(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT A.B. 444
Assembly Bill No. 444–Assemblywoman Freeman
March 19, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes regarding preservation of neighborhoods. (BDR 40‑906)
FISCAL NOTE: Effect on Local Government: No.
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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 the preservation of neighborhoods; providing for the revocation of the license or certification of certain facilities for the care and treatment of persons in certain circumstances; requiring certain rental agreements to contain certain additional information; requiring that the responsible person whose telephone number a landlord is required to provide to a tenant for emergencies must reside in the same county in which the premises are located; authorizing the real estate commission to discipline certain licensees in certain circumstances; requiring certain governmental agencies to maintain a log of certain complaints and to submit certain reports to the director of the legislative counsel bureau; 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. NRS 449.160 is hereby amended to read as follows:
1-2 449.160 1. The health division may deny an application for a license
1-3 or may suspend or revoke any license issued under the provisions of NRS
1-4 449.001 to 449.240, inclusive, upon any of the following grounds:
1-5 [1.] (a) Violation by the applicant or the licensee of any of the
1-6 provisions of NRS 439B.410[,] or 449.001 to 449.245, inclusive, or of any
1-7 other law of this state or of the standards, rules and regulations adopted
1-8 thereunder.
1-9 [2.] (b) Aiding, abetting or permitting the commission of any illegal
1-10 act.
1-11 [3.] (c) Conduct inimical to the public health, morals, welfare and
1-12 safety of the people of the State of Nevada in the maintenance and
1-13 operation of the premises for which a license is issued.
1-14 [4.] (d) Conduct or practice detrimental to the health or safety of the
1-15 occupants or employees of the facility.
2-1 [5.] (e) Failure of the applicant to obtain any written approval required
2-2 by NRS 439A.100 or an ordinance adopted pursuant to section 1 of Senate
2-3 Bill No. 328 of this [act] session or as provided in any regulation adopted
2-4 pursuant to this chapter, if such approval is required.
2-5 2. In addition to the provisions of subsection 1, the health division
2-6 may revoke a license to operate a facility for the dependent if, with
2-7 respect to that facility, the licensee that operates the facility, or an agent
2-8 or employee of the licensee:
2-9 (a) Is convicted of violating any of the provisions of NRS 202.470;
2-10 (b) Is ordered to but fails to abate a nuisance pursuant to NRS
2-11 244.360, 244.3603 or 268.4124; or
2-12 (c) Is ordered by the appropriate governmental agency to correct a
2-13 violation of a building, safety or health code or regulation but fails to
2-14 correct the violation.
2-15 3. The health division shall maintain a log of any complaints that it
2-16 receives relating to activities for which the health division may revoke the
2-17 license to operate a facility for the dependent pursuant to subsection 2.
2-18 4. On or before February 1 of each odd-numbered year, the health
2-19 division shall submit to the director of the legislative counsel bureau a
2-20 written report setting forth, for the previous biennium:
2-21 (a) Any complaints included in the log maintained by the health
2-22 division pursuant to subsection 3; and
2-23 (b) Any disciplinary actions taken by the health division pursuant to
2-24 subsection 2.
2-25 Sec. 2. NRS 458.155 is hereby amended to read as follows:
2-26 458.155 1. If a halfway house for alcohol and drug abusers violates
2-27 any provisions related to its certification, including, without limitation, any
2-28 law of this state or any applicable condition, standard or regulation adopted
2-29 by the board, the health division may:
2-30 (a) Suspend or revoke its certification; and
2-31 (b) Impose an administrative fine of not more than $1,000 per day for
2-32 each violation, together with interest thereon at a rate not to exceed 10
2-33 percent per annum.
2-34 2. In addition to the provisions of subsection 1, the health division
2-35 may revoke the certification of a halfway house for alcohol and drug
2-36 abusers if, with respect to that halfway house, the person or
2-37 governmental entity that operates and maintains the halfway house, or
2-38 an agent or employee of the person or governmental entity:
2-39 (a) Is convicted of violating any of the provisions of NRS 202.470;
2-40 (b) Is ordered to but fails to abate a nuisance pursuant to NRS
2-41 244.360, 244.3603 or 268.4124; or
2-42 (c) Is ordered by the appropriate governmental agency to correct a
2-43 violation of a building, safety or health code or regulation but fails to
2-44 correct the violation.
2-45 3. If a halfway house for alcohol and drug abusers fails to pay an
2-46 administrative fine imposed pursuant to subsection 1, the health division
2-47 may:
2-48 (a) Suspend the certificate of the halfway house until the administrative
2-49 fine is paid; and
3-1 (b) Collect court costs, reasonable attorney’s fees and other costs
3-2 incurred to collect the administrative fine.
3-3 [3.] 4. Any money collected as an administrative fine must be
3-4 deposited in the state general fund. If money is needed to pay the costs of
3-5 an investigation or inspection to carry out the provisions of NRS 458.141
3-6 to 458.171, inclusive, the health division may present a claim to the state
3-7 board of examiners for recommendation to the interim finance committee.
3-8 5. The health division shall maintain a log of any complaints that it
3-9 receives relating to activities for which the health division may revoke the
3-10 certification of a halfway house for alcohol and drug abusers pursuant to
3-11 subsection 2.
3-12 6. On or before February 1 of each odd-numbered year, the health
3-13 division shall submit to the director of the legislative counsel bureau a
3-14 written report setting forth, for the previous biennium:
3-15 (a) Any complaints included in the log maintained by the health
3-16 division pursuant to subsection 5; and
3-17 (b) Any disciplinary actions taken by the health division pursuant to
3-18 subsection 2.
3-19 Sec. 3. NRS 118A.200 is hereby amended to read as follows:
3-20 118A.200 1. Any written agreement for the use and occupancy of a
3-21 dwelling unit or premises [shall] must be signed by the landlord or his
3-22 agent and the tenant or his agent.
3-23 2. Any written rental agreement [shall] must contain , but is not
3-24 limited to , provisions relating to the following subjects:
3-25 (a) Duration of the agreement.
3-26 (b) Amount of rent and the manner and time of its payment.
3-27 (c) Occupancy by children or pets.
3-28 (d) Services included with the dwelling rental.
3-29 (e) Fees which are required and the purposes for which they are
3-30 required.
3-31 (f) Deposits which are required and the conditions for their refund.
3-32 (g) Charges which may be required for late or partial payment of rent or
3-33 for return of any dishonored check.
3-34 (h) Inspection rights of the landlord.
3-35 (i) A listing of persons or numbers of persons who are to occupy the
3-36 dwelling.
3-37 (j) Respective responsibilities of the landlord and the tenant as to the
3-38 payment of utility charges.
3-39 (k) A signed record of the inventory and condition of the premises
3-40 under the exclusive custody and control of the tenant.
3-41 (l) A summary of the provisions of NRS 202.470.
3-42 (m) Information regarding the procedure pursuant to which a tenant
3-43 may report to the appropriate authorities:
3-44 (1) A nuisance.
3-45 (2) A violation of a building, safety or health code or regulation.
3-46 3. The absence of a written agreement raises a disputable presumption
3-47 that:
3-48 (a) There are no restrictions on occupancy by children or pets.
4-1 (b) Maintenance and waste removal services are provided without
4-2 charge to the tenant.
4-3 (c) No charges for partial or late payments of rent or for dishonored
4-4 checks are paid by the tenant.
4-5 (d) Other than normal wear, the premises will be returned in the same
4-6 condition as when the tenancy began.
4-7 4. It is unlawful for a landlord or any person authorized to enter into a
4-8 rental agreement on his behalf to use any written agreement which does not
4-9 conform to the provisions of this section , and any provision in an
4-10 agreement which contravenes the provisions of this section is void.
4-11 Sec. 4. NRS 118A.260 is hereby amended to read as follows:
4-12 118A.260 1. The landlord, or any person authorized to enter into a
4-13 rental agreement on his behalf, shall disclose to the tenant in writing at or
4-14 before the commencement of the tenancy:
4-15 (a) The name and address of:
4-16 (1) The persons authorized to manage the premises;
4-17 (2) A person authorized to act for and on behalf of the landlord for
4-18 the purpose of service of process and receiving notices and demands; and
4-19 (3) The principal or corporate owner.
4-20 (b) A telephone number at which a responsible person who resides in
4-21 the county in which the premises are located may be called in case of
4-22 emergency.
4-23 2. The information required to be furnished by this section must be
4-24 kept current , and this section is enforceable against any successor landlord
4-25 or manager of the premises.
4-26 3. A party who enters into a rental agreement on behalf of the landlord
4-27 and fails to comply with this section is an agent of the landlord for
4-28 purposes of:
4-29 (a) Service of process and receiving notices and demands; and
4-30 (b) Performing the obligations of the landlord under law and under the
4-31 rental agreement.
4-32 4. In any action against a landlord which involves his rental property,
4-33 service of process upon the manager of the property shall be deemed to be
4-34 service upon the landlord. The obligations of the landlord devolve upon the
4-35 persons authorized to enter into a rental agreement on his behalf.
4-36 5. This section does not limit or remove the liability of an undisclosed
4-37 landlord.
4-38 Sec. 5. NRS 118B.040 is hereby amended to read as follows:
4-39 118B.040 1. A rental agreement or lease between a landlord and
4-40 tenant to rent or lease any mobile home lot must be in writing. The
4-41 landlord shall give the tenant a copy of the agreement or lease at the time
4-42 the tenant signs it.
4-43 2. A rental agreement or lease must contain , but is not limited to ,
4-44 provisions relating to:
4-45 (a) The duration of the agreement.
4-46 (b) The amount of rent, the manner and time of its payment and the
4-47 amount of any charges for late payment and dishonored checks.
4-48 (c) Restrictions on occupancy by children or pets.
5-1 (d) Services and utilities included with the rental of a lot and the
5-2 responsibility of maintaining or paying for them, including the charge, if
5-3 any, for cleaning the lots.
5-4 (e) Deposits which may be required and the conditions for their refund.
5-5 (f) Maintenance which the tenant is required to perform and any
5-6 appurtenances he is required to provide.
5-7 (g) The name and address of the owner of the mobile home park and his
5-8 authorized agent.
5-9 (h) Any restrictions on subletting.
5-10 (i) Any recreational facilities and other amenities provided to the tenant
5-11 and any deposits or fees required for their use.
5-12 (j) Any restriction of the park to older persons pursuant to federal law.
5-13 (k) The dimensions of the mobile home lot of the tenant.
5-14 (l) A summary of the provisions of NRS 202.470.
5-15 (m) Information regarding the procedure pursuant to which a tenant
5-16 may report to the appropriate authorities:
5-17 (1) A nuisance.
5-18 (2) A violation of a building, safety or health code or regulation.
5-19 (n) The amount to be charged each month to the tenant to reimburse the
5-20 landlord for the cost of a capital improvement to the mobile home park.
5-21 Such an amount must be stated separately and include the length of time
5-22 the charge will be collected and the total amount to be recovered by the
5-23 landlord from all tenants in the mobile home park.
5-24 Sec. 6. NRS 432A.190 is hereby amended to read as follows:
5-25 432A.190 1. The bureau may deny an application for a license or
5-26 may suspend or revoke any license issued under the provisions of this
5-27 chapter upon any of the following grounds:
5-28 [1.] (a) Violation by the applicant or licensee or an employee of the
5-29 applicant or licensee of any of the provisions of this chapter or of any other
5-30 law of this state or of the standards and other regulations adopted
5-31 thereunder.
5-32 [2.] (b) Aiding, abetting or permitting the commission of any illegal
5-33 act.
5-34 [3.] (c) Conduct inimical to the public health, morals, welfare and
5-35 safety of the people of the State of Nevada in the maintenance and
5-36 operation of the child care facility for which a license is issued.
5-37 [4.] (d) Conduct or practice detrimental to the health or safety of the
5-38 occupants or employees of the child care facility, or the clients of the
5-39 outdoor youth program.
5-40 [5.] (e) Conviction of any crime listed in subsection 2 of NRS
5-41 432A.170 committed by the applicant or licensee or an employee of the
5-42 applicant or licensee, or by a resident of the child care facility or
5-43 participant in the outdoor youth program who is 18 years of age or older.
5-44 2. In addition to the provisions of subsection 1, the bureau may
5-45 revoke a license to operate a child care facility if, with respect to that
5-46 facility, the licensee that operates the facility, or an agent or employee of
5-47 the licensee:
5-48 (a) Is convicted of violating any of the provisions of NRS 202.470;
6-1 (b) Is ordered to but fails to abate a nuisance pursuant to NRS
6-2 244.360, 244.3603 or 268.4124; or
6-3 (c) Is ordered by the appropriate governmental agency to correct a
6-4 violation of a building, safety or health code or regulation but fails to
6-5 correct the violation.
6-6 3. The bureau shall maintain a log of any complaints that it receives
6-7 relating to activities for which the bureau may revoke the license to
6-8 operate a child care facility pursuant to subsection 2.
6-9 4. On or before February 1 of each odd-numbered year, the bureau
6-10 shall submit to the director of the legislative counsel bureau a written
6-11 report setting forth, for the previous biennium:
6-12 (a) Any complaints included in the log maintained by the bureau
6-13 pursuant to subsection 3; and
6-14 (b) Any disciplinary actions taken by the bureau pursuant to
6-15 subsection 2.
6-16 Sec. 7. NRS 645.633 is hereby amended to read as follows:
6-17 645.633 1. The commission may take action pursuant to NRS
6-18 645.630 against any person subject to that section who is guilty of:
6-19 [1.] (a) Willfully using any trade name, service mark or insigne of
6-20 membership in any real estate organization of which the licensee is not a
6-21 member, without the legal right to do so.
6-22 [2.] (b) Violating any order of the commission, any agreement with the
6-23 division, any of the provisions of this chapter, chapter 116, 119, 119A,
6-24 119B, 645A or 645C of NRS or any regulation adopted thereunder.
6-25 [3.] (c) Paying a commission, compensation or a finder’s fee to any
6-26 person for performing the services of a broker, broker-salesman or
6-27 salesman who has not secured his license pursuant to this chapter. This
6-28 subsection does not apply to payments to a broker who is licensed in his
6-29 state of residence.
6-30 [4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill
6-31 or nolo contendere to a charge of felony or any crime involving fraud,
6-32 deceit, misrepresentation or moral turpitude.
6-33 [5.] (e) Guaranteeing, or having authorized or permitted any person to
6-34 guarantee, future profits which may result from the resale of real property.
6-35 [6.] (f) Failure to include a fixed date of expiration in any written
6-36 brokerage agreement or to leave a copy of the brokerage agreement with
6-37 the client.
6-38 [7.] (g) Accepting, giving or charging any undisclosed commission,
6-39 rebate or direct profit on expenditures made for a client.
6-40 [8.] (h) Gross negligence or incompetence in performing any act for
6-41 which he is required to hold a license pursuant to this chapter, chapter 119,
6-42 119A or 119B of NRS.
6-43 [9.] (i) Any other conduct which constitutes deceitful, fraudulent or
6-44 dishonest dealing.
6-45 [10.] (j) Any conduct which took place before he became licensed,
6-46 which was in fact unknown to the division and which would have been
6-47 grounds for denial of a license had the division been aware of the conduct.
7-1 [11.] (k) Knowingly permitting any person whose license has been
7-2 revoked or suspended to act as a real estate broker, broker-salesman or
7-3 salesman, with or on behalf of the licensee.
7-4 [12.] (l) Recording or causing to be recorded a claim pursuant to the
7-5 provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a
7-6 district court to be frivolous and made without reasonable cause pursuant
7-7 to NRS 645.8791.
7-8 2. [Action may also be taken] The commission may take action
7-9 pursuant to NRS 645.630 against a person who is subject to that section for
7-10 the suspension or revocation of a real estate broker’s, broker-salesman’s or
7-11 salesman’s license issued to him by any other jurisdiction.
7-12 3. The commission may take action pursuant to NRS 645.630 against
7-13 any person who:
7-14 (a) Holds a permit to engage in property management issued pursuant
7-15 to NRS 645.6052; and
7-16 (b) In connection with any property for which the person has obtained
7-17 a written brokerage agreement to manage the property pursuant to NRS
7-18 645.6056:
7-19 (1) Is convicted of violating any of the provisions of NRS 202.470;
7-20 (2) Has been notified in writing by the appropriate governmental
7-21 agency of a potential violation of NRS 244.360, 244.3603 or 268.4124,
7-22 and has failed to inform the owner of the property of such notification;
7-23 or
7-24 (3) Has been directed in writing by the owner of the property to
7-25 correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and
7-26 has failed to correct the potential violation, if such corrective action is
7-27 within the scope of the person’s duties pursuant to the written brokerage
7-28 agreement.
7-29 4. The commission shall maintain a log of any complaints that it
7-30 receives relating to activities for which the commission may take action
7-31 against a person holding a permit to engage in property management
7-32 pursuant to subsection 3.
7-33 5. On or before February 1 of each odd-numbered year, the
7-34 commission shall submit to the director of the legislative counsel bureau
7-35 a written report setting forth, for the previous biennium:
7-36 (a) Any complaints included in the log maintained by the commission
7-37 pursuant to subsection 4; and
7-38 (b) Any disciplinary actions taken by the commission pursuant to
7-39 subsection 3.
7-40 Sec. 8. 1. This section and sections 2 to 7, inclusive, of this act
7-41 become effective on July 1, 2001.
7-42 2. Section 1 of this act becomes effective at 12:01 a.m. on
7-43 July 1, 2001.
7-44 H