Link to Page 882

 

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ê2001 Statutes of Nevada, Page 883 (Chapter 177, SB 123)ê

 

    5.  Except as otherwise provided in subsection 6, if general obligation debt is to be incurred more than 36 months after the approval of that debt by the commission, the governing body of the municipality shall obtain the approval of the executive director of the department of taxation before incurring the general obligation debt. The executive director shall approve the proposal if, based on the information set forth in paragraph (b) of subsection 4 that is accurate as of the date on which the governing body submits its request for approval to the executive director:

    (a) Incurrence of the general obligation debt will not result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453; or

    (b) The proposal includes an agreement approved by the governing bodies of all affected municipalities within the area as to how the combined tax rates will be brought into compliance with the statutory limitation.

The approval of the executive director is effective for 18 months. The governing body of the municipality may renew that approval for successive periods of 18 months by filing an application for renewal with the executive director. Such an application must be accompanied by the information set forth in paragraph (b) of subsection 4 that is accurate as of the date the governing body files the application for renewal.

    6.  The executive director of the department of taxation may not approve a proposal pursuant to subsection 5 which, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:

    (a) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of this act from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or

    (b) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of this act.

    7.  If the executive director does not approve a proposal submitted to him pursuant to subsection 5, the governing body of the municipality may appeal his decision to the Nevada tax commission.

    8.  As used in this section, “affected governmental entity” has the meaning ascribed to it in subsection 9 of section 3 of this act.

    Sec. 7.  NRS 350.005 is hereby amended to read as follows:

    350.005  1.  The governing body of the municipality proposing to incur general obligation debt or levy a special elective tax and the board of trustees of a general improvement district whose population within its boundaries is less than 5,000, who proposes to borrow money and issue any securities other than securities representing a general obligation debt, shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall, within 10 days, give notice of a meeting, in the manner required by chapter 241 of NRS, to be held not more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting, and mail notice of the meeting to the chief financial officer of each municipality in the county which has complied with subsection 1 of NRS 350.0035 within the past year.


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ê2001 Statutes of Nevada, Page 884 (Chapter 177, SB 123)ê

 

    2.  The commission may grant a conditional or provisional approval of such proposal. Such conditions or provisions are limited to the scheduling of:

    (a) The issuance and retirement of securities, if the proposal is to incur general obligation debt; or

    (b) The imposition of the tax, if the proposal is to levy a special elective tax.

    3.  If the proposal is from a municipality, the commission may not approve any portion of the proposal that is not included in the statement filed pursuant to paragraph (b) of subsection 1 of NRS 350.0035, as updated pursuant to subsection 3 or 4 of NRS 350.0035.

    4.  The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal must be sent to the governing body within 3 days after the meeting.

    Sec. 8.  NRS 350.0051 is hereby amended to read as follows:

    350.0051  1.  In determining whether to approve , conditionally or provisionally approve, or disapprove a proposal to incur debt or to levy a special elective tax, the commission shall not, except as otherwise provided in paragraph (d) [,] and section 3 of this act, initiate a determination as to whether the proposed debt or special elective tax is sought to accomplish a public purpose or to satisfy a public need. The commission shall consider, but is not limited to, the following criteria:

    (a) If the proposal is to incur debt, the amount of debt outstanding on the part of the municipality proposing to incur the debt.

    (b) The effect of the tax levy required for debt service on the proposed debt, or of the proposed levy of a special elective tax, upon the ability of the municipality proposing to incur the general obligation debt or levy the special elective tax and of other municipalities to raise revenue for operating purposes.

    (c) The anticipated need for other incurrences of debt or levies of special elective taxes by the municipality proposing to incur the debt or levy the special elective tax and other municipalities whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.

    (d) If the information set forth in paragraph (b) of subsection 4 of NRS 350.004 indicates that the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds [90 percent] the specified percentage, pursuant to subsection 1 of section 2 of this act, of the limit provided in NRS 361.453:

         (1) The public need to be served by the proceeds from the proposed debt or tax levy [;] in accordance with the priorities established pursuant to subsection 2 of section 2 of this act; and

         (2) A comparison of that public need and other public needs that appear on the statements of current and contemplated general obligation debt and special elective taxes submitted pursuant to [paragraph] paragraphs (a) and (b) of subsection 1 of NRS 350.0035 that may affect the combined property tax rate in any of the overlapping entities within the county.

    2.  If the commission approves the proposal, the amount received from the sale of the general obligation debt or from the special elective tax may be expended only for the purposes described in the proposal.

    Sec. 9.  1.  The amendatory provisions of this act do not apply to any general obligation debt or special elective tax approved by a debt management commission created pursuant to NRS 350.002 on or before the effective date of this act.


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ê2001 Statutes of Nevada, Page 885 (Chapter 177, SB 123)ê

 

management commission created pursuant to NRS 350.002 on or before the effective date of this act.

    2.  As used in this section, the terms “general obligation debt” and “special elective tax” have the meanings ascribed to them in NRS 350.001.

    Sec. 10.  This act becomes effective upon passage and approval.

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CHAPTER 178, SB 200

Senate Bill No. 200–Committee on Government Affairs

 

CHAPTER 178

 

AN ACT relating to local governmental financial administration; expanding the purposes for which a city may pledge and use the proceeds of the tax imposed on the revenues from the rental of transient lodging; clarifying the manner in which the City of Reno may invest money realized from the sale of bonds and use the interest received from such investments; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 268.095 is hereby amended to read as follows:

    268.095  1.  The city council or other governing body of each incorporated city in this state, whether organized under general law or special charter, may:

    (a) Except as otherwise provided in NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

    (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

         (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

         (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

         (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

         (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

         (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

         (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

    (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the [City Bond Law, NRS 268.672 to 268.740, inclusive.] laws of this state.

    (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:


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ê2001 Statutes of Nevada, Page 886 (Chapter 178, SB 200)ê

 

         (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the [City Bond Law, NRS 268.672 to 268.740, inclusive;] laws of this state;

         (2) For the expense of operating or maintaining, or both, any facilities of the city; and

         (3) For any other purpose for which other money of the city may be used.

    2.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

    3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The city licensing agency shall provide upon request an application for a business license pursuant to chapter 364A of NRS.

    4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

    (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

    (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

    5.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

    (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

         (1) The amount of tax due and the appropriate year;

         (2) The name of the record owner of the property;

         (3) A description of the property sufficient for identification; and

         (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

    (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

    6.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.


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ê2001 Statutes of Nevada, Page 887 (Chapter 178, SB 200)ê

 

employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

    7.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

    Sec. 2.  Section 7.060 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1397, is hereby amended to read as follows:

    Sec. 7.060  Investment of money realized from bond sales.

    1.  The city council may direct the city manager to invest , in a manner authorized by the laws of this state, all [moneys] money realized from the sale of bonds issued by the city in bonds or other securities [issued by the United States of America] until such [moneys are actually] money is required for the purposes for which [such] the bonds were issued.

    2.  All interest received from such investments [shall] must be used only for the purposes for which the bonds were issued and for payment of principal or interest on [the bonds issued by the city.] those bonds.

    Sec. 3.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 888ê

CHAPTER 179, SB 204

 

Senate Bill No. 204–Committee on Human Resources

and Facilities

 

CHAPTER 179

 

AN ACT relating to substances; revising the definition of the “manufacture” of a substance; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 453.091 is hereby amended to read as follows:

    453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

    2.  “Manufacture” does not include [the preparation or compounding of a substance by a person for his own use or] the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, physician’s assistant, dentist, podiatric physician, advanced practitioner of nursing or veterinarian:

    (a) As an incident to his administering or dispensing of a substance in the course of his professional practice; or

    (b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

    Sec. 3.  This act becomes effective at 12:01 a.m. on October 1, 2001.

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CHAPTER 180, SB 231

Senate Bill No. 231–Committee on Judiciary

 

CHAPTER 180

 

AN ACT relating to juvenile justice; revising provisions relating to detention homes for the temporary detention of children; permitting such homes, under certain circumstances, to adjoin, be located on the same grounds as, or share common grounds or common facilities with an adult jail or adult lockup; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.180 is hereby amended to read as follows:

    62.180  1.  Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency, or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.


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ê2001 Statutes of Nevada, Page 889 (Chapter 180, SB 231)ê

 

for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

    2.  Except as otherwise provided in this subsection and subject to the provisions of this chapter, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children. In a county whose population is 35,000 or more, the board of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.

    3.  Any detention home built and maintained under this chapter must be constructed and conducted as nearly like a home as possible, and must not be deemed to be or treated as a penal institution. [In a county whose population is 35,000 or more,]

    4.  Except as otherwise provided in this subsection, a detention home built and maintained under this chapter must not [be adjoining or] adjoin, be located on the same grounds as , or share common facilities or common grounds with a prison, an adult jail or an adult lockup. If a detention home built and maintained under this chapter complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the detention home may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.

    [4.] 5.  In addition to detention homes, a county may provide and maintain at public expense programs which provide alternatives to placing a child in a detention home.

    Sec. 2.  This act becomes effective on July 1, 2001.

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CHAPTER 181, SB 234

Senate Bill No. 234–Senators Porter, James and Titus

 

CHAPTER 181

 

AN ACT relating to sentencing; revising the provisions governing the statements of victims of crimes at sentencing hearings; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 176.015 is hereby amended to read as follows:

    176.015  1.  Sentence must be imposed without unreasonable delay. Pending sentence, the court may commit the defendant or continue or alter the bail.

    2.  Before imposing sentence, the court shall:

    (a) Afford counsel an opportunity to speak on behalf of the defendant; and


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ê2001 Statutes of Nevada, Page 890 (Chapter 181, SB 234)ê

 

    (b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.

    3.  [Before] After hearing any statements presented pursuant to subsection 2 and before imposing sentence, the court shall afford the victim an opportunity to:

    (a) Appear personally, by counsel or by personal representative; and

    (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.

    4.  The prosecutor shall give reasonable notice of the hearing to impose sentence to:

    (a) The person against whom the crime was committed;

    (b) A person who was injured as a direct result of the commission of the crime;

    (c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and

    (d) Any other relative or victim who requests in writing to be notified of the hearing.

Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.

    5.  For the purposes of this section:

    (a) “Relative” of a person includes:

         (1) A spouse, parent, grandparent or stepparent;

         (2) A natural born child, stepchild or adopted child;

         (3) A grandchild, brother, sister, half brother or half sister; or

         (4) A parent of a spouse.

    (b) “Victim” includes:

         (1) A person, including a governmental entity, against whom a crime has been committed;

         (2) A person who has been injured or killed as a direct result of the commission of a crime; and

         (3) A relative of a person described in subparagraph (1) or (2).

    6.  This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.

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ê2001 Statutes of Nevada, Page 891ê

 

CHAPTER 182, SB 267

Senate Bill No. 267–Committee on Natural Resources

 

CHAPTER 182

 

AN ACT relating to the control of floods; authorizing the board of directors of a district for the control of floods to expend or provide money to protect public and private property from flooding; authorizing such a board to expend or provide money for the acquisition of certain local projects and improvements for the control of drainage; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 543 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The district’s chief engineer or any governmental entity may propose an amendment to the district’s master plan to allow the expenditure or provision of money pursuant to subsection 6 of NRS 543.360. The proposed amendment must be submitted to the district.

    2.  Upon receipt of an amendment proposed pursuant to subsection 1, the board shall determine whether it:

    (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

    (b) Is the most cost-effective structural or regulatory means of protecting structures from flood waters of the district; and

    (c) Does not adversely affect the continued implementation of the master plan.

    3.  If the board determines that the proposed amendment meets the requirements of subsection 2, the board shall hold a public hearing to consider the adoption of the amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.

    4.  The board shall file a copy of any amendment adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment.

    5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

    6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction the project will be located, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.


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ê2001 Statutes of Nevada, Page 892 (Chapter 182, SB 267)ê

 

    Sec. 2.  NRS 543.180 is hereby amended to read as follows:

    543.180  As used in NRS 543.170 to 543.830, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 543.360 is hereby amended to read as follows:

    543.360  The board may:

    1.  By the affirmative vote of two-thirds of the members voting on the matter, acquire, construct, improve, extend, maintain and operate:

    (a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. [Such] Except as otherwise provided in subsection 7, such a project or improvement must not be acquired unless it is included in the master plan.

    (b) Projects which mitigate the adverse effect of the acquired projects.

    (c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.

A project or improvement must not be acquired unless it is first approved by an agreement among the board, each county in whose unincorporated area any part of the project or improvement is located and each city in which any part of the project or improvement is located. The agreement must contain an estimate of the cost of the project or improvement and show its relation to the master plan.

    2.  Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.

    3.  Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.

    4.  Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.

    5.  Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.

    6.  Upon approval of an amendment to the district’s master plan pursuant to section 1 of this act, expend or provide money:

    (a) To make public property or private property, or both, impervious or resistant to damage from floods.

    (b) To relocate public or private structures, or both, which are located in an area that is susceptible to flooding.

    7.  Expend or provide money for the acquisition of a local project or improvement for the control of drainage which is not included in the master plan if the district’s chief engineer determines that:

    (a) The governmental entity requesting the project or improvement has established:

         (1) A procedure to allow persons within its jurisdiction to file complaints concerning the program for controlling floods within its jurisdiction;

         (2) A master plan for its local drainage system which identifies the project or improvement; and

         (3) Guidelines for implementing drainage projects and improvements within its jurisdiction; and


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ê2001 Statutes of Nevada, Page 893 (Chapter 182, SB 267)ê

 

    (b) The local project or improvement is a necessary appurtenance to collect and deliver flows to allow a project or improvement that is included in the district’s master plan to function in the manner intended.

If the local project or improvement is one-quarter mile or more from a regional facility, the district may not contribute more than 50 percent of the cost of the project or improvement. The district may appropriate not more than 3 percent of its revenues in any fiscal year to projects approved pursuant to this subsection. Money that is provided pursuant to this subsection but not expended in a fiscal year may be expended in the following fiscal year.

    Sec. 4.  NRS 543.597 is hereby amended to read as follows:

    543.597  1.  The district’s chief engineer or any governmental entity may propose to:

    (a) Change the size, type or alignment of a facility on the district’s master plan; or

    (b) Amend the district’s master plan. A proposed amendment must be submitted to the district.

    2.  Upon receipt of a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of the members voting on the proposed change, the board may adopt any proposed change which:

    (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

    (b) Is hydraulically similar to a proposed facility included in the master plan;

    (c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and

    (d) Does not adversely affect the continued implementation of the master plan.

    3.  Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the proposed amendment is determined to be generally consistent with those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members voting on the proposed amendment.

    4.  The board shall file a copy of any amendment or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment or change.

    5.  Except as otherwise provided in subsection 6, upon receipt of an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

    6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.


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ê2001 Statutes of Nevada, Page 894 (Chapter 182, SB 267)ê

 

effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

    7.  The provisions of this section do not apply to an amendment of a master plan pursuant to section 1 of this act.

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CHAPTER 183, SB 272

Senate Bill No. 272–Senator Rhoads

 

CHAPTER 183

 

AN ACT relating to the charter of the City of Wells; repealing the provisions that prohibit the mayor and the members of the board of councilmen from holding certain offices; authorizing the board to appoint a city manager and establish the departments of the city; authorizing the board to provide by resolution for additional regular meetings of the board; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 1.070 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 458, is hereby amended to read as follows:

    Sec. 1.070  Mayor and councilmen not to hold other office [.] or certain employment.

    1.  The mayor and councilmen [shall not:

    (a) Hold] :

    (a) Shall not hold any other elective office or employment with [Elko County or] the city, except as provided by law or as a member of a board or commission for which no compensation is received.

    (b) [Be elected or] May not be appointed to any office created by or the compensation for which was increased or fixed by the board of councilmen until 1 year after the expiration of the term for which [such person] he was elected.

    2.  Any person [holding any office proscribed by] who violates the provisions of subsection 1 [shall automatically forfeit] automatically forfeits his office as mayor or councilman.

    Sec. 2.  Section 1.080 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 458, is hereby amended to read as follows:

    Sec. 1.080  Appointive offices.

    1.  The board of councilmen of the city may appoint the following officers:

    (a) City clerk.

    (b) Municipal judge.

    (c) Chief of police.

    (d) City engineer.

    (e) City attorney.

    (f) City auditor.

    (g) City manager.


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ê2001 Statutes of Nevada, Page 895 (Chapter 183, SB 272)ê

 

    2.  The board of councilmen [shall] may establish such other offices as it [may deem] deems necessary.

    Sec. 3.  Section 2.030 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 459, is hereby amended to read as follows:

    Sec. 2.030  Board of councilmen: Duties concerning departments.

    1.  The board of councilmen may establish such departments of the city as it determines are necessary.

    2.  The board of councilmen shall control and supervise the departments of the city established pursuant to subsection 1 and may [establish such] adopt rules and regulations [as may be necessary] for the administration of [such departments.

    2.  The mayor shall designate from among the board of councilmen members to act as:

    (a) Superintendent of public safety.

    (b) Superintendent of streets and public works.

    (c) Superintendent of water and utilities.

    (d) Superintendent of health and sanitation.

    3.  The mayor shall be known as the superintendent of finance and revenue.

    4.  The] those departments.

    3.  The duties of each department [shall] must be designated by the board of councilmen.

    Sec. 4.  Section 2.050 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 460, is hereby amended to read as follows:

    Sec. 2.050  Meetings: Quorum.

    1.  The board of councilmen shall hold at least one regular meeting each month, and by [ordinance] resolution may provide for additional regular meetings.

    2.  A majority of all members of the board of councilmen constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.

    3.  Except as otherwise provided by law, all sessions and [all] proceedings of the board of councilmen [shall] must be public.

    Sec. 5.  This act becomes effective upon passage and approval for the purpose of authorizing any preliminary activities required to ensure that the departments of the City of Wells are reorganized pursuant to the provisions of section 3 of this act in an orderly manner and on October 1, 2001, for all other purposes.

________

 


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ê2001 Statutes of Nevada, Page 896ê

 

CHAPTER 184, SB 283

Senate Bill No. 283–Committee on Judiciary

 

CHAPTER 184

 

AN ACT relating to gaming; providing for the licensing of an international gaming salon in a resort hotel that holds a nonrestricted license; revising provisions governing limited-liability companies that hold state gaming licenses; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  “International gaming salon” means an enclosed gaming facility which is located anywhere on the property of a resort hotel that holds a nonrestricted license, admission to which facility is based upon the financial criteria of a patron as established by the licensee and approved by the board.

    Sec. 3.  1.  A licensee may apply to the board, on forms prescribed by the board, for a license to operate an international gaming salon.

    2.  A nonrefundable application fee in the amount of $5,000 must accompany the application for a license to operate an international gaming salon.

    3.  An applicant must pay the costs incurred by the board for investigation of an application.

    Sec. 4.  1.  The admission of a patron to an international gaming salon:

    (a) May be restricted on the basis of the financial criteria of the patron as established by the licensee and approved by the board; and

    (b) Must not be restricted on the basis of the race, color, religion, national origin, ancestry, physical disability or sex of the patron.

    2.  Any unresolved dispute with a patron concerning restriction of admission to an international gaming salon shall be deemed a dispute as to the manner in which a game is conducted pursuant to NRS 463.362 and must be resolved pursuant to NRS 463.362 to 463.366, inclusive.

    Sec. 5.  The commission shall, with the advice and assistance of the board, adopt regulations setting forth:

    1.  The policies and procedures for approval of a license to operate an international gaming salon.

    2.  The standards of operation for an international gaming salon, including, without limitation, policies and procedures governing:

    (a) Surveillance and security systems.

    (b) The games offered. The regulations must provide that the games offered must include table games and may include slot machines.

    (c) Minimum wagers for any game offered. The regulations must provide that minimum wagers for slot machines must not be less than $500.


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ê2001 Statutes of Nevada, Page 897 (Chapter 184, SB 283)ê

 

    Sec. 6.  NRS 463.013 is hereby amended to read as follows:

    463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 463.160 is hereby amended to read as follows:

    463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

    (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, slot machine, race book or sports pool;

    (b) To provide or maintain any information service; [or]

    (c) To operate an international gaming salon; or

    (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool,

without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

    2.  The licensure of an operator of an inter-casino linked system is not required if:

    (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

    (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

    3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed pursuant to this chapter, or his employee.

    4.  The commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

    5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

    Sec. 8.  NRS 463.5734 is hereby amended to read as follows:

    463.5734  A limited-liability company which applies for a license shall register as a limited-liability company with the board, and shall provide the following information to the board:

    1.  The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of each director, manager, member and key employee.

    2.  The rights, privileges and relative priorities of the members as to the return of contributions to capital and the right to receive distribution of profits.

    3.  The terms on which interests in the limited-liability company are to be offered.

    4.  The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges and any other indebtedness or security device.


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ê2001 Statutes of Nevada, Page 898 (Chapter 184, SB 283)ê

 

    5.  The extent of the holding in the limited-liability company of all underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.

    6.  Remuneration to persons other than directors and managers exceeding $30,000 per annum.

    7.  Bonus and profit-sharing arrangements.

    8.  Management and service contracts.

    9.  Options existing, or to be created.

    10.  Balance sheets for at least the 3 preceding fiscal years, or, if the limited-liability company has not been in existence for 3 years, balance sheets from the time of its formation. All balance sheets must be certified by independent public accountants certified or registered in this state.

    11.  Profit and loss statements for at least the 3 preceding fiscal years, or, if the limited-liability company has not been in existence for 3 years, profit and loss statements from the time of its formation. All profit and loss statements must be certified by independent public accountants certified or registered in this state.

    12.  Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada or licensed gambling, or both.

    Sec. 9.  NRS 463.5735 is hereby amended to read as follows:

    463.5735  1.  Every member, transferee of a member’s interest in a limited-liability company , director and manager of a limited-liability company which holds or applies for a state gaming license must be licensed individually, according to the provisions of this chapter.

    2.  If, in the judgment of the commission, the public interest will be served by requiring any of the limited-liability company’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed:

    (a) The limited-liability company shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires the licensing; and

    (b) Those persons shall apply for a license within 30 days after being requested to do so by the commission.

    3.  A publicly traded corporation which is a member of a limited-liability company is not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive.

    4.  No person may become a member [,] or a transferee of a member’s interest in a limited-liability company [or a manager of a limited-liability company] which holds a license until he secures the required approval of the commission.

    5.  A director or manager of a limited-liability company shall apply for a license within 30 days after assuming office.

    Sec. 10.  NRS 463.5737 is hereby amended to read as follows:

    463.5737  1.  If an employee , a director or a manager of a limited-liability company which holds a license is required to be licensed individually, and he:

    (a) Does not apply for a license within 30 days after the commission requests him to do so, and the commission makes a finding of unsuitability for that reason;

    (b) Is denied a license; or

    (c) Has his license revoked by the commission, the limited-liability company for whom he is a manager or director or by whom he is employed shall, upon receiving notice by registered or certified mail from the commission, remove him as a director or manager or modify his employment so that he no longer serves in a capacity for which he is required to be licensed, and shall not allow him to exercise a significant influence over the limited-liability company’s operation of a gaming establishment.


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ê2001 Statutes of Nevada, Page 899 (Chapter 184, SB 283)ê

 

the limited-liability company for whom he is a manager or director or by whom he is employed shall, upon receiving notice by registered or certified mail from the commission, remove him as a director or manager or modify his employment so that he no longer serves in a capacity for which he is required to be licensed, and shall not allow him to exercise a significant influence over the limited-liability company’s operation of a gaming establishment.

    2.  If the limited-liability company designates another employee , director or manager to replace the employee , director or manager whose employment was modified or who was removed as a director or manager, it shall promptly notify the commission and require the newly designated employee , director or manager to apply for a license.

    Sec. 11.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 12.  This act becomes effective upon passage and approval.

________

 

CHAPTER 185, SB 327

Senate Bill No. 327–Senator Jacobsen

 

CHAPTER 185

 

AN ACT relating to certain hazardous materials; revising provisions governing the disposal of certain hazardous materials; revising provisions governing motor carriers who transport certain hazardous materials; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 459.500 is hereby amended to read as follows:

    459.500  1.  Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:

    (a) Regulations of the commission must provide:

         (1) For safety in the packaging, handling, transportation and disposal of hazardous waste ; [, including the safety of vehicles and drivers;]

         (2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste; and

         (3) That a person employed full time by a business to act as such a consultant is exempt from the requirements of certification [:

             (I) If he is certified by the federal Occupational Safety and Health Administration] if the person:

             (I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and

             (II) [While] Is acting in the course of that full-time employment.

    (b) Regulations of the commission may:

         (1) Provide for the licensing and other necessary regulation of generators, including shippers [, brokers and carriers, both intrastate and interstate,] and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;


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ê2001 Statutes of Nevada, Page 900 (Chapter 185, SB 327)ê

 

interstate,] and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;

         (2) Require that the person responsible for a spill, leak or accident involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak or accident from a consultant certified under the regulations adopted pursuant to paragraph (a); and

         (3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.

    2.  The regulations may include provisions for:

    (a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and

    (b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.

    3.  Designated employees of the department and the Nevada highway patrol division shall enforce the regulations of the commission relating to the transport and handling of hazardous waste [, as they affect the safety of drivers and vehicles] and the leakage or spill of that waste from packages.

    Sec. 2.  NRS 459.7058 is hereby amended to read as follows:

    459.7058  1.  Except as otherwise required by federal law, the department shall immediately suspend or revoke the registration and permit for the transportation of hazardous materials, or deny the approval of an application for such a registration and permit, by a motor carrier who:

    (a) Knowingly makes a materially false or misleading statement on the application for the registration and permit;

    (b) Is assigned an unsatisfactory safety rating pursuant to 49 C.F.R. Part 385;

    (c) Is subject to an order entered pursuant to 49 C.F.R. § 386.72;

    (d) Does not maintain the financial responsibility for liability required pursuant to 49 C.F.R. Part 387 and the laws of this state;

    (e) Knowingly uses a forged certificate of registration or permit for the transportation of hazardous materials;

    (f) Knowingly allows the use of his registration or permit for the transportation of hazardous materials by any person other than an agent or employee of the motor carrier; or

    (g) Is convicted of a serious violation or repeated violations of the laws of this state for the regulation of [common, contract or private] motor carriers . [of property.]

    2.  Upon taking any action pursuant to subsection 1, the department shall:

    (a) Notify the motor carrier, by certified mail, of the reasons for its action and of any action the motor carrier may take to obtain the reinstatement of his registration and permit or the approval of his application; and

    (b) Provide the motor carrier with an opportunity for a fair and impartial hearing on the matter.


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ê2001 Statutes of Nevada, Page 901 (Chapter 185, SB 327)ê

 

    Sec. 3.  NRS 459.706 is hereby amended to read as follows:

    459.706  1.  The department shall not issue a permit required pursuant to NRS 459.7052 to a [common, contract or private] motor carrier [of property] who is seeking to transport radioactive waste upon a public highway of this state without first determining that the carrier transporting the waste is in compliance and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transportation of radioactive waste and the safety of drivers and vehicles.

    2.  Any [common, contract or private] motor carrier [of property] who maintains his books and records outside of this state must, in addition to any other assessments and fees provided by law, be assessed by the department for an amount equal to the travel expenses, including the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of employees of the department for investigations, inspections and audits which may be required to be performed outside of this state in carrying out the provisions of subsection 1.

    3.  The assessment provided for in subsection 2 must be determined by the department upon the completion of each such investigation, inspection or audit and is due within 30 days after the date on which the affected [common, contract or private] motor carrier receives the assessment. The records of the department relating to the additional costs incurred by reason of necessary travel must be open for inspection by the affected carrier at any time within the 30-day period.

    Sec. 4.  NRS 459.708 is hereby amended to read as follows:

    459.708  1.  A [common, contract or private] motor carrier [of property] who is transporting radioactive waste shall reject any package containing the waste which is tendered to him for transport in this state if the package:

    (a) Is leaking or spilling its contents;

    (b) Does not bear a:

         (1) [Mark] Marking required pursuant to 49 C.F.R. Part 172, Subpart D;

         (2) Label required pursuant to 49 C.F.R. Part 172, Subpart E; or

         (3) Placard required pursuant to 49 C.F.R. Part 172, Subpart F; or

    (c) Is not accompanied by a:

         (1) Shipping paper required pursuant to 49 C.F.R. Part 172, Subpart C; or

         (2) Manifest required pursuant to 10 C.F.R. Part 20, Appendix G.

    2.  A carrier who accepts radioactive waste for transport in this state is liable for any package in his custody which leaks or spills its contents, does not bear the required [mark,] marking, label or placard, or is not accompanied by the required shipping paper or manifest, unless, in the case of a leak or spill of the waste and by way of affirmative defense, the carrier proves that he did not and could not know of the leak when he accepted the package for transport.

    Sec. 5.  NRS 459.709 is hereby amended to read as follows:

    459.709  1.  A [common, contract or private] motor carrier [of property] shall not transport any high-level radioactive waste or spent nuclear fuel upon a public highway of this state unless:

    (a) The high-level radioactive waste or spent nuclear fuel is contained in a package that has been approved for that purpose pursuant to 10 C.F.R. Part 71; and


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ê2001 Statutes of Nevada, Page 902 (Chapter 185, SB 327)ê

 

    (b) The carrier has complied with the provisions of 10 C.F.R. Part 71 and 10 C.F.R. Part 73 requiring the advance notification of the governor of this state or his designee.

    2.  As used in this section:

    (a) “High-level radioactive waste” has the meaning ascribed to it in 10 C.F.R. § 72.3.

    (b) “Spent nuclear fuel” has the meaning ascribed to it in 10 C.F.R. § 72.3.

    Sec. 6.  NRS 459.718 is hereby amended to read as follows:

    459.718  1.  A person responsible for the care, custody or control of a hazardous material which is involved in an accident or incident occurring during the transportation of the hazardous material by a motor carrier, including any accident or incident occurring during any loading, unloading or temporary storage of the hazardous material while it is subject to active shipping papers and before it has reached its ultimate consignee, shall notify the division , consistent with the requirements of 49 C.F.R. § 171.15, as soon as practicable if, as a result of the hazardous material:

    (a) A person is killed;

    (b) A person receives injuries that require hospitalization;

    (c) Any damage to property exceeds $50,000;

    (d) There is an evacuation of the general public for 1 hour or more;

    (e) One or more major transportation routes or facilities are closed or shut down for 1 hour or more;

    (f) There is an alteration in the operational flight pattern or routine of any aircraft;

    (g) Any radioactive contamination is suspected;

    (h) Any contamination by an infectious substance is suspected;

    (i) There is a release of a liquid marine pollutant in excess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or

    (j) Any situation exists at the site of the accident or incident which, in the judgment of the person responsible for the care, custody or control of the hazardous material, should be reported to the division.

    2.  The notification required pursuant to this section must include:

    (a) The name of the person providing the notification;

    (b) The name and address of the motor carrier represented by that person;

    (c) The telephone number where that person can be contacted;

    (d) The date, time and location of the accident or incident;

    (e) The extent of any injuries;

    (f) The classification, name and quantity of the hazardous material involved, if that information is available; and

    (g) The type of accident or incident, the nature of the hazardous material involved and whether there is a continuing danger to life at the scene of the accident or incident.

    3.  A person may satisfy the requirements of this section by providing the information specified in subsection 2 to the person who responds to a telephone call placed to:

    (a) The number 911 in an area where that number is used for emergencies; or

    (b) The number zero in an area where the number 911 is not used for emergencies.


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ê2001 Statutes of Nevada, Page 903 (Chapter 185, SB 327)ê

 

    Sec. 7.  NRS 459.735 is hereby amended to read as follows:

    459.735  1.  The contingency account for hazardous materials is hereby created in the state general fund.

    2.  The commission shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:

    (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

    (b) Carrying out the provisions of [Public Law 99-499 and Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

    (c) Maintaining and supporting the operations of the commission and local emergency planning committees;

    (d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and

    (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045.

    3.  All money received by this state [as a result of Public Law 99-499 or Title I of Public Law 93-633] pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. In addition, all money received by the commission from any source must be deposited with the state treasurer to the credit of the contingency account for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2.

    4.  Upon the presentation of budgets in the manner required by law, money to support the operation of the commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the state highway fund to the contingency account for hazardous materials.

    5.  The interest and income earned on the money in the contingency account for hazardous materials, after deducting any applicable charges, must be credited to the account.

    6.  All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.

    Sec. 8.  NRS 459.738 is hereby amended to read as follows:

    459.738  1.  The state emergency response commission is hereby created for the purpose of carrying out the provisions of [NRS 414.135, Public Law 99-499] 42 U.S.C. §§ 11001 et seq. and other matters relating thereto.

    2.  The commission consists of not more than 25 members appointed by the governor. The governor shall, to the extent practicable, appoint persons to the commission who have technical expertise in responding to emergencies.

    3.  The term of each member of the commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.

    4.  The governor shall appoint one or more of the members of the commission to serve as chairman or co-chairmen.


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ê2001 Statutes of Nevada, Page 904 (Chapter 185, SB 327)ê

 

    5.  The commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.

    Sec. 9.  NRS 459.740 is hereby amended to read as follows:

    459.740  The commission may:

    1.  Adopt regulations for the purpose of enforcing its responsibilities pursuant to [Public Law 99-499.] 42 U.S.C. §§ 11001 et seq.

    2.  Accept gifts and grants of money and other revenues for the purpose of enforcing its responsibilities pursuant to [Public Law 99-499.] 42 U.S.C. §§ 11001 et seq.

    Sec. 10.  NRS 459.742 is hereby amended to read as follows:

    459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:

    1.  Enter into contracts, leases or other agreements or transactions;

    2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

    3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

    4.  Provide technical assistance and administrative support to the telecommunications unit of the communication and computing division of the department of information technology for the development of systems for communication during such emergencies;

    5.  Provide technical and administrative support and assistance for training programs;

    6.  Develop a system to provide public access to data relating to hazardous materials;

    7.  Support any activity or program eligible to receive money from the contingency account for hazardous materials;

    8.  Adopt regulations setting forth the manner in which the division of emergency management of the department [of motor vehicles and public safety] shall:

    (a) Allocate money received by the division which relates to hazardous materials or is received pursuant to [Public Law 99-499 or Title I of Public Law 93-633;] 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq.; and

    (b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

    9.  Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, [Public Law 99-499 and Title I of Public Law 93-633.] 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.

    Sec. 11.  NRS 459.744 is hereby amended to read as follows:

    459.744  1.  The commission shall establish by regulation:

    (a) A schedule of fees for its services and regulatory activities. The fees must be set at an amount which approximates the cost to the commission of performing those services and activities.

    (b) A fee, not to exceed $5,000 per year, to be paid by each person who stores an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in [Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.] 40 C.F.R. Part 355, Appendix A or B. The fee must include:

         (1) A filing fee for each facility in which such material is stored; and


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ê2001 Statutes of Nevada, Page 905 (Chapter 185, SB 327)ê

 

         (2) A surcharge for each ton of such material stored in excess of 1 ton,

and must be paid on or before March 1 of each year for the preceding calendar year.

    (c) A fee, not to exceed $2,000 per year, to be paid by each person who manufactures for transport an extremely hazardous material in an amount greater than the threshold planning quantity established for such material in [Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.] 40 C.F.R. Part 355, Appendix A or B. The fee must include:

         (1) A filing fee for each facility in which such material is manufactured; and

         (2) A surcharge for each ton of such material which is manufactured for transport in this state,

and must be paid on or before January 31 of each year for the preceding calendar year.

    (d) A reporting fee of $500 to be paid by each person who is required to submit a toxic chemical release form pursuant to [Public Law 99-499,] 42 U.S.C. §§ 11001 et seq., which becomes due upon the filing of the form.

    2.  The commission shall not require any person to pay more than $5,000 in fees imposed pursuant to subsection 1 for any calendar year.

    Sec. 12.  NRS 459.792 is hereby amended to read as follows:

    459.792  1.  The state emergency response commission, each local emergency planning committee appointed by the commission, and their respective members are immune from liability for the death of or injury to persons, and for injury to property, resulting from the performance of their functions under this chapter and under [Public Law 99-499 as that law existed on January 1, 1993.] 42 U.S.C. §§ 11001 et seq.

    2.  Except as limited by NRS 459.794 and 459.796, a person who provides equipment, advice or other assistance in mitigating or attempting to mitigate the effects of a discharge of hazardous material, or in preventing, cleaning up, or disposing of such a discharge, or in attempting to prevent, clean up, or dispose of such a discharge, is immune from liability for the death of or injury to persons, and for injury to property, resulting from those activities.

    Sec. 13.  NRS 459.7012, 459.7014 and 459.7028 are hereby repealed.

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ê2001 Statutes of Nevada, Page 906ê

 

CHAPTER 186, SB 358

Senate Bill No. 358–Committee on Natural Resources

 

CHAPTER 186

 

AN ACT relating to state lands; authorizing the administrator of the division of state lands of the state department of conservation and natural resources to lease residential property owned by this state to state officers and employees at less than fair market value in certain circumstances; authorizing the administrator to lease state land for residential purposes without the approval of the state board of examiners or the interim finance committee; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 322 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may, pursuant to NRS 322.060, lease residential property owned by the State of Nevada for less than the fair market value of the property to an officer or employee of this state who is required as a condition of his employment to reside in residential property owned by this state.

    2.  Before residential property may be leased pursuant to this section, the state land registrar, in cooperation with the head of the state agency that manages the property, must approve the lease and determine the amount of rent for the lease of the property.

    3.  The state land registrar may waive any fee for the consideration of an application to lease property pursuant to this section.

    Sec. 2.  NRS 322.007 is hereby amended to read as follows:

    322.007  Any lease of state land, except a lease for residential purposes or a lease for farming or grazing, whose term extends or is renewable beyond 1 year must be approved by the state board of examiners and the interim finance committee.

    Sec. 3.  NRS 322.060 is hereby amended to read as follows:

    322.060  Leases or easements authorized pursuant to the provisions of NRS 322.050, and not made for the purpose of extracting oil, coal or gas or the utilization of geothermal resources from the lands leased, must be:

    1.  For such areas as may be required to accomplish the purpose for which the land is leased or the easement granted.

    2.  Except as otherwise provided in NRS 322.065 and 322.067, and section 1 of this act, for such term and consideration as the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may determine reasonable based upon the fair market value of the land.

    3.  Executed upon a form to be prepared by the attorney general. The form must contain all of the covenants and agreements usual or necessary to such leases or easements.

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

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ê2001 Statutes of Nevada, Page 907ê

 

CHAPTER 187, SB 378

Senate Bill No. 378–Committee on Human Resources and Facilities

 

CHAPTER 187

 

AN ACT relating to professional occupations; providing civil immunity to a person who furnishes information to the board of dental examiners of Nevada under certain circumstances; providing civil immunity to members of the board and other persons under certain circumstances; clarifying that an applicant for a limited license to practice dentistry or dental hygiene must be licensed in another state or the District of Columbia at the time of his application and may have that license placed on inactive status after he has been issued a limited license; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Any person who furnishes information to the board concerning a licensee or an applicant for licensure, in good faith and without malicious intent, is immune from any civil action for furnishing that information.

    2.  The board, any member, employee or committee of the board, counsel, investigator, expert, hearing officer, licensee or other person who assists the board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is immune from any civil liability for:

    (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the board.

    (b) Disseminating information concerning a licensee or an applicant for licensure to any member of the public, other licensing board, national association of registered boards, an agency of the Federal Government or of the state, the attorney general or any law enforcement agency.

    3.  A defendant who is the prevailing party in a civil action brought pursuant to subsection 2, may recover the attorney’s fees and costs incurred in defending the action.

    Sec. 2.  NRS 631.271 is hereby amended to read as follows:

    631.271  1.  The board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a limited license to practice dentistry or dental hygiene to a person who:

    (a) [Has] At the time of his application, has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or the District of Columbia;

    (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this state;

    (c) Pays the required application fee; and

    (d) Has entered into a contract with the University and Community College System of Nevada to provide services [full time] as a dental intern, dental resident or instructor of dentistry or dental hygiene at an educational or outpatient clinic, hospital or other facility of the University and Community College System of Nevada.


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ê2001 Statutes of Nevada, Page 908 (Chapter 187, SB 378)ê

 

Community College System of Nevada. [As used in this paragraph, “full time” means providing such services at least 8 hours per day, 4 days per week, during an academic year.]

    2.  The board shall not issue a limited license to a person:

    (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended; or

    (b) Who has been refused a license or is involved in a disciplinary action concerning his license to practice dentistry or dental hygiene,

in this state, another state or territory of the United States or the District of Columbia.

    3.  A person to whom a limited license is issued pursuant to subsection 1:

    (a) May practice dentistry or dental hygiene in this state only:

         (1) At the educational or outpatient clinic, hospital or other facility where he is employed; and

         (2) In accordance with the contract required by paragraph (d) of subsection 1 . [; and]

    (b) Shall not, for the duration of the limited license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by the University and Community College System of Nevada for services provided as a dental intern, dental resident or instructor of dentistry or dental hygiene.

    (c) May have his license to practice dentistry or dental hygiene issued pursuant to the laws of another state or the District of Columbia placed on inactive status.

    4.  A limited license expires 1 year after its date of issuance and may be renewed on or before the date of its expiration. The holder of a limited license may, upon compliance with the requirements set forth in subsection 2 of NRS 631.330 and the completion of a review conducted at the discretion of the board, be granted a renewal certificate that authorizes the continuation of practice pursuant to the limited license for 1 year.

    5.  Within 7 days after the termination of his contract required by paragraph (d) of subsection 1, the holder of a limited license shall notify the board of the termination, in writing, and surrender the limited license to the board.

    6.  The board may revoke a limited license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this chapter or the regulations of the board.

    Sec. 3.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 909ê

 

CHAPTER 188, SB 523

Senate Bill No. 523–Committee on Transportation

 

CHAPTER 188

 

AN ACT relating to motor vehicles; increasing the period of validity of a permit issued to operate certain unregistered vehicles; revising provisions relating to the form provided by the department of motor vehicles and public safety to a dealer for the transfer of ownership of a motor vehicle; revising the provisions relating to temporary placards issued upon the sale or lease of motor vehicles; abolishing special permits issued upon the sale or lease of motor vehicles; authorizing the department to enter into an agreement with another state concerning the exchange of information relating to the issuance, renewal, suspension or revocation of drivers’ licenses; requiring the investigation of the criminal history of an applicant for a license to operate a school for training drivers or for a license as an instructor for such a school; providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 481.063 is hereby amended to read as follows:

    481.063  1.  The director may charge and collect reasonable fees for official publications of the department and from persons making use of files and records of the department or its various divisions for a private purpose. All money so collected must be deposited in the state treasury for credit to the motor vehicle fund.

    2.  [The] Except as otherwise provided in subsection 5, the director may release personal information , except a photograph, from a file or record relating to the driver’s license, identification card , or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the director.

    3.  Except as otherwise provided in subsection 2, the director shall not release to any person who is not a representative of the welfare division of the department of human resources or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415, 253.044 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

    (a) A list which includes license plate numbers combined with any other information in the records or files of the department;

    (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

    (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.


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ê2001 Statutes of Nevada, Page 910 (Chapter 188, SB 523)ê

 

about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

    4.  Except as otherwise provided in subsections 2 and 5, the director shall not release any personal information from a file or record relating to a driver’s license, identification card , or title or registration of a vehicle.

    5.  Except as otherwise provided in subsection 6, if a person or governmental entity [appears in person or by its representative,] provides a description of the information requested and its proposed use and signs an affidavit to that effect, the director may release any personal information from a file or record relating to a driver’s license, identification card , or title or registration of a vehicle for use:

    (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. [In addition, the director may, by regulation, establish a procedure whereby a governmental entity may retrieve such information electronically or by written request in lieu of appearing personally and complying with the other requirements of this subsection.] The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

    (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation , and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

    (c) In connection with matters relating to:

         (1) The safety of drivers of motor vehicles;

         (2) Safety and thefts of motor vehicles;

         (3) Emissions from motor vehicles;

         (4) Alterations of products related to motor vehicles;

         (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

         (6) Monitoring the performance of motor vehicles;

         (7) Parts or accessories of motor vehicles;

         (8) Dealers of motor vehicles; or

         (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

    (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

    (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

    (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

    (g) By a private investigator, private patrolman or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.


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ê2001 Statutes of Nevada, Page 911 (Chapter 188, SB 523)ê

 

    (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated , federally licensed radio or television station for a journalistic purpose. The department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

    (i) In connection with an investigation conducted pursuant to NRS 253.0415, 253.044 or 253.220.

    (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

    (k) In the bulk distribution of surveys, marketing material or solicitations, if the director has adopted policies and procedures to ensure that:

         (1) The information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations;

         (2) Each person about whom the information is requested has clearly been provided with an opportunity to [prohibit] authorize such a use; and

         (3) If the person about whom the information is requested [prohibits in a timely manner]

does not authorize such a use, the bulk distribution will not be directed toward that person.

    6.  Except as otherwise provided in paragraph (j) of subsection 5, a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 5. Such a person shall keep and maintain for 5 years a record of:

    (a) Each person to whom the information is provided; and

    (b) The purpose for which that person will use the information.

The record must be made available for examination by the department at all reasonable times upon request.

    7.  Except as otherwise provided in subsection 2, the director may deny any use of the files and records if he reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

    8.  Except as otherwise provided in NRS 485.316, the director shall not allow any person to make use of information retrieved from the database created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that database.

    9.  The director shall adopt such regulations as he deems necessary to carry out the purposes of this section. In addition, the director shall, by regulation, establish a procedure whereby a person who is requesting personal information [and has personally appeared before an employee of the department at least once] may establish an account with the department to facilitate his ability to request information electronically or by written request if he has submitted to the department proof of his employment or licensure, as applicable, and a signed and notarized affidavit acknowledging:

    (a) That he has read and fully understands the current laws and regulations regarding the manner in which information from the department’s files and records may be obtained and the limited uses which are permitted;

    (b) That he understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;


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ê2001 Statutes of Nevada, Page 912 (Chapter 188, SB 523)ê

 

    (c) That he understands that a record will be maintained by the department of any information he requests; and

    (d) That he understands that a violation of the provisions of this section is a criminal offense.

    10.  It is unlawful for any person to:

    (a) Make a false representation to obtain any information from the files or records of the department.

    (b) Knowingly obtain or disclose any information from the files or records of the department for any use not permitted by the provisions of this chapter.

    11.  As used in this section, “personal information” means information that reveals the identity of a person, including, without limitation, his photograph, social security number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his full address, information regarding vehicular accidents or driving violations in which he has been involved or other information otherwise affecting his status as a driver.

    Sec. 2.  NRS 482.31776 is hereby amended to read as follows:

    482.31776  1.  A consignee of a vehicle shall, upon entering into a consignment contract or other form of agreement to sell a vehicle owned by another person, open and maintain a separate trust account in a federally insured bank or savings and loan association that is located in this state, into which the consignee shall deposit all money received from a prospective buyer as a deposit, or as partial or full payment of the purchase price agreed upon, toward the purchase or transfer of interest in the vehicle. A consignee of a vehicle shall not:

    (a) Commingle the money in the trust account with any other money that is not on deposit or otherwise maintained toward the purchase of the vehicle subject to the consignment contract or agreement; or

    (b) Use any money in the trust account to pay his operational expenses for any purpose that is not related to the consignment contract or agreement.

    2.  Upon the sale or transfer of interest in the vehicle, the consignee shall forthwith:

    (a) Satisfy or cause to be satisfied all outstanding security interests in the vehicle; and

    (b) Satisfy the financial obligations due the consignor pursuant to the consignment contract.

    3.  Upon the receipt of money by delivery of cash, bank check or draft, or any other form of legal monetary exchange, or after any form of transfer of interest in a vehicle, the consignee shall notify the consignor that the money has been received or that a transfer of interest in the vehicle has occurred. Notification by the consignee to the consignor must be given in person or, in the absence of the consignor, by registered or certified mail addressed to the last address or residence of the consignor known to the consignee. The notification must be made within 3 business days after the date on which the money is received or the transfer of interest in the vehicle is made.

    4.  The provisions of this section do not apply to an executor, an administrator, a sheriff or any other person who sells a vehicle pursuant to the powers or duties granted to or imposed on him by specific statute.

    5.  Notwithstanding any provision of NRS 482.423 to 482.4247, inclusive, to the contrary, a vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to 482.4247, inclusive, by displaying a [special permit or] temporary placard to operate the vehicle unless [such] the operation of the vehicle is authorized by the express written consent of the consignor.


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ê2001 Statutes of Nevada, Page 913 (Chapter 188, SB 523)ê

 

not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.423 to 482.4247, inclusive, by displaying a [special permit or] temporary placard to operate the vehicle unless [such] the operation of the vehicle is authorized by the express written consent of the consignor.

    6.  A vehicle subject to a consignment contract may not be operated by the consignee, an employee or agent of the consignee, or a prospective buyer in accordance with NRS 482.320 by displaying a special plate unless [such] the operation of the vehicle is authorized by the express written consent of the consignor.

    7.  A consignee shall maintain a written log for each vehicle for which he has entered into a consignment contract. The written log must include:

    (a) The name and address, or place of residence, of the consignor;

    (b) A description of the vehicle consigned, including the year, make, model and serial or identification number of the vehicle;

    (c) The date on which the consignment contract is entered into;

    (d) The period that the vehicle is to be consigned;

    (e) The minimum agreed upon sales price for the vehicle;

    (f) The approximate amount of money due any lienholder or other person known to have an interest in the vehicle;

    (g) If the vehicle is sold, the date on which the vehicle is sold;

    (h) The date that the money due the consignor and the lienholder was paid;

    (i) The name and address of the federally insured bank or savings and loan association in which the consignee opened the trust account required pursuant to subsection 1; and

    (j) The signature of the consignor acknowledging that the terms of the consignment contract were fulfilled or terminated, as appropriate.

    8.  A person who:

    (a) Appropriates, diverts or otherwise converts to his own use money in a trust account opened pursuant to subsection 1 or otherwise subject to a consignment contract or agreement is guilty of embezzlement and shall be punished in accordance with NRS 205.300. The court shall, in addition to any other penalty, order the person to pay restitution.

    (b) Violates any other provision of this section is guilty of a misdemeanor.

    Sec. 3.  NRS 482.396 is hereby amended to read as follows:

    482.396  1.  A person who is not a dealer, manufacturer or rebuilder may apply to the department for a permit to operate a vehicle which:

    (a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and

    (b) Is not currently registered in this state, another state or a foreign country , or has been purchased by the applicant from a person who is not a dealer.

    2.  The department may issue the permit free of charge.

    3.  Each permit must:

    (a) Bear the date of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;

    (b) Expire at 5 p.m. not more than [10] 60 days after its date of issuance;

    (c) Be affixed to the vehicle in the manner prescribed by the department; and


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ê2001 Statutes of Nevada, Page 914 (Chapter 188, SB 523)ê

 

    (d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration [,] for the vehicle, whichever occurs first.

    4.  The department may authorize the issuance of more than one permit for the vehicle to be operated by the applicant.

    Sec. 4.  NRS 482.400 is hereby amended to read as follows:

    482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

    2.  The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle . [when the spaces provided upon the reverse side of the certificate of ownership issued for the vehicle have been filled.] The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed [$5 for each form it provides.] the cost to provide the form.

    3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due.

    4.  If the transferee is a dealer who intends to resell the vehicle, he [shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for] is not required to register, pay a transfer or registration fee for, or pay a privilege tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due. [The dealer is not required to register, pay a transfer or registration fee for, or pay a privilege tax on the vehicle.]

    5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

    (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.

    (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

         (1) Does not take an ownership interest in the vehicle;

         (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

         (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.


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ê2001 Statutes of Nevada, Page 915 (Chapter 188, SB 523)ê

 

    6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle [.] , if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a privilege tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the privilege taxes due.

    7.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

    (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

    (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

    Sec. 5. NRS 482.423 is hereby amended to read as follows:

    482.423  1.  When a new vehicle is sold in this state for the first time, the seller shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a licensed dealer, a dealer’s report of sale. The dealer’s report of sale must be in a form prescribed by the department and must include:

    (a) A description of the vehicle;

    (b) The name and address of the seller; and

    (c) The name and address of the buyer.

    2.  If, in connection with the sale, a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his assignee must be entered on the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

    3.  Unless an extension of time is granted by the department, the seller shall:

    (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state; and

    (b) Submit the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin and remit the fee collected pursuant to this subsection for the certificate of title to the department within 20 days after the execution of the dealer’s report of sale . [; and

    (c) Furnish to the buyer :

         (1) One copy of the dealer’s report of sale . ; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s report of sale in a size consistent with the unique numbers and letters of a license plate.

    4.  One copy of the dealer’s report of sale must be affixed to the right front windshield of the vehicle, and the temporary placard must be affixed to the rear of the vehicle in place of the license plate.]

    4.  Upon entering into a contract for the sale of a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:


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ê2001 Statutes of Nevada, Page 916 (Chapter 188, SB 523)ê

 

    (a) Be in a form prescribed by the department;

    (b) Be made of a material appropriate for use on the exterior of a vehicle;

    (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

    (d) Include the date of its expiration.

    5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the sale,] the temporary placard, whichever occurs first, the buyer shall remove the [copy of the dealer’s report of sale from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.

    6.  For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the department shall use the date imprinted or otherwise indicated on the dealer’s report of sale as the beginning date of the 20-day period.

    7.  [The department shall furnish a special permit for use when a contract of sale is entered to enable the buyer to operate the vehicle for a period not to exceed 20 days.] Upon execution of all required documents to complete the sale of a vehicle, the dealer shall [:

    (a) Remove the special permit; and

    (b) Execute a] execute the dealer’s report of sale and furnish a copy of the report [and a temporary placard] to the buyer [as required by this section.] not less than 10 days before the expiration of the temporary placard.

    Sec. 6.  NRS 482.4235 is hereby amended to read as follows:

    482.4235  1.  If a new vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a manufacturer’s certificate of origin or a manufacturer’s statement of origin, and a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:

    (a) A description of the vehicle; and

    (b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

    2.  Unless an extension of time is granted by the department, the long-term lessor shall [:

    (a) Submit] submit the original of the long-term lessor’s report of lease and the manufacturer’s certificate of origin or manufacturer’s statement of origin to the department within 20 days after the execution of the long-term lessor’s report of lease . [; and

    (b) Furnish to the long-term lessee:

         (1) One copy of the long-term lessor’s report of lease; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.

    3.  The long-term lessor shall affix one copy of the long-term lessor’s report of lease to the right front windshield of the vehicle and the temporary placard to the rear of the vehicle in place of a license plate.]


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ê2001 Statutes of Nevada, Page 917 (Chapter 188, SB 523)ê

 

    3.  Upon entering into a lease for a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

    (a) Be in a form prescribed by the department;

    (b) Be made of a material appropriate for use on the exterior of a vehicle;

    (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

    (d) Include the date of its expiration.

    4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the lease,] the temporary placard, whichever occurs first, the long-term lessee shall remove the [copy of the long-term lessor’s report of lease from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.

    5.  For the purposes of establishing compliance with the period required by [paragraph (a) of] subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 20-day period.

    6.  [When a contract to lease a new vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days.] Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [:

    (a) Remove the special permit; and

    (b) Execute] execute the long-term lessor’s report of lease and furnish a copy of the report [and a temporary placard] to the long-term lessee [as required by this section.] not less than 10 days before the expiration of the temporary placard.

    Sec. 7.  NRS 482.424 is hereby amended to read as follows:

    482.424  1.  When a used or rebuilt vehicle is sold in this state to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and execute a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be in a form prescribed by the department and must include:

    (a) A description of the vehicle, including whether it is a rebuilt vehicle;

    (b) The name and address of the seller; and

    (c) The name and address of the buyer.

    2.  If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be entered on the dealer’s or rebuilder’s report of sale.

    3.  Unless an extension of time is granted by the department, the seller shall:

    (a) Collect the fee set forth in NRS 482.429 for a certificate of title for a vehicle registered in this state; and

    (b) Submit the original of the dealer’s or rebuilder’s report of sale and remit the fee collected pursuant to this subsection for the certificate of title to the department within 30 days after the execution of the dealer’s or rebuilder’s report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle .


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ê2001 Statutes of Nevada, Page 918 (Chapter 188, SB 523)ê

 

rebuilder’s report of sale, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle . [; and

    (c) Furnish to the buyer:

         (1) One copy of the dealer’s or rebuilder’s report of sale; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the dealer’s or rebuilder’s report of sale in a size consistent with the unique numbers and letters of a license plate.

    4.  One copy of the dealer’s or rebuilder’s report of sale must be affixed to the front right windshield of the vehicle, and the temporary placard must be affixed to the rear of the vehicle in place of a license plate.]

    4.  Upon entering into a contract for the sale of a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

    (a) Be in a form prescribed by the department;

    (b) Be made of a material appropriate for use on the exterior of a vehicle;

    (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

    (d) Include the date of its expiration.

    5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than [10 days.] 30 days after the execution of the contract. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the sale,] the temporary placard, whichever occurs first, the buyer shall remove the [copy of the dealer’s or rebuilder’s report of sale from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.

    6.  For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the department shall use the date imprinted or otherwise indicated on the dealer’s or rebuilder’s report of sale as the beginning date of the 30-day period.

    7.  [The department shall furnish a special permit which may be used when a contract of sale is made, to enable the buyer to operate the vehicle purchased by him for not more than 20 days.] Upon executing all documents necessary to complete the sale of the vehicle, the [dealer shall:

    (a) Remove the special permit ; and

    (b) Execute] seller shall execute the dealer’s or rebuilder’s report of sale and furnish a copy of the report [and a temporary placard] to the buyer [as required by this section.] not less than 10 days before the expiration of the temporary placard.

    Sec. 8.  NRS 482.4245 is hereby amended to read as follows:

    482.4245  1.  If a used or rebuilt vehicle is leased in this state by a long-term lessor, the long-term lessor shall complete and execute a long-term lessor’s report of lease. Such a report must be in a form prescribed by the department and must include:

    (a) A description of the vehicle;

    (b) An indication as to whether the vehicle is a rebuilt vehicle; and

    (c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.


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ê2001 Statutes of Nevada, Page 919 (Chapter 188, SB 523)ê

 

    2.  Unless an extension of time is granted by the department, the long-term lessor shall [:

    (a) Submit] submit the original of the long-term lessor’s report of lease to the department within 30 days after the execution of the long-term lessor’s report of lease, together with the properly endorsed certificate of title or certificate of ownership previously issued for the vehicle . [; and

    (b) Furnish to the long-term lessee:

         (1) One copy of the long-term lessor’s report of lease; and

         (2) A temporary placard for use in place of a license plate. The temporary placard must be in a form prescribed by the department, be made of a material appropriate for use on the exterior of a vehicle and contain the date of expiration of the long-term lessor’s report of lease in a size consistent with the unique numbers and letters of a license plate.

    3.  The long-term lessor shall affix one copy of the report to the right front windshield of the vehicle and the temporary placard to the rear of the vehicle in place of a license plate.]

    3.  Upon entering into a lease for a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

    (a) Be in a form prescribed by the department;

    (b) Be made of a material appropriate for use on the exterior of a vehicle;

    (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

    (d) Include the date of its expiration.

    4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed [10 days.] 30 days after the execution of the lease. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of [10 days after the lease,] the temporary placard, whichever occurs first, the long-term lessee shall remove the [copy of the long-term lessor’s report of lease from the windshield of the vehicle and the] temporary placard from the rear of the vehicle.

    5.  For the purposes of establishing compliance with the period required by [paragraph (a) of] subsection 2, the department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.

    6.  [When a contract to lease a used or rebuilt vehicle is entered into, the department shall furnish a special permit to the long-term lessor to enable the long-term lessee to operate the vehicle for not more than 20 days.] Upon executing all documents necessary to complete the lease of the vehicle, the long-term lessor shall [:

    (a) Remove the special permit; and

    (b) Execute] execute the long-term lessor’s report of lease and furnish a copy of the report [and a temporary placard] to the long-term lessee [as required by this section.] not less than 10 days before the expiration of the temporary placard.


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ê2001 Statutes of Nevada, Page 920 (Chapter 188, SB 523)ê

 

    Sec. 9.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.

    Sec. 10.  1.  The department may enter into an agreement with another state to facilitate the exchange of information concerning the issuance, renewal, suspension or revocation of drivers’ licenses and to ensure that each driver possesses only one license and driving record.   2.  The department shall adopt regulations necessary to carry out any such agreement.

    Sec. 11.  An applicant for a license to operate a school for training drivers or a license as an instructor for a school for training drivers must submit to the department:

    1.  A complete set of his fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    2.  The fee established by the department for processing the fingerprints of the applicant. The fee must not exceed the total amount charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints of the applicant.

    Sec. 12.  NRS 483.390 is hereby amended to read as follows:

    483.390  Whenever any person after applying for or receiving a driver’s license moves from the address named in the application or in the license issued to him, or when the name of a licensee is changed, that person shall within [10] 30 days thereafter notify the motor vehicles branch of the department of his new and old addresses, or of such former and new names, and of the number of any license then held by him.

    Sec. 13.  NRS 483.475 is hereby amended to read as follows:

    483.475  1.  [When] Except as otherwise provided in this subsection, when a driver has accumulated [six] 3 or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails [this] the notice, the driver presents proof to the department that he has successfully completed a course of traffic safety approved by the department [,] and a statement signed by him which indicates that the successful completion of the course was not required pursuant to a plea agreement, the department shall cancel [three] not more than 3 demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points canceled upon the completion of the course, but must have his license suspended. A person may attend a course only once in 12 months for the purpose of reducing his demerit points. The [three] 3 demerit points may only be canceled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the course of traffic safety. The provisions of this subsection do not apply to a person whose successful completion of a course of traffic safety was required pursuant to a plea agreement.

    2.  Any reduction of [three] demerit points applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.

    3.  The department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 921 (Chapter 188, SB 523)ê

 

    (a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

    (b) For the second accumulation within 3 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.

    (c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.

    4.  The department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years if all six offenses have been assigned a value of four or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.

    5.  If the department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his privilege to drive is subject to suspension.

    6.  Except as provided in subsection 7, the department shall suspend the license 30 days after it mails the notice required by subsection 5.

    7.  If a written request for a hearing is received by the department:

    (a) The suspension of the license is stayed until a determination is made by the department after the hearing.

    (b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless he and the department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the department accurately reflect the driving history of the driver.

    Sec. 14.  NRS 483.710 is hereby amended to read as follows:

    483.710  An applicant for a license to operate a school for training drivers must:

    1.  Be of good moral character.

    2.  Maintain an established place of business:

    (a) That is open to the public;

    (b) That is not within 200 feet of any building used by the department as an office; and

    (c) Where the records of the school are maintained.

    3.  Have the equipment necessary to give proper instruction in the operation of motor vehicles.

    4.  Be 21 years of age or older.

    5.  [Hold a valid driving instructor’s certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned schools for training drivers.

    6.]  Have at least 100 hours of experience as an instructor operating vehicles with pupils at a school for training drivers, if the school for which the applicant is applying for a license will provide that training to pupils enrolled at the school.

    [7.] 6.  File with the department a surety bond in the amount of $10,000 to the department, executed by the applicant as principal with a corporation authorized to transact surety business in this state as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation.


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ê2001 Statutes of Nevada, Page 922 (Chapter 188, SB 523)ê

 

of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted his school for the 5 years immediately preceding the application for reduction.

    Sec. 15.  NRS 483.720 is hereby amended to read as follows:

    483.720  An applicant for a license as an instructor for a school for training drivers must:

    1.  Be of good moral character;

    2.  Pass such examination as the department may require on traffic laws, safe driving practices and operation of motor vehicles;

    3.  Be physically able to operate a motor vehicle safely and train others in the operation of motor vehicles;

    4.  Hold a valid Nevada driver’s license; and

    5.  Be 21 years of age or older . [; and

    6.  Hold a valid driving instructor’s certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned schools for training drivers.]

    Sec. 16.  NRS 483.730 is hereby amended to read as follows:

    483.730  1.  The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive [.] , and section 11 of this act.

    2.  The license is valid for 5 years after the date of issuance, unless canceled, suspended or revoked by the department and, except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license, except that an operator of or instructor for a school for training drivers is not required to comply with the provisions of section 11 of this act for the renewal of his license.

    3.  The department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the department that, during the period of the license, he completed at least six credits of continuing education by attending:

    (a) A course of instruction relating to the training of drivers approved by the department; or

    (b) A state or national conference approved by the department of education for credit for continuing education.

    4.  In determining whether an instructor has complied with the provisions of subsection 3, the department shall award one credit of continuing education for the completion of each 15 hours of:

    (a) Classroom instruction in a course specified in paragraph (a) of subsection 3; or

    (b) Attendance at a conference specified in paragraph (b) of subsection 3.

    Sec. 17.  NRS 485.187 is hereby amended to read as follows:

    485.187  1.  Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

    (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having insurance as required by NRS 485.185.


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 923 (Chapter 188, SB 523)ê

 

    (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of insurance of the operator or the vehicle in the vehicle.

    (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department the evidence of insurance.

    (d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.

    2.  A person shall not operate the motor vehicle of another person unless:

    (a) He first ensures that the required evidence of insurance is present in the motor vehicle; or

    (b) He has his own evidence of insurance which covers him as the operator of the motor vehicle.

    3.  Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 is guilty of a misdemeanor. Except as otherwise provided in this subsection, in addition to any other penalty, a person sentenced pursuant to this subsection shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the person obtains a motor vehicle liability policy by the time of sentencing, unless:

    (a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or

    (b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.

    4.  A court:

    (a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.

    (b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.

    5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 [, 482.3965, 482.423 or 482.424] or 482.3965 authorizing the movement or operation of that vehicle within the state for a limited time.

    Sec. 18.  Section 70 of Senate Bill No. 59 of this session is hereby amended to read as follows:

    Sec. 70.  NRS 482.400 is hereby amended to read as follows:

    482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle.


…………………………………………………………………………………………………………………

ê2001 Statutes of Nevada, Page 924 (Chapter 188, SB 523)ê

 

a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

    2.  The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed the cost to provide the form.

    3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due.

    4.  If the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the [privilege] governmental services taxes due.

    5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

    (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.

    (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

         (1) Does not take an ownership interest in the vehicle;

         (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

         (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.

    6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a [privilege] governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the [privilege] governmental services taxes due.

    7.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

    (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

    (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.


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ê2001 Statutes of Nevada, Page 925 (Chapter 188, SB 523)ê

 

    Sec. 19.  NRS 483.640, 483.650, 483.660, 483.680 and 483.690 are hereby repealed.

    Sec. 20.  This act becomes effective upon passage and approval.

________

 

CHAPTER 189, SB 541

Senate Bill No. 541–Committee on Human Resources and Facilities

 

CHAPTER 189

 

AN ACT relating to the department of museums, library and arts; changing the name of the department to the department of cultural affairs; requiring the administrator of the division of museums and history of the department to establish the powers and duties of the museum directors of the various institutions of the division; transferring the museum directors of the Nevada state museum, the Nevada museum and historical society and the Nevada historical society from the unclassified to the classified service of the state; providing that abandoned property held by an institution of the division of museums and history becomes the property of the division; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 378.005 is hereby amended to read as follows:

    378.005  As used in this chapter:

    1.  “Department” means the department of [museums, library and arts.] cultural affairs.

    2.  “Director” means the director of the department . [of museums, library and arts.]

    3.  “Division” means the division of state library and archives of the department.

    Sec. 2.  NRS 378.008 is hereby amended to read as follows:

    378.008  1.  There is hereby created the department of [museums, library and arts,] cultural affairs in which is vested the administration of the provisions of this Title and chapter 233C of NRS.

    2.  The department consists of a director and the following:

    (a) The division of state library and archives;

    (b) The division of museums and history;

    (c) The office of historic preservation;

    (d) The state arts council;

    (e) The board of museums and history;

    (f) The state council on libraries and literacy;

    (g) The state historical records advisory board; and

    (h) The commission for cultural affairs.

    Sec. 3.  NRS 378A.040 is hereby amended to read as follows:

    378A.040  1.  The governor shall appoint to the board:

    (a) The person who is in charge of the archives and records of the division of state library and archives of the department of [museums, library and arts.] cultural affairs. This person is the state historical records coordinator for the purposes of 36 C.F.R. § [1206.10] 1206.36 and shall serve as chairman of the board.


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ê2001 Statutes of Nevada, Page 926 (Chapter 189, SB 541)ê

 

    (b) [The] A person in charge of [the Nevada historical society.] a state-funded historical agency who has responsibilities related to archives or records, or to both archives and records.

    (c) Seven other members, at least [four] three of whom must have experience in the administration of historical records or archives. These members must represent as broadly as possible the various public and private archive and research institutions and organizations in the state.

    2.  After the initial terms, the chairman serves for 4 years and each other appointed member serves for 3 years. Members of the board may be reappointed.

    Sec. 4.  NRS 379.0083 is hereby amended to read as follows:

    379.0083  The state library and archives administrator may adopt regulations establishing fees:

    1.  Of not more than $5 for the issuance and renewal of a certificate. The fee for issuing a duplicate certificate must be the same as for issuing the original. The money received from such fees must be paid into the state general fund.

    2.  To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the state treasurer for credit to the appropriate account of the division of state library and archives of the department of [museums, library and arts.] cultural affairs.

    Sec. 5.  NRS 380A.031 is hereby amended to read as follows:

    380A.031  1.  The state council on libraries and literacy is hereby created. The council is advisory to the division of state library and archives of the department of [museums, library and arts.] cultural affairs.

    2.  The council consists of 11 members appointed by the governor. Unless specifically appointed to a shorter term, the term of office of a member of the council is 3 years and commences on July 1 of the year of appointment. The terms of office of the members of the council must be staggered to result in, as nearly as possible, the appointment of three or four members to the council on July 1 of each year.

    Sec. 6.  NRS 380A.041 is hereby amended to read as follows:

    380A.041  1.  The governor shall appoint to the [state council on libraries and literacy:] council:

    (a) A representative of public libraries;

    (b) A trustee of a legally established library or library system;

    (c) A representative of school libraries;

    (d) A representative of academic libraries;

    (e) A representative of special libraries or institutional libraries;

    (f) A representative of persons with disabilities;

    (g) A representative of the public who uses these libraries;

    (h) A representative of recognized state labor organizations;

    (i) A representative of private sector employers;

    (j) A representative of private literacy organizations, voluntary literacy organizations or community-based literacy organizations; and

    (k) A classroom teacher who has demonstrated outstanding results in teaching children or adults to read.

    2.  The director of the following state agencies or their designees shall serve as ex officio members of the council : [pursuant to Public Law No. 102-73:]

    (a) The department of [museums, library and arts;] cultural affairs;


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ê2001 Statutes of Nevada, Page 927 (Chapter 189, SB 541)ê

 

    (b) The department of education;

    (c) The state job training office;

    (d) The department of human resources;

    (e) The commission on economic development; and

    (f) The department of prisons.

    3.  Officers of state government whose agencies provide funding for literacy services may be designated by the governor or the chairman of the council to serve whenever matters within the jurisdiction of the agency are considered by the council.

    4.  The governor shall ensure that there is appropriate representation on the [advisory] council of urban and rural areas of the state, women, persons with disabilities and racial and ethnic minorities.

    5.  A person may not serve as a member of the council for more than two consecutive terms.

    Sec. 7.  Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 13, inclusive, of this act.

    Sec. 8.  1.  The administrator shall:

    (a) Appoint a museum director for each institution; and

    (b) Establish the powers and duties of each museum director as necessary for the efficient operation of the division pursuant to the provisions of section 9 of this act.

    2.  Each museum director is in the classified service of the state. The department of personnel, in cooperation with the administrator, shall classify the position of each museum director based on the powers and duties he is required to carry out, the size and complexity of the programs he is required to administer and such other considerations as are deemed relevant by the department of personnel.

    3.  Each museum director shall exercise such powers and carry out such duties as are assigned to him by the administrator pursuant to section 9 of this act.

    Sec. 9.  1.  The administrator shall, in accordance with any directive received from the director pursuant to NRS 232.005 or 378.0089, authorize or require each museum director to perform such duties set forth in subsection 2 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:

    (a) The size and complexity of the programs the museum director is required to administer;

    (b) The number of personnel needed to carry out those programs;

    (c) Requirements for accreditation; and

    (d) Such other factors as are relevant to the needs of the institution and the division.

    2.  The administrator may authorize or require a museum director to:

    (a) Oversee duties related to the auditing and approval of all bills, claims and accounts of the institution administered by the museum director.

    (b) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:

         (1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and valuable articles and objects, including, without limitation, drawings, etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.


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machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.

         (2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.

    (c) Collect, gather and prepare the natural history of Nevada and the Great Basin.

    (d) Establish such programs in archeology, anthropology, mineralogy, ethnology, ornithology and such other scientific programs as in the judgment of the board and administrator may be proper and necessary to carry out the objects and purposes appropriate to the institution administered by the museum director.

    (e) Receive and collect property from any appropriate agency of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.

    (f) House and preserve, care for and display or exhibit property received by an institution. This paragraph does not prevent the permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations in or outside of the state at the sole discretion of the board.

    (g) Make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.

    (h) Receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the institution administered by the museum director for preservation, care, display or exhibit, or decline and reject the property in his discretion, and undertake to be responsible for all property loaned to the institution or make just payment of any reasonable costs or rentals therefor.

    (i) Apply for and expend all gifts and grants that the institution administered by the museum director is authorized to accept in accordance with the terms and conditions of the gift or grant.

    (j) Govern, manage and control the exhibit and display of all property and things of the institution administered by the museum director at other exhibits, expositions, world’s fairs and places of public or private exhibition. Any property of the State of Nevada that may be placed on display or on exhibition at any world’s fair or exposition must be taken into custody by the administrator at the conclusion of the world’s fair or exposition and placed and kept in the institution, subject to being removed and again exhibited at the discretion of the administrator or a person designated by the administrator.

    (k) Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the institutions and respecting the terms and cost, the manner, time, place and extent, and the return thereof.

    (l) Trade, exchange and transfer exhibits and duplicates when the administrator deems it proper. Such transactions shall not be deemed sales.

    (m) Establish the qualifications for life, honorary, annual, sustaining and such other memberships as are established by the board pursuant to NRS 381.0045.


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ê2001 Statutes of Nevada, Page 929 (Chapter 189, SB 541)ê

 

    (n) Adopt rules for the internal operations of the institution administered by the museum director, including, without limitation, the operation of equipment of the institution.

    3.  The enumeration of the powers and duties that may be assigned to a museum director pursuant to this section is not exclusive of other general objects and purposes appropriate to a public museum.

    4.  The provisions of this section do not prohibit the administrator from making such administrative and organizational changes as are necessary for the efficient operation of the division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.

    Sec. 9.5.  The administrator shall adopt regulations governing the use and safe operation of locomotives, motorcars, cars, recreational or commercial rides on the trains and fixtures owned by the State of Nevada.

    Sec. 10.  Any condition or restraint placed on any bequest, devise, endowment, trust allotment or other gift made to the division must be in writing. The administrator and the board must accept, in writing, such a bequest, devise, endowment, trust allotment or gift before it becomes the property of the State of Nevada.   

    Sec. 11.  In addition to private money, the funding to carry out the provisions of this chapter must be provided by legislative appropriation from the state general fund and must be paid out on claims as other claims against the state are paid.

    Sec. 12.  1.  To enable the Nevada historical society to augment its collection by effecting exchanges with other societies and institutions, one bound copy each of the several publications of the state and of its societies and institutions, except the Nevada Reports and Statutes of Nevada, must be donated to the Nevada historical society as they are issued. The publications must be delivered to the society by the secretary of state or another elected officer who has custody of the publications.

    2.  One set of the Nevada Reports and one set of Statutes of Nevada must be donated to the society, which, together with one set of all the publications donated in compliance with the provisions of subsection 1, must be deposited in the collections of the society.

    Sec. 13.  The Nevada historical society shall preserve as is deemed appropriate all old and obsolete property and obsolete and noncurrent public records presented to it by the state library and archives administrator from the archives and records of the division of state library and archives of the department.

    Sec. 14.  NRS 381.001 is hereby amended to read as follows:

    381.001  As used in this chapter, unless the context otherwise requires:

    1.  “Administrator” means the administrator of the division . [of museums and history.]

    2.  “Board” means the board of museums and history.

    3.  “Department” means the department of [museums, library and arts.] cultural affairs.

    4.  “Director” means the director of the department . [of museums, library and arts.]

    5.  “Division” means the division of museums and history of the department.

    6.  “Institution” means an institution of the division established pursuant to NRS 381.004.


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ê2001 Statutes of Nevada, Page 930 (Chapter 189, SB 541)ê

 

    7.  “Museum director” means the executive director of an institution of the division appointed by the administrator pursuant to section 8 of this act.

    Sec. 15.  NRS 381.003 is hereby amended to read as follows:

    381.003  The board may establish shops for the sale of gifts and souvenirs, such as publications, books, postcards, color slides and such other related material as, in the judgment of the board, is appropriately connected with the operation of the institutions [of the division] or the purposes of this chapter.

    Sec. 16.  NRS 381.0037 is hereby amended to read as follows:

    381.0037  The board may establish [a] :

    1.  A petty cash account for the [department] division and each institution [of the division] in an amount not to exceed [$100] $500 for each account. Reimbursement of the account must be made from appropriated money paid out on claims as other claims against the state are paid.

    2.  A change account for each institution for which a shop for the sale of gifts and souvenirs has been established pursuant to NRS 381.003, in an amount not to exceed $1,500.

    Sec. 17.  NRS 381.004 is hereby amended to read as follows:

    381.004  1.  The division of museums and history is hereby created in the department . [of museums, library and arts.]

    2.  The division consists of [:

    (a) The] the office of the administrator [;

    (b)] and a state system of museums consisting of the following museums and historical societies, which are hereby established as institutions of the division:

    (a) The Nevada state museum;

    [(c)] (b) The Lost City museum;

    [(d)] (c) The Nevada museum and historical society;

    [(e)] (d) The Nevada historical society;

    [(f)] (e) The East Ely depot museum;

    [(g)] (f) The Nevada state railroad museum in Carson City; and

    [(h)] (g) The Nevada state railroad museum in Boulder City.

    3.  Each institution shall, in accordance with the duties assigned to it by the administrator, collect, preserve and interpret the history, prehistory and natural history of this state.

    Sec. 18.  NRS 381.0045 is hereby amended to read as follows:

    381.0045  The board shall establish:

    1.  Categories of memberships in the institutions [of the division] and the fees to be charged for the memberships.

    2.  Fees for admission to the institutions . [of the division.] Children under the age of 18 years must be admitted free of charge.

    3.  Fees for train rides provided by an institution.

    4.  Policies and charges for the incidental use, rental and lease of the buildings, equipment, fixtures and other property of the [department] division and its institutions . [and other divisions.]

    Sec. 19.  NRS 381.006 is hereby amended to read as follows:

    381.006  For the property and facilities of the division, the administrator:

    1.  Is responsible to the director for the general administration of the division and its institutions and for the submission of its budgets, which must include the combined budgets of its institutions.


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ê2001 Statutes of Nevada, Page 931 (Chapter 189, SB 541)ê

 

    2.  Shall supervise the museum directors of its institutions in matters pertaining to the general administration of the institutions.

    3.  Shall coordinate the submission of requests by its institutions for assistance from governmental sources.

    4.  Shall oversee the public relations of its institutions.

    5.  Shall superintend the planning and development of any new facilities for the division or its institutions.

    6.  Shall assist the efforts of its institutions in improving their services to the rural counties.

    7.  Shall supervise the facilities for storage which are jointly owned or used by any of its institutions.

    8.  Shall trade, exchange and transfer exhibits and equipment when he considers it proper and the transactions are not sales.

    9.  May contract with any person to provide concessions on the grounds of the property and facilities of the division, provided that any contract permitting control of real property of the division by a nongovernmental entity must be executed as a lease pursuant to NRS 321.003, 322.050, 322.060 and 322.070.

    10.  Shall oversee the supervision, control, management and operation of any buildings or properties in this state that are under the control of the division.

    11.  Shall supervise the furnishing, remodeling, repairing, alteration and erection of premises and buildings of the division or premises and buildings that may be conveyed or made available to the division.

    Sec. 20.  NRS 381.0064 is hereby amended to read as follows:

    381.0064  1.  The fund for the support of the division of museums and history of the department of [museums, library and arts] cultural affairs is hereby created as a special revenue fund in the state treasury. The interest and income earned on the money in the fund, in an amount not exceeding $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $300,000 per year must be credited to the state general fund.

    2.  The state treasurer shall, subject to the limitation in subsection 1, pay to the administrator at the end of each quarter an amount equal to any interest and income credited to the fund during that quarter. The administrator may use the money to pay the expenses related to the operations of the division.

    3.  The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

    4.  The administrator shall submit an itemized statement of the income and expenditures of the division each year to the legislature, if it is in session or, if the legislature is not in session, to the interim finance committee.

    Sec. 21.  NRS 381.008 is hereby amended to read as follows:

    381.008  When not in conflict with any condition or restraint placed on a gift and with the approval of the board, the museum director [or curator] of each institution [of the division] may sell duplicates, surplus and items inappropriate to the collection of the institution. The proceeds of the sale must be held in trust and may be expended only as approved by the board for the purchase of photographs, memorabilia and other historical articles,


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ê2001 Statutes of Nevada, Page 932 (Chapter 189, SB 541)ê

 

and collections related to history, prehistory or natural history to enrich the [collection] collections of the [institution.] division.

    Sec. 22.  NRS 381.009 is hereby amended to read as follows:

    381.009  1.  Any property held by an institution [of the division] for 10 years or more, to which no person has made claim, shall be deemed to be abandoned and becomes the property of the [institution] division if the [institution] administrator complies with the provisions of subsection 2.

    2.  The [institution] administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:

    (a) The name and last known address, if any, of the last known owner of the property;

    (b) A description of the property; and

    (c) A statement that if proof of a claim is not presented by the owner to the institution and if the owner’s right to receive the property is not established to the [institution’s] administrator’s satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the [institution.] division.

    3.  If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the [institution,] division, free from all claims of the owner and of all persons claiming through or under him.

    Sec. 23.  NRS 381.195 is hereby amended to read as follows:

    381.195  As used in NRS 381.195 to 381.227, inclusive:

    1.  “Historic” means after the middle of the 18th century.

    2.  “Historic site” means a site, landmark or monument of historical significance pertaining to the [white man’s] history of the settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.

    3.  “Museum director” means the museum director of the Nevada state museum.

    4.  “Prehistoric” means before the middle of the 18th century.

    [4.] 5.  “Prehistoric site” means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves or burial ground.

    Sec. 24.  NRS 381.199 is hereby amended to read as follows:

    381.199  1.  An applicant is required to secure, from the museum director, or an agent designated by the museum director, a permit for the investigation, exploration or excavation of any state or federal lands within the boundaries of the State of Nevada.

    2.  If the land to be investigated, explored or excavated is owned or held by the United States, the applicant is also required to secure a permit from the proper authorities in accordance with the provisions of 16 U.S.C. §§ 431 to 433, inclusive.

    Sec. 25.  NRS 381.201 is hereby amended to read as follows:

    381.201  The museum director may designate any state board, state department, division of a state department or state institution as an agent for the purpose of issuing permits. The agency so designated may adopt regulations relating to investigations, explorations or excavations carried out pursuant to any permit issued by that agency.


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ê2001 Statutes of Nevada, Page 933 (Chapter 189, SB 541)ê

 

    Sec. 26.  NRS 381.203 is hereby amended to read as follows:

    381.203  1.  In order to qualify as the recipient of a permit, the applicant must show:

    (a) That the investigation, exploration or excavation is undertaken for the benefit of a reputable museum, university, college or other recognized scientific or educational institution, with a view of increasing knowledge.

    (b) That the gathering is made for permanent preservation in public museums or other recognized educational or scientific institutions.

    (c) That the applicant possesses sufficient knowledge and scientific training to make such an investigation, exploration or excavation.

    (d) The location of the site where the applicant proposes to investigate, explore or excavate.

    2.  The museum director may prescribe reasonable regulations for carrying out such investigations, explorations or excavations.

    Sec. 27.  NRS 381.205 is hereby amended to read as follows:

    381.205  Upon granting the permit, the museum director shall immediately notify the office of historic preservation, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada highway patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.

    Sec. 28.  NRS 381.207 is hereby amended to read as follows:

    381.207  1.  The holder of a permit, except as otherwise provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil bones or other archeological and vertebrate paleontological features within the state shall give to the state 50 percent of all articles, implements and materials found or discovered, to be deposited with the Nevada state museum, for exhibition or other use within the state as determined by the museum director. The museum director may [, in his discretion,] accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection , the museum director shall notify the office of historic preservation.

    2.  The holder of a permit who does any such work within the state under the authority and direction of the Nevada historical society, the Nevada museum and historical society, or an institution or political subdivision of the state shall give 50 percent of all articles, implements and materials found or discovered to the society, institution or political subdivision. The holder of the permit may retain the other 50 percent.

    3.  If the Nevada historical society, the Nevada museum and historical society, or an institution or political subdivision of the state is the holder of the permit, it may retain all articles, implements and materials found or discovered.

    4.  Whenever the office of historic preservation acquires articles, implements and materials under the provisions of this section, they must be transferred to the museum director for exhibition or other use within the state as determined by the museum director.

    Sec. 29.  NRS 381.209 is hereby amended to read as follows:

    381.209  The museum director may limit a permit as to time and location. A permit [shall] may not be granted:

    1.  For a period of more than 1 year.

    2.  For investigation, exploration or excavation in a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit set in the permit.


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ê2001 Statutes of Nevada, Page 934 (Chapter 189, SB 541)ê

 

    3.  For the removal of any ancient monument, structure or site which can be permanently preserved under the control of the State of Nevada in situ, and remain an object of interest, if desired by the state, for a park, landmark or monument for the benefit of the public.

    Sec. 30.  NRS 381.215 is hereby amended to read as follows:

    381.215  After the close of each season’s work, within a reasonable time designated in the permit, every permit holder shall furnish to the museum director a report containing a detailed account of the work done, material collected and other pertinent data.

    Sec. 31.  NRS 381.223 is hereby amended to read as follows:

    381.223  Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS 381.195 to 381.227, inclusive, without a permit must be seized by the proper law enforcement officers, who shall notify the museum director of the action. The object or collection so taken must be forfeited to the state for exhibition or other use within the state as determined by the museum director. Upon receipt of any forfeited item pursuant to this section the museum director shall notify the office of historic preservation.

    Sec. 32.  NRS 383.011 is hereby amended to read as follows:

    383.011  As used in this chapter, unless the context otherwise requires:

    1.  “Administrator” means the administrator of the office.

    2.  “Advisory board” means the board of museums and history.

    3.  “Director” means the director of the department of [museums, library and arts.] cultural affairs.

    4.  “Office” means the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    Sec. 33.  NRS 384.050 is hereby amended to read as follows:

    384.050  1.  The governor shall appoint to the commission:

    (a) One member who is a county commissioner of Storey County.

    (b) One member who is a county commissioner of Lyon County.

    (c) One member who is the administrator or an employee of the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    (d) Two members who are persons licensed to practice architecture in this state.

    (e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

    2.  The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.

    3.  Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

    4.  While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    Sec. 34.  NRS 233C.080 is hereby amended to read as follows:

    233C.080  1.  The director of the council must be selected by the director of the department of [museums, library and arts] cultural affairs with special reference to his training, experience, capacity and interest in the arts from a list of three candidates submitted by the council.


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ê2001 Statutes of Nevada, Page 935 (Chapter 189, SB 541)ê

 

    2.  The director of the council must have a degree in the arts or a related field or in public administration with course work and experience in at least one of the arts.

    Sec. 35.  NRS 233C.200 is hereby amended to read as follows:

    233C.200  1.  The commission for cultural affairs is hereby created. The commission is advisory to the department of [museums, library and arts] cultural affairs and consists of:

    (a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;

    (b) The chairman of the state arts council or a member of the council designated by him;

    (c) The chairman of the board of museums and history or a member of the board designated by him;

    (d) A member of the board of museums and history, to be appointed by the governor;

    (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor; and

    (f) The chairman of the state council on libraries and literacy or a member of the council designated by him.

    2.  The commission shall:

    (a) Elect from its membership a chairman who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired term.

    (b) Prescribe rules for its own management and government.

    (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.

    3.  Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.

    4.  The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.

    5.  The commission may use the money derived from interest earned on the money in the fund for the preservation and promotion of cultural resources created pursuant to NRS 233C.230 to pay for administrative services required by the commission.

    Sec. 36.  NRS 235.012 is hereby amended to read as follows:

    235.012  1.  The director, after consulting with the executive director of the commission on tourism, the administrator of the division of museums and history of the department of [museums, library and arts] cultural affairs and the administrator of the division of minerals of the commission on mineral resources, may contract with a mint to produce medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum.

    2.  The decision of the director to award a contract to a particular mint must be based on the ability of the mint to:

    (a) Provide a product of the highest quality;

    (b) Advertise and market the product properly, including the promotion of museums and tourism in this state; and

    (c) Comply with the requirements of the contract.


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ê2001 Statutes of Nevada, Page 936 (Chapter 189, SB 541)ê

 

    3.  The director shall award the contract to the lowest responsible bidder, except that if in his judgment no satisfactory bid has been received, he may reject all bids.

    4.  All bids for the contract must be solicited in the manner prescribed in NRS 333.310 and comply with the provisions of NRS 333.330.

    Sec. 37.  NRS 235.014 is hereby amended to read as follows:

    235.014  1.  The ore used to produce a medallion or bar must be mined in Nevada, if the ore is available. If it is not available, ore newly mined in the United States may be used. Each medallion or bar made of gold, silver or platinum must be 0.999 fine. Additional series of medallions made of gold, silver or platinum at degrees of fineness of 0.900 or greater may be approved by the director with the concurrence of the interim finance committee. The degree of fineness of the materials used must be clearly indicated on each medallion.

    2.  Medallions may be minted in weights of 1 ounce, 0.5 ounce, 0.25 ounce and 0.1 ounce.

    3.  Bars may be minted in weights of 1 ounce, 5 ounces, 10 ounces and 100 ounces.

    4.  Each medallion must bear on its obverse The Great Seal of the State of Nevada and on its reverse a design selected by the director, in consultation with the executive director of the commission on tourism, the administrator of the division of museums and history of the department of [museums, library and arts] cultural affairs and the administrator of the division of minerals of the commission on mineral resources.

    Sec. 38.  NRS 239.005 is hereby amended to read as follows:

    239.005  As used in this chapter, unless the context otherwise requires:

    1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

    2.  “Committee” means the committee to approve schedules for the retention and disposition of official state records.

    3.  “Division” means the division of state library and archives of the department of [museums, library and arts.] cultural affairs.

    4.  “Governmental entity” means:

    (a) An elected or appointed officer of this state or of a political subdivision of this state;

    (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this state or of a political subdivision of this state;

    (c) A university foundation, as defined in NRS 396.405; or

    (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

    Sec. 39.  NRS 244A.689 is hereby amended to read as follows:

    244A.689  “Project” means:

    1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for:

    (a) A manufacturing, industrial or warehousing enterprise;

    (b) An organization for research and development;

    (c) A health and care facility;

    (d) A supplemental facility for a health and care facility;


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ê2001 Statutes of Nevada, Page 937 (Chapter 189, SB 541)ê

 

    (e) The purposes of a corporation for public benefit; or

    (f) Affordable housing.

    2.  The refinancing of any land, building or other improvement and any real and personal property necessary for:

    (a) A health and care facility;

    (b) A supplemental facility for a health and care facility;

    (c) The purposes of a corporation for public benefit; or

    (d) Affordable housing.

    3.  Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any natural person, partnership, firm, company, corporation , [(] including a public utility , [),] association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns:

    (a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used.

    (b) In connection with the furnishing of water if available on reasonable demand to members of the general public.

    (c) In connection with the furnishing of energy or gas.

    4.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

    5.  Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.

    6.  In addition to the kinds of property described in subsections 2 and 3, if the project is for the generation and transmission of electricity, any other property necessary or useful for that purpose, including, without limitation, any leases and any rights to take water or fuel.

    7.  The preservation of any historic structure or its restoration for its original or another use, if the plan has been approved by the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    Sec. 40.  NRS 277.058 is hereby amended to read as follows:

    277.058  1.  A public entity, in consultation with any Indian tribe that has local aboriginal ties to the geographical area in which a unique archeological or historical site is located and in cooperation with the office of historic preservation of the department of [museums, library and arts,] cultural affairs, may enter into a cooperative agreement with the owner of any property that contains a unique archeological or historical site in this state or with any other person, agency of the Federal Government or other public entity for the preservation, protection, restoration and enhancement of unique archeological or historical sites in this state, including, without limitation, cooperative agreements to:

    (a) Monitor compliance with and enforce any federal or state statutes or regulations for the protection of such sites.

    (b) Ensure the sensitive treatment of such sites in a manner that provides for their long-term preservation and the consideration of the values of relevant cultures.

    (c) Apply for and accept grants and donations for the preservation, protection, restoration and enhancement of such sites.


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ê2001 Statutes of Nevada, Page 938 (Chapter 189, SB 541)ê

 

    (d) Create and enforce:

         (1) Legal restrictions on the use of real property; and

         (2) Easements for conservation, as defined in NRS 111.410,

for the protection of such sites.

    2.  As used in this section, “public entity” means any:

    (a) Agency of this state, including the office of historic preservation [;] of the department of cultural affairs; and

    (b) County, city or town in this state.

    Sec. 41.  NRS 321.5967 is hereby amended to read as follows:

    321.5967  1.  There is hereby created a board of review composed of:

    (a) The director of the state department of conservation and natural resources;

    (b) The administrator of the division of environmental protection of the state department of conservation and natural resources;

    (c) The administrator of the division of minerals of the commission on mineral resources;

    (d) The administrator of the division of state parks of the state department of conservation and natural resources;

    (e) The state engineer;

    (f) The state forester firewarden;

    (g) The chairman of the state environmental commission;

    (h) The director of the state department of agriculture;

    (i) The chairman of the board of wildlife commissioners; and

    (j) The administrator of the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    2.  The chairman of the state environmental commission serves as chairman of the board.

    3.  The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

    4.  Except as otherwise provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of not more than $80, as fixed by the board, for each day’s attendance at a meeting of the board.

    5.  While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    6.  The board:

    (a) Shall review and approve or disapprove all regulations proposed by the state land registrar pursuant to NRS 321.597.

    (b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

    (c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the state land use planning agency.

    Sec. 42.  NRS 331.130 is hereby amended to read as follows:

    331.130  1.  At all times the maintenance of the Capitol Building is under the supervision of the chief, and it must be kept clean, orderly and presentable as befitting public property.


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ê2001 Statutes of Nevada, Page 939 (Chapter 189, SB 541)ê

 

    2.  The former assembly, senate and supreme court chambers on the second floor of the Capitol Building are under the management of the museum director of the Nevada state museum for the purpose of establishing and maintaining a government museum. The remainder of the second floor of the Capitol Building is under the management of the chief.

    Sec. 43.  NRS 331.133 is hereby amended to read as follows:

    331.133  The museum director of the Nevada state museum shall:

    1.  Prepare and present exhibits in the government museum.

    2.  Conduct, in an appropriate manner, tours of the government museum.

    3.  In cooperation with other state agencies and departments, provide for the security of the government museum.

    Sec. 44.  NRS 349.510 is hereby amended to read as follows:

    349.510  “Project” means:

    1.  Any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, suitable for new construction, improvement, rehabilitation or redevelopment for:

    (a) Industrial uses, including assembling, fabricating, manufacturing, processing or warehousing;

    (b) Research and development relating to commerce or industry, including professional, administrative and scientific offices and laboratories;

    (c) Commercial enterprises;

    (d) Civic and cultural enterprises open to the general public, including theaters, museums and exhibitions, together with buildings and other structures, machinery, equipment, facilities and appurtenances thereto which the director deems useful or desirable in connection with the conduct of any such enterprise;

    (e) An educational institution operated by a nonprofit organization not otherwise directly funded by the state which is accredited by a nationally recognized educational accrediting association;

    (f) Health and care facilities and supplemental facilities for health and care; or

    (g) The purposes of a corporation for public benefit.

    2.  Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.

    3.  The preservation of a historic structure or its restoration for its original or another use, if the plan has been approved by the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    Sec. 45.  NRS 350.575 is hereby amended to read as follows:

    350.575  1.  Upon the adoption of a resolution to finance the preservation or restoration of a historic structure, in the manner provided in NRS 350.087, by a municipality, a certified copy thereof must be forwarded to the executive director of the department of taxation, accompanied by a letter from the office of historic preservation of the department of [museums, library and arts] cultural affairs certifying that the preservation or restoration conforms to accepted standards for such work. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the municipality concerned and the probable ability of the municipality to repay the requested financing, approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation.


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ê2001 Statutes of Nevada, Page 940 (Chapter 189, SB 541)ê

 

resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.

    2.  If the executive director of the department of taxation does not approve the financing resolution, the governing board of the municipality may appeal the executive director’s decision to the Nevada tax commission.

    3.  As used in this section, “historic structure” means a building, facility or other structure which is eligible for listing in the state register of historic places under NRS 383.085.

    Sec. 46.  NRS 361A.050 is hereby amended to read as follows:

    361A.050  “Open-space use” means the current employment of land, the preservation of which use would conserve and enhance natural or scenic resources, protect streams and water supplies, maintain natural features which enhance control of floods or preserve sites designated as historic by the office of historic preservation of the department of [museums, library and arts.] cultural affairs.

    Sec. 47.  NRS 376A.010 is hereby amended to read as follows:

    376A.010  As used in this chapter, unless the context otherwise requires:

    1.  “Open-space land” means land that is undeveloped natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, viewsheds, agricultural or other land devoted exclusively to open-space use and easements devoted to open-space use that are owned, controlled or leased by public or nonprofit agencies.

    2.  “Open-space plan” means the plan adopted by the board of county commissioners of a county to provide for the acquisition, development and use of open-space land.

    3.  “Open-space use” includes:

    (a) The preservation of land to conserve and enhance natural or scenic resources;

    (b) The protection of streams and stream environment zones, watersheds, viewsheds, natural vegetation and wildlife habitat areas;

    (c) The maintenance of natural and man-made features that control floods, other than dams;

    (d) The preservation of natural resources and sites that are designated as historic by the office of historic preservation of the department of [museums, library and arts;] cultural affairs; and

    (e) The development of recreational sites.

    Sec. 48.  NRS 412.052 is hereby amended to read as follows:

    412.052  The adjutant general:

    1.  Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the state required by the United States.

    2.  Is the channel of official military correspondence with the governor, and, on or before November 1 of each even-numbered year, shall report to the governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.

    3.  Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of state library and archives of the department of [museums, library and arts] cultural affairs for safekeeping records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.


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ê2001 Statutes of Nevada, Page 941 (Chapter 189, SB 541)ê

 

records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.

    4.  Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.

    5.  Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.

    6.  Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia necessary to the proper administration, operation and training of it or to carry out the provisions of this chapter.

    7.  Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his office.

    8.  Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.

    Sec. 49.  NRS 381.007, 381.010, 381.015, 381.020, 381.090, 381.120, 381.140, 381.150, 381.160, 381.170, 381.190, 381.265, 381.270, 381.275, 381.285, 381.315, 381.325, 381.335, 381.345, 381.355, 381.365, 381.375, 381.405, 381.415, 381.425, 381.435, 381.445, 381A.010, 381A.020, 381A.030, 381A.040, 381A.050, 381A.080, 381A.090, 381A.100, 382.005, 382.010, 382.011, 382.0135, 382.014, 382.022, 382.026, 382.030, 382.040 and 382.060 are hereby repealed.

    Sec. 50.  The regulations of the director of the department of museums, library and arts adopted before the effective date of this act pursuant to NRS 381A.030 shall be deemed to have been adopted by the administrator of the division of museums and history of the department of cultural affairs and remain in force until amended or repealed by the administrator.

    Sec. 51.  This act becomes effective upon passage and approval.

    Sec. 52.  The legislative counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately correct any obsolete or incorrect reference to the department of museums, library and arts.

    2.  In preparing supplements to the Nevada Administrative Code, appropriately correct any obsolete or incorrect reference to the department of museums, library and arts.

________

 


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ê2001 Statutes of Nevada, Page 942ê

 

CHAPTER 190, SB 558

Senate Bill No. 558–Committee on Government Affairs

 

CHAPTER 190

 

AN ACT relating to information; providing additional protection for trade secrets; defining an employer’s right to intellectual property created by his employee; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 600 of NRS is hereby amended by adding thereto a new section to read as follows:

    Except as otherwise provided by express written agreement, an employer is the sole owner of any patentable invention or trade secret developed by his employee during the course of the employment that relates directly to work performed during the course of the employment.

    Sec. 2.  Chapter 600A of NRS is hereby amended by adding thereto a new section to read as follows:

    The owner of a trade secret is presumed to make a reasonable effort to maintain its secrecy if the word “Confidential” or “Private” or another indication of secrecy is placed in a reasonably noticeable manner on any medium or container that describes or includes any portion of the trade secret. This presumption may be rebutted only by clear and convincing evidence that the owner did not take reasonable efforts to maintain the secrecy of the trade secret.

________

 

CHAPTER 191, SB 561

Senate Bill No. 561–Committee on Government Affairs

 

CHAPTER 191

 

AN ACT relating to public financial administration; requiring the chief of the division of internal audits of the department of administration to appoint a manager of internal controls; establishing the qualifications of the manager of internal controls; exempting certain governmental agencies from certain provisions concerning training and assistance provided by the division of internal audits; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 353A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The manager of internal controls appointed pursuant to NRS 353A.045 must:

    (a) Be a certified public accountant licensed by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state; and


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ê2001 Statutes of Nevada, Page 943 (Chapter 191, SB 561)ê

 

    (b) Have at least 4 years of progressively responsible experience in professional auditing and performing internal audits or postaudits. The experience must include, without limitation, the performance of audits of governmental entities or of private business organizations, whether or not organized for profit.

    2.  The manager of internal controls is in the unclassified service of this state and serves at the pleasure of the chief.

    3.  The chief shall establish the powers and duties of the manager of internal controls.

    Sec. 2.  NRS 353A.020 is hereby amended to read as follows:

    353A.020  1.  The director, in consultation with the committee and legislative auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

    (a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

    (b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

    (c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

    (d) A system of practices to be followed in the performance of the duties and functions of each agency; and

    (e) An effective system of internal review.

    2.  The director, in consultation with the committee and legislative auditor, may modify the system whenever he considers it necessary.

    3.  Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

    4.  For the purposes of this section, “agency” does not include:

    (a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River Commission.

    Sec. 3.  NRS 353A.025 is hereby amended to read as follows:

    353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

    2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.

    3.  For the purposes of this section, “agency” does not include:

    (a) A board [or commission] created by the provisions of chapters 623 to [625,] 625A, inclusive, 628 , 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.


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ê2001 Statutes of Nevada, Page 944 (Chapter 191, SB 561)ê

 

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River Commission.

    4.  The director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

    (a) Director of the legislative counsel bureau for transmittal to the:

         (1) Senate standing committee on finance; and

         (2) Assembly standing committee on ways and means;

    (b) Governor; and

    (c) Legislative auditor.

    5.  The report submitted by the director pursuant to subsection 4 must include, without limitation:

    (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

    (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

    (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

    Sec. 4.  NRS 353A.031 is hereby amended to read as follows:

    353A.031  As used in NRS 353A.031 to 353A.100, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 353A.034 and 353A.036 have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 353A.045 is hereby amended to read as follows:

    353A.045  The chief [of the division] shall:

    1.  Report to the director.

    2.  Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must [:

    (a) List] list the agencies to which the division will provide training and assistance [; and

    (b) Be] and be submitted to the director for approval. Such agencies must not include:

    (a) A board created by the provisions of chapters 623 to 625A, inclusive, 628, 630 to 640A, inclusive, 641 to 644, inclusive, 654 and 656 of NRS.

    (b) The University and Community College System of Nevada.

    (c) The public employees’ retirement system.

    (d) The housing division of the department of business and industry.

    (e) The Colorado River Commission.

    3.  Provide a copy of the approved annual work plan to the legislative auditor.

    4.  In consultation with the director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the committee for its review and approval. Each plan for auditing must:

    (a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and


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ê2001 Statutes of Nevada, Page 945 (Chapter 191, SB 561)ê

 

    (b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.

    5.  Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his findings.

    6.  Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.

    7.  Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

    (a) The adequacy of the internal accounting and administrative controls of the agency; and

    (b) The efficiency and effectiveness of the management of the agency.

    8.  Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the division becomes aware during the performance of an audit.

    9.  Adopt the standards of the Institute of Internal Auditors for conducting and reporting on audits.

    10.  Consult with the legislative auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.

    11.  Appoint a manager of internal controls.

    Sec. 6.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 192, SB 471

Senate Bill No. 471–Committee on Government Affairs

 

CHAPTER 192

 

AN ACT relating to state military; changing the qualifications for appointment as adjutant general; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 412.044 is hereby amended to read as follows:

    412.044  1.  The governor shall appoint an adjutant general who shall hold office for a 4-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an adjutant general shall continue until its prescribed expiration date while such adjutant general is serving in a federal active duty status under an order or call by the President of the United States.

    2.  To be eligible for appointment to the office of adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years’ service in the Nevada National Guard as a federally recognized officer . [, 3 years of which must be immediately prior to his appointment.]


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ê2001 Statutes of Nevada, Page 946 (Chapter 192, SB 471)ê

 

    3.  The adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of major general. If appointed in a lower grade, he may be promoted by the governor to any grade not exceeding that of major general.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 193, SB 420

Senate Bill No. 420–Senators Carlton and Townsend

 

CHAPTER 193

 

AN ACT relating to occupational licensing boards; requiring each occupational licensing board to submit a quarterly summary of disciplinary actions and a biennial report of its activities to the director of the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved: May 28, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  As used in this chapter, unless the context otherwise requires, “occupational licensing board” includes, without limitation:

    1.  The state board of architecture, interior design and residential design.

    2.  The board of landscape architecture.

    3.  The state contractors’ board.

    4.  The state board of professional engineers and land surveyors.

    5.  The board of registered environmental health specialists.

    6.  The Nevada state board of accountancy.

    7.  The board of medical examiners.

    8.  The board of homeopathic medical examiners.

    9.  The board of dental examiners of Nevada.

    10.  The state board of nursing.

    11.  The state board of osteopathic medicine.

    12.  The chiropractic physicians’ board of Nevada.

    13.  The state board of Oriental medicine.

    14.  The state board of podiatry.

    15.  The Nevada state board of optometry.

    16.  The board of dispensing opticians.

    17.  The board of hearing aid specialists.

    18.  The board of examiners for audiology and speech pathology.

    19.  The Nevada state board of veterinary medical examiners.

    20.  The state board of pharmacy.

    21.  The state board of physical therapy examiners.

    22.  The board of occupational therapy.

    23.  The board of psychological examiners.

    24.  The board of examiners for marriage and family therapists.

    25.  The board of examiners for social workers.

    26.  The board of examiners for alcohol and drug abuse counselors.


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ê2001 Statutes of Nevada, Page 947 (Chapter 193, SB 420)ê

 

    27.  The state board of funeral directors, embalmers and operators of cemeteries and crematories.

    28.  The state barbers’ health and sanitation board.

    29.  The state board of cosmetology.

    30.  The real estate division of the department of business and industry.

    31.  The commissioner of financial institutions.

    32.  The private investigator’s licensing board.

    33.  The health division of the department of human resources.

    34.  The Nevada state board of examiners for administrators of facilities for long-term care.

    35.  The certified court reporters’ board of Nevada.

    Sec. 3.  1.  Each occupational licensing board shall, on or before the 20th day of January, April, July and October, submit to the director of the legislative counsel bureau a summary of each disciplinary action taken during the immediately preceding calendar quarter against the holder of a license, certificate, registration or permit issued by the occupational licensing board.

    2.  The director of the legislative counsel bureau shall:

    (a) Provide any information he receives pursuant to subsection 1 to a member of the public upon request;

    (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada legislature on the Internet; and

    (c) Transmit a compilation of the information he receives pursuant to subsection 1 to the legislative commission quarterly, unless otherwise directed by the commission.

    Sec. 4.  1.  Each occupational licensing board shall, on or before November 1 of each even-numbered year, submit a report of its activities to the director of the legislative counsel bureau.

    2.  The report must include, without limitation:

    (a) The number of licenses, certificates, registrations and permits, respectively, issued by the occupational licensing board during the immediately preceding 2 fiscal years;

    (b) A summary of the budget of the occupational licensing board during the immediately preceding 2 fiscal years that is related to the duties of the occupational licensing board pursuant to this Title, including, without limitation, a description of all income and expenditures related to such duties;

    (c) A summary of each disciplinary action taken during the immediately preceding 2 fiscal years against the holder of a license, certificate, registration or permit issued by the occupational licensing board; and

    (d) Any other information that is requested by the director of the legislative counsel bureau or which the occupational licensing board determines would be helpful to the legislature in evaluating whether the continued existence of the occupational licensing board is necessary.

    3.  The director of the legislative counsel bureau shall compile all the reports he receives and distribute copies of the compilation to the senate standing committee on commerce and labor and the assembly standing committee on commerce and labor, which each shall review the compilation to determine whether the continued existence of each occupational licensing board is necessary.

________

 


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ê2001 Statutes of Nevada, Page 948ê

 

CHAPTER 194, AB 237

Assembly Bill No. 237–Committee on Ways and Means

 

CHAPTER 194

 

AN ACT making a supplemental appropriation to the District Judges’ Salaries and Judicial Pensions Fund for a shortfall in the money budgeted for retirement benefits and pensions for District Judges and widows; and providing other matters properly relating thereto.

 

[Approved: May, 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the District Judges’ Salaries and Judicial Pensions Fund the sum of $109,918 for a shortfall in the money budgeted for retirement benefits for District Judges and widows. This appropriation is supplemental to that made by section 13 of chapter 571, Statutes of Nevada 1999, at page 2979.

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

________

 

CHAPTER 195, AB 289

Assembly Bill No. 289–Committee on Commerce and Labor

 

CHAPTER 195

 

AN ACT relating to public employees; including the state fire marshal, his assistant and his deputies within the definition of a “police officer” for various purposes relating to industrial injuries, occupational diseases and programs for public employees; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 617.135 is hereby amended to read as follows:

    617.135  “Police officer” includes:

    1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

    2.  A chief, inspector, supervisor, commercial officer or trooper of the Nevada highway patrol;

    3.  A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

    4.  An officer or investigator of the section for the control of emissions from vehicles of the motor vehicles branch of the department of motor vehicles and public safety;

    5.  An investigator of the division of compliance enforcement of the motor vehicles branch of the department of motor vehicles and public safety;

    6.  A member of the police department of the University and Community College System of Nevada;

    7.  A:

    (a) Uniformed employee of; or


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ê2001 Statutes of Nevada, Page 949 (Chapter 195, AB 289)ê

 

    (b) Forensic specialist employed by,

the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

    8.  A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety; [and]

    9.  A forensic specialist or correctional officer employed by the division of mental health and development services of the department of human resources at facilities for mentally disordered offenders [.] ; and

    10.  The state fire marshal, his assistant and his deputies.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 196, SB 144

Senate Bill No. 144–Committee on Finance

 

CHAPTER 196

 

AN ACT relating to the governor; requiring the department of administration to budget for certain transitional expenses of the governor-elect; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 223.025 is hereby amended to read as follows:

    223.025  1.  The department of administration shall include as a separate item in its budget for each fiscal year in which a governor is to be elected [the sum of $5,000 as a separate item.] a reasonable amount to pay transitional expenses of the governor-elect for clerical and research assistance.

    2.  The state controller shall , within the limits of legislative appropriation, draw [, from the amount appropriated,] his warrant for the payment of necessary expenses for clerical and research [help] assistance for the governor-elect upon [a claim or] submission of one or more claims by the governor-elect.

    3.  The provisions of subsection 2 do not apply if the incumbent governor is elected to succeed himself.

________

 


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ê2001 Statutes of Nevada, Page 950ê

 

CHAPTER 197, SB 249

Senate Bill No. 249–Committee on Finance

 

CHAPTER 197

 

AN ACT making a supplemental appropriation to the Secretary of State for an unanticipated shortfall in the money budgeted for salaries and costs for information services; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the Secretary of State the sum of $220,786 for an unanticipated shortfall in the money budgeted for salaries and costs for information services. This appropriation is supplemental to that made by section 5 of chapter 571, Statutes of Nevada 1999, at page 2978.

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

________

 

CHAPTER 198, SB 250

Senate Bill No. 250–Committee on Finance

 

CHAPTER 198

 

AN ACT making a supplemental appropriation to the State Department of Conservation and Natural Resources for certain shortfalls in the budget; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the State Department of Conservation and Natural Resources the sum of $40,181 to be disbursed as follows:

    1.  For an unanticipated shortfall in the money budgeted for retirement and other personnel expenses in the Director’s office    $21,689

    2.  For an unanticipated shortfall in money budgeted for the Division of Water Resources for expenses related to the U.S.G.S. river and stream gauging, ground water measurement and the South Fork Dam monitoring programs            $18,492

This appropriation is supplemental to that made by section 25 of chapter 571, Statutes of Nevada 1999, at page 2983.

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

________

 


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ê2001 Statutes of Nevada, Page 951ê

 

CHAPTER 199, SB 251

Senate Bill No. 251–Committee on Finance

 

CHAPTER 199

 

AN ACT making a supplemental appropriation to the Department of Education for a shortfall in money budgeted for contractual obligations for the Terra Nova Tests; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  There is hereby appropriated from the state general fund to the Department of Education the sum of $38,890 for a shortfall in money budgeted for contractual obligations for the Terra Nova Tests. This appropriation is supplemental to that made by section 15 of chapter 571, Statutes of Nevada 1999, at page 2979.

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

________

 

CHAPTER 200, SB 298

Senate Bill No. 298–Committee on Government Affairs

 

CHAPTER 200

 

AN ACT relating to the public employees’ benefits program; extending the period in which certain persons must notify the program of their decision regarding coverage under the program; revising the power of the board of the program to establish certain rates and coverage; requiring the board to appoint an attorney to review the program; requiring the board to establish a checking account for the payment of claims; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 287.023 is hereby amended to read as follows:

    287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage or join the public employees’ benefits program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

    2.  A retired person who continues coverage under the public employees’ benefits program shall assume the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A person who joins the public employees’ benefits program for the first time upon retirement shall assume all costs for the coverage.


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ê2001 Statutes of Nevada, Page 952 (Chapter 200, SB 298)ê

 

employees’ benefits program for the first time upon retirement shall assume all costs for the coverage. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees’ retirement system to continue coverage.

    3.  Except as otherwise provided in NRS 287.0235, notice of the selection of the option must be given in writing to the last public employer of the officer or employee within [30] 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel the coverage or not to join the public employees’ benefits program, as the case may be.

    4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

    Sec. 2.  NRS 287.043 is hereby amended to read as follows:

    287.043  1.  The board shall:

    (a) Establish and carry out a program to be known as the public employees’ benefits program which:

         (1) Must include a program relating to group life, accident or health insurance, or any combination of these; and

         (2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,

for the benefit of all state officers and employees and other persons who participate in the program.

    (b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

    2.  In establishing and carrying out the program, the board shall:

    (a) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers, employees and retired employees by participation in the program. The board [shall] may establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.

    (b) Give public notice in writing of proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

    (c) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the program.

    (d) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.


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ê2001 Statutes of Nevada, Page 953 (Chapter 200, SB 298)ê

 

    (e) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

    (f) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, including, without limitation, the establishment of:

         (1) Fees for applications for participation in the program and for the late payment of premiums or contributions;

         (2) Conditions for entry and reentry into the program by public agencies enumerated in NRS 287.010;

         (3) The levels of participation in the program required for employees of participating public agencies;

         (4) Procedures by which a group of participants in the program may leave the program pursuant to NRS 287.0479 and conditions and procedures for reentry into the program by such participants; and

         (5) Specific procedures for the determination of contested claims.

    (g) Appoint an independent certified public accountant. The accountant shall [provide:

         (1) An] :

         (1) Provide an annual audit of the program; and

         [(2) A biennial audit of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits.

The accountant shall report]

         (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    (h) Appoint an attorney who specializes in employee benefits. The attorney shall:

         (1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and

         (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    3.  The board may use any services provided to state agencies and shall use the services of the purchasing division of the department of administration to establish and carry out the program.

    4.  The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.

    5.  The state and any other public employers that participate in the program are not liable for any obligation of the program other than indemnification of the board and its employees against liability relating to the administration of the program, subject to the limitations specified in NRS 41.0349.

    6.  As used in this section, “employee benefits” includes any form of compensation provided to a [state employee pursuant to this Title] public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

    Sec. 3.  NRS 287.0435 is hereby amended to read as follows:

    287.0435  1.  All money received for the program, including, without limitation, premiums and contributions, must be deposited in the state treasury for credit to the fund for the public employees’ benefits program which is hereby created as a trust fund. The fund must be accounted for as an internal service fund. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent at all times.


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ê2001 Statutes of Nevada, Page 954 (Chapter 200, SB 298)ê

 

    2.  The money in the fund must be invested as other money of the state is invested and any income from investments paid into the fund for the benefit of the fund.

    3.  Disbursements from the fund must be made as any other claims against the state are paid.

    4.  The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the program.

    5.  The board shall deposit any disbursement received from the fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.

    Sec. 4.  NRS 287.045 is hereby amended to read as follows:

    287.045  1.  Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    2.  Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:

    (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

    (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

    3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the program, and every officer or employee who commences his employment after that date , is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

    4.  Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.

    5.  An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the program at the time of his retirement is eligible to participate in the program [30] 60 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.


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ê2001 Statutes of Nevada, Page 955 (Chapter 200, SB 298)ê

 

    6.  Notwithstanding the provisions of subsections 1, 3 and 4, if the board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.600, inclusive, and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

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

________

 

CHAPTER 201, AB 7

Assembly Bill No. 7–Assemblyman Collins

 

CHAPTER 201

 

AN ACT relating to traffic laws; revising the requirements for permanent or portable signs in school crossing zones; eliminating the provisions that allow the use of automatic traffic‑control devices in school zones in lieu of permanent or portable signs; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 484.3665 is hereby amended to read as follows:

    484.3665  1.  Each permanent sign which designates a school zone or school crossing zone and the speed limit in that zone must be uniform in size and color and must clearly designate the hours during which the speed limit applies.

    2.  Each portable sign designating a school zone or school crossing zone and the speed limit in the zone must be uniform in size and color. A portable sign may be placed beside a roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions.

    [3.  This section does not prohibit the use of automatic traffic-control devices in school zones in lieu of permanent or portable signs.]

________

 


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ê2001 Statutes of Nevada, Page 956ê

 

CHAPTER 202, AB 29

Assembly Bill No. 29–Assemblyman Carpenter

 

CHAPTER 202

 

AN ACT relating to water pollution; requiring the director of the state department of conservation and natural resources to conduct an independent investigation before making certain determinations concerning the control of water pollution under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, before determining whether to issue an order, commence a civil action, seek injunctive relief or request that the attorney general institute a criminal prosecution pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the director shall, if possible, conduct an independent investigation of the alleged act or practice for which he is making the determination.

    2.  The director is not required to conduct an independent investigation pursuant to subsection 1 if:

    (a) His determination to take any action specified in that subsection is based on information that is provided to him by the holder of a permit issued pursuant to NRS 445A.300 to 445A.730, inclusive; or

    (b) The alleged act or practice:

         (1) Occurs on land that is managed or controlled by the United States Department of Defense or Department of Energy; or

         (2) Creates an imminent and substantial danger to the public health or the environment.

    Sec. 2.  NRS 445A.310 is hereby amended to read as follows:

    445A.310  As used in NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 445A.675 is hereby amended to read as follows:

    445A.675  1.  [Whenever] Except as otherwise provided in section 1 of this act, if the director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, any standard or other regulation adopted by the commission pursuant to those sections, or any permit issued by the department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the director may:

    (a) Issue an order pursuant to NRS 445A.690;

    (b) Commence a civil action pursuant to NRS 445A.695 or 445A.700; or

    (c) Request that the attorney general [to] institute by indictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.

    2.  [Such] The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.


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ê2001 Statutes of Nevada, Page 957 (Chapter 202, AB 29)ê

 

of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.

    Sec. 4.  NRS 445A.680 is hereby amended to read as follows:

    445A.680  [Whenever] Except as otherwise provided in section 1 of this act, if the director finds that any person is engaged or about to engage in any act or practice which violates any provision [in NRS 445A.335,] of NRS 445A.565 and 445A.570, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source, the director may:

    1.  Issue an order:

    (a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, or the regulation or order alleged to be violated or about to be violated;

    (b) Indicating the facts alleged which constitute a violation thereof; and

    (c) Prescribing the necessary corrective action to be taken and a reasonable [time] period for completing that corrective action,

but no civil or criminal penalty may be imposed for failure to obey the order.

    2.  If the corrective action is not taken or completed, or without first issuing an order, commence a civil action pursuant to NRS 445A.695.

    Sec. 5.  NRS 445A.690 is hereby amended to read as follows:

    445A.690  1.  [Whenever] Except as otherwise provided in section 1 of this act, if the director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, or of any rule, regulation or standard promulgated by the commission, or of any permit or order issued by the department [under] pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, the director may issue an order:

    (a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, or the regulation or order alleged to be violated or about to be violated;

    (b) Indicating the facts alleged which constitute a violation thereof; and

    (c) Prescribing the necessary corrective action to be taken and a reasonable [time] period for completing that corrective action.

    2.  Any compliance order is final and is not subject to review unless the person [or persons] against whom [such] the order is issued, within 30 days after the date [such] on which the order is served, [request] requests by written petition a hearing before the commission.

    Sec. 6.  NRS 445A.695 is hereby amended to read as follows:

    445A.695  1.  [The] Except as otherwise provided in section 1 of this act, the director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, or any permit, rule, regulation or order issued pursuant thereto.

    2.  On a showing by the director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1 of this act, or any rule, regulation, standard, permit or order issued [thereunder,] pursuant to those provisions, the court may issue, without bond [such] , any prohibitory and mandatory injunctions [as] that the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.


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ê2001 Statutes of Nevada, Page 958 (Chapter 202, AB 29)ê

 

    3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

    4.  The court may require the posting of a sufficient performance bond or other security to [assure] ensure compliance with the court order within the [time] period prescribed.

________

 

CHAPTER 203, AB 33

Assembly Bill No. 33–Committee on Judiciary

 

CHAPTER 203

 

AN ACT relating to trusts; expressly validating a trust for the care of an animal; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 163 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A trust created for the care of one or more animals that are alive at the time of the settlor’s death is valid. Such a trust terminates upon the death of all animals covered by the terms of the trust. A settlor’s expression of intent must be liberally construed in favor of the creation of such a trust.

    2.  Except as otherwise provided in this subsection, property of a trust described in subsection 1 may not be used in a manner inconsistent with its intended use. Except as otherwise directed by the terms of the trust, if a court determines that the value of a trust described in subsection 1 exceeds the amount required to care for the animal beneficiary, the excess amount must be distributed to the person who would have taken the trust property if the trust had terminated on the date of the distribution.

    3.  The intended use of a trust described in subsection 1 may be enforced by the trustee or, if a trustee was not designated, by a person appointed by the court to act as the trustee. A person having a demonstrated interest in the welfare of the animal beneficiary may petition the court for an order to appoint himself as trustee or to remove the trustee. The court shall give preference for appointment to a person who demonstrates such an interest.

________

 


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ê2001 Statutes of Nevada, Page 959ê

 

CHAPTER 204, AB 44

Assembly Bill No. 44–Committee on Commerce and Labor

 

CHAPTER 204

 

AN ACT relating to industrial insurance; abolishing the legislative committee on workers’ compensation; revising the provisions governing maintenance of files of claims at the office of an insurer; requiring the administrator of the division of industrial relations of the department of business and industry to designate a vendor of certain data to assist the administrator in the establishment and revision of a schedule of reasonable fees for accident benefits; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 616A.425 is hereby amended to read as follows:

    616A.425  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety as a special revenue fund. All money received from assessments levied on insurers and employers by the administrator pursuant to NRS 232.680 must be deposited in this fund.

    2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

    3.  All money and securities in the fund must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

    (a) All salaries and other expenses in administering the division of industrial relations, including the costs of the office and staff of the administrator.

    (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner.

    (c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

    (d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.

    (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

    (f) [All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.

    (g)] That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

    4.  The state treasurer may disburse money from the fund only upon written order of the controller.

    5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody.


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ê2001 Statutes of Nevada, Page 960 (Chapter 204, AB 44)ê

 

funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

    6.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

    Sec. 2.  NRS 616B.021 is hereby amended to read as follows:

    616B.021  1.  An insurer shall provide access to the files of claims in its offices.

    2.  [A file is] The physical records in a file concerning a claim filed in this state may be kept at an office located outside this state if all records in the file are accessible at offices located in this state on computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original. If a claim filed in this state is open, the records in the file must be reproduced and available for inspection during regular business hours within 24 hours after requested by the employee or his designated agent, the employer or his designated agent [and] , or the administrator or his designated agent. If a claim filed in this state is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons.

    3.  Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the administrator or his designated agent, or the Nevada attorney for injured workers or his designated agent must be provided free of charge.

    4.  [If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records relating to that claim. The microphotographs or films must be placed in convenient and accessible files.

    5.]  The administrator [shall] may adopt regulations concerning the:

    (a) Maintenance of records in a file on [current] claims that are open or closed [claims;] ; and

    (b) Preservation, examination and use of records which have been [microphotographed or filmed] stored on computer or in a microphotographic, electronic or similar  format by an insurer . [; and

    (c) Location of a file on a closed claim.

    6.] 5.  This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

    Sec. 3.  NRS 616B.027 is hereby amended to read as follows:

    616B.027  1.  Every insurer shall [provide:

    (a) An] :

    (a) Provide an office in this state operated by the insurer or its third-party administrator in which:

         (1) A complete file of each claim is [kept;] accessible, in accordance with the provisions of NRS 616B.021;

         (2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information related to a claim and provide the services to an employer and his employees required by chapters 616A to 617, inclusive, of NRS; and


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ê2001 Statutes of Nevada, Page 961 (Chapter 204, AB 44)ê

 

         (3) An employee or his employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim [.

    (b) Statewide,] , in accordance with the provisions of NRS 616B.021.

    (b) Provide statewide toll-free telephone service to [that] the office maintained pursuant to paragraph (a) or accept collect calls from injured employees.

    2.  Each private carrier shall provide:

    (a) Adequate services to its insured employers in controlling losses; and

    (b) Adequate information on the prevention of industrial accidents and occupational diseases.

    Sec. 4.  (Deleted by amendment.)

    Sec. 5.  NRS 616C.260 is hereby amended to read as follows:

    616C.260  1.  All fees and charges for accident benefits must not:

    (a) Exceed the [fees and charges] amounts usually billed and paid in the state for similar treatment.

    (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

    2.  The administrator shall, giving consideration to the fees and charges being billed and paid in the state, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care services pursuant to NRS 616B.527. The administrator shall review and revise the schedule on or before [October] February 1 of each year. [The administrator may increase or decrease ] In the revision, the administrator shall adjust the schedule [, but shall not increase the schedule by any factor greater than] by the corresponding annual [increase] change in the Consumer Price Index, Medical Care Component . [, unless the advisory council of the division approves such an increase.]

    3.  The administrator [may request] shall designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this state to provide him with such information as he deems necessary to carry out the provisions of subsection 2. The designation must be made pursuant to reasonable competitive bidding procedures established by the administrator. In addition, the administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state [,] to provide the administrator with [such] information concerning fees and charges that are billed and paid in this state for similar services as he deems necessary to carry out the provisions of subsection 2. The administrator shall require a [person or entity providing] health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the state that provides records or reports of fees [charged] and charges billed and paid pursuant to this section to provide interpretation and identification concerning the information delivered. The administrator may impose an administrative fine of $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection.


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ê2001 Statutes of Nevada, Page 962 (Chapter 204, AB 44)ê

 

    4.  The division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

    (a) Standards for the development of the schedule of fees and charges [;] that are billed and paid; and

    (b) The [periodic revision of the schedule; and

    (c) The] monitoring of compliance by providers of benefits with the [adopted] schedule of fees and charges.

    5.  The division shall adopt regulations requiring the [utilization] use of a system of billing codes as recommended by the American Medical Association.

    Sec. 6.  NRS 232.680 is hereby amended to read as follows:

    232.680  1.  The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the division, a full-time employee of the legislative counsel bureau [,] and the fraud control unit for industrial insurance established pursuant to NRS 228.420 , [and the legislative committee on workers’ compensation created pursuant to NRS 218.5375,] and that portion of the cost of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, based upon expected annual expenditures for claims for injuries occurring on or after July 1, 1999. The division shall adopt regulations [which] that establish formulas of assessment which result in an equitable distribution of costs among the insurers and employers who provide accident benefits for injured employees. The formulas may utilize actual expenditures for claims.

    2.  Federal grants may partially defray the costs of the division.

    3.  Assessments made against insurers by the division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

    (a) All salaries and other expenses in administering the division, including the costs of the office and staff of the administrator.

    (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

    (c) The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

    (d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.

    (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

    (f) [All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.

    (g)] That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.


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ê2001 Statutes of Nevada, Page 963 (Chapter 204, AB 44)ê

 

    Sec. 7.  NRS 233B.039 is hereby amended to read as follows:

    233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

    (a) The governor.

    (b) The department of prisons.

    (c) The University and Community College System of Nevada.

    (d) The office of the military.

    (e) The state gaming control board.

    (f) The Nevada gaming commission.

    (g) The welfare division of the department of human resources.

    (h) The division of health care financing and policy of the department of human resources.

    (i) The state board of examiners acting pursuant to chapter 217 of NRS.

    (j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

    (k) The division of industrial relations of the department of business and industry in acting to enforce the provisions of NRS 618.375.

    (l) The administrator of the division in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

    (m) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

    2.  Except as otherwise provided in NRS 391.323, the department of education, the board of the public employees’ benefits program and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

    3.  The special provisions of:

    (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

    (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

    (c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;

    (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

    (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

    4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

    5.  The provisions of this chapter do not apply to:

    (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or


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ê2001 Statutes of Nevada, Page 964 (Chapter 204, AB 44)ê

 

    (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

    6.  The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

    Sec. 8.  NRS 218.5375, 218.5376, 218.5377 and 218.5378 are hereby repealed.

    Sec. 9.  Notwithstanding the amendatory provisions of section 5 of this act, the administrator of the division of industrial relations of the department of business and industry is not required to designate a vendor that compiles data on a national basis concerning fees and charges that are billed and paid for certain treatment and services pursuant to section 5 of this act in sufficient time to ensure that the schedule of reasonable fees and charges allowable for accident benefits that must be revised on or before February 1, 2002, includes the data obtained from that vendor, but shall use his best efforts to do so.

    Sec. 10.  1.  This section becomes effective upon passage and approval.

    2.  Section 5 of this act becomes effective:

    (a) Upon passage and approval for the purpose of requiring the administrator to designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this state to provide the administrator with such information as he deems necessary to carry out the provisions of subsection 2 of section 5 of this act.

    (b) On July 1, 2001, for all other purposes.

    3.  Sections 1 to 4, inclusive, and 6 to 9, inclusive, of this act become effective on July 1, 2001.

________

 

CHAPTER 205, AB 74

Assembly Bill No. 74–Assemblymen Berman, Carpenter and Gibbons

 

CHAPTER 205

 

AN ACT relating to children; requiring the labor commissioner to adopt regulations prohibiting the employment of children under 16 years of age in certain activities relating to commercial sales; providing civil and criminal penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 609 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in subsection 2, the labor commissioner shall adopt regulations prohibiting the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner the labor commissioner determines to be dangerous to the health or welfare of such a child.


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ê2001 Statutes of Nevada, Page 965 (Chapter 205, AB 74)ê

 

    2.  The labor commissioner shall not prohibit the employment of a child under the age of 16 years in connection with the solicitation for sale or selling of:

    (a) Any product, good or service in a county whose population is less than 100,000; or

    (b) Any agricultural product at a fixed location directly to consumers and not for resale.

This subsection does not authorize the employment of a child in violation of a specific statute.

    3.  No child under the age of 16 years may be employed, permitted or required to work in any capacity, including, without limitation, as an independent contractor, in connection with the solicitation for sale or selling of any product, good or service at any time or place or in any manner prohibited by the labor commissioner pursuant to subsection 1.

    Sec. 3.  A person who knowingly employs, permits or requires a child to work in violation of section 2 of this act is liable, in addition to any other penalty or remedy that may be provided by law, for a civil penalty of not more than $2,500 for each such violation, which may be recovered in a civil action brought by the labor commissioner. All money collected as civil penalties pursuant to this section must be deposited in the state general fund.

    Sec. 4.  NRS 609.200 is hereby amended to read as follows:

    609.200  [The] Except as otherwise provided in section 2 of this act, the labor commissioner may [, from time to time,] determine whether or not any particular trade, process of manufacture [,] or occupation, or any particular method of carrying on such trade, process of manufacture or occupation is sufficiently dangerous to the lives or limbs, or injurious to the health or morals, of minors under 16 years of age employed therein to justify their exclusion therefrom, and may prohibit their employment therein.

    Sec. 5.  NRS 609.270 is hereby amended to read as follows:

    609.270  Except as otherwise provided in NRS 609.190 to 609.260, inclusive, and section 2 of this act, whoever employs any child, and whoever, having under his control as parent, guardian or otherwise, any child, permits or suffers any child to be employed or to work in violation of any of the provisions of NRS 609.190 to 609.260, inclusive, [shall be] or section 2 of this act, is guilty of a misdemeanor.

    Sec. 6.  The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.

    Sec. 7.  This act becomes effective upon passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 966ê

 

CHAPTER 206, AB 92

Assembly Bill No. 92–Committee on Government Affairs

 

CHAPTER 206

 

AN ACT relating to counties; authorizing a county to exercise additional powers under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2 and in addition to any other powers authorized by specific statute, a board of county commissioners may exercise such powers and enact such ordinances, not in conflict with the provisions of NRS or other laws or regulations of this state, as the board determines are necessary and proper for:

    (a) The development of affordable housing;

    (b) The control and protection of animals;

    (c) The rehabilitation of rental property in residential neighborhoods; and

    (d) The rehabilitation of abandoned residential property.

    2.  The board of county commissioners shall not impose or increase a tax unless the tax or increase is otherwise authorized by specific statute.

    3.  The board of county commissioners may, in lieu of a criminal penalty, provide a civil penalty for a violation of an ordinance enacted pursuant to this section unless state law provides a criminal penalty for the same act or omission.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 207, AB 165

Assembly Bill No. 165–Assemblymen Brower and Freeman (by request)

 

CHAPTER 207

 

AN ACT relating to state emblems; declaring “Silver State Fanfare” as the official state march of the State of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

    The march entitled “Silver State Fanfare,” composed by Gerald Willis, is hereby adopted and declared to be the official state march of the State of Nevada.

________

 


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ê2001 Statutes of Nevada, Page 967ê

 

CHAPTER 208, AB 171

Assembly Bill No. 171–Assemblymen Chowning, Parks, Dini, Freeman, Cegavske, Anderson, Beers, Brower, Claborn, Collins, de Braga, Gibbons, Hettrick, Humke, Koivisto, Lee, Manendo, Marvel, McClain, Mortenson, Nolan, Oceguera, Parnell, Price, Smith, Von Tobel and Williams

 

CHAPTER 208

 

AN ACT relating to motor vehicles; requiring that a statement of charges be presented to a person requesting the repair of a motor vehicle; removing certain exemptions from the provisions governing garages and garagemen; providing under certain circumstances for the waiver of the registration fee to operate a garage; providing under certain circumstances for the revocation of a certificate of registration to operate a garage; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 487.035 is hereby amended to read as follows:

    487.035  1.  [In every instance where] If charges are made for the repair of [an automobile] a motor vehicle, the person making [such charge] the charges shall present to the person requesting the repairs or the person entitled to possession of the [automobile] motor vehicle a statement of the charges containing the following information:

    (a) The name and signature of the person authorizing or requesting the repairs;

    (b) A statement of the total charges;

    (c) An itemization and description of all parts used to repair the [automobile] motor vehicle indicating the charges made for each part;

    (d) A statement of the charges made for labor; and

    (e) A description of all other charges.

    2.  Any person violating this section is guilty of a misdemeanor.

    3.  In the case of [an automobile] a motor vehicle registered in the State of Nevada , no lien for labor or materials provided under NRS 108.265 to 108.360, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered and the legal owner of the [automobile.] motor vehicle. In all other cases , such notice [shall] must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the [automobile.] motor vehicle.

    4.  As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 487.550.

    Sec. 2.  NRS 487.555 is hereby amended to read as follows:

    487.555  The provisions of NRS 487.530 to 487.570, inclusive, do not apply to [:

    1.  An authorized inspection station, authorized maintenance station, authorized station or fleet station that is licensed pursuant to the provisions of NRS 445B.700 to 445B.845, inclusive, for actions taken within the scope of that license.


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ê2001 Statutes of Nevada, Page 968 (Chapter 208, AB 171)ê

 

    2.  A body shop that is licensed pursuant to the provisions of NRS 487.600 to 487.690, inclusive, for actions taken within the scope of that license.

    3.  A] a service station that is exclusively engaged in the business of selling motor vehicle fuel, lubricants or goods unrelated to the repair of motor vehicles.

    Sec. 3.  NRS 487.560 is hereby amended to read as follows:

    487.560  1.  On and after January 1, 1998, a garageman shall register with the department for authorization to operate a garage.

    2.  An application for registration must be on a form provided by the department. The application must include:

    (a) The name of the applicant, including each name under which he intends to do business;

    (b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be his principal place of business;

    (c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;

    (d) The type of repair work offered at each garage operated by the applicant;

    (e) The number of mechanics employed at each garage operated by the applicant;

    (f) The statement required by NRS 487.563; and

    (g) Any other information required by the department.

    3.  [For] Except as otherwise provided in this subsection, for each garage operated by an applicant, the department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, he may file one application if he clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage. The department shall waive the fee for the issuance or renewal of registration for a person that is licensed as:

    (a) An authorized inspection station, authorized maintenance station or authorized station pursuant to chapter 445B of NRS;

    (b) A manufacturer, distributor, dealer or rebuilder pursuant to chapter 482 of NRS; or

    (c) An automobile wrecker, salvage pool or body shop pursuant to chapter 487 of NRS.

    4.  All fees collected pursuant to this section must be deposited with the state treasurer to the credit of the account for regulation of salvage pools, automobile wreckers, body shops and garages.

    5.  An applicant for registration or renewal of registration shall notify the department of any material change in the information contained in his application for registration or renewal within 10 days after his knowledge of the change.

    Sec. 4.  NRS 487.563 is hereby amended to read as follows:

    487.563  1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 must include in the application a written statement to the department that specifies whether he agrees to submit to binding arbitration any claims against him arising out of a contract for repairs made by him to a motor vehicle. If the person fails to submit the statement to the department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this state.


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ê2001 Statutes of Nevada, Page 969 (Chapter 208, AB 171)ê

 

statement to the department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this state. The form of the bond must be approved by the attorney general and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.

    2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

    3.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the department, pursuant to the terms prescribed by the department:

    (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

    (b) A savings certificate of a bank or savings and loan association located in this state, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the department. Interest earned on the certificate accrues to the account of the applicant.

    4.  If a claim is arbitrated pursuant to the provisions of this section, the proceedings for arbitration must be conducted in accordance with the provisions of NRS 38.015 to 38.205, inclusive.

    5.  If a person:

    (a) Submits the statement to the department specifying that he agrees to arbitrate a claim pursuant to the provisions of subsection 1; and

    (b) Fails to submit to binding arbitration any claim specified in that subsection,

the person asserting the claim may notify the department of that fact. Upon receipt of the notice, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to submit the claim to arbitration.

    6.  If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, the department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to comply with the order.

    7.  The department may reinstate or renew a certificate of registration that is [revoked] :

    (a) Revoked pursuant to the provisions of subsection 5 if the person whose certificate of registration is revoked:

    [(a)] (1) Submits the claim to arbitration pursuant to the provisions of subsection 4 and notifies the department of that fact; or

    [(b)] (2) Files a bond or makes a deposit with the department pursuant to the provisions of this section.

    (b) Revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.

    Sec. 5.  NRS 487.565 is hereby amended to read as follows:

    487.565  1.  If the department receives an application for registration that contains the information required by NRS 487.560, it shall issue to the applicant a certificate of registration for each garage operated by the applicant.


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ê2001 Statutes of Nevada, Page 970 (Chapter 208, AB 171)ê

 

applicant a certificate of registration for each garage operated by the applicant. The certificate must contain the name of the applicant, the name under which his business will be conducted, the address of his business and the registration number for the garage.

    2.  A certificate of registration is valid for 1 year after the date of issuance. A garageman may renew his registration by submitting to the department:

    (a) An application for renewal on a form provided by the department; and

    (b) [The] Except as otherwise provided in NRS 487.560, the fee for renewal set forth in [NRS 487.560.] that section.

The application must include the statement required by NRS 487.563.

________

 

CHAPTER 209, AB 180

Assembly Bill No. 180–Committee on Government Affairs

 

CHAPTER 209

 

AN ACT relating to judges; amending the charter of the City of Henderson to make various changes concerning municipal judges; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 4.015 of the charter of the City of Henderson, being chapter 231, Statutes of Nevada 1991, as amended by chapter 596, Statutes of Nevada 1995, at page 2213, is hereby amended to read as follows:

    Sec. 4.015  Municipal court.

    1.  There is a municipal court of the city which consists of at least one department. Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by , the provisions of chapters 5 and 266 of NRS which relate to municipal courts.

    2.  The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.

    3.  At the first municipal primary or general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of [2 or 4] not more than 5 years, as determined by the city council, in order that, as nearly as practicable, [one‑half] one-third of the number of municipal judges be elected every 2 years.

    4.  Each municipal judge must be voted upon by the registered voters of the city at large.

    5.  The respective departments of the municipal court must be numbered 1 through the appropriate Arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.


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ê2001 Statutes of Nevada, Page 971 (Chapter 209, AB 180)ê

 

    6.  The senior municipal judge is selected by a majority of the sitting judges for a term of 2 years. If no municipal judge receives a majority of the votes, the senior municipal judge is the municipal judge who has continuously served as a municipal judge for the longest period.

    Sec. 2.  Section 4.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 23, Statutes of Nevada 1993, at page 46, is hereby amended to read as follows:

    Sec. 4.020  Municipal court: Residency requirement of municipal judge; salary.

    1.  Each municipal judge must have been a resident of the territory which is established by the boundaries of the city for the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.

    2.  The salary of each municipal judge must be fixed by the city council and be uniform for all departments of the municipal court. The salary may be increased during the terms for which the judges are elected or appointed.

    3.  Each municipal judge shall devote his full time to the duties of his office and must be a duly licensed member, in good standing, of the State Bar of Nevada, except that the requirement to be a duly licensed member, in good standing, of the State Bar of Nevada does not apply to any municipal judge who is an incumbent when this section becomes effective as long as he continues to serve as such in uninterrupted terms.

    Sec. 3.  Section 5.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 67, Statutes of Nevada 1987, at page 133, is hereby amended to read as follows:

    Sec. 5.020  General municipal election.

    1.  A general election must be held in the city on the first Tuesday after the first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time the registered voters of the city shall elect city officers to fill the available elective positions.

    2.  All candidates for the office of mayor, councilman and municipal judge must be voted upon by the registered voters of the city at large. The term of office for members of the city council [, including the mayor, and the judges of the municipal court] and the mayor is 4 years. Except as otherwise provided in subsection 3 of section 4.015 of this charter, the term of office for a municipal judge is 6 years.

    3.  On the Tuesday after the first Monday in June 2001 and every 6 years thereafter, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, a municipal judge for department 1 who will hold office until his successor has been elected and qualified.

    4.  On the Tuesday after the first Monday in June 2003 and every 6 years thereafter, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, a municipal judge for department 2 who will hold office until his successor has been elected and qualified.

    5.  On the Tuesday after the first Monday in June 2005 and every 6 years thereafter, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, a municipal judge for department 3 who will hold office until his successor has been elected and qualified.


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ê2001 Statutes of Nevada, Page 972 (Chapter 209, AB 180)ê

 

city, at a general municipal election to be held for that purpose, a municipal judge for department 3 who will hold office until his successor has been elected and qualified.

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

________

 

CHAPTER 210, AB 192

Assembly Bill No. 192–Assemblyman Arberry

 

CHAPTER 210

 

AN ACT relating to barbering; authorizing a person who owns, manages, operates or controls a barber school to charge for barbering services provided to a member of the general public by a student of the barber school; revising the number of instructors required to be on the premises of a barber school; limiting the period of employment of a student of a barber school; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 643.177 is hereby amended to read as follows:

    643.177  Any person who owns, manages, operates or controls any barber school, or part thereof : [, shall:]

    1.  Shall:

    (a) Display a sign [at every entrance to] that may be easily seen upon entering the barber school [indicating that barbering is performed by students exclusively;

    2.] on which is printed in bold letters “Work Performed Exclusively by Students”;

    (b) Have at least [two instructors] :

         (1) One instructor on the premises of the barber school at all times if the active enrollment of the school is [20 or more students and at least two] 10 students or less;

         (2) One additional instructor on the premises of the barber school for each 10 students enrolled in the school in excess of 10 students; and

         (3) Two instructors available to provide instruction at all times; [and

    3.] (c) Not allow a student to provide barbering services to members of the general public for more than 7 hours in a day or for more than 5 days in any 7-day period;

    (d) Not advertise that the barber school will charge for barbering services provided to members of the general public by students unless those barbering services are specifically advertised as services provided by students; and

    (e) Comply with all other provisions of this chapter relating to barber schools.

    2.  May charge for barbering services provided to a member of the general public by a student if the student performs those barbering services as part of the required course of study of the barber school.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

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ê2001 Statutes of Nevada, Page 973ê

 

CHAPTER 211, AB 199

Assembly Bill No. 199–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 211

 

AN ACT relating to wildlife; increasing the amount of certain accounts maintained by the division of wildlife of the state department of conservation and natural resources; making various changes regarding the form and period of validity of certain licenses, the fees of license agents and the issuance and possession of certain stamps; authorizing the board of wildlife commissioners to adopt regulations governing the issuance of duplicates of certain licenses; increasing the fee for a state trout stamp and creating a separate account for deposit of the proceeds of the fee; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 501.354 is hereby amended to read as follows:

    501.354  [The] Except as otherwise provided by specific statute, the division shall receive, deposit and expend all money provided by law for the administration of this title and of chapter 488 of NRS, pursuant to the authority contained in NRS 501.356 and in accordance with the commission’s policy.

    Sec. 2.  NRS 501.356 is hereby amended to read as follows:

    501.356  1.  Money received by the division from:

    (a) The sale of licenses;

    (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

    (c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;

    (d) Appropriations made by the legislature; and

    (e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the wildlife heritage trust account pursuant to NRS 501.3575 [,] or in the trout management account pursuant to NRS 502.327,

must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

    2.  The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.

    3.  Except as otherwise provided in subsection 4, the division may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

    4.  Except as otherwise provided in NRS 502.250, 502.310 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the wildlife account pursuant to the provisions of this Title must be accounted for separately and may be used only for the management of wildlife.

    Sec. 3.  NRS 501.361 is hereby amended to read as follows:

    501.361  A petty cash account in the amount of [$300] $1,000 for the payment of minor expenses of the division is hereby created. The account must be kept in the custody of an employee designated by the administrator and must be replenished periodically from the wildlife account in the state general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.


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ê2001 Statutes of Nevada, Page 974 (Chapter 211, AB 199)ê

 

general fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

    Sec. 4.  NRS 501.363 is hereby amended to read as follows:

    501.363  A change account in the amount of [$500] $3,000 is hereby created. The account must be kept in the custody of one or more employees designated by the administrator and used for the making of change incidental to the business of the division.

    Sec. 5.  NRS 502.030 is hereby amended to read as follows:

    502.030  1.  Licenses granting the privilege to hunt, fish or trap as provided in this Title must be of such a form as is deemed necessary by the division, but must include the following information:

    (a) The holder’s name, address and description.

    (b) The date issued.

    (c) The [expiration date thereof.] period of validity.

    (d) The correct designation as to whether a fishing, hunting or trapping license.

    (e) A statement to be signed by the holder: “I, the signator holder in signing this license, hereby state that I am entitled to this license under the laws of the State of Nevada and that no false statement has been made by me to obtain this license.”

    2.  The commission may provide rules and regulations requiring an applicant to exhibit proof of his identity and residence. Such information must be included on the license as is deemed necessary by the division.

    3.  The commission may provide rules and regulations establishing a permanent licensing system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses for residents and the issuance of annual licenses therefrom. The system may provide for the automatic renewal and validation of the annual license.

    4.  The commission may provide regulations covering the method of applying for, the term and expiration date of any license required by this Title to be issued without the payment of a fee.

    Sec. 6.  NRS 502.040 is hereby amended to read as follows:

    502.040  1.  The commission shall adopt regulations regarding:

    (a) The standards to be met by license agents in the performance of their duties;

    (b) The requirements for the furnishing of surety bonds by license agents;

    (c) The manner of remitting money to the division; and

    (d) The manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned.

A license agent’s authority may be revoked by the division for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.

    2.  A license agent designated by the division is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.


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ê2001 Statutes of Nevada, Page 975 (Chapter 211, AB 199)ê

 

    3.  A license agent is responsible to the division for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the division for deposit in accordance with NRS 501.356 of all money collected. The division shall furnish to the license agent receipts for all money which he remits to it. A license agent shall furnish a receipt to the division of all licenses, tags, stamps or permits which he receives from it.

    4.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:

    (a) One dollar for each license, tag or permit, in addition to the fee for the license, tag or permit; and

    (b) Ten cents for each stamp . [or similar document issued which does not require completion by the agent.]

    5.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

    6.  All money collected by a license agent, except service fees collected pursuant to subsection 4, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

    Sec. 7.  NRS 502.090 is hereby amended to read as follows:

    502.090  1.  [All licenses] Each license issued as provided in this chapter [are] is valid, and [authorize] authorizes the person to whom it is issued to hunt, to fish or to trap during open seasons only [on and from the date of issuance of the license until the date of expiration printed thereon.] during the period specified on the license.

    2.  Except as otherwise provided in subsection 3 of NRS 502.015 [,] and unless suspended or revoked, each fishing license, hunting license and combined hunting and fishing license is valid :

    (a) From the date the license is issued until the last day of the next succeeding February; or

    (b) From the first day of March immediately following the date the license is issued until the last day of the next succeeding February [after its issuance.] ,

as specified on the license.

    Sec. 8.  NRS 502.110 is hereby amended to read as follows:

    502.110  1.  Except as otherwise provided in subsection 2, [not] no more than one license of each class may be issued to any one person during each licensing period.

    2.  [If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:

    (a) If the application is made to an authorized agent, the annual fee for the license; or

    (b) If the application is made to the division, a fee of $5.] The commission shall adopt regulations providing for the issuance of a duplicate license to replace an unexpired license that has been lost, stolen or destroyed. The regulations must specify a fee, which must not exceed $10, for the issuance of a duplicate license. A duplicate license has the same effect, and is subject to the same conditions and restrictions, as the license it replaces.


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ê2001 Statutes of Nevada, Page 976 (Chapter 211, AB 199)ê

 

same effect, and is subject to the same conditions and restrictions, as the license it replaces.

    Sec. 9.  NRS 502.300 is hereby amended to read as follows:

    502.300  1.  Except as otherwise provided in subsection 2, it is unlawful for any person to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person [an] :

    (a) An unexpired state duck stamp validated by his signature in ink across the face of the stamp [.] ; or

    (b) Such documentation as the division provides via the Internet as proof that he has paid to the division, for the licensing period that includes the time he is hunting, the same fee as that required pursuant to subsection 3 for the purchase of an unexpired state duck stamp for that period.

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is under the age of 12 years; or

    (b) Is 65 years of age or older.

    3.  Unexpired duck stamps must be sold for a fee of not more than $5 each by the division and by persons authorized by the division to sell hunting licenses. The commission shall establish the price to be charged by the division or agents of the division for expired duck stamps, and the fee for unexpired duck stamps within the limit provided.

    4.  The division shall determine the form of the stamps.

    Sec. 10.  NRS 502.310 is hereby amended to read as follows:

    502.310  All money [from the sale of state duck stamps] received pursuant to NRS 502.300 must be deposited with the state treasurer for credit to the wildlife account in the state general fund. The division shall maintain separate accounting records for the receipt and expenditure of that money . [from the sale of state duck stamps.] An amount not to exceed 10 percent of that money may be used to reimburse the division for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

    Sec. 11.  NRS 502.322 is hereby amended to read as follows:

    502.322  1.  Before the division may undertake any project using money [from the sale of state duck stamps,] received pursuant to NRS 502.300, it shall analyze the project and provide the commission with recommendations as to the need for the project and its feasibility.

    2.  Money [from the sale of state duck stamps] received pursuant to NRS 502.300 must be used for projects approved by the commission for the protection and propagation of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada.

    Sec. 12.  NRS 502.326 is hereby amended to read as follows:

    502.326  1.  Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person [a] :

    (a) An unexpired state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp [.] ; or

    (b) Such documentation as the division provides via the Internet as proof that he has paid to the division, for the licensing period that includes the time he is fishing, the same fee as that required pursuant to subsection 3 for the purchase of a state trout stamp for that period.


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ê2001 Statutes of Nevada, Page 977 (Chapter 211, AB 199)ê

 

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is under the age of 12; or

    (b) Is fishing:

         (1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit; or

         (2) In accordance with regulations adopted by the commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.

    3.  State trout stamps must be sold for a fee of [$5] $10 each by the division and by persons authorized by the division to sell hunting, fishing and trapping licenses.

    4.  The division shall determine the form of the stamps.

    Sec. 13.  NRS 502.327 is hereby amended to read as follows:

    502.327  1.  All money [from the sale of state trout stamps] received pursuant to NRS 502.326 must be deposited with the state treasurer for credit to the [wildlife] trout management account , which is hereby established in the state general fund.

    2.  The interest and income earned on the money in the trout management account, after deducting any applicable charges, must be credited to the account.

    3.  The division shall [maintain] :

    (a) Maintain separate accounting records for the receipt of money pursuant to NRS 502.326 and the expenditure of that money . [from the sale of state trout stamps.]

    (b) Administer the trout management account. The division may use money in the account only for the protection, propagation and management of trout in this state and for any bonded indebtedness incurred therefor.

    Sec. 14.  NRS 502.328 is hereby repealed.

    Sec. 15.  1.  This section and sections 1 to 7, inclusive, and 9 to 14, inclusive, of this act become effective upon passage and approval.

    2.  Section 8 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2001, for all other purposes.

________

 


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ê2001 Statutes of Nevada, Page 978ê

 

CHAPTER 212, AB 201

Assembly Bill No. 201–Assemblymen Smith, Gibbons, Parnell, Leslie, Chowning, Bache, Berman, Brown, Cegavske, Claborn, Collins, de Braga, Giunchigliani, Humke, Koivisto, Lee, Manendo, McClain, Mortenson, Neighbors, Oceguera and Williams

 

CHAPTER 212

 

AN ACT relating to education; requiring the state board of education and the board of trustees of each school district to adopt policies encouraging effective involvement by parents and families in support of their children and the education of their children; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The state board shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this state and individual parents and legal guardians whose children are enrolled in public schools throughout this state, adopt a policy to encourage effective involvement by parents and families in support of their children and the education of their children. The policy adopted by the state board must be considered when the board:

    (a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

    (b) Interacts with school districts, public schools, educational personnel, parents and legal guardians of pupils, and members of the general public in carrying out its duties pursuant to this title.

    2.  The policy adopted by the state board pursuant to subsection 1 must include the following elements and goals:

    (a) Promotion of regular, two-way, meaningful communication between home and school.

    (b) Promotion and support of responsible parenting.

    (c) Recognition of the fact that parents and families play an integral role in assisting their children to learn.

    (d) Promotion of a safe and open atmosphere for parents and families to visit the school that their children attend and active solicitation of parental and familial support and assistance for school programs.

    (e) Inclusion of parents as full partners in decisions affecting their children and families.

    (f) Availability of community resources to strengthen and promote school programs, family practices and the achievement of pupils.

    3.  The board of trustees of each school district shall, in consultation with the state board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement by parents and families in support of their children and the education of their children.


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ê2001 Statutes of Nevada, Page 979 (Chapter 212, AB 201)ê

 

their children and the education of their children. The policies adopted pursuant to this subsection must:

    (a) Be consistent, to the extent applicable, with the policy adopted by the state board pursuant to subsection 1; and

    (b) Include the elements and goals specified in subsection 2.

    4.  The state board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

    Sec. 2.  1.  On or before December 1, 2001, the state board of education shall adopt a policy pursuant to subsection 1 of section 1 of this act.

    2.  On or before March 1, 2002, the board of trustees of each school district shall adopt policies pursuant to subsection 3 of section 1 of this act.

    3.  The policies initially adopted by the state board of education and the board of trustees of each school district pursuant to section 1 of this act must be consistent with the guidelines set forth in National Standards for Parent/Family Involvement Programs, as issued by the National PTA in May 1998.

    Sec. 3.  This act becomes effective on July 1, 2001.

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CHAPTER 213, AB 245

Assembly Bill No. 245–Assemblymen Chowning, Anderson, Arberry, Brown, Carpenter, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Hettrick, Koivisto, Manendo, Marvel, McClain, Neighbors, Nolan, Parks, Perkins and Smith

 

CHAPTER 213

 

AN ACT relating to deceptive trade practices; requiring certain tour brokers and tour operators to make certain disclosures relating to price in an advertisement for a sightseeing tour; prohibiting certain tour brokers and tour operators from charging more for a sightseeing tour than the price disclosed in an advertisement for the tour; requiring certain tour brokers and tour operators to include certain information on a billing invoice or receipt given to a customer for a sightseeing tour; requiring a tour operator to honor in good faith any nonexpired coupon or other indicia of discount or special promotion that the tour operator has issued or caused to be issued; requiring certain tour brokers and tour operators to deposit security with the consumer affairs division of the department of business and industry; authorizing certain consumers to bring and maintain an action to recover against the deposited security; providing for the release of the deposited security within a certain period after the tour broker or tour operator ceases to operate; authorizing the commissioner of the consumer affairs division to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.


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ê2001 Statutes of Nevada, Page 980 (Chapter 213, AB 245)ê

 

    Sec. 3.  “Advertise” and “advertisement” mean the attempt by publication, dissemination, solicitation or circulation to induce, directly or indirectly, any person to take a sightseeing tour.

    Sec. 4.  “Commissioner” means the commissioner of the division.

    Sec. 5.  “Division” means the consumer affairs division of the department of business and industry.

    Sec. 6.  “Sightseeing tour” means an excursion that:

    1.  Has a duration of 24 hours or less;

    2.  Travels to one or more points of interest; and

    3.  Is conducted using one or more means of motorized conveyance, including, without limitation, an airplane, bus, helicopter, tour boat or touring raft.

    Sec. 7.  “Tour broker” means a person who, in this state, advertises a sightseeing tour for a tour operator and collects money from customers for a sightseeing tour.

    Sec. 8.  “Tour operator” means a person who, in this state, engages in the business of providing a sightseeing tour to customers.

    Sec. 9.  1.  In each advertisement for a sightseeing tour, a tour broker and a tour operator shall disclose in a clear and conspicuous manner the total price a customer is required to pay to take the sightseeing tour. Unless the inclusion of a fee or tax in the total price would violate a specific statute of this state or a federal statute or regulation, the total price must include, without limitation, all fees, taxes and other charges that a customer for a sightseeing tour is required to pay to take the sightseeing tour. If a fee or tax cannot be included in the total price because its inclusion would violate a specific statute of this state or a federal statute or regulation, the tour broker or tour operator, as applicable, shall disclose in a clear and conspicuous manner that the fee or tax is not included in the total price and must be paid in addition to the total price.

    2.  A tour broker and a tour operator shall not charge a customer for a sightseeing tour an amount that exceeds the sum of:

    (a) The total price for the sightseeing tour which is disclosed in an advertisement for the sightseeing tour; and

    (b) Any fee or tax that is not included in the total price for the sightseeing tour because its inclusion would violate a specific statute of this state or a federal statute or regulation.

    3.  On a billing invoice or receipt given to a customer for a sightseeing tour, a tour broker and a tour operator shall provide a clear and conspicuous notice which:

    (a) Sets forth the provisions of subsection 2;

    (b) States that complaints concerning the charges for a sightseeing tour may be directed to the division; and

    (c) Provides a telephone number for the division.

    4.  If a tour operator issues or causes to be issued a coupon or other indicia of discount or special promotion, the tour operator shall honor the coupon or other indicia in good faith unless:

    (a) The coupon or other indicia sets forth a date of expiration that is clearly legible; and

    (b) The date of expiration has passed.

    5.  The failure of a tour broker or tour operator to comply with a provision of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.


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ê2001 Statutes of Nevada, Page 981 (Chapter 213, AB 245)ê

 

    Sec. 10.  The provisions of sections 11, 12 and 13 of this act do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is 400,000 or more.

    Sec. 11.  1.  Each tour broker and tour operator shall deposit with the division:

    (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

    (b) An irrevocable letter of credit for which the tour broker or tour operator is the obligor, issued by a bank whose deposits are federally insured; or

    (c) A certificate of deposit in a financial institution which is doing business in this state and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit may be withdrawn only on the order of the commissioner, except that the interest may accrue to the tour broker or tour operator.

    2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

    3.  The amount of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be $10,000.

    4.  If the tour broker or tour operator deposits a bond, the tour broker or tour operator shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The tour broker or tour operator shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

    5.  The commissioner may reject any bond, letter of credit or certificate of deposit that fails to conform to the requirements of this chapter.

    6.  A tour broker or tour operator may change the form of security that he has deposited with the division. If the tour broker or tour operator changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the tour broker or tour operator as security for claims arising during the time the previous security was in effect.

    7.  If the amount of the bond, letter of credit or certificate of deposit falls below the amount required by this section, the tour broker or tour operator shall, within 30 days, increase the amount of the bond, letter of credit or certificate of deposit to the amount required by this section.

    Sec. 12.  1.  The security required to be deposited by a tour broker or tour operator pursuant to section 11 of this act must be held in trust for consumers injured by:

    (a) The bankruptcy of the tour broker or tour operator; or

    (b) The tour broker’s or tour operator’s breach of any agreement entered into in his capacity as a tour broker or tour operator.

    2.  A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

    3.  The division may bring an action for interpleader against all claimants upon the security. If the division brings such an action, the division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the tour broker or tour operator has its principal place of business.


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ê2001 Statutes of Nevada, Page 982 (Chapter 213, AB 245)ê

 

tour broker or tour operator has its principal place of business. The division may deduct its costs of the action, including, without limitation, the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the tour broker or tour operator has posted a bond with the division, the surety is then relieved of all liability under the bond.

    4.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the tour broker or tour operator has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

    Sec. 13.  1.  If no claims have been filed against the security deposited with the division pursuant to section 11 of this act within 6 months after the tour broker or tour operator ceases to operate, the commissioner shall release the security to the tour broker or tour operator and shall not audit any claims filed against the security thereafter by consumers.

    2.  If one or more claims have been filed against the security within 6 months after the tour broker or tour operator ceases to operate, the proceeds must not be released to the tour broker or tour operator or distributed to any consumer earlier than 1 year after the tour broker or tour operator ceases to operate.

    3.  For the purposes of this section, the commissioner shall determine the date on which a tour broker or tour operator ceases to operate.

    Sec. 14.  The commissioner may adopt such regulations as the commissioner determines are necessary to carry out the intent of sections 2 to 14, inclusive, of this act.

    Sec. 15.  NRS 598.0999 is hereby amended to read as follows:

    598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act] session upon a complaint brought by the commissioner, the director, the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act.] session.

    2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, if the court finds that a person has willfully engaged in a deceptive trade practice, the commissioner, the director, the district attorney of any county in this state or the attorney general bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

    3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice, other than a deceptive trade practice described in NRS 598.992:


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ê2001 Statutes of Nevada, Page 983 (Chapter 213, AB 245)ê

 

    (a) For the first offense, is guilty of a misdemeanor.

    (b) For the second offense, is guilty of a gross misdemeanor.

    (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

    5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, and section 1 of Assembly Bill No. 337 of this [act,] session, 598.100 to 598.2801, inclusive, 598.281 to 598.289, inclusive, 598.840 to 598.966, inclusive, sections 2 to 14, inclusive, of this act or 598.992, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

    (a) The suspension of the person’s privilege to conduct business within this state; or

    (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

    Sec. 16.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 214, AB 257

Assembly Bill No. 257–Assemblywoman Von Tobel

 

CHAPTER 214

 

AN ACT relating to the Virgin Valley Water District; revising the term of office of the appointed members of the governing board of the Virgin Valley Water District; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Notwithstanding the provisions of subsection 2 of section 5 of chapter 100, Statutes of Nevada 1993, at page 163, as amended by chapter 266, Statutes of Nevada 1995, at page 444, the term of office of the member appointed to the governing board of the Virgin Valley Water District by:

    1.  The governing body of the town of Bunkerville immediately following the term of office that expires on December 31, 2002, is 1 year; and

    2.  The mayor of the City of Mesquite immediately following the term of office that expires on December 31, 2002, is 3 years.

    Sec. 2.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 984ê

 

CHAPTER 215, AB 267

Assembly Bill No. 267–Assemblymen de Braga, Gibbons, Dini, Cegavske, Anderson, Bache, Berman, Brown, Buckley, Carpenter, Chowning, Claborn, Freeman, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Lee, Manendo, McClain, Mortenson, Neighbors, Oceguera, Parks, Parnell, Price, Smith, Von Tobel and Williams

 

CHAPTER 215

 

AN ACT relating to the National Statuary Hall Collection; providing for the creation of a statue of Sarah Winnemucca for placement in the National Statuary Hall Collection in the United States Capitol; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

    Whereas, In 1864, Congress established The National Statuary Hall in the Old Hall of the House of Representatives in the United States Capitol and authorized each state to contribute two statues of its distinguished citizens to the National Statuary Hall; and

    Whereas, Forty-six states have contributed two statues each of its distinguished citizens and of those 96 statues only 6 are women; and

    Whereas, In 1960, Nevada contributed a statue of United States Senator Patrick A. McCarran to the National Statuary Hall Collection; and

    Whereas, Nevada is one of four states that has only contributed one such statue and is entitled to contribute one additional statue; and

    Whereas, Sarah Winnemucca was born near the Humboldt River in Nevada in 1844; and

    Whereas, Sarah Winnemucca was the daughter of Chief Winnemucca and the granddaughter of the redoubtable Chief Truckee of the Northern Paiute Tribe who led John C. Fremont and his men across the Great Basin to California; and

    Whereas, Sarah was raised and educated in part in the household of Major and Mrs. William Ormsby of Carson City; and

    Whereas, Sarah, before her 14th birthday, had acquired five languages, including three Indian dialects, Spanish and English, and was one of only two Northern Paiutes in Nevada at the time who was able to read, write and speak English; and

    Whereas, Sarah was an intelligent and respected woman who served as an interpreter for the United States Army and the Bureau of Indian Affairs and served as an aide, scout, peacemaker and interpreter for General O. O. Howard during the Bannock War of 1878, in Idaho; and

    Whereas, In 1883, Sarah published Life Among the Paiutes: Their Wrongs and Claims, the first book written and published by a Native American woman; and

    Whereas, Sarah became a tireless spokeswoman for the Northern Paiute Tribe and in 1879, gave more than 300 speeches throughout the United States concerning the plight of her people; and

    Whereas, Sarah established a nongovernmental school for Paiute children near Lovelock, Nevada, that operated for 3 years and became a model for future educational facilities for Native American children; and

    Whereas, Sarah met with President Rutherford B. Hayes and addressed Congress concerning the return of the Northern Paiute Tribe to its homeland in Nevada; and


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ê2001 Statutes of Nevada, Page 985 (Chapter 215, AB 267)ê

 

    Whereas, Sarah, in fighting for justice, peace and equality for all persons represented the highest ideals of America and is hereby recognized as a distinguished citizen of Nevada; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby created a committee for the creation of a statue of Sarah Winnemucca for placement in the National Statuary Hall Collection in the United States Capitol.

    2.  The committee consists of:

    (a) Two members who are representatives of the general public appointed by the Majority Leader of the Senate;

    (b) Two members who are representatives of the general public appointed by the Speaker of the Assembly; and

    (c) Two members who are representatives of the general public appointed by the Governor.

    3.  The committee shall:

    (a) Choose an artist to create the statue; and

    (b) Approve the design of the statue.

    4.  The members of the committee serve without compensation and are not entitled to receive a per diem allowance or travel expenses.

    Sec. 2.  1.  The Department of Museums, Library and Arts shall:

    (a) Provide the clerical and administrative personnel for the committee;

    (b) When sufficient funding is available for this purpose, enter into a contract with the artist chosen by the committee and ensure that the statue is completed in a timely manner; and

    (c) Comply with the provisions established by Congress for placement of the statue in the National Statuary Hall Collection in the United States Capitol.

    2.  The Department of Museums, Library and Arts may accept gifts and grants in support of this project.

    Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 986ê

 

CHAPTER 216, AB 344

Assembly Bill No. 344–Assemblymen Parnell, Gibbons, Smith, de Braga, Bache, Brower, Buckley, Giunchigliani, Lee, Leslie, McClain and Neighbors

 

Joint Sponsor: Senator Amodei

 

CHAPTER 216

 

AN ACT relating to crimes; revising the definition of criminal assault; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 200.471 is hereby amended to read as follows:

    200.471  1.  As used in this section:

    (a) “Assault” means [an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.] intentionally placing another person in reasonable apprehension of immediate bodily harm.

    (b) “Officer” means:

         (1) A person who possesses some or all of the powers of a peace officer;

         (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

         (3) A member of a volunteer fire department;

         (4) A jailer, guard, matron or other correctional officer of a city or county jail; or

         (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph.

    (c) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    (e) “Taxicab driver” means a person who operates a taxicab.

    (f) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

    2.  A person convicted of an assault shall be punished:

    (a) If paragraph (c) of this subsection does not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

    (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (c) If the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê2001 Statutes of Nevada, Page 987 (Chapter 216, AB 344)ê

 

the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    Sec. 2.  Section 1 of Senate Bill No. 31 of this session is hereby amended to read as follows:

    Section 1.  NRS 200.471 is hereby amended to read as follows:

    200.471  1.  As used in this section:

    (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

    (b) “Officer” means:

       (1) A person who possesses some or all of the powers of a peace officer;

       (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

       (3) A member of a volunteer fire department;

       (4) A jailer, guard, matron or other correctional officer of a city or county jail; [or]

       (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph [.] ; or

       (6) An employee of the state or a political subdivision of the state whose official duties require him to make home visits.

    (c) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    (d) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    (e) “Taxicab driver” means a person who operates a taxicab.

    (f) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

    2.  A person convicted of an assault shall be punished:

    (a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

    (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê2001 Statutes of Nevada, Page 988 (Chapter 216, AB 344)ê

 

than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    (d) If the assault is committed upon an officer, a school employee, a taxicab driver or a transit operator who is performing his duty by a probationer, a prisoner who is in lawful custody or confinement or a parolee and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, school employee, taxicab driver or transit operator, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    Sec. 3.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

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

________

 

CHAPTER 217, AB 402

Assembly Bill No. 402–Assemblymen Freeman and Marvel

 

CHAPTER 217

 

AN ACT relating to cemeteries; authorizing the adoption of ordinances in certain counties allowing the designation of family cemeteries; revising the authority and procedure for ordering the disinterment and removal of human remains; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The board of county commissioners of a county whose population is less than 50,000 may adopt an ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned by any of those persons for the interment in that area without charge of any member of the family of any of them or any other person.

    2.  Before the first interment in a family cemetery designated in accordance with an ordinance adopted pursuant to subsection 1, a member of the family or a representative of the family shall notify the health division of the department of human resources of the designation of the family cemetery and its specific location on the land owned by the family.

    Sec. 2.  NRS 451.069 is hereby amended to read as follows:

    451.069  As used in NRS 451.070 to [451.340,] 451.330, inclusive, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the University and Community College System of Nevada or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this state.


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ê2001 Statutes of Nevada, Page 989 (Chapter 217, AB 402)ê

 

    Sec. 3.  NRS 451.070 is hereby amended to read as follows:

    451.070  [The governing body of any incorporated city] A cemetery authority may order the disinterment and removal of all human remains interred in all or any part of any cemetery [situated within its limits, whenever the governing body, by ordinance, declares] if the cemetery authority or a governmental authority determines that the further maintenance of all or any part of the cemetery as a burial place for the human dead is not in accordance with the health, safety, comfort or welfare of the public [.] or if the cemetery authority determines that financial provision must be made for future care of gravesites within a specified area.

    Sec. 4.  NRS 451.080 is hereby amended to read as follows:

    451.080  1.  The [governing body of such a city may in any ordinance ordering or directing the disinterment and removal of such remains] cemetery authority may prescribe reasonable regulations governing the manner of making disinterments and removals and providing for reinterment in a portion of the existing cemetery or in any other cemetery or for deposit of the remains in any memorial mausoleum or columbarium [.] or for providing appropriate future care.

    2.  The [ordinance] cemetery authority must prescribe a reasonable time of not less than 1 year [in] after which the [removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city will itself] cemetery authority may proceed to remove the remains and reinter them in another cemetery or deposit them in a memorial mausoleum or columbarium.

    Sec. 5.  NRS 451.110 is hereby amended to read as follows:

    451.110  1.  Notice of a [declaration of intention] determination to remove the human remains from all or any part of any cemetery [shall] must be given by publication in a newspaper of general circulation published in the city, or the county if the cemetery is in an unincorporated area, in which the cemetery or the portion from which removals are to be made is situated. Publication [shall] must be at least once a week for [2 successive months.] 4 consecutive weeks.

    2.  The notice must specify the period after which the cemetery authority may remove the remains.

    Sec. 6.  NRS 451.260 is hereby amended to read as follows:

    451.260  After the completion of notice and after the expiration of the period [of 10 months] specified in the notice, [any] the cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter such remains in other cemeteries in this state where interments are permitted, without further notice to any person claiming any interest in the cemetery, or portion affected, or in the remains interred therein.

    Sec. 7.  NRS 451.280 is hereby amended to read as follows:

    451.280  Whenever human remains have been ordered removed under the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, and the cemetery authority has made and published notice of [intention] the determination to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged or otherwise encumbered as security for any loan or loans made to the cemetery authority.


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ê2001 Statutes of Nevada, Page 990 (Chapter 217, AB 402)ê

 

    Sec. 8.  NRS 451.310 is hereby amended to read as follows:

    451.310  If, [prior to the adoption of an ordinance pursuant to the provisions of NRS 451.069 to 451.340, inclusive,] before receiving notice of any determination made by a governmental authority pursuant to NRS 451.070, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.

    Sec. 9.  NRS 451.330 is hereby amended to read as follows:

    451.330  After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.069 to [451.340,] 451.330, inclusive, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:

    1.  That all bodies have been removed, or that no interments were made; and

    2.  That the property is no longer used or required for interment.

    Sec. 10.  NRS 451.090, 451.100, 451.120, 451.200, 451.210, 451.220, 451.230, 451.240 and 451.250 are hereby repealed.

________

 

CHAPTER 218, AB 440

Assembly Bill No. 440–Assemblywoman Von Tobel

 

CHAPTER 218

 

AN ACT relating to the Moapa Valley Water District; revising the provisions governing the qualifications and election of members of the governing board of the district; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Section 5 of chapter 477, Statutes of Nevada 1983, as last amended by chapter 175, Statutes of Nevada 1999, at page 886, is hereby amended to read as follows:

    Sec. 5.  1.  The members of the board must be elected at a general district election held in conjunction with the general election of Clark County. The office of a member of the board is nonpartisan. Except as otherwise provided in section 6 of this chapter, each member of the board shall serve a term of 4 years.

    2.  Except as otherwise provided in subsection 4, the election areas for the district must be the election precincts of Moapa-Glendale, Logandale and Overton.

    3.  At the general district election next preceding the expiration of the terms of office of members of the board, there must be elected respective members of the board representing the election areas of the district.


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ê2001 Statutes of Nevada, Page 991 (Chapter 218, AB 440)ê

 

    4.  The board shall adjust the number of representatives or election areas, or both, of the district whenever necessary to ensure, as nearly as practicable, equal representation upon the board for all registered voters residing within the service area.

    Sec. 2.  Section 6 of chapter 477, Statutes of Nevada 1983, as amended by chapter 175, Statutes of Nevada 1999, at page 887, is hereby amended to read as follows:

    Sec. 6.  1.  Each member of the board must:

    (a) [Reside] Actually, as opposed to constructively, reside in the election area represented for at least [6 months before the election at which the member is elected;] 30 days immediately preceding the date of the close of filing of declarations of candidacy as set forth in section 7 of this chapter;

    (b) Be a qualified elector of the election area represented; and

    (c) Take office upon qualification therefor as provided in subsection 2, or on the first Monday in January next following the member’s election, whichever is later, and leave office upon the first Monday in January next following the election of the member’s successor in office.

    2.  Before taking office, each member of the board must qualify by filing with the clerk of Clark County:

    (a) An oath of office taken and subscribed in the manner prescribed by the clerk; and

    (b) A corporate surety bond, at the expense of the district, in an amount determined by the clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.

    3.  A vacancy on the board must be filled by an appointment made by the remaining members of the board. The person so appointed must be , for the 30 days immediately preceding the date of appointment, a resident and elector of the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve until the first Monday in January following the next general district election. If that general district election precedes the expiration of the term of the member whose absence required the appointment, the balance of that term must be filled at that general district election in the same manner as prescribed for the election of other members of the board. If the board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the board of county commissioners of Clark County shall fill the vacancy.

    Sec. 3.  Section 7 of chapter 477, Statutes of Nevada 1983, as amended by chapter 608, Statutes of Nevada 1987, at page 1458, is hereby amended to read as follows:

    Sec. 7.  1.  Unless otherwise required for purposes of an election to incur an indebtedness, the registrar of voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the state , including , but not limited to , laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results , and the preparation and disposition of ballots.


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ê2001 Statutes of Nevada, Page 992 (Chapter 218, AB 440)ê

 

    2.  [At least 60 days before the election, a] A candidate for election to the board shall file a declaration of candidacy with the registrar of voters of Clark County. The declaration of candidacy must be filed not earlier than the first Monday in May of the year in which the election is to be held and not later than 5 p.m. on the third Monday in May of that year. Timely filing of such a declaration is a prerequisite to election.

    3.  Each member of the board must be elected by a plurality of the registered voters voting in the election area which the member represents. If there are two seats upon the board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.

    4.  If a member of the board is unopposed in seeking reelection, the board may declare that member elected without a formal election, but that member must not participate in the declaration.

    5.  If no person files candidacy for election to a particular seat upon the board, the seat must be filled in the manner of filling a vacancy.

    Sec. 4.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 219, AB 446

Assembly Bill No. 446–Assemblymen Perkins, Goldwater and Dini

 

CHAPTER 219

 

AN ACT relating to unarmed combat; authorizing the Nevada athletic commission to require the registration of certain television networks and sanctioning organizations; requiring certain information that must be provided to the commission to be kept confidential; revising the provisions relating to the suspension of a license or permit issued by the commission; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 467 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  1.  “Manager” means a person who:

    (a) Undertakes to represent the interests of another person, by contract, agreement or other arrangement, in procuring, arranging or conducting a professional contest or exhibition in which that person will participate as a contestant;

    (b) Directs or controls the activities of an unarmed combatant relating to the participation of the unarmed combatant in professional contests or exhibitions;

    (c) Receives or is entitled to receive at least 10 percent of the gross purse or gross income of any professional unarmed combatant for services relating to the participation of the unarmed combatant in a professional contest or exhibition; or

    (d) Receives compensation for services as an agent or representative of an unarmed combatant.


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ê2001 Statutes of Nevada, Page 993 (Chapter 219, AB 446)ê

 

    2.  The term does not include an attorney who is licensed to practice law in this state if his participation in any of the activities described in subsection 1 is limited solely to his legal representation of a client who is an unarmed combatant.

    Sec. 3.  “Sanctioning organization” means an organization that sanctions professional contests of unarmed combat in this state.

    Sec. 4.  1.  “Unarmed combatant” means any person who engages in unarmed combat in a contest or exhibition, whether or not the person receives remuneration.

    2.  The term includes, without limitation:

    (a) A contestant; and

    (b) An amateur boxer who:

         (1) Is registered with the United States Amateur Boxing, Inc., or any other amateur organization recognized by the commission; and

         (2) Participates in an amateur boxing contest or exhibition in this state that is registered and sanctioned by the United States Amateur Boxing, Inc., or Golden Gloves of America.

    3.  The term does not include a person who participates in a contest or exhibition that is exempt from the provisions of this chapter.

    Sec. 5.  1.  The commission may require a sanctioning organization or a broadcasting network for television that televises professional contests of unarmed combat in this state to register with the commission before it participates, directly or indirectly, in any professional contest or exhibition of unarmed combat.

    2.  If such registration is required, the commission shall adopt regulations that prescribe, without limitation, the requirements for registration and any fees for registration.

    3.  The commission may require a sanctioning organization or broadcasting network that applies for registration to:

    (a) Pay the costs of the proceedings relating to the issuance of the registration, including, without limitation, investigative costs and attorney’s fees; and

    (b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including, without limitation, investigative costs and attorney’s fees, the commission shall refund the excess amount to the sanctioning organization or broadcasting network upon the completion of the proceedings.

    Sec. 6.  NRS 467.010 is hereby amended to read as follows:

    467.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 467.0101 to 467.0107, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 467.080 is hereby amended to read as follows:

    467.080  1.  The commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received in accordance with such terms and provisions as the commission prescribes.

    2.  Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale.


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ê2001 Statutes of Nevada, Page 994 (Chapter 219, AB 446)ê

 

    3.  The commission may deny an application for such a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the commission.

    4.  Before any license is granted, the applicant must file a bond in an amount fixed by the commission but not less than $10,000, executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance by the applicant of the provisions of this chapter. In lieu of a bond, the applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the commission. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commission’s agency account, which is hereby created in the state agency fund for bonds.

    [4.] 5.  If the commission believes the requirement for a bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.

    [5.  Subsections 3 and 4]

    6.  The provisions of subsections 4 and 5 do not apply to amateur athletic clubs.

    Sec. 8.  NRS 467.1005 is hereby amended to read as follows:

    467.1005  1.  Except as otherwise provided in subsection 2, the commission shall keep confidential:

    (a) Any information that it receives concerning an applicant for the issuance of a license pursuant to this chapter which is declared confidential by law and that is provided to the commission by another governmental entity [; and] or the Association of Boxing Commissions;

    (b) Any information contained in a medical record of such an applicant, if the information is not relevant to the commission in determining whether to grant a license to the applicant [.] ;

    (c) Any information relating to the financial records of an applicant or licensee; and

    (d) Any information required to be disclosed to the commission and kept confidential pursuant to federal law.

    2.  The commission shall reveal the information set forth in subsection 1:

    (a) Upon the lawful order of a court of competent jurisdiction;

    (b) To any person upon the request of the person who is the subject of the information; and

    (c) In the course of the necessary administration of this chapter.

    3.  A person seeking an order of a court of competent jurisdiction for the disclosure of information described in subsection 1 must submit a motion in writing to the court requesting the information. At least 10 days before submitting the motion, the person must provide notice to the commission, the attorney general and all persons who may be affected by the disclosure of the information.


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ê2001 Statutes of Nevada, Page 995 (Chapter 219, AB 446)ê

 

attorney general and all persons who may be affected by the disclosure of the information. [Such] The notice must:

    (a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and

    (b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.

    Sec. 9.  NRS 467.105 is hereby amended to read as follows:

    467.105  1.  Every promoter, in order to present a program of contests or exhibitions of unarmed combat, must obtain a permit from the commission for each program.

    2.  The commission may deny an application for such a permit or grant a limited, restricted or conditional permit for any cause deemed sufficient by the commission.

    3.  The commission shall charge and collect the following fees for a permit to present a program of contests or exhibitions:

 

Permit for a promoter who has no place of business in this state.................................................... $100

Permit for a promoter who has a place of business in this state........................................................ 100

 

The provisions of this subsection do not apply to the presentation of a program of amateur contests or exhibitions of unarmed combat.

    Sec. 10.  NRS 467.113 is hereby amended to read as follows:

    467.113  1.  Any member of the commission may conduct hearings.

    2.  All disciplinary hearings conducted under the provisions of this chapter [shall] must be preceded by a written notice to be served upon the accused at least [30 days prior to] 10 days before the hearing.

    3.  Before any adjudication is rendered, a majority of the members of the commission shall [be required to] examine the record and approve the adjudication and order.

    4.  The commission shall file a written report of its findings, adjudication and order in the record of the proceedings and [shall] send a copy to the accused.

    Sec. 11.  NRS 467.115 is hereby amended to read as follows:

    467.115  1.  The commission, or a quorum of three members thereof, may:

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

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

    (c) Administer oaths and require testimony under oath;

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

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

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


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ê2001 Statutes of Nevada, Page 996 (Chapter 219, AB 446)ê

 

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

    Sec. 12.  NRS 467.117 is hereby amended to read as follows:

    467.117  1.  Each member of the commission or the executive director of the commission may , upon his own motion [,] or upon the verified written [complaint] charge of any person charging a licensee or the holder of a permit with violating any provision of this chapter or the regulations [promulgated thereunder,] adopted pursuant thereto, suspend for a period not exceeding 10 days any license or permit until final determination by the commission [, when] if, in his opinion , the action is necessary to protect the public welfare and the best interests of the sports regulated pursuant to this chapter.

    2.  If a license or permit is suspended pursuant to subsection 1, the commission may, upon written notice to the licensee or holder of the permit and after a hearing, continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit.

    Sec. 13.  NRS 467.156 is hereby repealed.

    Sec. 14.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 220, AB 463

Assembly Bill No. 463–Assemblyman Collins (by request)

 

CHAPTER 220

 

AN ACT relating to animals; clarifying that certain provisions related to riding horses in public places do not apply to police officers while performing their official duties under certain circumstances; revising the definition of “police animal” for provisions concerning cruelty to animals to include an animal which is used, but not owned, by a governmental agency; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 29, 2201]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 202.530 is hereby amended to read as follows:

    202.530  [Every person shall be]

    1.  Except as otherwise provided in subsection 2, a person is guilty of a misdemeanor who [shall:

    1.  Ride or drive] :

    (a) Rides or drives a horse upon a public street or highway in a manner likely to endanger the safety or life of another person on [such] the public street or highway.

    [2.] (b) While riding or driving a horse upon a public street or highway, [create or participate] creates or participates in any noise, disturbance or other demonstration calculated or intended to frighten, intimidate or disturb any person.

    2.  The provisions of this section do not apply to a peace officer who rides or drives a horse while performing his duties as a peace officer if he:


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ê2001 Statutes of Nevada, Page 997 (Chapter 220, AB 463)ê

 

    (a) Is responding to an emergency call or is in pursuit of a suspected violator of the law; or

    (b) Determines that noncompliance with any such provision is necessary to carry out his duties.

    Sec. 2.  NRS 484.331 is hereby amended to read as follows:

    484.331  1.  Where sidewalks are provided , it [shall be] is unlawful for any pedestrian to walk along and upon an adjacent highway.

    2.  Pedestrians walking along highways where sidewalks are not provided shall walk on the left side of [such] those highways facing the approaching traffic.

    3.  A person shall not stand in a highway to solicit a ride or any business from the driver or any occupant of a vehicle. A person shall not, without a permit issued pursuant to NRS 244.3555 or 268.423, solicit any contribution from the driver or any occupant of a vehicle.

    4.  It is unlawful for any pedestrian who is under the influence of intoxicating liquors or any narcotic or stupefying drug to be within the traveled portion of any highway.

    5.  The provisions of this section apply [also] to riders of animals [.] , except that the provisions of subsections 1, 2 and 3 do not apply to a peace officer who rides an animal while performing his duties as a peace officer.

    6.  A person who violates the provisions of this section is guilty of a misdemeanor.

    Sec. 3.  NRS 574.050 is hereby amended to read as follows:

    574.050  As used in NRS 574.050 to 574.200, inclusive:

    1.  “Animal” does not include the human race, but includes every other living creature.

    2.  “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

    3.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

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

________

 


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ê2001 Statutes of Nevada, Page 998ê

 

CHAPTER 221, AB 488

Assembly Bill No. 488–Committee on Health and Human Services

 

CHAPTER 221

 

AN ACT relating to emergency medical services; providing for the issuance in certain counties of permits authorizing fire-fighting agencies to transport sick or injured persons to medical facilities; providing for the adoption of ordinances governing the imposition and collection of certain fees by those fire-fighting agencies; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons while transporting those persons to a medical facility.

    2.  Except as otherwise provided in subsection 9 of NRS 450B.200, the county or district board of health in a county whose population is 400,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.

    Sec. 2.  NRS 450B.040 is hereby amended to read as follows:

    450B.040  “Ambulance” means a motor vehicle which is specially designed, constructed, equipped and staffed to provide basic, intermediate or advanced care for one or more:

    1.  Sick or injured persons; or

    2.  Persons whose medical condition may require special observation during transportation or transfer [.] ,

including, without limitation, such a vehicle of a fire-fighting agency.

    Sec. 3.  NRS 450B.072 is hereby amended to read as follows:

    450B.072  “Fire-fighting agency” means a fire department or fire protection district of the state or a political subdivision which holds a permit [authorizing it to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency. This ] issued pursuant to this chapter. The term does not include a person or governmental entity , other than a governmental entity to whom a permit is issued in accordance with the provisions of section 1 of this act, which provides transportation of [those] sick or injured persons to a medical facility.

    Sec. 4.  NRS 450B.100 is hereby amended to read as follows:

    450B.100  “Permit” means the permit issued by the health authority under the provisions of this chapter to:

    1.  A person, agency of the state or political subdivision to own or operate an ambulance or air ambulance in the State of Nevada; or

    2.  A fire-fighting agency to provide intermediate or advanced medical care [at] to sick or injured persons:

    (a) At the scene of an emergency [.] ; or


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ê2001 Statutes of Nevada, Page 999 (Chapter 221, AB 488)ê

 

    (b) At the scene of an emergency and while transporting those persons to a medical facility.

    Sec. 5.  NRS 450B.240 is hereby amended to read as follows:

    450B.240  1.  A person or governmental entity shall not engage in the operation of any ambulance or air ambulance service in this state without a currently valid permit for that service issued by the health authority.

    2.  A fire-fighting agency shall not provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility without a currently valid permit for that care issued by the health authority.

    Sec. 6.  NRS 450B.250 is hereby amended to read as follows:

    450B.250  Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a fireman shall not provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility unless he holds a currently valid license issued by the health authority under the provisions of this chapter.

    Sec. 7.  NRS 450B.260 is hereby amended to read as follows:

    450B.260  1.  Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.

    2.  An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection 6 of NRS 450B.160, except as otherwise provided in subsection 5 or in geographic areas which may be designated by the board and for which the board may prescribe lesser qualifications.

    3.  An air ambulance carrying a sick or injured patient must be occupied by a licensed attendant, or a person exempt from licensing pursuant to subsection 6 of NRS 450B.160, in addition to the pilot of the aircraft.

    4.  The pilot of an air ambulance is not required to have a license under this chapter.

    5.  A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide intermediate or advanced medical care [at] to sick or injured persons:

    (a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care [.] ; or

    (b) While transporting those persons to a medical facility unless at least two persons in the vehicle are licensed to provide the care.

    Sec. 8.  NRS 244.2961 is hereby amended to read as follows:

    244.2961  1.  The board of county commissioners may by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

    (a) Organize, regulate and maintain the fire department.

    (b) Appoint and prescribe the duties of the fire chief.

    (c) Designate arson investigators as peace officers.


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ê2001 Statutes of Nevada, Page 1000 (Chapter 221, AB 488)ê

 

    (d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this paragraph that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.

    (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

    (f) Include the budget of the district in the budget of the county.

    (g) Hold meetings of the governing body of the district in conjunction with the meetings of the board of county commissioners without posting additional notices of the meetings within the district.

    2.  If the fire department transports sick or injured persons to a medical facility, the board of county commissioners shall adopt:

    (a) An ordinance:

         (1) Requiring the fire department to defray the expenses of furnishing such transportation by imposing and collecting fees; and

         (2) Establishing a schedule of such fees; or

    (b) An ordinance prohibiting the imposition and collection of any fees for such transportation.

    3.  The other officers and employees of the county shall perform duties for the district that correspond to the duties they perform for the county.

    [3.] 4.  All persons employed to perform the functions of the fire department are employees of the county for all purposes.

    Sec. 9.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 222, AB 491

Assembly Bill No. 491–Assemblymen Humke, Beers, Brower, Buckley, Hettrick, Leslie and Parks

 

CHAPTER 222

 

AN ACT relating to professions; authorizing an optometrist to collaborate with an ophthalmologist under certain conditions; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

    An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, regarding one or more surgical procedures if:

    1.  The collaborating parties prepare and maintain in their respective medical records regarding the patient, written documentation of each procedure and other service performed by each collaborating party which includes the date each procedure and other service is performed;

    2.  The fixed fee is divided between the collaborating parties in proportion to the services personally performed by each of them; and


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ê2001 Statutes of Nevada, Page 1001 (Chapter 222, AB 491)ê

 

    3.  The collaborating parties provide to the patient and maintain in their respective medical records regarding the patient, a written document, signed by each of the collaborating parties and the patient, containing:

    (a) The name, business address and telephone number of each of the collaborating parties;

    (b) The amount of the fixed fee for the procedures and services;

    (c) The proportion of that fee to be received by each collaborating party;

    (d) A statement, signed by the patient and a witness who is not one of the collaborating parties, that the patient voluntarily, knowingly and willingly desires the performance of the postoperative care by the collaborating optometrist;

    (e) A statement that the patient is entitled to return to the collaborating ophthalmologist for postoperative care at any time after the surgery; and

    (f) A statement which:

         (1) Indicates that the practice of optometry and ophthalmology are respectively regulated by the Nevada state board of optometry and the board of medical examiners; and

         (2) Contains the address and telephone number of each of those boards.

    Sec. 2.  NRS 636.301 is hereby amended to read as follows:

    636.301  The following acts, among others, constitute unethical or unprofessional conduct:

    1.  Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.

    2.  Division of fees or any understanding or arrangement with any person who is not an optometrist or a health maintenance organization [.] , unless in accordance with section 1 of this act.

________

 

CHAPTER 223, AB 501

Assembly Bill No. 501–Committee on Ways and Means

 

CHAPTER 223

 

AN ACT relating to education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.181 is hereby amended to read as follows:

    482.181  1.  Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental governmental services taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

    2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.


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ê2001 Statutes of Nevada, Page 1002 (Chapter 223, AB 501)ê

 

    3.  The distribution of the basic governmental services tax within a county must be made to local governments, special districts and enterprise districts pursuant to the provisions of NRS 360.680 and 360.690. The distribution of the basic governmental services tax must be made to the county school district within the county before the distribution of the basic governmental services tax pursuant to the provisions of NRS 360.680 and 360.690 and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if , in any fiscal year, the sum of the rate attributable to a district’s debt service in [any] that fiscal year and any rate levied for capital projects pursuant to NRS 387.3285 in that fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

    4.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

    5.  The department shall make distributions of the basic governmental services tax directly to county school districts.

    6.  As used in this section:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

    (c) “Special district” has the meaning ascribed to it in NRS 360.650.

    Sec. 2.  1.  The amendatory provisions of section 1 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a local government, special district or enterprise district, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.

    2.  As used in this section:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

    (c) “Special district” has the meaning ascribed to it in NRS 360.650.

________

 


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ê2001 Statutes of Nevada, Page 1003ê

 

CHAPTER 224, AB 536

Assembly Bill No. 536–Committee on Government Affairs

 

CHAPTER 224

 

AN ACT relating to the secretary of state; authorizing the secretary of state to appoint an executive assistant and certain deputies and authorizing such persons to perform certain duties; limiting the number of deputies the secretary of state may appoint; changing the scope of duties the deputies may perform; removing the requirement that the administrator of the securities division of the office of the secretary of state be a deputy of the secretary of state; providing that the administrator of the securities division is in the classified service of the state; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 225.060 is hereby amended to read as follows:

    225.060  1.  The secretary of state may, under his hand and seal, appoint an executive assistant, a chief deputy, a deputy of commercial recordings, a deputy of elections and not more than two additional deputies in the unclassified service of the state [, who may, during his absence from the office,] as he may deem necessary to perform fully the duties of his office. The chief deputy, deputy of commercial recordings, deputy of elections and any other deputies so appointed may perform all the duties [of a ministerial nature belonging to the office.] required of the secretary of state.

    2.  For his own security, the secretary of state may require each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.

    3.  Except as otherwise provided in NRS 284.143, [such deputies] the persons appointed pursuant to subsection 1 shall devote their entire time and attention to the business of their offices and shall not pursue any other businesses or occupations or hold any other office of profit.

    Sec. 2.  NRS 225.170 is hereby amended to read as follows:

    225.170  1.  There is hereby created within the office of the secretary of state a securities division. The secretary of state shall appoint [a deputy as] an administrator of the division. The [position of the deputy is unclassified and is in addition to the two unclassified positions in the office of the secretary of state authorized by subsection 3 of NRS 284.140.] administrator of the division is in the classified service of the state.

    2.  The secretary of state may, alternatively:

    (a) Use the services of an assigned deputy attorney general as legal counsel for the division.

    (b) Appoint an attorney as legal counsel for the division. If appointed, he is in the unclassified service of the state.

    (c) Contract for services to be rendered by such other legal counsel as are needed for assistance in administering chapter 90 of NRS.

    3.  Each of the legal counsel must be an attorney admitted to practice law in Nevada.

    Sec. 3.  The secretary of state shall not underfill, fail to fill or otherwise compromise a position of employment in the classified service of the state that exists in the office of the secretary of state on July 1, 2001, as a result of or for the purpose of creating a new position of deputy in the unclassified service of the state pursuant to the amendatory provisions of this act, during the fiscal years 2001-2002 and 2002-2003.


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ê2001 Statutes of Nevada, Page 1004 (Chapter 224, AB 536)ê

 

or for the purpose of creating a new position of deputy in the unclassified service of the state pursuant to the amendatory provisions of this act, during the fiscal years 2001-2002 and 2002-2003.

    Sec. 4.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 225, AB 563

Assembly Bill No. 563–Committee on Government Affairs

 

CHAPTER 225

 

AN ACT relating to public employees; authorizing an additional deferred compensation plan for state employees and employees of political subdivisions; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 287.270 is hereby amended to read as follows:

    287.270  “Deferred compensation” means income which a state employee or employee of the University and Community College System of Nevada may legally set aside under the program, which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k), 403(b) or 457 and which [,] income, while invested under the program, is exempt from federal income taxes on the employee’s contributions and interest, dividends and capital gains.

    Sec. 2.  NRS 287.320 is hereby amended to read as follows:

    287.320  1.  The state may agree with any of its employees, and the board of regents of the University of Nevada may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the committee [and as] which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k), 403(b) or 457. The board of regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. § 403(b) without submitting the program to the committee for its approval. An employee may defer compensation under one or more plans in the program.

    2.  The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.

    3.  The employer may invest the withheld money in any investment approved by the committee or, in the case of deferred compensation under 26 U.S.C. § 403(b) for employees of the University and Community College System of Nevada , by the board of regents of the University of Nevada.

    4.  The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.

    5.  All amounts of compensation deferred pursuant to the program, all property and all rights purchased with those amounts and all income attributable to those amounts, property or rights must, in accordance with 26 U.S.C. § 401(a) or 457(g), as applicable, be held in trust for the exclusive benefit of the participants in the program and their beneficiaries.


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ê2001 Statutes of Nevada, Page 1005 (Chapter 225, AB 563)ê

 

    Sec. 3.  NRS 287.340 is hereby amended to read as follows:

    287.340  1.  Deferrals of compensation may be withheld as deductions from the payroll in accordance with the agreement between the employer and a participating employee.

    2.  The amount of deferred compensation set aside by the employer to a plan under the program during any calendar year may not exceed the amount authorized by 26 U.S.C. § 401(a), 401(k), 403(b) or 457 [.] , as applicable.

    Sec. 4.  NRS 287.350 is hereby amended to read as follows:

    287.350  1.  No plan in the program becomes effective and no deferral may be made until the [program] plan meets the requirements of 26 U.S.C. § 401(a), 401(k), 403(b) or 457 , as applicable, for eligibility.

    2.  Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed when paid to the employee.

    Sec. 5.  NRS 287.401 is hereby amended to read as follows:

    287.401  “Deferred compensation” means income which an employee of a political subdivision may legally set aside under the program, which may consist of one or more plans authorized by 26 U.S.C. § 401(a), 401(k) or 457 and which [,] income, while invested under the program, is exempt from federal income taxes on the employee’s contributions and interest, dividends and capital gains.

    Sec. 6.  NRS 287.420 is hereby amended to read as follows:

    287.420  1.  A political subdivision may agree with any of its employees to defer the compensation due to them in accordance with a program approved by the committee [and as] which may consist of one or more plans authorized by 26 U.S.C. § 401(a) or 457. An employee may defer compensation under one or more plans in the program.

    2.  The political subdivision shall withhold the amount of compensation which an employee has, by such an agreement, directed the political subdivision to defer.

    3.  The political subdivision may invest the withheld money in any investment permitted by law and approved by the committee.

    4.  The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.

    Sec. 7.  NRS 287.430 is hereby amended to read as follows:

    287.430  1.  The governing body of a political subdivision may create an appropriate fund for administration of money and other assets resulting from compensation deferred under the program.

    2.  All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights must, in accordance with 26 U.S.C. § 401(a) or 457(g), as applicable, be held in trust for the exclusive benefit of the participants in the program and their beneficiaries.

    Sec. 8.  NRS 287.450 is hereby amended to read as follows:

    287.450  1.  Deferrals of compensation may be withheld as payroll deductions in accordance with the agreement between the political subdivision and a participating employee.

    2.  The amount of deferred compensation set aside by the political subdivision to a plan under the program during any calendar year may not exceed the amount authorized by 26 U.S.C. § 401(a) or 457 [.]


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ê2001 Statutes of Nevada, Page 1006 (Chapter 225, AB 563)ê

 

exceed the amount authorized by 26 U.S.C. § 401(a) or 457 [.] , as applicable.

    Sec. 9.  NRS 287.460 is hereby amended to read as follows:

    287.460  1.  No plan in the program becomes effective and no deferral may be made until the [program] plan meets the requirements of 26 U.S.C. § 401(a) or 457 , as applicable, for eligibility.

    2.  Income deferred during a period in which no income tax is imposed by the state or a political subdivision may not be taxed when paid to the employee.

    Sec. 10.  This act becomes effective upon passage and approval.

________

 

CHAPTER 226, AB 576

Assembly Bill No. 576–Committee on Judiciary

 

CHAPTER 226

 

AN ACT relating to judgments; clarifying the circumstances under which the enforcement of a foreign judgment may be stayed; prescribing the amount of a bond to secure the stay of execution of certain judgments pending appeal; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

    Whereas, The money paid to this state pursuant to the Master Settlement Agreement entered into between this state and tobacco product manufacturers contributes substantially to the funds available to this state to provide essential health services, education services and other human services; and

    Whereas, It is critical that the legislature take action to ensure that the money available for these services not be unnecessarily diverted by reason of unrelated civil actions against tobacco product manufacturers; and

    Whereas, The legislature may take steps to protect the interest of this state in revenue available pursuant to the Master Settlement Agreement without unduly burdening the interests of other claimants; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 17.370 is hereby amended to read as follows:

    17.370  1.  If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

    2.  If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state [.]


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ê2001 Statutes of Nevada, Page 1007 (Chapter 226, AB 576)ê

 

in this state [.] , including, without limitation, security determined pursuant to section 2 of this act, if applicable.

    Sec. 2.  Chapter 20 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, if an appeal is taken of a judgment in a civil action in which an appellant described in subsection 3 is required to give a bond in order to secure a stay of execution of the judgment during the pendency of the appeal, the amount of the bond must not exceed $50,000,000.

    2.  If the plaintiff proves by a preponderance of evidence that the appellant who posted the bond pursuant to subsection 1 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may enter such orders as are necessary to prevent such dissipation or diversion, including, without limitation, requiring that a bond be posted in an amount equal to the full amount of the judgment.

    3.  The provisions of this section apply only to civil litigation involving a signatory or a successor in interest of a signatory of the Master Settlement Agreement, as the term is defined in NRS 370A.070.

    4.  The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law.

    Sec. 3.  The amendatory provisions of this act apply to all actions pending or filed on or after the effective date of this act.

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

________

 

CHAPTER 227, AB 622

Assembly Bill No. 622–Committee on Commerce and Labor

 

CHAPTER 227

 

AN ACT relating to certified court reporters; requiring court reporting firms to be licensed by the certified court reporters’ board of Nevada before engaging in business in this state; expanding the regulatory authority of the board; increasing certain fees that are required to be collected by the board; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 29, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 656 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

    Sec. 2.  1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which might indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the board.

    2.  Each applicant for a license as a court reporting firm shall file an application with the executive secretary or chairman of the board on a form prescribed by the board.

    3.  The application must:


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ê2001 Statutes of Nevada, Page 1008 (Chapter 227, AB 622)ê

 

    (a) Include the social security number and federal identification number of the applicant;

    (b) Be accompanied by the statement required pursuant to NRS 656.155; and

    (c) Be accompanied by the required fee.

    4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

    Sec. 3.  1.  A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the board:

    (a) An application for renewal on a form prescribed by the board;

    (b) The statement required pursuant to NRS 656.155; and

    (c) The required fee for renewal.

    2.  A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

    (a) Complies with the provisions of subsection 1; and

    (b) Submits to the board the required fee for reinstatement.

    Sec. 4.  The board may refuse to issue or renew or may suspend or revoke a license if, after notice and a hearing, the board determines that the licensee has committed any of the acts set forth in NRS 656.240 or 656.250.

    Sec. 5.  If the board refuses to renew or suspends or revokes a license or certificate, it may order the holder of the license or certificate to pay all costs and attorney’s fees incurred by the board relating to its action.

    Sec. 6.  1.  The board may:

    (a) Develop and conduct programs of continuing education relating to the practice of court reporting.

    (b) Charge and collect a reasonable fee from persons who attend such a program.

    2.  The board shall not refuse to renew or restore the certificate of a court reporter who does not attend such a program but who otherwise complies with the requirements for continuing education prescribed by the board.

    Sec. 7.  NRS 656.030 is hereby amended to read as follows:

    656.030  As used in this chapter [:] , unless the context otherwise requires:

    1.  “Board” means the certified court reporters’ board of Nevada.

    2.  “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

    3.  “Court reporter” means a person who is technically qualified and registered under this chapter to practice court reporting.

    4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters.

    5.  “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

    6.  “Practice of court reporting” means reporting by the use of any system of manual or mechanical shorthand writing:

    (a) Grand jury proceedings;

    (b) Court proceedings;

    (c) Pretrial examinations, depositions, motions and related proceedings of like character; or


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ê2001 Statutes of Nevada, Page 1009 (Chapter 227, AB 622)ê

 

    (d) Proceedings of an administrative agency if the final decision of the agency with reference thereto is subject to judicial review.

    [5.] 7.  “Stenographic notes” [mean] means the original manually or mechanically produced notes in shorthand or shorthand writing taken by a court reporter while in attendance at a proceeding to report the proceeding.

    Sec. 8.  NRS 656.120 is hereby amended to read as follows:

    656.120  The board shall:

    1.  Adopt a seal which [shall] must be affixed to all licenses and certificates issued by the board.

    2.  Charge and collect from all applicants for licenses and certificates the fees provided for in this chapter.

    3.  Charge and collect from all persons renewing licenses and certificates the renewal fees provided for in this chapter.

    Sec. 9.  NRS 656.130 is hereby amended to read as follows:

    656.130  1.  The board may by a majority vote suspend or revoke a license or certificate for any cause specified in this chapter.

    2.  The board may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.

    3.  The board may adopt such regulations as are necessary to carry out the provisions of this chapter.

    Sec. 10.  NRS 656.155 is hereby amended to read as follows:

    656.155  1.  An applicant for the issuance or renewal of a license or certificate shall submit to the board the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The board shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

    (b) A separate form prescribed by the board.

    3.  A license or certificate may not be issued or renewed by the board if the applicant:

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

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 11.  NRS 656.200 is hereby amended to read as follows:

    656.200  1.  To renew a certificate of registration , a court reporter must:

    (a) Apply to the board for renewal;

    (b) Submit the statement required pursuant to NRS 656.155;

    (c) Pay the annual renewal fee prescribed by the board; and

    (d) Submit evidence to the board of his completion of the requirements for continuing education established by the board.


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ê2001 Statutes of Nevada, Page 1010 (Chapter 227, AB 622)ê

 

    2.  The board shall adopt regulations requiring court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a court reporter fails to comply with the requirements, the board may suspend or revoke his certificate.

    3.  The failure of any court reporter to submit the statement required pursuant to NRS 656.155 or pay in advance the annual renewal fee which may be fixed by the board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporter’s right to engage in the practice of court reporting. The suspension must not be terminated until the statement has been submitted and all delinquent fees have been paid.

    4.  A court reporter whose certificate of registration has been suspended because of his failure to submit the statement or pay the renewal fee:

    (a) May within 2 years thereafter have his certificate reinstated without examination upon submission of the statement and payment of the fees set forth in paragraph (e) of subsection [5] 1 of NRS 656.220.

    (b) While he was on active military duty or in training before induction, may have his certificate renewed without payment of any fee if he files an application for renewal, the statement required pursuant to NRS 656.155 and an affidavit of such service with the board within 2 years after the termination of the service.

    Sec. 12.  NRS 656.220 is hereby amended to read as follows:

    656.220  1.  The fees required by this chapter are fixed by the following schedule:

    [1.] (a) The fee for filing an application for an examination [is $50.

    2.] must be fixed by the board annually at not more than $250 and not less than $90.

    (b) The fee for the original issuance of a certificate must be fixed by the board annually at not more than [$100] $150 and not less than [$50.

    3.] $100.

    (c) For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The board may by regulation provide for the waiver or refund of the initial certificate fee if the certificate is issued less than 45 days before the date on which it will expire.

    [4.] (d) The annual renewal fee for a certificate must be fixed by the board annually at not more than [$100] $150 and not less than [$50.] $100. Every holder of a certificate desiring renewal must pay the annual renewal fee to the board on or before May 15 of each year.

    [5.] (e) For the renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee [of $25.] that must be fixed by the board annually at not more than $75 and not less than $50.

    (f) The fee for the original issuance of a license as a court reporting firm is $150.

    (g) The fee for the annual renewal of a license as a court reporting firm is $150.


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ê2001 Statutes of Nevada, Page 1011 (Chapter 227, AB 622)ê

 

    (h) The fee for the reinstatement of a license as a court reporting firm is $150.

    2.  In addition to the fees set forth in subsection 1, the board may charge and collect a fee for any other service it provides. The fee must not exceed the cost incurred by the board to provide the service.

    Sec. 13.  NRS 656.255 is hereby amended to read as follows:

    656.255  1.  If the board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or certificate issued pursuant to this chapter, the board shall deem the license or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The board shall reinstate a license or certificate issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    Sec. 14.  NRS 656.260 is hereby amended to read as follows:

    656.260  1.  A holder of a license or certificate [must] shall notify the chairman or executive secretary of the board in writing within 30 days after changing his name or address.

    2.  If a court reporting firm is a partnership or corporation, any change of partners or corporate officers must be reported to the chairman or executive secretary within 30 days after the change.

    3.  The board may suspend or revoke [his] a license or certificate if [he] the holder thereof fails so to notify the board.

    Sec. 15.  NRS 656.270 is hereby amended to read as follows:

    656.270  The entry of a decree by a court of competent jurisdiction establishing the mental illness of any person holding a license or certificate under this chapter operates as a suspension of [such] the license or certificate. Such a person may resume his business or practice only upon a finding by the board that the holder of [such] the license or certificate has been determined to be recovered from mental illness by a court of competent jurisdiction and upon the board’s recommendation that [such] the holder be permitted to resume his business or practice.

    Sec. 16.  NRS 656.280 is hereby amended to read as follows:

    656.280  1.  The board may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for refusal, suspension or revocation as set forth in NRS 656.240 to 656.270, inclusive, and section 4 of this act investigate the actions of any person who applies for, or holds or represents that he holds a license or certificate. Such a person is in this section and in NRS 656.290 called the accused.


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ê2001 Statutes of Nevada, Page 1012 (Chapter 227, AB 622)ê

 

    2.  The board shall, before refusing to issue, suspending or revoking any license or certificate, notify the accused in writing of any charges made. The notice must be served by delivery personally to the accused, or by mailing by registered or certified mail to the last known place of business of the accused.

    3.  The time set in the notice must not be less than 10 nor more than 30 days after delivery or mailing.

    4.  The board may continue the hearing from time to time.

    Sec. 17.  NRS 656.290 is hereby amended to read as follows:

    656.290  1.  The board may subpoena and bring before it any person in this state and take testimony orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this state.

    2.  Any district court, upon the application of the accused or complainant or of the board may, by order, require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relative to the application for or refusal, recall, suspension or revocation of a license or certificate, and the court may compel obedience to its order by proceedings for contempt.

    3.  The board [, at its expense,] shall provide a court reporter to transcribe the testimony and preserve a record of all proceedings at the hearing of any case wherein a license or certificate is revoked or suspended. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the board and its orders constitute the record of the proceedings. The board shall furnish a transcript of the record to any person interested in the hearing upon payment therefor of the statutory fees for transcription as provided in NRS 3.370.

    4.  At any time after the suspension or revocation of any license or certificate, the board may restore it to the accused without examination upon unanimous vote by the board.

    Sec. 18.  NRS 656.300 is hereby amended to read as follows:

    656.300  1.  The practice of court reporting by any person who has not been issued a certificate or whose certificate has been suspended or revoked , or conducting a business as a court reporting firm without first obtaining a license therefor or with a suspended or revoked license, is hereby declared to be inimical to public health and welfare and to constitute a public nuisance. The attorney general of the State of Nevada, the district attorney of any county in the state or any resident may maintain an action in the name of the State of Nevada perpetually to enjoin any person from so unlawfully practicing court reporting , or unlawfully conducting business as a court reporting firm, and from doing, committing or continuing such an unlawful act.

    2.  In all proceedings under this section , the court may apportion the costs among the parties interested in the suit, including the costs of filing the complaint, service of process, witness fees and expenses, charges for a court reporter and reasonable attorney’s fees.

    3.  The proceeding authorized by this section is in addition to and not in lieu of criminal prosecutions or proceedings to revoke or suspend licenses or certificates as authorized by this chapter.

 

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