

      (d) A massage parlor.

      (e) A bath house.

      (f) A tanning salon.

      (g) A country club.

      (h) A business operating under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      (i) A liquor store.

      (j) A golf course.

      Sec. 9.3.  NRS 274.310 is hereby amended to read as follows:

      274.310  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS.

 

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the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states that the business will, after the date on which the abatement becomes effective:

             (1) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital assets that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

 

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      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must [:

             (1) Except as otherwise provided in subparagraph (2),] be for a duration of not less than 1 year but not more than 5 [years; or

             (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15] years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 9.5.  NRS 274.320 is hereby amended to read as follows:

      274.320  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

 

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Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states that the business will, after the date on which the abatement becomes effective:

             (1) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

 

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      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must [:

             (1) Except as otherwise provided in subparagraph (2),] be for a duration of not less than 1 year but not more than 5 [years; or

             (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15] years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 9.7.  NRS 274.330 is hereby amended to read as follows:

      274.330  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

 

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ê2015 Statutes of Nevada, Page 3057 (CHAPTER 498, SB 170)ê

 

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states that the business will, after the date on which the abatement becomes effective:

             (1) Continue in operation in the enterprise community for a period specified by the Office, which must be at least 5 years; and

             (2) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must [:

             (1) Except as otherwise provided in subparagraph (2),] be for a duration of not less than 1 year but not more than 5 [years; or

 

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ê2015 Statutes of Nevada, Page 3058 (CHAPTER 498, SB 170)ê

 

            (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15] years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      9.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Sec. 10.  NRS 353.207 is hereby amended to read as follows:

      353.207  1.  The Chief shall:

      (a) Require the Office of Economic Development and the Office of Energy each periodically to conduct an analysis of the relative costs and benefits of each incentive for economic development previously approved by the respective office and in effect during the immediately preceding 2 fiscal years, including, without limitation, any abatement of taxes approved by the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.950, 361.0687, 374.357 or 701A.210 [,] or section 1 of this act, to assist the Governor and the Legislature in determining whether the economic benefits of the incentive have accomplished the purposes of the statute pursuant to which the incentive was approved and warrant additional incentives of that kind;

 

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ê2015 Statutes of Nevada, Page 3059 (CHAPTER 498, SB 170)ê

 

benefits of each incentive for economic development previously approved by the respective office and in effect during the immediately preceding 2 fiscal years, including, without limitation, any abatement of taxes approved by the Office of Economic Development pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.950, 361.0687, 374.357 or 701A.210 [,] or section 1 of this act, to assist the Governor and the Legislature in determining whether the economic benefits of the incentive have accomplished the purposes of the statute pursuant to which the incentive was approved and warrant additional incentives of that kind;

      (b) Require each office to report in writing to the Chief the results of the analysis conducted by the office pursuant to paragraph (a); and

      (c) Establish a schedule for performing and reporting the results of the analysis required by paragraph (a) which ensures that the results of the analysis reported by each office are included in the proposed budget prepared pursuant to NRS 353.205, as required by that section.

      2.  Each report prepared for the Chief pursuant to this section is a public record and is open to inspection pursuant to the provisions of NRS 239.010.

      Sec. 10.5.  Notwithstanding the provisions of sections 1 and 6 of this act, if the Office of Economic Development approves an application for a partial abatement pursuant to section 1 of this act, of the taxes imposed pursuant to chapter 374 of NRS, any such partial abatement must not include, for Fiscal Year 2015-2016, an abatement of the local school support tax imposed by chapter 374 of NRS.

      Sec. 11.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 12.  The Legislature hereby finds that each abatement provided by this act from any ad valorem tax on property or excise tax on the sale, storage, use or other consumption of tangible personal property sold at retail:

      1.  Will achieve a bona fide social or economic purpose and the benefits of the abatement are expected to exceed any adverse effect of the abatement on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the abatement would be granted; and

      2.  Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the abatement would be granted was pledged.

      Sec. 12.5.  NRS 274.025 is hereby repealed.

      Sec. 13.  1.  This act becomes effective:

      (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On January 1, 2016, for all other purposes.

      2.  Sections 6.5, 9.3, 9.5 and 9.7 of this act expire by limitation on June 30, 2032.

      3.  Sections 1 to 6, inclusive, 7, 8, 9 and 10 to 12, inclusive, of this act expire by limitation on December 31, 2056.

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ê2015 Statutes of Nevada, Page 3060ê

 

CHAPTER 499, AB 278

Assembly Bill No. 278–Assemblymen Elliot Anderson, Kirkpatrick, Diaz, Benitez-Thompson, Carlton; Paul Anderson, Araujo, Bustamante Adams, Carrillo, Flores, Hambrick, Joiner, Munford, Neal, Ohrenschall, Oscarson, Spiegel, Sprinkle, Swank and Thompson

 

CHAPTER 499

 

[Approved: June 9, 2015]

 

AN ACT relating to education; requiring the Department of Education to develop certain policies, procedures and guidance related to class-size reduction; requiring the Legislative Auditor to conduct an audit concerning the use of money by each school district for the class-size reduction program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the ratio of pupils per licensed teacher in certain grades in elementary school must not exceed specified ratios. Any school district with a school that exceeds this ratio must request a variance from the State Board of Education. (NRS 388.700) Each school district must develop a plan to reduce the district’s pupil-teacher ratio per class and submit quarterly reports with certain information related to the district’s pupil-teacher ratios to the Department of Education. (NRS 388.720, 388.725) Section 1 of this bill requires the Department to develop policies and procedures to: (1) monitor the plans developed by each school district; (2) monitor the quarterly reports submitted by each school district; (3) review any variance requested by a school district; and (4) distribute any money to school districts for the reduction of pupil-teacher ratios. Section 1 also requires the Department to develop guidance for school districts on: (1) developing a plan to reduce pupil-teacher ratios; (2) reporting information related to the reduction of pupil-teacher ratios; and (3) the data that must be monitored by each school district to measure the effectiveness of a plan to reduce pupil-teacher ratios. Section 1 further requires the Department to communicate with the school districts regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios, including the minimum number of teachers each school district is expected to employ.

      Section 2 of this bill requires the Legislative Auditor to conduct an audit concerning the use by each school district of money appropriated for the class-size reduction program during the 2013-2015 biennium. The audit must include an examination and analysis of the “plus two” program that authorized school districts to elect to increase class size by two pupils.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department shall:

      1.  Develop policies and procedures for:

      (a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

 

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ê2015 Statutes of Nevada, Page 3061 (CHAPTER 499, AB 278)ê

 

             (1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

             (2) The review of any data submitted to the State Board pursuant to NRS 388.710.

      (b) Monitoring the quarterly reports concerning the average daily attendance of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

      (c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the Legislature pursuant to that section.

      (d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

             (1) The retention of all documents and records related to the distribution; and

             (2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.

      2.  Provide guidance to the school districts on:

      (a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

             (1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

             (2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

      (b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

      (c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

      3.  Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

      Sec. 2.  1.  The Legislative Auditor shall conduct an audit concerning the use by each school district of the money appropriated for the class-size reduction program during the 2013-2015 biennium. The audit must include an examination and analysis of the program authorizing school districts to elect to increase class sizes by two pupils.

      2.  The Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission not later than February 6, 2017.

      Sec. 3.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 3062ê

 

CHAPTER 500, SB 4

Senate Bill No. 4–Senator Settelmeyer

 

CHAPTER 500

 

[Approved: June 9, 2015]

 

AN ACT relating to wildlife; authorizing certain traps, snares or similar devices used in the trapping of wild mammals to be registered with the Department of Wildlife; limiting the requirement to obtain a permit to take or kill fur-bearing mammals injuring property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that each trap, snare or similar device used in the taking of wild mammals must be registered with the Department of Wildlife before it is used. Existing law also requires that each registered trap, snare or similar device bear a number which is assigned by the Department and is affixed to or marked on the trap, snare or similar device. (NRS 503.452) Section 1 of this bill authorizes rather than requires the registration of a trap, snare or similar device used by a person in the taking of wild mammals. Section 1 provides that a trap, snare or similar device must bear a number assigned by the Department only if the trap, snare or similar device is registered with the Department. Section 1 also provides that the provisions relating to the registration and numbering of a trap, snare or similar device do not apply to such a device that is used: (1) exclusively on private property by the owner or occupant of the property or with the permission of the owner or occupant; (2) for the control of rodents by an institution of the Nevada System of Higher Education; (3) by a federal, state or local governmental agency; or (4) for the taking of wild mammals for scientific or educational purposes under a permit issued by the Department.

      Existing law provides that fur-bearing mammals injuring property may be taken or killed at any time in any manner if a permit is obtained from the Department. (NRS 503.470) Section 2 of this bill removes the requirement that the owner or occupant of the property obtain a permit in such circumstances.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 503.452 is hereby amended to read as follows:

      503.452  1.  [Each] Except as otherwise provided in subsection 2, each trap, snare or similar device used by a person in the taking of wild mammals [must] may be registered with the Department before it is used. Each registered trap, snare or similar device must bear a number which is assigned by the Department and is affixed to or marked on the trap, snare or similar device in the manner specified by regulations adopted by the Commission. The registration of a trap, snare or similar device is valid until the trap, snare or similar device is sold or ownership of the trap, snare or similar device is otherwise transferred.

      2.  The provisions of subsection 1 do not apply to a trap, snare or similar device used:

 

 

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ê2015 Statutes of Nevada, Page 3063 (CHAPTER 500, SB 4)ê

 

      (a) Exclusively on private property which is posted or fenced in accordance with the provisions of NRS 207.200 by the owner or occupant of the property or with the permission of the owner or occupant;

      (b) For the control of rodents by an institution of the Nevada System of Higher Education;

      (c) By any federal, state or local governmental agency; or

      (d) For the taking of wild mammals for scientific or educational purposes under a permit issued by the Department pursuant to NRS 503.650.

      3.  A registration fee of $10 for each registrant is payable only once by each person who registers a trap, snare or similar device. The fee must be paid at the time the first trap, snare or similar device is registered.

      [3.] 4.  It is unlawful:

      (a) For a person to whom a trap, snare or similar device is registered to allow another person to possess or use the trap, snare or similar device without providing to that person written authorization to possess or use the trap, snare or similar device.

      (b) For a person to possess or use a trap, snare or similar device registered to another person without obtaining the written authorization required pursuant to paragraph (a). If a person obtains written authorization to possess or use a trap, snare or similar device pursuant to paragraph (a), the person shall ensure that the written authorization, together with his or her trapping license, is in his or her possession during any period in which he or she uses the trap, snare or similar device to take fur-bearing mammals.

      [4.] 5.  A person to whom a trap, snare or similar device is registered pursuant to this section shall report any theft of the trap, snare or similar device to the Department as soon as it is practical to do so after the person discovers the theft.

      [5.] 6.  Any information in the possession of the Department concerning the registration of a trap, snare or similar device is confidential and the Department shall not disclose that information unless required to do so by law or court order.

      Sec. 2.  NRS 503.470 is hereby amended to read as follows:

      503.470  1.  Fur-bearing mammals injuring any property may be taken or killed at any time in any manner [, provided a permit is first obtained from the Department.] by the owner or occupant of the property or with the permission of the owner or occupant.

      2.  When the Department has determined from investigations or upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter exists or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the Department shall remove such excess or depredating beaver or otter.

      Sec. 3.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 3064ê

 

CHAPTER 501, SB 107

Senate Bill No. 107–Committee on Health and Human Services

 

CHAPTER 501

 

[Approved: June 9, 2015]

 

AN ACT relating to the protection of children; requiring the Division of Child and Family Services of the Department of Health and Human Services to conduct an annual review of the placement of children in specialized foster homes by an agency which provides child welfare services; authorizing the Administrator of the Division to require an agency which provides child welfare services to take corrective action in certain circumstances; requiring the Division to submit an annual report concerning specialized foster care to the Governor and the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines a “specialized foster home” as a foster home which provides full-time care and services for one to six children who: (1) require special care for physical, mental or emotional issues; (2) are under 18 years of age or remain under the jurisdiction of a court; (3) are not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and (4) are received, cared for and maintained for compensation or otherwise, including the provision of free care. (NRS 424.018) Section 3.5 of this bill requires an agency which provides child welfare services to provide certain information concerning children placed in specialized foster homes to the Division of Child and Family Services of the Department of Health and Human Services. Section 3.6 of this bill requires the Division to periodically review the placement of children in specialized foster homes by an agency which provides child welfare services. If, after the review, the Division determines that the agency which provides child welfare services is placing children in specialized foster homes inappropriately or that children placed in such foster homes are not receiving the care and services that they need, section 3.6 requires the Administrator of the Division to require the agency which provides child welfare services to take corrective action. Section 3.7 of this bill requires the Division to submit an annual report to the Governor and the Legislature that contains certain information concerning children who are placed in specialized foster homes.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 3.7, inclusive, of this act.

      Sec. 2.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 3.  (Deleted by amendment.)

      Sec. 3.5.  1.  Each agency which provides child welfare services shall ensure that money allocated to pay for the cost of providing care to children placed in a specialized foster home is not used for any other purpose.

      2.  On or before August 1 of each year, each agency which provides child welfare services shall prepare and submit to the Division and the Fiscal Analysis Division of the Legislative Counsel Bureau a report listing all expenditures relating to the placement of children in specialized foster homes for the previous fiscal year.

 

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ê2015 Statutes of Nevada, Page 3065 (CHAPTER 501, SB 107)ê

 

      3.  Each agency which provides child welfare services shall provide to the Division any data concerning children who are placed in a specialized foster home by the agency upon the request of the Division.

      Sec. 3.6.  1.  The Division shall periodically review the placement of children in specialized foster homes by each agency which provides child welfare services to determine whether children are being appropriately placed in such foster homes and are receiving the care and services that they need. Such a review may include, without limitation, an examination of:

      (a) Demographics of children who are placed in specialized foster homes;

      (b) Information from clinical evaluations of children who are placed in specialized foster homes;

      (c) Relevant information submitted to the Department of Health and Human Services pursuant to the State Plan for Medicaid;

      (d) Case files maintained by the agency which provides child welfare services for children who are placed in specialized foster homes; and

      (e) Any other information determined to be relevant by the Division.

      2.  If, after conducting a review pursuant to subsection 1, the Division determines that an agency which provides child welfare services is inappropriately placing children in specialized foster homes or that children placed in such foster homes are not receiving the care and services that they need, the Administrator of the Division shall require the agency which provides child welfare services to take corrective action. If an agency fails to take the corrective action required by the Administrator, the Division may require the agency which provides child welfare services to develop a corrective action plan pursuant to NRS 432B.2155.

      Sec. 3.7.  1.  The Division shall, on or before January 31 of each year, prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the placement of children in specialized foster homes and the provision of services to children placed in such foster homes for the previous fiscal year. The report must include, without limitation:

      (a) The number of times a child who has been placed in a specialized foster home has been hospitalized;

      (b) The number of times a child who has been placed in a specialized foster home has run away from the specialized foster home;

      (c) Information concerning the use of psychotropic medications by children who have been placed in specialized foster homes;

      (d) The progress of children who have been placed in specialized foster homes towards permanent living arrangements;

      (e) The performance of children who have been placed in specialized foster homes on clinical standardized assessment tools;

      (f) Information concerning the academic standing and performance of children who have been placed in specialized foster homes;

      (g) The number of children who have been placed in specialized foster homes who have been adjudicated delinquent; and

      (h) The results of the reviews conducted pursuant to section 3.6 of this act.

      2.  All information in the report prepared pursuant to subsection 1 must be aggregated and the report must exclude any personal identifiable information about a child.

 

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ê2015 Statutes of Nevada, Page 3066 (CHAPTER 501, SB 107)ê

 

      Sec. 4.  NRS 424.010 is hereby amended to read as follows:

      424.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 424.012 to 424.018, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  The first report that each agency which provides child welfare services is required to prepare and submit pursuant to section 3.5 of this act must be submitted on or before August 1, 2016.

      Sec. 8.  1.  This section and sections 1 to 3.6, inclusive, and 4 to 7, inclusive, of this act become effective on July 1, 2015.

      2.  Section 3.7 of this act becomes effective on July 1, 2016, and expires by limitation on July 1, 2021.

________

CHAPTER 502, SB 69

Senate Bill No. 69–Committee on Finance

 

CHAPTER 502

 

[Approved: June 9, 2015]

 

AN ACT relating to the judiciary; revising provisions governing the benefits of a retired justice or judge; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System to qualify to receive allowances under the Judicial Retirement Plan for the duration of his or her active service if the justice or judge is at least 60 years of age at the time of his or her reemployment and accepts the employment at least 6 months after the effective date of his or her retirement. (NRS 1A.360) Section 2 of this bill changes the minimum age requirement to a requirement that, at the time of reemployment, the retired justice or judge must be receiving: (1) a benefit that is not actuarially reduced; or (2) a benefit that is actuarially reduced but the retired justice or judge has reached the required age at which he or she could have retired with a benefit that was not actuarially reduced. Section 2 also reduces the minimum required period before the acceptance of such employment from 6 months to 90 days after the effective date of the retirement of the justice or judge. Section 2.5 of this bill authorizes a retired justice or judge who is a member of the Public Employees’ Retirement System and who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge with the Nevada Court System to continue to receive allowances under the Public Employees’ Retirement System for the duration of that employment.

      Additionally, existing law provides that a retired justice or judge who is reemployed and commissioned as a senior justice, senior judge, senior justice of the peace or senior municipal court judge is entitled to receive a retirement allowance in addition to compensation for his or her service and is entitled to receive additional service credit for actual time served if he or she reenrolled in a retirement plan. (NRS 2.060, 3.090) Existing law further provides that such provisions, in addition to certain other provisions relating to the benefits of a retired justice or judge, expire by limitation on June 30, 2015. (Chapter 398, Statutes of Nevada 2009, p. 2222) Section 3 of this bill removes this sunset provision.

 

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ê2015 Statutes of Nevada, Page 3067 (CHAPTER 502, SB 69)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 1A.360 is hereby amended to read as follows:

      1A.360  1.  Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judge accepts employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System, the retired justice or judge is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his or her active service.

      2.  If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge in a judicial capacity pursuant to this section elects not to reenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator if the retired justice or judge is a justice of the Supreme Court, a judge of the Court of Appeals or a district judge, the county if the retired justice or judge is a justice of the peace or the city if the retired justice or judge is a municipal judge, may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator, county or city would pay to the System on behalf of a participating justice or judge who is employed in a similar position.

      4.  The provisions of subsection 1 do not apply to a retired justice or judge who accepts employment as a senior justice, senior judge, senior justice of the peace or senior municipal judge of the Nevada Court System if the retired justice or judge [is at least 60 years of age at] :

      (a) At the time of reemployment [and the retired justice or judge accepts] , is receiving:

             (1) A benefit that is not actuarially reduced pursuant to subsection 2 of NRS 1A.350; or

             (2) A benefit actuarially reduced pursuant to subsection 2 of NRS 1A.350 and the retired justice or judge has reached the required age at which he or she could have retired with a benefit that was not actuarially reduced pursuant to subsection 2 of NRS 1A.350; and

      (b) Accepts the employment at least [6 months] 90 days after the effective date of his or her retirement pursuant to subsection 2 of NRS 1A.130.

      Sec. 2.5.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Except as otherwise provided in this section and NRS 286.525, the consequences of the employment of a retired employee are:

      (a) A retired employee who accepts employment or an independent contract with a public employer under this System is disqualified from receiving any allowances under this System for the duration of that employment or contract if:

 

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ê2015 Statutes of Nevada, Page 3068 (CHAPTER 502, SB 69)ê

 

             (1) The retired employee accepted the employment or contract within 90 calendar days after the effective date of the employee’s retirement; or

             (2) The retired employee is employed in a position which is eligible to participate in this System.

      (b) If a retired employee accepts employment or an independent contract with a public employer under this System more than 90 calendar days after the effective date of the employee’s retirement in a position which is not eligible to participate in this System, the employee’s allowance under this System terminates upon the employee’s earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year, for the duration of that employment or contract.

      (c) If a retired employee accepts employment with an employer who is not a public employer under this System, the employee is entitled to the same allowances as a retired employee who has no employment.

      2.  The retired employee and the public employer shall notify the System:

      (a) Within 10 days after the first day of an employment or contract governed by paragraph (a) of subsection 1.

      (b) Within 30 days after the first day of an employment or contract governed by paragraph (b) of subsection 1.

      (c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year from an employment or contract governed by paragraph (b) of subsection 1.

      3.  For the purposes of this section, the average salary for participating public employees who are not police officers or firefighters must be computed on the basis of the most recent actuarial valuation of the System.

      4.  If a retired employee who accepts employment or an independent contract with a public employer under this System pursuant to this section elects not to reenroll in the System pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who is employed in a similar position.

      5.  If a retired employee is chosen by election or appointment to fill an elective public office, the retired employee is entitled to the same allowances as a retired employee who has no employment, unless the retired employee is serving in the same office in which the retired employee served and for which the retired employee received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who serves in the same office.

 

 

 

 

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ê2015 Statutes of Nevada, Page 3069 (CHAPTER 502, SB 69)ê

 

      6.  The System may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

      7.  A person who accepts employment or an independent contract with [either] :

      (a) Either house of the Legislature or [by] the Legislative Counsel Bureau ; or

      (b) The Nevada Court System as a senior justice, senior judge, senior justice of the peace or senior municipal judge,

Ê is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.

      8.  A person who accepts employment with a volunteer fire department of which all the volunteers have become members of the System pursuant to NRS 286.367 is exempt from the provisions of subsections 1 and 2 for the duration of that employment.

      Sec. 3.  Section 11 of chapter 398, Statutes of Nevada 2009, at page 2222, is hereby amended to read as follows:

       Sec. 11.  This act becomes effective on July 1, 2009 . [, and expires by limitation on June 30, 2015.]

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 2 and 2.5 of this act become effective on July 1, 2015.

________

CHAPTER 503, SB 338

Senate Bill No. 338–Senators Smith, Woodhouse, Ford, Kihuen, Parks; Atkinson, Denis, Manendo and Spearman

 

Joint Sponsors: Assemblymen Sprinkle; Elliot Anderson, Araujo, Carrillo, Diaz, Flores, Joiner, Munford and Swank

 

CHAPTER 503

 

[Approved: June 10, 2015]

 

AN ACT relating to public schools; requiring the Director of the Office for a Safe and Respectful Learning Environment within the Department of Education to establish the Safe-to-Tell Program to enable the anonymous reporting of dangerous, violent or unlawful activity, or threats thereof, in or at a public school; prohibiting the release of records or information of the Program except under certain circumstances; creating and providing for the expenditure of money from the Safe-to-Tell Program Account; requiring the Director of the Office for a Safe and Respectful Learning Environment to post on the Internet website maintained by the Department a list of each gift or donation received for deposit in the Account and the name of each donor; creating and providing duties for the Safe-to-Tell Program Advisory Committee; providing penalties; and providing other matters properly relating thereto.

 

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ê2015 Statutes of Nevada, Page 3070 (CHAPTER 503, SB 338)ê

 

Legislative Counsel’s Digest:

      Section 4 of this bill requires the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to section 4 of Senate Bill No. 504 of this Session to establish the Safe-to-Tell Program within the Office. The Safe-to-Tell Program must enable any person to anonymously report any dangerous, violent or unlawful activity which is being conducted or threatened to be conducted on the property of a public school, at an activity sponsored by a public school or on a school bus of a public school. Section 4 provides that any information received by the Program is confidential and further provides that the Program must include methods and procedures to ensure that: (1) information reported to the Program is promptly forwarded to appropriate public safety agencies and appropriate public school administrators; and (2) the identity of a person who reports information to the Program is not known by persons operating the Program and is not disclosed to any person. Additionally, section 4 authorizes the Director of the Office to enter into agreements with organizations to operate a hotline or call center to receive initial reports made to the Program and forward the information contained in the reports in the required manner. Section 4 provides that the identity of a person who reports information to the Program must remain unknown to persons employed by, contracting with, volunteering with or otherwise assisting such organizations in operating any such hotline or call center.

      Under section 5 of this bill, a person must not be compelled to produce or disclose any record or information provided to the Program except upon the motion of a defendant in a criminal action or as authorized pursuant to section 4. Section 5 requires that the identity of any person who made a report to the Program be redacted from any record or information subsequently provided to the defendant, and provides that the court may subject the record or information to a protective order further redacting or otherwise limiting the use of the record or information.

      Section 6 of this bill provides that the willful disclosure of a record or information of the Safe-to-Tell Program, or the willful neglect or refusal to obey a court order relating to the Program, is punishable as criminal contempt.

      Section 6.5 of this bill creates the Safe-to-Tell Program Account in the State General Fund. The Account must be administered by the Director and money in the Account may be used only to implement and operate the Safe-to-Tell Program. Section 6.5 also requires the Director to: (1) post on the Internet website maintained by the Department of Education a list of each gift or donation received for deposit to the Account and the name of each donor; (2) update the list annually; and (3) transmit the list to the next regular session of the Legislature or the Legislative Committee on Education, as applicable.

      Section 7.5 of this bill establishes the Safe-to-Tell Program Advisory Committee within the Office. The Committee is required to submit a report to the Governor and the Legislature which includes information regarding the number of reports received by the Safe-to-Tell Program and any recommendations for the improvement of the Program. Section 8 of this bill provides for the dissolution of the Committee on December 31, 2016.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 6.5, inclusive, of this act.

      Sec. 1.3.  As used in sections 1.3 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5 and 1.7 of this act have the meanings ascribed to them in those sections.

 

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ê2015 Statutes of Nevada, Page 3071 (CHAPTER 503, SB 338)ê

 

      Sec. 1.5.  “Director” means the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to section 4 of Senate Bill No. 504 of this Session.

      Sec. 1.7.  “Safe-to-Tell Program” or “Program” means the Safe-to-Tell Program established within the Office for a Safe and Respectful Learning Environment pursuant to section 4 of this act.

      Sec. 2.  The Legislature hereby declares that it is the intent of the Legislature in enacting sections 1.3 to 6.5, inclusive, of this act to enable the people of this State to easily and anonymously provide to appropriate state or local public safety agencies and to school administrators information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school or on a school bus of a public school.

      Sec. 3.  The Legislature hereby finds and declares that:

      1.  The ability to anonymously report information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school or on a school bus of a public school is critical in preventing, responding to and recovering from such activities.

      2.  It is in the best interest of this State to ensure the anonymity of a person who reports such an activity, or the threat of such an activity, and who wishes to remain anonymous and to ensure the confidentiality of any record or information associated with such a report.

      Sec. 4.  1.  The Director shall establish the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment. The Program must enable any person to report anonymously to the Program any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on school property, at an activity sponsored by a public school or on a school bus of a public school. Any information relating to any such dangerous, violent or unlawful activity, or threat thereof, received by the Program is confidential and, except as otherwise authorized pursuant to paragraph (a) of subsection 2 and section 5 of this act, must not be disclosed to any person.

      2.  The Program must include, without limitation, methods and procedures to ensure that:

      (a) Information reported to the Program is promptly forwarded to the appropriate public safety agencies and school administrators; and

      (b) The identity of a person who reports information to the Program:

             (1) Is not known by any person designated by the Director to operate the Program;

             (2) Is not known by any person employed by, contracting with, serving as a volunteer with or otherwise assisting an organization with whom the Director enters into an agreement pursuant to subsection 3; and

             (3) Is not disclosed to any person.

      3.  On behalf of the Program, the Director may enter into agreements with any organization that the Director determines is appropriately qualified and experienced, pursuant to which the organization will operate a hotline or call center that will receive initial reports made to the Program and forward the information contained in the reports in the manner required by subsection 2.

 

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ê2015 Statutes of Nevada, Page 3072 (CHAPTER 503, SB 338)ê

 

      4.  The Director shall provide training regarding the Program to employees and volunteers of each public safety agency, public safety answering point, board of trustees of a school district, governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program.

      5.  The Director shall:

      (a) Post information concerning the Program on an Internet website maintained by the Director; and

      (b) Provide to each public school educational materials regarding the Program, including, without limitation, the telephone number and any other methods by which a report may be made.

      6.  As used in this section:

      (a) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

      (b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

      Sec. 5.  1.  Except as otherwise provided in this section or as otherwise authorized pursuant to paragraph (a) of subsection 2 of section 4 of this act, a person must not be compelled to produce or disclose any record or information provided to the Safe-to-Tell Program.

      2.  A defendant in a criminal action may file a motion to compel a person to produce or disclose any record or information provided to the Program. A defendant in a criminal action who files such a motion shall serve a copy of the motion upon the prosecuting attorney and upon the Director, either or both of whom may file a response to the motion not later than a date determined by the court.

      3.  If the court grants a motion filed by a defendant in a criminal action pursuant to subsection 2, the court may conduct an in camera review of the record or information or make any other order which justice requires. Counsel for all parties shall be permitted to be present at every stage at which any counsel is permitted to be present. If the court determines that the record or information includes evidence that could be offered by the defendant to exculpate the defendant or to impeach the testimony of a witness, the court shall order the record or information to be provided to the defendant. The identity of any person who reported information to the Safe-to-Tell Program must be redacted from any record or information provided pursuant to this subsection, and the record or information may be subject to a protective order further redacting the record or information or otherwise limiting the use of the record or information.

      4.  The record of any information redacted pursuant to subsection 3 must be sealed and preserved to be made available to the appellate court in the event of an appeal. If the time for appeal expires without an appeal, the court shall provide the record to the Safe-to-Tell Program.

      Sec. 6.  Except as otherwise provided in section 5 of this act or as otherwise authorized pursuant to paragraph (a) of subsection 2 of section 4 of this act, the willful disclosure of a record or information of the Safe-to-Tell Program, including, without limitation, the identity of a person who reported information to the Program, or the willful neglect or refusal to obey any court order made pursuant to section 5 of this act, is punishable as criminal contempt.

 

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ê2015 Statutes of Nevada, Page 3073 (CHAPTER 503, SB 338)ê

 

      Sec. 6.5.  1.  The Safe-to-Tell Program Account is hereby created in the State General Fund.

      2.  Except as otherwise provided in subsection 4, the money in the Account may be used only to implement and operate the Safe-to-Tell Program.

      3.  The Account must be administered by the Director, who may:

      (a) Apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account; and

      (b) Expend any money received pursuant to paragraph (a) in accordance with subsection 2.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  The money in the Account does not revert to the State General Fund at the end of any fiscal year.

      6.  The Director shall:

      (a) Post on the Internet website maintained by the Department a list of each gift, donation, bequest, grant or other source of money, if any, received pursuant to subsection 3 for deposit in the Account and the name of the donor of each gift, donation, bequest, grant or other source of money;

      (b) Update the list annually; and

      (c) On or before February 1 of each year, transmit the list prepared for the immediately preceding year:

             (1) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

             (2) In even-numbered years, to the Legislative Committee on Education.

      Sec. 7.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.

 

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ê2015 Statutes of Nevada, Page 3074 (CHAPTER 503, SB 338)ê

 

360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and section 4 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

 

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ê2015 Statutes of Nevada, Page 3075 (CHAPTER 503, SB 338)ê

 

confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 7.5.  1.  The Safe-to-Tell Program Advisory Committee is hereby created in the Office for a Safe and Respectful Learning Environment created by section 4 of Senate Bill No. 504 of this Session within the Department of Education.

      2.  The Committee consists of the following members, who must be appointed as soon as practicable after the effective date of this section but not later than July 31, 2015:

      (a) The following members appointed by the Governor:

             (1) One member who is a representative of a law enforcement agency in a county whose population is 700,000 or more;

             (2) One member who is a representative of a law enforcement agency in a county whose population is 100,000 or more but less than 700,000;

             (3) One member who is a representative of a law enforcement agency in a county whose population is less than 100,000;

             (4) One member who is an employee or other representative of the Office of Suicide Prevention of the Division of Public and Behavioral Health of the Department of Health and Human Services;

             (5) One member who is an employee or other representative of the Department of Public Safety;

             (6) One member who is a school counselor of a public school, as defined in NRS 385.007;

             (7) One member who is a psychologist employed by a school district; and

             (8) One member who is a victim’s advocate, as defined in NRS 49.2545, or who the Governor determines is otherwise qualified to provide expertise in the field of providing assistance to victims;

      (b) One member who is a Senator, appointed by the Majority Leader of the Senate;

      (c) One member who is a Senator, appointed by the Minority Leader of the Senate;

      (d) One member who is an Assemblyman or Assemblywoman, appointed by the Speaker of the Assembly;

      (e) One member who is an Assemblyman or Assemblywoman, appointed by the Minority Leader of the Assembly;

      (f) The Superintendent of Public Instruction, or his or her designee;

      (g) The Director of the State Public Charter School Authority, appointed pursuant to NRS 386.511, or his or her designee;

      (h) One member who is a licensed teacher, appointed by the Nevada State Education Association, or its successor organization;

 

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      (i) Two members appointed by the Nevada Association of School Administrators, or its successor organization, who are school administrators;

      (j) One member appointed by the Nevada Association of School Superintendents, or its successor organization, who is the superintendent of a county school district; and

      (k) Two members appointed by the Nevada Association of School Boards, or its successor organization.

      3.  To the extent practicable, the persons appointing members to the Committee shall coordinate the appointments to ensure that the members represent the geographic and ethnic diversity of this State.

      4.  Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      5.  The members of the Committee serve without compensation. If sufficient money is available, members are entitled to the travel allowances provided for state officers and employees generally while attending meetings of the Committee.

      6.  The Committee shall hold its first meeting as soon as practicable on or after August 1, 2015. At the first meeting of the Committee, the members of the Committee shall elect a Chair.

      7.  The Chair of the Committee may appoint such subcommittees of the Committee as the Chair determines necessary to carry out the duties of the Committee.

      8.  The Committee, or any subcommittee of the Committee, may seek the input, advice and assistance of persons and organizations with knowledge, interest or expertise relevant to the duties of the Committee.

      9.  The Committee shall, not later than June 30, 2016, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature a written report that includes, without limitation:

      (a) Subject to the provisions regarding confidentiality set forth in sections 1.3 to 6.5, inclusive, of this act, information regarding the number of reports received by the Safe-to-Tell Program established pursuant to section 4 of this act and the disposition of those reports; and

      (b) Recommendations, including, without limitation, any proposed legislation for the improvement of the Safe-to-Tell Program.

      Sec. 8.  1.  This section becomes effective upon passage and approval.

      2.  Section 7.5 of this act:

      (a) Becomes effective:

             (1) Upon passage and approval for the purpose of appointing the members of the Safe-to-Tell Program Advisory Committee created pursuant to that section; and

             (2) On July 1, 2015, for all other purposes.

      (b) Expires by limitation on December 31, 2016.

      3.  Sections 1 to 7, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On January 1, 2016, for all other purposes.

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