requires two-thirds majority vote (§ 24)
A.B. 410
Assembly Bill No. 410–Assemblyman Carpenter
March 16, 2001
____________
Referred to Committee on Natural Resources, Agriculture, and Mining
SUMMARY—Makes various changes relating to guides and outfitters. (BDR 54‑1190)
FISCAL NOTE: Effect on Local Government: Yes.
~
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).
AN ACT relating to professions; creating the outfitters and guides licensing board of Nevada; providing for licensure of outfitters and guides; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 37,
1-3 inclusive, of this act.
1-4 Sec. 2. 1. It is the policy of this state and the purpose of this
1-5 chapter to:
1-6 (a) Promote and encourage residents and nonresidents alike to
1-7 participate in the enjoyment and use of the deserts, mountains, rivers,
1-8 streams, lakes, reservoirs and other natural resources of this state, and
1-9 the fish and game therein, and to that end to regulate and license those
1-10 persons who undertake for compensation to provide equipment and
1-11 personal services to persons who participate in outdoor recreational
1-12 activities; and
1-13 (b) Safeguard the health, safety, welfare and freedom from injury or
1-14 danger of persons who engage in outdoor recreational activities by using
1-15 the services of commercial outfitters and guides in this state.
1-16 2. It is not the intent of this chapter to:
1-17 (a) Interfere in any way with the business of livestock operations;
1-18 (b) Prevent the owner of pack animals from allowing other persons to
1-19 use those animals if no consideration is exchanged for that use;
1-20 (c) Interfere in any way with the right of the general public to enjoy
1-21 the recreational value of the deserts, mountains, rivers, streams, lakes,
1-22 reservoirs and other natural resources of this state when the services of
1-23 commercial outfitters and guides are not used; or
2-1 (d) Interfere with the right of the United States to manage the public
2-2 lands under its control.
2-3 Sec. 3. As used in this chapter, unless the context otherwise
2-4 requires, the words and terms defined in sections 4 to 9, inclusive, of this
2-5 act have the meanings ascribed to them in those sections.
2-6 Sec. 4. “Board” means the outfitters and guides licensing board of
2-7 Nevada.
2-8 Sec. 5. “Guide” is any natural person who is employed by a licensed
2-9 outfitter to furnish personal services directly related to the conduct of
2-10 outdoor recreational activities for which the employing outfitter is
2-11 licensed.
2-12 Sec. 6. “License year” means the period beginning on June 1 and
2-13 ending on May 31 of the following year.
2-14 Sec. 7. “Licensee” means a person who is issued a license pursuant
2-15 to this chapter.
2-16 Sec. 8. “Outdoor recreational activities” include, without limitation:
2-17 1. Hunting animals, including, without limitation, birds;
2-18 2. Float or power boating on rivers and streams of this state;
2-19 3. Fishing on the lakes, reservoirs, rivers and streams of this state;
2-20 and
2-21 4. Hazardous desert or mountain excursions, including, without
2-22 limitation, excursions on horseback, rappelling and rafting.
2-23 Sec. 9. “Outfitter” means any person who:
2-24 1. Advertises or otherwise holds himself out to the public for hire for
2-25 engaging clients in outdoor recreational activities;
2-26 2. For compensation, provides facilities and services to clients
2-27 engaged in outdoor recreational activities; and
2-28 3. Maintains, leases, or otherwise uses equipment or
2-29 accommodations for engaging clients in outdoor recreational activities.
2-30 Sec. 10. This chapter does not apply to:
2-31 1. A person who, for accommodation and not for compensation or
2-32 gain or promise thereof, furnishes a pack or saddle horse, or other
2-33 equipment, to a hunter or a fisherman.
2-34 2. A person who merely supplies equipment to a person who engages
2-35 in an outdoor recreational activity without a guide.
2-36 3. Members of a nonprofit organization if:
2-37 (a) The organization is exempt from the payment of federal income
2-38 taxes under section 501(c)(3) of the Internal Revenue Code;
2-39 (b) The purpose of the organization is to provide outdoor experiences
2-40 to persons under the age of 21 years and to the leaders of the
2-41 organization; and
2-42 (c) Except as otherwise provided in this paragraph, the organization
2-43 provides outfitting and guiding services to its own bona fide members
2-44 without profit. If the members of the nonprofit organization provide
2-45 outfitting or guiding services to persons who are not its members and
2-46 leaders, the provisions of this chapter apply to that organization, its
2-47 members and leaders.
2-48 4. An employee of this state or the Federal Government who is
2-49 performing the duties of his employment.
3-1 Sec. 11. The outfitters and guides licensing board of Nevada,
3-2 consisting of four members appointed by the governor and one member
3-3 appointed by the board of wildlife commissioners, is hereby created.
3-4 Sec. 12. 1. The board of wildlife commissioners shall appoint one
3-5 member of the board from its members.
3-6 2. The governor shall appoint four members of the board as follows:
3-7 (a) Three members who are licensed outfitters or guides who have at
3-8 least 5 years of experience as an outfitter or guide in this state; and
3-9 (b) One member who is a game warden.
3-10 3. Each member of the board serves for a term of 3 years and is
3-11 entitled to receive compensation for each day the member is engaged in
3-12 the business of the board in an amount determined by the governor to be
3-13 reasonable for such service. The member representing the board of
3-14 wildlife commissioners must be paid by the board of wildlife
3-15 commissioners.
3-16 Sec. 13. 1. A member may be removed from the board by the
3-17 appointing authority for good cause.
3-18 2. If a member dies, resigns or is removed from office before the end
3-19 of his term or is otherwise unable to complete his term, the appointing
3-20 authority that appointed the member shall appoint a person to serve for
3-21 the remainder of the term of the member being replaced in the manner
3-22 required for appointing a member pursuant to section 12 of this act.
3-23 3. If a vacancy occurs in a position held by a person who is
3-24 appointed pursuant to paragraph (a) of subsection 2 of section 12 of this
3-25 act, a professional association of outfitters and guides in this state shall
3-26 submit to the governor the names of two persons who are qualified
3-27 pursuant to that paragraph. Within 30 days after receiving the names
3-28 pursuant to this subsection, the governor shall appoint a person from the
3-29 names received to fill the vacancy.
3-30 Sec. 14. 1. A majority of the members of the board constitutes a
3-31 quorum.
3-32 2. The board shall meet at least four times a year, and at least two
3-33 meetings must be held in Reno, Nevada.
3-34 Sec. 15. 1. The board shall appoint an executive director who
3-35 serves at the pleasure of the board.
3-36 2. The executive director shall perform duties prescribed by the
3-37 board.
3-38 3. The board may, in its discretion, refuse, sustain or reverse, by
3-39 majority vote, any action or decision of the executive director.
3-40 Sec. 16. The board shall:
3-41 1. Conduct examinations to determine the qualifications of
3-42 applicants for licenses issued pursuant to this chapter.
3-43 2. Issue licenses to qualified applicants, with such restrictions and
3-44 limitations thereon as the board may find reasonable.
3-45 3. Conduct hearings and proceedings to suspend, revoke or restrict
3-46 licenses issued pursuant to this chapter for due cause in the manner
3-47 provided in this chapter.
3-48 4. Enforce the provisions of this chapter.
4-1 5. Adopt regulations to carry out the provisions of this chapter,
4-2 including, without limitation, regulations which prescribe:
4-3 (a) Requirements for training, experience and knowledge of laws and
4-4 regulations for licensure pursuant to this chapter;
4-5 (b) The form and content of examinations to be given to applicants for
4-6 licenses pursuant to this chapter, whether oral, written or demonstrative,
4-7 or a combination thereof;
4-8 (c) The type and condition of equipment which must be used by a
4-9 licensee; and
4-10 (d) Standards and requirements for the operation of an outfitter and
4-11 conduct of a guide which are appropriate for:
4-12 (1) Protecting customers of an outfitter from injury or danger; and
4-13 (2) Conservation of wildlife and range resources.
4-14 6. Cooperate with the federal and state governments in matters of
4-15 mutual concern regarding outfitters or guides in this state.
4-16 Sec. 17. 1. The board, any member of the board, a panel of its
4-17 members or a hearing officer may issue subpoenas to compel the
4-18 attendance of witnesses and the production of books, papers, documents,
4-19 records of licensees, and any other articles related to this chapter.
4-20 2. If any witness refuses to attend or testify or produce any article as
4-21 required by a subpoena, the board may file a petition with the district
4-22 court stating that:
4-23 (a) Due notice has been given for the time and place of attendance of
4-24 the witness or the production of the required articles;
4-25 (b) The witness has been subpoenaed pursuant to this section; and
4-26 (c) The witness has failed or refused to attend or produce the articles
4-27 required by the subpoena or has refused to answer questions propounded
4-28 to him,
4-29 and asking for an order of the court compelling the witness to attend and
4-30 testify before the board, a panel of its members or a hearing officer, or
4-31 produce the articles as required by the subpoena.
4-32 3. Upon receipt of the petition, the court shall enter an order
4-33 directing the witness to appear before the court at a time and place to be
4-34 fixed by the court in its order, the time to be not more than 10 days after
4-35 the date of the order, and then and there show cause why he has not
4-36 attended or testified or produced the articles. A certified copy of the order
4-37 must be served upon the witness.
4-38 4. If it appears to the court that the subpoena was regularly issued,
4-39 the court shall enter an order that the witness appear before the board, a
4-40 member of the board, a panel of its members or a hearing officer, as
4-41 appropriate, at the time and place fixed in the order and testify or
4-42 produce the required articles, and upon failure to obey the order the
4-43 witness must be dealt with as for contempt of court.
4-44 Sec. 18. 1. The board may employ enforcement agents to conduct
4-45 investigations and enforce the provisions of this chapter.
4-46 2. All enforcement agents appointed by the board who are certified
4-47 by the peace officers’ standards and training commission shall have the
4-48 power of peace officers as provided in section 40 of this act.
5-1 Sec. 19. 1. By June 1 of each year:
5-2 (a) The board shall provide to the administrator of the division of
5-3 wildlife of the state department of conservation and natural resources, in
5-4 a manner and form prescribed by the executive director, the number of
5-5 each species of big game mammal taken by clients of licensed outfitters
5-6 during the immediately preceding license year and the area in which
5-7 each big game mammal was taken.
5-8 (b) Each licensed outfitter shall provide to the administrator of the
5-9 division of wildlife, in a manner and form prescribed by the executive
5-10 director, the number of each species of big game mammal taken by its
5-11 clients during the immediately preceding license year and the area in
5-12 which each big game mammal was taken.
5-13 2. As used in this section, “big game mammal” has the meaning
5-14 ascribed to it in NRS 501.005.
5-15 Sec. 20. 1. Each applicant for the issuance of a license pursuant to
5-16 this chapter must submit to the board an application for the issuance of a
5-17 license, as appropriate, on a form prescribed by the board.
5-18 2. All applications for the issuance of an outfitter license must:
5-19 (a) Include, without limitation:
5-20 (1) A list of the outdoor recreational activities for which the
5-21 outfitter desires to be licensed; and
5-22 (2) A description of the boundaries of the geographical area in
5-23 which the outfitter desires to engage clients in the outdoor recreational
5-24 activities;
5-25 (b) Be signed by the applicant, under oath or affirmation that all
5-26 information supplied by him is true and correct; and
5-27 (c) Be notarized by a notary public.
5-28 3. An application for an outfitter license submitted by a firm,
5-29 partnership, corporation or other organization must designate at least
5-30 one natural person conducting its business who meets the qualifications
5-31 and requirements for an outfitter license.
5-32 4. All applications for a guide license must:
5-33 (a) Include, without limitation, a statement signed by the outfitter by
5-34 whom the applicant will be employed stating that the outfitter will employ
5-35 the applicant as a guide; and
5-36 (b) Be signed by the applicant.
5-37 5. The board may investigate the background and qualifications of
5-38 an applicant as it deems appropriate.
5-39 Sec. 21. An application for licensure pursuant to this chapter must
5-40 include the social security number of the applicant.
5-41 Sec. 22. 1. An applicant for the issuance of a license issued
5-42 pursuant to this chapter shall submit to the board the statement
5-43 prescribed by the welfare division of the department of human resources
5-44 pursuant to NRS 425.520. The statement must be completed and signed
5-45 by the applicant.
5-46 2. The board shall include the statement required pursuant to
5-47 subsection 1 in:
5-48 (a) The application or any other forms that must be submitted for the
5-49 issuance of the license; or
6-1 (b) A separate form prescribed by the board.
6-2 3. A license may not be issued or renewed by the board if the
6-3 applicant:
6-4 (a) Fails to submit the statement required pursuant to subsection 1; or
6-5 (b) Indicates on the statement submitted pursuant to subsection 1 that
6-6 he is subject to a court order for the support of a child and is not in
6-7 compliance with the order or a plan approved by the district attorney or
6-8 other public agency enforcing the order for the repayment of the amount
6-9 owed pursuant to the order.
6-10 4. If an applicant indicates on the statement submitted pursuant to
6-11 subsection 1 that he is subject to a court order for the support of a child
6-12 and is not in compliance with the order or a plan approved by the district
6-13 attorney or other public agency enforcing the order for the repayment of
6-14 the amount owed pursuant to the order, the board shall advise the
6-15 applicant to contact the district attorney or other public agency enforcing
6-16 the order to determine the actions that the applicant may take to satisfy
6-17 the arrearage.
6-18 Sec. 23. 1. The board shall make a final decision on an application
6-19 submitted by an applicant who has held during the immediately
6-20 preceding license year a license of the same type for which the
6-21 application is made not later than:
6-22 (a) May 31 of the year in which the board receives all materials
6-23 required to be submitted to complete the application; or
6-24 (b) Thirty days after the date on which the board receives all materials
6-25 required to be submitted to complete the application,
6-26 whichever is later.
6-27 2. The board shall make a final decision on an application submitted
6-28 by an applicant who did not hold during the immediately preceding
6-29 license year a license of the same type for which the application is made
6-30 not later than:
6-31 (a) February 15 of the year in which the board receives all materials
6-32 required to be submitted to complete the application; or
6-33 (b) Ninety days after the date on which the board receives all
6-34 materials required to be submitted to complete the application,
6-35 whichever is later.
6-36 Sec. 24. 1. If an applicant has not been previously licensed by the
6-37 board, the applicant shall submit with his application an application fee
6-38 in an amount determined by the board pursuant to subsection 5.
6-39 2. If the board approves an application for licensure pursuant to this
6-40 chapter, before issuing the license, the board must receive from the
6-41 applicant a license fee in the amount of:
6-42 (a) For an outfitter license, $300; and
6-43 (b) For a guide license, $95.
6-44 3. The board shall charge a fee of $75 for every amendment to the
6-45 license of an outfitter other than an incidental amendment, as
6-46 determined by the board, and a fee of $10 for every incidental
6-47 amendment to the license of an outfitter and every amendment to the
6-48 license of a guide. The board shall adopt regulations that prescribe when
7-1 a license may be amended, the procedure for amending a license and
7-2 when an amendment to a license is incidental.
7-3 4. The license fees and fees for amending a license collected
7-4 pursuant to this section must be used for the investigation of applicants,
7-5 for the enforcement of this chapter and for the administrative costs of the
7-6 board.
7-7 5. Each year, the board shall establish a one-time application fee of
7-8 not more than $800 for an application for licensure as an outfitter or $10
7-9 for an application for licensure as a guide to be charged to each
7-10 applicant who has not been previously issued such a license by the board.
7-11 Application fees collected by the board must be used to pay for the cost of
7-12 investigating applicants. The board shall prescribe by regulation a policy
7-13 for refunding any unused application fees or portions thereof.
7-14 Sec. 25. 1. Before issuing a license to an applicant, the board shall
7-15 require that the applicant:
7-16 (a) File with the board a surety bond in a form acceptable to the board
7-17 executed by the applicant as principal with a corporation authorized to
7-18 transact surety business in this state as surety; or
7-19 (b) In lieu of such a bond, establish with the board a cash deposit as
7-20 provided in this section.
7-21 2. Before granting a license to an applicant, the board shall require
7-22 that the applicant file with the board satisfactory evidence that his surety
7-23 bond or cash deposit is in full force, unless the applicant has been
7-24 relieved of the requirement as provided in this section.
7-25 3. Failure of an applicant or licensee to file or maintain in full force
7-26 the required bond or to establish the required cash deposit constitutes
7-27 cause for the board to deny, revoke, suspend or refuse to renew a license.
7-28 4. The amount of each bond or cash deposit required by this section
7-29 must be fixed by the board with reference to the financial and
7-30 professional responsibility of the licensee or applicant and the magnitude
7-31 of operations of the licensee or applicant, but must be not less than
7-32 $1,000 or more than $10,000. The bond must be continuous in form and
7-33 must be conditioned that the total aggregate liability of the surety for all
7-34 claims is limited to the face amount of the bond irrespective of the
7-35 number of years the bond is in force. The board may increase or reduce
7-36 the amount of any bond or cash deposit if evidence supporting a change
7-37 in the amount is presented when the applicant applies for a license
7-38 pursuant to this chapter or at a hearing conducted pursuant to this
7-39 chapter. Unless released earlier pursuant to subsection 5, any cash
7-40 deposit may be withdrawn 2 years after termination of the license in
7-41 connection with which it was established, or 2 years after completion of
7-42 all work authorized by the board after termination of the license,
7-43 whichever occurs later, if there is no outstanding claim against the cash
7-44 deposit.
7-45 5. After a licensee has acted in the capacity of a licensed outfitter or
7-46 licensed guide in this state for not less than 5 consecutive years, the
7-47 board may relieve the licensee of the requirement of filing a bond or
7-48 establishing a cash deposit if evidence supporting the relief is presented
7-49 to the board. The board may at any time thereafter require the licensee to
8-1 file a new bond or establish a new cash deposit as provided in subsection
8-2 4. If a licensee is relieved of the requirement of establishing a cash
8-3 deposit, the cash deposit may be withdrawn 2 years after the relief is
8-4 granted, if there is no outstanding claim against the cash deposit.
8-5 Sec. 26. 1. Each bond or cash deposit required by section 25 of this
8-6 act must be in favor of the State of Nevada for the benefit of any person
8-7 who is injured by any unlawful act or omission of the outfitter or guide.
8-8 2. Any person claiming against the bond or cash deposit may bring
8-9 an action in a court of competent jurisdiction on the bond or against the
8-10 board on the cash deposit for the amount of damage he has suffered to
8-11 the extent covered by the bond or cash deposit. No action may be
8-12 commenced on the bond or cash deposit for 2 years after the commission
8-13 of the act on which the action is based. If an action is commenced on the
8-14 bond, the surety that executed the bond shall notify the board of the
8-15 action within 30 days after the date on which:
8-16 (a) The surety is served with a complaint and summons; or
8-17 (b) The action is commenced,
8-18 whichever occurs first.
8-19 3. Upon receiving a request from a person for whose benefit a bond
8-20 or cash deposit is required, the board shall notify him that:
8-21 (a) A bond is in effect or that a cash deposit has been made, and the
8-22 amount of either;
8-23 (b) There is an action against a bond, if that is the case, and the court,
8-24 the title and number of the action and the amount sought by the plaintiff;
8-25 and
8-26 (c) There is an action against the board, if that is the case, and the
8-27 amount sought by the plaintiff.
8-28 4. If a surety, or in the case of a cash deposit, the board, desires to
8-29 make payment without awaiting court action, the amount of the bond or
8-30 cash deposit must be reduced to the extent of any payment made by the
8-31 surety or the board in good faith under the bond or cash deposit. Any
8-32 payment must be based on written claims received by the surety or board
8-33 before the court action.
8-34 5. The surety or the board may bring an action for interpleader
8-35 against all claimants upon the bond or cash deposit. If an action for
8-36 interpleader is commenced, the surety or the board must serve each
8-37 known claimant and publish notice of the action at least once each week
8-38 for 2 weeks in a newspaper of general circulation in the county where the
8-39 outfitter has his principal place of business. The surety is entitled to
8-40 deduct its costs of the action, including publication, from its liability
8-41 under the bond. The board is entitled to deduct its costs of the action,
8-42 including attorney’s fees and publication, from the cash deposit.
8-43 6. Claims against a bond or cash deposit have equal priority, except
8-44 where otherwise provided by law, and if the bond or cash deposit is
8-45 insufficient to pay all those claims in full, they must be paid pro rata.
8-46 Partial payment of claims is not full payment, and the claimants may
8-47 bring actions against the licensee for the unpaid balances.
8-48 7. The board shall not claim against the bond or cash deposit
8-49 required pursuant to section 25 of this act for the payment of an
9-1 administrative fine imposed for a violation of the provisions of this
9-2 chapter.
9-3 Sec. 27. 1. The board shall not issue a license to an applicant if the
9-4 board determines that the applicant:
9-5 (a) Is incompetent or does not possess good moral character;
9-6 (b) Is less than 18 years of age; or
9-7 (c) Does not possess a working knowledge of the laws and regulations
9-8 of this state and of the Federal Government that relate to fish and game
9-9 or outfitters and guides.
9-10 2. The board shall not issue an outfitter license to any applicant who
9-11 the board determines does not have sufficient financial responsibility to
9-12 conduct adequately the business of an outfitter.
9-13 3. The board shall not issue a license to a firm, partnership,
9-14 corporation or other organization which does not have at least one
9-15 designated agent conducting its outfitting business who meets all the
9-16 qualifications and requirements of a licensed outfitter.
9-17 4. The board may refuse to grant a license to an applicant who the
9-18 board determines has committed an act or omission that constitutes
9-19 grounds for revocation or suspension of a license pursuant to this
9-20 chapter.
9-21 Sec. 28. 1. The board shall prescribe by regulation the form and
9-22 content of licenses issued pursuant to this chapter. The board may
9-23 prescribe by regulation limitations or qualifications placed upon a
9-24 license issued pursuant to this chapter. A limitation or qualification
9-25 placed upon a license must be clearly indicated on the face of the license
9-26 or as an attachment to the license and is part of the license.
9-27 2. An outfitter license issued by the board must specify:
9-28 (a) The outdoor recreational activities that may be conducted by the
9-29 outfitter pursuant to the license;
9-30 (b) The geographical limits of the area in which the outfitter is
9-31 authorized to operate; and
9-32 (c) The species of game, if any, which may be hunted pursuant to the
9-33 license.
9-34 3. When considering approving an outdoor recreational activity for a
9-35 license, the board shall consider the following matters, including,
9-36 without limitation:
9-37 (a) The length of time the applicant has operated in that area;
9-38 (b) The extent to which the applicant is qualified by reason of
9-39 experience, equipment or resources to operate in that area;
9-40 (c) The safety record of the applicant;
9-41 (d) The accessibility of the area, the particular terrain, and the
9-42 weather conditions normal to that area during the applicable season; and
9-43 (e) The total amount of geographical area requested by any applicant
9-44 for an outfitters license, giving due consideration to the effect which the
9-45 licensure of such an area would have upon the environment, the amount
9-46 of game which can be harvested and the number of persons that can be
9-47 adequately served in the area.
9-48 4. A license issued by the board is valid from the date issued until the
9-49 end of the license year in which the license is issued.
10-1 5. Only the person named on the license may conduct the activities
10-2 described in the license. A license may not be sold, assigned or otherwise
10-3 transferred.
10-4 6. The board may adjust the geographical limit of operations of the
10-5 outfitter described in his license if the board determines that good cause
10-6 exists for the adjustment. The board shall adopt regulations to carry out
10-7 the provisions of this subsection.
10-8 Sec. 29. A person engaged in the business, or acting in the capacity,
10-9 of an outfitter or a guide within this state shall not bring or maintain any
10-10 action in the courts of this state for the collection of compensation for the
10-11 performance of any services as an outfitter or a guide, without alleging
10-12 and proving that the person, partnership, or corporation was a licensed
10-13 outfitter or guide at the time the alleged cause of action arose.
10-14 Sec. 30. 1. If the board denies an application, the board shall
10-15 notify the applicant, in writing, of the reasons for the denial within 10
10-16 days after denying the application.
10-17 2. If an applicant who receives notice pursuant to subsection 1
10-18 corrects, to the satisfaction of the board, the reasons stated by the board
10-19 for the denial within 30 days after receiving notice of denial, and if,
10-20 thereafter, a majority of the board approve the correction, the board shall
10-21 issue a license to the applicant.
10-22 Sec. 31. 1. Except as otherwise provided in subsection 4, all
10-23 reasonable expenses incurred by the board in carrying out the provisions
10-24 of this chapter must be paid from the money that it receives. No part of
10-25 the salaries or expenses of the board may be paid out of the state general
10-26 fund.
10-27 2. Except as otherwise provided in this section, all money collected
10-28 by the board from the imposition of fines must be deposited with the state
10-29 treasurer for credit to the state general fund. All other money received by
10-30 the board must be deposited in qualified banks, credit unions or savings
10-31 and loan associations in this state and paid out on its order for its
10-32 expenses.
10-33 3. The board may delegate to a hearing officer or panel its authority
10-34 to take any disciplinary action pursuant to this chapter, impose and
10-35 collect fines therefor, and deposit the money therefrom in banks, credit
10-36 unions or savings and loan associations in this state.
10-37 4. If a hearing officer or panel is not authorized to take disciplinary
10-38 action pursuant to subsection 3 and the board deposits the money
10-39 collected from the imposition of fines with the state general fund, it may
10-40 present a claim to the state board of examiners for recommendation to
10-41 the interim finance committee if money is needed to pay attorney’s fees
10-42 or the costs of an investigation, or both.
10-43 Sec. 32. 1. The board may, upon its own motion, and shall, upon
10-44 the verified complaint in writing of any person setting forth facts which,
10-45 if proven, would constitute grounds for refusal, suspension or revocation
10-46 of a license pursuant to this chapter, investigate the actions of the
10-47 licensee. If, after an investigation, the board decides to proceed with
10-48 disciplinary action, the board may take action pursuant to this section.
11-1 2. A written notice of the hearing must be served on the respondent
11-2 not less than 30 days before the date of the hearing, either personally or
11-3 by mailing a copy thereof by registered or certified mail to the address of
11-4 the respondent last known to the board.
11-5 3. If, after having been served with the notice of hearing, the
11-6 respondent fails to appear at the hearing and defend, the board may
11-7 proceed to hear evidence against the respondent and may enter an order
11-8 as is justified by the evidence. The order is final unless the respondent
11-9 petitions for a review thereof. Within 30 days after the date of any order,
11-10 upon a showing of good cause for failing to appear and defend, the
11-11 board may reopen the proceedings and may allow the respondent to
11-12 submit evidence in his behalf.
11-13 4. At any hearing a respondent may be represented before the board
11-14 by counsel. The respondent is entitled, on application to the board, to the
11-15 issuance of subpoenas to compel the attendance of witnesses on his
11-16 behalf.
11-17 5. A hearing may be conducted by:
11-18 (a) The board, less any member or members who have been
11-19 disqualified, without the appointment of persons to hear the case in place
11-20 of the disqualified members; or
11-21 (b) A member of the board appointed by the board, with the remaining
11-22 members of the board, less any member or members who have been
11-23 disqualified, to review the record, make a final decision and issue the
11-24 order,
11-25 unless the board, after disqualifications, consists of less than three
11-26 members to hear or review the case, in which circumstance, the governor
11-27 must appoint one or more qualified persons so that the panel which
11-28 hears or reviews the case consists of at least three persons.
11-29 Sec. 33. 1. After giving notice and conducting a hearing, the board
11-30 may revoke, or may suspend for a period of not more than 1 year, any
11-31 license issued pursuant to this chapter for any one or a combination of
11-32 the following causes:
11-33 (a) For supplying false information or for failure to provide
11-34 information required to be furnished on the application for a license that
11-35 is currently in effect or for other fraud or deception in procuring a
11-36 license pursuant to the provisions of this chapter.
11-37 (b) For fraudulent, untruthful or misleading advertising.
11-38 (c) For conviction of a felony.
11-39 (d) For three or more forfeitures of any deposits of money or
11-40 collateral with a court or administrative agency or for a conviction for
11-41 violation of regulations of the United States Forest Service or the Bureau
11-42 of Land Management of the United States Department of the Interior.
11-43 (e) For unethical or unprofessional conduct as defined by regulations
11-44 of the board.
11-45 (f) For conviction of any violation of any state or federal law or
11-46 regulation relating to fish and game or outfitters and guides.
11-47 (g) For a substantial breach of any contract with any person using his
11-48 services.
11-49 (h) For willfully:
12-1 (1) Operating in a geographical area for which the licensee is not
12-2 licensed; or
12-3 (2) Engaging in any activity for which the licensee is not licensed.
12-4 (i) For the employment of an unlicensed guide by an outfitter.
12-5 (j) For the inhumane treatment of any animal used by the licensed
12-6 outfitter or guide in the conduct of his business, including, without
12-7 limitation, the failure to provide the animal with proper food, drink and
12-8 shelter.
12-9 (k) For failure by any firm, partnership, corporation or other
12-10 organization, or any combination thereof, licensed as an outfitter to have
12-11 at least one natural person conducting its outfitting business who meets
12-12 all the qualifications and requirements of a licensed outfitter.
12-13 (l) For failure of an outfitter to serve the public in any of the
12-14 following ways:
12-15 (1) By limiting its services to any individual, group, corporation or
12-16 club that limits its services to a membership; or
12-17 (2) By not offering services to the general public.
12-18 (m) For violation of or noncompliance with any applicable provision
12-19 of this chapter or any regulation of the board adopted pursuant to this
12-20 chapter.
12-21 2. In addition to any other penalties prescribed by this chapter, the
12-22 board may impose a civil penalty of not more than $5,000 for each
12-23 violation. The board may recover:
12-24 (a) Attorney’s fees and costs incurred with respect to a hearing held
12-25 pursuant to subsection 1 from a licensee if he is found in violation
12-26 thereof; and
12-27 (b) Attorney’s fees and costs incurred in the recovery of a civil penalty
12-28 imposed.
12-29 Sec. 34. 1. If the board receives a copy of a court order issued
12-30 pursuant to NRS 425.540 that provides for the suspension of all
12-31 professional, occupational and recreational licenses, certificates and
12-32 permits issued to a person who is the holder of a license granted
12-33 pursuant to this chapter, the board shall deem the license issued to that
12-34 person to be suspended at the end of the 30th day after the date on which
12-35 the court order was issued unless the board receives a letter issued to the
12-36 holder of the license by the district attorney or other public agency
12-37 pursuant to NRS 425.550 stating that the holder of the certificate,
12-38 registration, license or permit has complied with the subpoena or warrant
12-39 or has satisfied the arrearage pursuant to NRS 425.560.
12-40 2. The board shall reinstate a license issued pursuant to this chapter
12-41 that has been suspended by a district court pursuant to NRS 425.540 if
12-42 the board receives a letter issued by the district attorney or other public
12-43 agency pursuant to NRS 425.550 to the person whose license was
12-44 suspended stating that the person whose license was suspended has
12-45 complied with the subpoena or warrant or has satisfied the arrearage
12-46 pursuant to NRS 425.560.
12-47 Sec. 35. Any person aggrieved by any action of the board in denying
12-48 the issuance of or in the suspension or revocation of a license pursuant
12-49 to this chapter may appeal the decision to the board by filing a written
13-1 request for a hearing before the board within 21 days after the decision
13-2 of the board.
13-3 Sec. 36. 1. Except as otherwise provided in this subsection and
13-4 section 10 of this act, a person shall not act in the capacity of an outfitter
13-5 or guide unless the person is licensed as an outfitter or guide, as
13-6 appropriate, pursuant to this chapter. Any natural person holding a
13-7 current and valid outfitter license may act as a guide without a guide
13-8 license if he possesses the qualifications of a guide as determined by the
13-9 board.
13-10 2. A person licensed to operate as an outfitter shall only conduct his
13-11 outfitting operation within the geographical limit of the operations
13-12 described in his license.
13-13 3. Any person convicted for violating the provisions of this chapter is
13-14 guilty of a gross misdemeanor and may be punished by a fine of not less
13-15 than $100 nor more than $5,000, or by imprisonment in the county jail
13-16 for a term not to exceed 90 days, if other than a corporation, or by both
13-17 fine and imprisonment, in the discretion of the court.
13-18 Sec. 37. 1. The board or its designated agent may commence and
13-19 prosecute in district court a civil enforcement action against any person
13-20 who is alleged to have violated this chapter or any regulation adopted
13-21 pursuant to this chapter. The board is not required to initiate or
13-22 prosecute an administrative action before commencing and prosecuting a
13-23 civil action.
13-24 2. A civil proceeding may not be brought to recover for a violation of
13-25 this chapter or any regulation adopted pursuant to this chapter more
13-26 than 2 years after the board had knowledge of the violation.
13-27 3. Any person who is found to have violated any provision of this
13-28 chapter or any regulation adopted pursuant to this chapter must be
13-29 assessed the board’s costs, including the reasonable value of attorney’s
13-30 services, for preparing and litigating the case.
13-31 Sec. 38. NRS 218.825 is hereby amended to read as follows:
13-32 218.825 1. Each of the boards and commissions created by the
13-33 provisions of chapters [341C,] 623 to 625A, inclusive, 628 to 644,
13-34 inclusive, [and] 654 and 656 of NRS and sections 2 to 37, inclusive, of
13-35 this act shall engage the services of a certified public accountant or public
13-36 accountant, or firm of either of such accountants, to audit all its fiscal
13-37 records once each year for the preceding fiscal year or once every other
13-38 year for the 2 preceding fiscal years. The cost of the audit must be paid by
13-39 the board or commission audited.
13-40 2. A report of each such audit must be filed by the board or
13-41 commission with the legislative auditor and the director of the budget on or
13-42 before December 1 of each year in which an audit is conducted. All audits
13-43 must be conducted in accordance with generally accepted auditing
13-44 standards and all financial statements must be prepared in accordance with
13-45 generally accepted principles of accounting for special revenue funds.
13-46 3. The legislative auditor shall audit the fiscal records of any such
13-47 board or commission whenever directed to do so by the legislative
13-48 commission. When the legislative commission directs such an audit, it shall
13-49 also determine who is to pay the cost of the audit.
14-1 Sec. 39. NRS 284.013 is hereby amended to read as follows:
14-2 284.013 1. Except as otherwise provided in subsection 4, this chapter
14-3 does not apply to:
14-4 (a) Agencies, bureaus, commissions, officers or personnel in the
14-5 legislative department or the judicial department of state government,
14-6 including the commission on judicial discipline;
14-7 (b) Any person who is employed by a board, commission, committee or
14-8 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,
14-9 inclusive, 648, 652, 654 and 656 of NRS[;] and sections 2 to 37, inclusive
14-10 of this act; or
14-11 (c) Officers or employees of any agency of the executive department of
14-12 the state government who are exempted by specific statute.
14-13 2. Except as otherwise provided in subsection 3, the terms and
14-14 conditions of employment of all persons referred to in subsection 1,
14-15 including salaries not prescribed by law and leaves of absence, including,
14-16 without limitation, annual leave and sick and disability leave, must be fixed
14-17 by the appointing or employing authority within the limits of legislative
14-18 appropriations or authorizations.
14-19 3. Except as otherwise provided in this subsection, leaves of absence
14-20 prescribed pursuant to subsection 2 must not be of lesser duration than
14-21 those provided for other state officers and employees pursuant to the
14-22 provisions of this chapter. The provisions of this subsection do not govern
14-23 the legislative commission with respect to the personnel of the legislative
14-24 counsel bureau.
14-25 4. Any board, commission, committee or council created in chapters
14-26 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and
14-27 656 of NRS and sections 2 to 37, inclusive, of this act which contracts for
14-28 the services of a person, shall require the contract for those services to be
14-29 in writing. The contract must be approved by the state board of examiners
14-30 before those services may be provided.
14-31 Sec. 40. Chapter 289 of NRS is hereby amended by adding thereto a
14-32 new section to read as follows:
14-33 1. A person employed as an enforcement officer for the outfitters and
14-34 guides licensing board of Nevada pursuant to subsection 2 of section 18
14-35 of this act is a peace officer for the purposes of:
14-36 (a) Enforcement of the provisions of sections 2 to 37, inclusive, of this
14-37 act and any regulations adopted pursuant thereto.
14-38 (b) Responding to express requests from other law enforcement
14-39 agencies for aid and assistance in enforcing other laws.
14-40 2. For purposes of this section, a request from a law enforcement
14-41 agency means only a request relating to a particular violation or
14-42 suspicion of a violation of law and does not constitute a continuous
14-43 request for assistance outside the purview of enforcement of the
14-44 provisions of sections 2 to 37, inclusive, of this act.
14-45 Sec. 41. NRS 289.010 is hereby amended to read as follows:
14-46 289.010 As used in this chapter, unless the context otherwise requires:
14-47 1. “Choke hold” means the holding of a person’s neck in a manner
14-48 specifically intended to restrict the flow of oxygen or blood to the person’s
15-1 lungs or brain. The term includes the arm-bar restraint, carotid restraint and
15-2 lateral vascular neck restraint.
15-3 2. “Peace officer” means any person upon whom some or all of the
15-4 powers of a peace officer are conferred pursuant to NRS 289.150 to
15-5 289.360, inclusive[.] , and sections 2 to 37, inclusive, of this act.
15-6 3. “Punitive action” means any action which may lead to dismissal,
15-7 demotion, suspension, reduction in salary, written reprimand or transfer of
15-8 a peace officer for purposes of punishment.
15-9 Sec. 42. NRS 502.148 is hereby amended to read as follows:
15-10 502.148 1. Except as otherwise provided in this subsection, any
15-11 person who wishes to apply for a restricted nonresident deer tag pursuant to
15-12 NRS 502.147 must complete an application on a form prescribed and
15-13 furnished by the division. A licensed master guide may complete the
15-14 application for an applicant. The application must be signed by the
15-15 applicant and the master guide who will be responsible for conducting the
15-16 restricted nonresident deer hunt.
15-17 2. The application must be accompanied by a fee for the tag of $300,
15-18 plus any other fees which the division may require. The commission shall
15-19 establish the time limits and acceptable methods for submitting such
15-20 applications to the division.
15-21 3. Any application for a restricted nonresident deer tag which contains
15-22 an error or omission must be rejected and the fee for the tag returned to the
15-23 applicant.
15-24 4. A person who is issued a restricted nonresident deer tag is not
15-25 eligible to apply for any other deer tag issued in this state for the same
15-26 hunting season as that restricted nonresident deer hunt.
15-27 5. [All] Fifty percent of the fees collected pursuant to this section
15-28 must be deposited with the state treasurer for credit to the wildlife account
15-29 in the state general fund[.] and fifty percent of the fees collected pursuant
15-30 to this section must be distributed to the outfitters and guides licensing
15-31 board of Nevada for use in the manner as other money received by that
15-32 board pursuant to sections 2 to 37, inclusive, of this act.
15-33 Sec. 43. NRS 608.0116 is hereby amended to read as follows:
15-34 608.0116 “Professional” means pertaining to an employee who is
15-35 licensed or certified by the State of Nevada for and engaged in the practice
15-36 of law or any of the professions regulated by chapters 623 to 645,
15-37 inclusive, of NRS[.] and sections 2 to 37, inclusive, of this act.
15-38 Sec. 44. 1. Notwithstanding the provisions of sections 2 to 37,
15-39 inclusive, of this act, a person who acts as a guide or an outfitter is not
15-40 required to be licensed as a guide or an outfitter pursuant to the provisions
15-41 of this act before July 1, 2003.
15-42 2. As used in this section:
15-43 (a) “Guide” has the meaning ascribed to it in section 5 of this act.
15-44 (b) “Outfitter” has the meaning ascribed to it in section 9 of this act.
15-45 Sec. 45. Notwithstanding the provisions of section 13 of this act, the
15-46 initial members appointed to the board pursuant to paragraph (a) of
15-47 subsection 2 must be persons who the governor determines to be qualified
15-48 to serve as such members and who have at least 5 years of experience as an
15-49 outfitter or guide in this state.
16-1 Sec. 46. The amendatory provisions of this act do not apply to
16-2 offenses committed before the effective date of this act.
16-3 Sec. 47. 1. This act becomes effective upon passage and approval.
16-4 2. Sections 21, 22 and 34 of this act expire by limitation on the date on
16-5 which the provisions of 42 U.S.C. § 666 requiring each state to establish
16-6 procedures under which the state has authority to withhold or suspend, or
16-7 to restrict the use of professional, occupational and recreational licenses of
16-8 persons who:
16-9 (a) Have failed to comply with a subpoena or warrant relating to a
16-10 proceeding to determine the paternity of a child or to establish or enforce
16-11 an obligation for the support of a child; or
16-12 (b) Are in arrears in the payment for the support of one or more
16-13 children,
16-14 are repealed by the Congress of the United States.
16-15 H