EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Title 44 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 and 4 of this act have the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 3. "Department" means the department of transportation.

1-8 Sec. 4. "Skydiving business" means a business that receives

1-9 compensation for providing a person with:

1-10 1. The opportunity to jump with a parachute from an airplane, a

1-11 balloon or any other vehicle used for navigation through the air; or

1-12 2. Training on how to jump safely from an airplane, a balloon or

1-13 any other vehicle used for navigation through the air and how to land

1-14 safely using a parachute.

1-15 Sec. 5. The practice of operating a skydiving business is hereby

1-16 declared to be a learned profession, affecting public safety, health and

1-17 welfare, and subject to regulation to protect the public from the operation

2-1 of a skydiving business by an unqualified person and from

2-2 unprofessional conduct by a person who is licensed to operate a

2-3 skydiving business.

2-4 Sec. 6. A license issued pursuant to the provisions of this chapter is

2-5 a revocable privilege, and the holder of the license does not acquire

2-6 thereby a vested right.

2-7 Sec. 7. 1. All fees provided for in this chapter must be paid to the

2-8 department.

2-9 2. The department shall deposit the fees in a bank or other financial

2-10 institution in this state.

2-11 3. All expenses that are required to carry out the provisions of this

2-12 chapter must be paid from the fees collected pursuant to this chapter. No

2-13 part of the expenses may be paid out of the state general fund.

2-14 4. The department:

2-15 (a) Shall deposit any money collected from the imposition of an

2-16 administrative fine with the state treasurer for credit to the state general

2-17 fund; and

2-18 (b) May present a claim to the state board of examiners for

2-19 recommendation to the interim finance committee if money is needed to

2-20 pay attorney’s fees or the costs of an investigation, or both.

2-21 Sec. 8. 1. A person shall not:

2-22 (a) Operate a skydiving business;

2-23 (b) Represent to the public that he is operating a licensed skydiving

2-24 business; or

2-25 (c) Use in connection with his skydiving business any title, word,

2-26 letters or other designation intended to imply that the skydiving business

2-27 is licensed,

2-28 unless the person first obtains a license from the department to operate

2-29 the skydiving business.

2-30 2. If the department determines that a person has operated or is

2-31 about to operate a skydiving business in violation of subsection 1, the

2-32 department may petition an appropriate court for an order enjoining the

2-33 operation of the skydiving business. The court shall issue the injunction

2-34 if the department demonstrates that the person has operated or is about

2-35 to operate a skydiving business in violation of subsection 1. An

2-36 injunction does not preclude a criminal prosecution against the person.

2-37 3. This section does not apply to a skydiving instructor who:

2-38 (a) Is an independent contractor; and

2-39 (b) Works exclusively for one licensee.

2-40 Sec. 9. 1. An applicant for a license to operate a skydiving

2-41 business must:

2-42 (a) Be of good moral character;

3-1 (b) Be a citizen of the United States or be lawfully entitled to reside

3-2 and work in the United States;

3-3 (c) Submit a complete set of fingerprints and written permission

3-4 authorizing the department to forward the fingerprints to the central

3-5 repository for Nevada records of criminal history for submission to the

3-6 Federal Bureau of Investigation for its report;

3-7 (d) Submit an application on a form provided by the department that

3-8 includes:

3-9 (1) The name of the applicant;

3-10 (2) The name, address and telephone number of the skydiving

3-11 business;

3-12 (3) The name of the airport at which the skydiving business will

3-13 operate;

3-14 (4) The "N" numbers of the aircraft that the skydiving business will

3-15 use; and

3-16 (5) The names and Federal Aviation Administration certificate

3-17 numbers of the pilots who will pilot aircraft for the business;

3-18 (e) Submit a copy of a letter of permission or a land lease from a

3-19 property owner allowing skydivers from the skydiving business to land on

3-20 that property;

3-21 (f) Submit a certificate of insurance or bond that evidences coverage

3-22 of at least:

3-23 (1) Fifty thousand dollars for property damage and $300,000 for

3-24 personal injury arising from an individual claim; or

3-25 (2) One million dollars for all personal injury and death claims

3-26 arising from a single incident;

3-27 (g) Submit the statement required pursuant to section 11 of this act;

3-28 (h) Pay a fee of $1,000 to the department; and

3-29 (i) Provide the department with a copy of the safety handbook that:

3-30 (1) The operator will follow in conducting the operations of the

3-31 skydiving business; and

3-32 (2) Contains the safety standards set forth in subsection 2.

3-33 2. The safety handbook must contain safety standards that:

3-34 (a) Meet or exceed the basic safety requirements of the United States

3-35 Parachute Association and the relevant regulations of the Federal

3-36 Aviation Administration; and

3-37 (b) Require the operator to:

3-38 (1) Ensure that an automatic parachute opener with a

3-39 microprocessor is functioning, turned on and used on every jump;

3-40 (2) Ensure that each skydiver has a functioning altimeter that is

3-41 visible to him during every jump; and

3-42 (3) Require a person who is skydiving for the first time to complete

3-43 at least:

4-1 (I) Six hours of ground training, at least 3 hours of which must

4-2 concern the operation and rigging of a parachute and at least 3 hours of

4-3 which must concern safety measures; and

4-4 (II) Two tandem jumps before allowing the person to jump
4-5 alone.

4-6 A person who has not jumped with that skydiving business before shall

4-7 be deemed to be skydiving for the first time unless the person produces

4-8 documented proof that he has previously skydived.

4-9 3. The department shall issue a license to an applicant if he satisfies

4-10 the requirements of this section.

4-11 4. A licensee shall, as needed, update any of the information

4-12 required pursuant to subsection 1.

4-13 Sec. 10. An application for a license to operate a skydiving business

4-14 must include the social security number of the applicant.

4-15 Sec. 11. 1. An applicant for the issuance or renewal of a license to

4-16 operate a skydiving business must submit to the department the statement

4-17 prescribed by the welfare division of the department of human resources

4-18 pursuant to NRS 425.520. The statement must be completed and signed

4-19 by the applicant.

4-20 2. The department shall include the statement required pursuant to

4-21 subsection 1 in:

4-22 (a) The application or any other forms that must be submitted for the

4-23 issuance or renewal of the license; or

4-24 (b) A separate form prescribed by the department.

4-25 3. A license may not be issued or renewed by the department if the

4-26 applicant:

4-27 (a) Fails to submit the statement required pursuant to subsection 1; or

4-28 (b) Indicates on the statement submitted pursuant to subsection 1 that

4-29 he is subject to a court order for the support of a child and is not in

4-30 compliance with the order or a plan approved by the district attorney or

4-31 other public agency enforcing the order for the repayment of the amount

4-32 owed pursuant to the order.

4-33 4. If an applicant indicates on the statement submitted pursuant to

4-34 subsection 1 that he is subject to a court order for the support of a child

4-35 and is not in compliance with the order or a plan approved by the district

4-36 attorney or other public agency enforcing the order for the repayment of

4-37 the amount owed pursuant to the order, the department shall advise the

4-38 applicant to contact the district attorney or other public agency enforcing

4-39 the order to determine the actions that the applicant may take to satisfy

4-40 the arrearage.

4-41 Sec. 12. 1. If the department receives a copy of a court order

4-42 issued pursuant to NRS 425.540 that provides for the suspension of all

4-43 professional, occupational and recreational licenses, certificates and

5-1 permits issued to a licensee, the department shall deem the license to be

5-2 suspended at the end of the 30th day after the date the court order was

5-3 issued unless the department receives a letter issued to the licensee by the

5-4 district attorney or other public agency pursuant to NRS 425.550 stating

5-5 that the licensee has complied with the subpoena or warrant or has

5-6 satisfied the arrearage pursuant to NRS 425.560.

5-7 2. The department shall reinstate a license that has been suspended

5-8 by a district court pursuant to NRS 425.540 if the department receives a

5-9 letter issued by the district attorney or other public agency pursuant to

5-10 NRS 425.550 to the licensee stating that the licensee has complied with

5-11 the subpoena or warrant or has satisfied the arrearage pursuant to NRS

5-12 425.560.

5-13 Sec. 13. 1. A license to operate a skydiving business expires on

5-14 June 30 of each year and may be renewed if, before his license expires,

5-15 the licensee submits to the department:

5-16 (a) A copy of a letter of permission or a land lease from a property

5-17 owner allowing skydivers from the skydiving business to land on that

5-18 property;

5-19 (b) A certificate of insurance or bond that evidences coverage of the

5-20 amounts set forth in paragraph (f) of subsection 1 of section 9 of this act;

5-21 (c) A fee of $1,000 for the renewal of his license; and

5-22 (d) The statement required pursuant to section 11 of this act.

5-23 2. A license that expires pursuant to the provisions of this section

5-24 may be restored if the applicant submits to the department:

5-25 (a) A copy of a letter of permission or a land lease from a property

5-26 owner allowing skydivers from the skydiving business to land on that

5-27 property;

5-28 (b) A certificate of insurance or bond that evidences coverage of the

5-29 amounts set forth in paragraph (f) of subsection 1 of section 9 of this act;

5-30 (c) A fee of $1,000 for the reinstatement of his license;

5-31 (d) A copy of the safety handbook as required pursuant to section 9 of

5-32 this act; and

5-33 (e) The statement required pursuant to section 11 of this act.

5-34 Sec. 14. 1. The operator of a skydiving business shall post in a

5-35 conspicuous location:

5-36 (a) His license to operate a skydiving business; and

5-37 (b) A poster containing the information set forth in section 15 of this

5-38 act.

5-39 2. The operator of a skydiving business shall prepare a monthly

5-40 report of the operations of the skydiving business. The monthly report

5-41 must be in the format set forth in section 16 of this act and must be

5-42 submitted to the department on or before the 15th day of the month

6-1 following the month for which the report is prepared. The operator shall

6-2 verify the accuracy of each monthly report by signing the report under

6-3 penalty of perjury.

6-4 3. Upon request, the operator of a skydiving business shall provide a

6-5 customer with a copy of the relevant regulations of the Federal Aviation

6-6 Administration and the basic safety requirements of the United States

6-7 Parachute Association.

6-8 Sec. 15. The poster that an operator is required to post pursuant to

6-9 section 14 of this act must include the following information in a font

6-10 which is easy to read:

6-11 1. A statement that all skydiving businesses in the State of Nevada

6-12 are required to:

6-13 (a) Meet or exceed the basic safety requirements of the United States

6-14 Parachute Association and the relevant regulations of the Federal

6-15 Aviation Administration.

6-16 (b) Use an automatic parachute opener with a microprocessor on

6-17 every skydive.

6-18 (c) Ensure that each skydiver has a functioning altimeter that is

6-19 visible to him during every jump.

6-20 (d) Require a person who is skydiving for the first time to complete at

6-21 least:

6-22 (1) Six hours of ground training, at least 3 hours of which must

6-23 concern the operation and rigging of a parachute and at least 3 hours of

6-24 which must concern safety measures; and

6-25 (2) Two tandem jumps before allowing the person to jump alone.

6-26 A person who has not jumped with that skydiving business shall be

6-27 deemed to be skydiving for the first time unless the person produces

6-28 documented proof that he has previously skydived.

6-29 2. The basic safety requirements of the United States Parachute

6-30 Association;

6-31 3. The relevant regulations of the Federal Aviation Administration;

6-32 4. A statement indicating that a person may contact the department

6-33 to report any known or suspected safety hazards at the skydiving

6-34 business; and

6-35 5. The telephone number and address of the department that a

6-36 person may use to report known or suspected safety hazards at the

6-37 skydiving business.

6-38 Sec. 16. The monthly report that the operator of a skydiving

6-39 business is required to submit pursuant to section 14 of this act must:

6-40 1. Be in substantially the following form:

6-41 Name of Business

6-42 Business Address

7-1 Telephone Number

7-2 Name of the Operator

7-3 Airport

7-4 Business License Number

7-5 USPA Group Membership Number

7-6 Aircraft "N" Numbers

7-7 Names of Pilots with FAA Certificate Numbers

7-8 Number of Flights Made

7-9 Number of Passengers Flown

7-10 Names of Jump Masters with USPA License Numbers

7-11 Names of Tandem Masters with USPA License Numbers

7-12 Names of Riggers with FAA License Numbers

7-13 Total Number of Skydives Made

7-14 Total Number of Experienced ("Fun") Jumps Made

7-15 Total Number of Student Jumps Made

7-16 Total Number of Tandem Jumps Made

7-17 I hereby certify under penalty of perjury that the facts in this report

7-18 and in the accompanying reports are true to the best of my knowledge

7-19 and that all skydiving jumps have been made employing safety standards

7-20 that meet or exceed the safety standards set forth in section 9 of this act.

7-21

7-22 Signature Date

7-23 2. Include a separate detailed report describing the nature and cause

7-24 of any injury or fatality that occurred during the month as a result of

7-25 skydiving.

7-26 Sec. 17. 1. The department may take any of the disciplinary

7-27 actions set forth in subsection 3 against a licensee if the licensee:

7-28 (a) Has submitted false or misleading information to the department

7-29 or an agency of this or any other state or of the Federal Government;

7-30 (b) Has violated a provision of this chapter;

7-31 (c) Has been convicted of a felony or a crime involving a controlled

7-32 substance or moral turpitude;

7-33 (d) Is addicted to alcohol or a controlled substance;

7-34 (e) Is guilty of gross negligence in operating his skydiving business,

7-35 which may be evidenced by claims of malpractice settled against him;

7-36 (f) Is found not to be competent to operate a skydiving business;

7-37 (g) Has failed to provide information in response to a written request

7-38 of the department within 60 days after receiving the request;

7-39 (h) Has engaged in unethical or unprofessional conduct as it relates

7-40 to the operation of a skydiving business;

8-1 (i) Has been disciplined in another jurisdiction for conduct that would

8-2 be a violation of the provisions of this chapter; or

8-3 (j) If the licensee was on probation, has violated the terms of his

8-4 probation.

8-5 2. To determine whether a skydiving business is meeting the safety

8-6 standards set forth in section 9 of this act, the department shall inspect

8-7 each skydiving business:

8-8 (a) Annually; and

8-9 (b) Promptly after determining from a monthly report required

8-10 pursuant to section 14 of this act or from information provided by a

8-11 person that the skydiving business may not be meeting the safety

8-12 standards set forth in section 9 of this act.

8-13 3. If the department determines that a licensee has committed any of

8-14 the acts set forth in subsection 1 or has not met the safety standards set

8-15 forth in section 9 of this act, the department may, after notice and a

8-16 hearing:

8-17 (a) Refuse to renew the license of the skydiving business;

8-18 (b) Immediately revoke the license of the skydiving business;

8-19 (c) Suspend the license of the skydiving business for a definite period

8-20 until further order by the department;

8-21 (d) Issue a public or private reprimand;

8-22 (e) Impose a fine of not more than $5,000 for each action that fails to

8-23 meet the safety standards of section 9 of this act;

8-24 (f) Require the skydiving business to pay the costs incurred by the

8-25 department in taking disciplinary action pursuant to this section; or

8-26 (g) Impose any combination of the disciplinary actions set forth in this

8-27 section.

8-28 Sec. 18. 1. The department may conduct investigations and hold

8-29 hearings to carry out its duties set forth in this chapter.

8-30 2. At a hearing conducted by the department pursuant to this

8-31 chapter, only employees of the department that have been designated by

8-32 the department may administer oaths, examine witnesses or issue

8-33 subpoenas to compel the attendance of witnesses and the production of

8-34 books and papers.

8-35 3. A witness who is subpoenaed to appear at a hearing is entitled to

8-36 receive for his attendance the same fees and mileage allowed by law to a

8-37 witness in a civil case. The amount must be paid by the party who

8-38 requested the subpoena. If a witness who has not been required to attend

8-39 at the request of a party is subpoenaed by the department, the department

8-40 shall pay his fees and his mileage.

8-41 4. If a person fails to comply with a subpoena within 10 days after it

8-42 is issued, the department may petition a court of competent jurisdiction

8-43 for an order of the court compelling compliance with the subpoena.

9-1 5. Upon receiving such a petition, the court shall enter an order

9-2 directing the person subpoenaed to:

9-3 (a) Appear before the court at a time and place to be fixed by the court

9-4 in its order, the time to be not more than 10 days after the date of the

9-5 order; and

9-6 (b) Show cause why he has not complied with the subpoena.

9-7 A certified copy of the order must be served upon the person subpoenaed.

9-8 6. If it appears to the court that the subpoena was regularly issued by

9-9 the department, the court shall enter an order compelling compliance

9-10 with the subpoena. A person who fails to obey such an order is in

9-11 contempt of the court.

9-12 Sec. 19. 1. Any records or information obtained during the course

9-13 of an investigation by the department are confidential until the

9-14 investigation is completed. Upon completion of the investigation, the

9-15 records and information are public records if:

9-16 (a) Disciplinary action was taken by the department as a result of the

9-17 investigation; or

9-18 (b) The person who was investigated submits a written request to the

9-19 department asking that the information and records be made public.

9-20 2. The provisions of this section do not prohibit the department from

9-21 cooperating with a licensing board or an agency that is investigating a

9-22 licensee, including, without limitation, a law enforcement agency.

9-23 Sec. 20. The department, the State of Nevada and all political

9-24 subdivisions of the State of Nevada are immune from liability for any

9-25 claim based upon the enforcement of, or failure to enforce, the

9-26 provisions of this chapter.

9-27 Sec. 21. 1. A person who violates a provision of this chapter is

9-28 guilty of a misdemeanor.

9-29 2. If the department has reason to believe that a person has violated

9-30 a provision of this chapter, the department shall report the facts to the

9-31 district attorney of the county in which the violation occurred, who may

9-32 cause appropriate criminal proceedings to be brought against the person.

9-33 Sec. 22. NRS 608.0116 is hereby amended to read as follows:

9-34 608.0116 "Professional" means pertaining to an employee who is

9-37 of NRS [.] and sections 2 to 21, inclusive, of this act.

9-38 Sec. 23. Section 9 of this act is hereby amended to read as follows:

9-39 Sec. 9. 1. An applicant for a license to operate a skydiving

9-40 business must:

9-41 (a) Be of good moral character;

9-42 (b) Be a citizen of the United States or be lawfully entitled to

9-43 reside and work in the United States;

10-1 (c) Submit a complete set of fingerprints and written permission

10-2 authorizing the department to forward the fingerprints to the central

10-3 repository for Nevada records of criminal history for submission to

10-4 the Federal Bureau of Investigation for its report;

10-5 (d) Submit an application on a form provided by the department

10-6 that includes:

10-7 (1) The name of the applicant;

10-8 (2) The name, address and telephone number of the skydiving

10-9 business;

10-10 (3) The name of the airport at which the skydiving business

10-11 will operate;

10-12 (4) The "N" numbers of the aircraft that the skydiving

10-13 business will use; and

10-14 (5) The names and Federal Aviation Administration certificate

10-15 numbers of the pilots who will pilot aircraft for the business;

10-16 (e) Submit a copy of a letter of permission or a land lease from a

10-17 property owner allowing skydivers from the skydiving business to

10-18 land on that property;

10-19 (f) Submit a certificate of insurance or bond that evidences

10-20 coverage of at least:

10-21 (1) Fifty thousand dollars for property damage and $300,000

10-22 for personal injury arising from an individual claim; or

10-23 (2) One million dollars for all personal injury and death

10-24 claims arising from a single incident;

10-25 (g) [Submit the statement required pursuant to section 11 of this

10-26 act;

10-27 (h)] Pay a fee of $1,000 to the department; and

10-28 [(i)] (h) Provide the department with a copy of the safety

10-29 handbook that:

10-30 (1) The operator will follow in conducting the operations of

10-31 the skydiving business; and

10-32 (2) Contains the safety standards set forth in subsection 2.

10-33 2. The safety handbook must contain safety standards that:

10-34 (a) Meet or exceed the basic safety requirements of the United

10-35 States Parachute Association and the relevant regulations of the

10-36 Federal Aviation Administration; and

10-37 (b) Require the operator to:

10-38 (1) Ensure that an automatic parachute opener with a

10-39 microprocessor is functioning, turned on and used on every jump;

10-40 (2) Ensure that each skydiver has a functioning altimeter that

10-41 is visible to him during every jump; and

10-42 (3) Require a person who is skydiving for the first time to

10-43 complete at least:

11-1 (I) Six hours of ground training, at least 3 hours of which

11-2 must concern the operation and rigging of a parachute and at least 3

11-3 hours of which must concern safety measures; and

11-4 (II) Two tandem jumps before allowing the person to jump

11-5 alone.

11-6 A person who has not jumped with that skydiving business before

11-7 shall be deemed to be skydiving for the first time unless the person

11-8 produces documented proof that he has previously skydived.

11-9 3. The department shall issue a license to an applicant if he

11-10 satisfies the requirements of this section.

11-11 4. A licensee shall, as needed, update any of the information

11-12 required pursuant to subsection 1.

11-13 Sec. 24. Section 13 of this act is hereby amended to read as follows:

11-14 Sec. 13. 1. A license to operate a skydiving business expires

11-15 on June 30 of each year and may be renewed if, before his license

11-16 expires, the licensee submits to the department:

11-17 (a) A copy of a letter of permission or a land lease from a

11-18 property owner allowing skydivers from the skydiving business to

11-19 land on that property;

11-20 (b) A certificate of insurance or bond that evidences coverage of

11-21 the amounts set forth in paragraph (f) of subsection 1 of section 9 of

11-22 this act; and

11-23 (c) A fee of $1,000 for the renewal of his license . [; and

11-24 (d) The statement required pursuant to section 11 of this act.]

11-25 2. A license that expires pursuant to the provisions of this

11-26 section may be restored if the applicant submits to the department:

11-27 (a) A copy of a letter of permission or a land lease from a

11-28 property owner allowing skydivers from the skydiving business to

11-29 land on that property;

11-30 (b) A certificate of insurance or bond that evidences coverage of

11-31 the amounts set forth in paragraph (f) of subsection 1 of section 9 of

11-32 this act;

11-33 (c) A fee of $1,000 for the reinstatement of his license; and

11-34 (d) A copy of the safety handbook as required pursuant to

11-35 section 9 of this act . [; and

11-36 (e) The statement required pursuant to section 11 of this act.]

11-37 Sec. 25. Notwithstanding the provisions of sections 2 to 21, inclusive,

11-38 of this act, an operator of a skydiving business is not required to possess a

11-39 license to operate the business pursuant to the provisions of this act before

11-40 September 1, 1999.

11-41 Sec. 26. The amendatory provisions of this act do not apply to

11-42 offenses that were committed before July 1, 1999.

12-1 Sec. 27. 1. This section and sections 1 to 22, inclusive, and 25 and

12-2 26 of this act become effective on July 1, 1999.

12-3 2. Sections 23 and 24 of this act become effective on the date on which

12-4 the provisions of 42 U.S.C. § 666 requiring each state to establish

12-5 procedures under which the state has authority to withhold or suspend, or to

12-6 restrict the use of professional, occupational and recreational licenses of

12-7 persons who:

12-8 (a) Have failed to comply with a subpoena or warrant relating to a

12-9 procedure to determine the paternity of a child or to establish or enforce an

12-10 obligation for the support of a child; or

12-11 (b) Are in arrears in the payment for the support of one or more

12-12 children,

12-13 are repealed by the Congress of the United States.

12-14 3. Sections 10, 11 and 12 of this act expire by limitation on the date on

12-15 which the provisions of 42 U.S.C. § 666 requiring each state to establish

12-16 procedures under which the state has authority to withhold or suspend, or to

12-17 restrict the use of professional, occupational and recreational licenses of

12-18 persons who:

12-19 (a) Have failed to comply with a subpoena or warrant relating to a

12-20 procedure to determine the paternity of a child or to establish or enforce an

12-21 obligation for the support of a child; or

12-22 (b) Are in arrears in the payment for the support of one or more

12-23 children,

12-24 are repealed by the Congress of the United States.