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κ2003 Statutes of Nevada, Page 2793κ

 

CHAPTER 452, SB 193

Senate Bill No. 193–Senator Schneider

 

CHAPTER 452

 

AN ACT relating to industrial insurance; clarifying the coverage of industrial insurance for members of the Nevada Legislature; extending the coverage of industrial insurance for employees of school districts who engage in an athletic or social event under certain circumstances; providing for a one-time payment to certain claimants and dependents of claimants who are receiving compensation for a permanent total disability; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616A.185 is hereby amended to read as follows:

      616A.185  For the purposes of chapters 616A to 616D, inclusive, of NRS:

      1.  A member of the Nevada Legislature shall be deemed [for the purposes of chapters 616A to 616D, inclusive, of NRS] to be an employee of the State during his term of office at the wage of $2,000 per month and is entitled to the benefits of those chapters.

      2.  Except as otherwise provided in this subsection and subsection 1 of NRS 616A.265, any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of his employment as a Legislator if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to his legislative office or his public service as a Legislator, whether or not he was receiving remuneration from the State for performing the act or engaging in the event at the time of the injury. The provisions of this subsection do not apply to any injury sustained by a member of the Nevada Legislature if, at the time of the injury, he was performing any act or was engaging in any event that was reasonably related to a political campaign for any legislative or other elective office.

      Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

      616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. [Any] Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

      2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

      (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.


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κ2003 Statutes of Nevada, Page 2794 (Chapter 452, SB 193)κ

 

      (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

      (c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

             (1) Upon battery by an offender; or

             (2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (d) If a police officer or a salaried or volunteer fireman tests positive for exposure to tuberculosis under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained an injury by accident arising out of and in the course of his employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or fireman.

      3.  Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his employment, whether or not the employee received remuneration for participation in the event, if:

      (a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district;

      (b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and

      (c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.

      Sec. 3.  1.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability for which a final determination was made before January 1, 1996, the claimant or dependent is entitled to a single payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 4.

      2.  As soon as practicable after the effective date of this act, the Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount that, as determined by the Administrator, is required to obtain a total of $500,000. As soon as practicable after determining that amount, the Administrator shall submit to each insurer assessed pursuant to this subsection a written notice setting forth the amount of the assessment. Within 90 days after receiving the written notice, the insurer shall remit the assessment to the Administrator.


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κ2003 Statutes of Nevada, Page 2795 (Chapter 452, SB 193)κ

 

assessment to the Administrator. Any money collected by the Administrator from the assessment must be accounted for separately by the Administrator.

      3.  An insurer who pays an assessment pursuant to this section shall charge and collect from each policyholder of the insurer a fee to cover the amount of the assessment. Such a fee is in addition to any premium charged to the policyholder for industrial insurance and must not be included in the amount of any such premium. The insurer shall bill the policyholder separately for the fee or include the fee as a separate charge on the policy.

      4.  The Administrator shall adopt regulations establishing a method for the equitable distribution of the money collected from the assessment pursuant to this section. The regulations must provide for payments that result in the largest proportional share of the money collected from the assessment being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section.

      5.  The Administrator shall make the payment required by this section to each claimant and dependent who is entitled to the payment not later than July 1, 2004. Any payment received by a claimant or dependent pursuant to this section is in addition to any compensation to which the claimant or dependent is otherwise entitled by law.

      6.  If any words and terms used in this section are defined in NRS 616A.030 to 616A.360, inclusive, such words and terms must be given the meanings ascribed to them in NRS 616A.030 to 616A.360, inclusive. The provisions of this section must be interpreted and enforced by the Administrator as if they were part of chapters 616A to 617, inclusive, of NRS.

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

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CHAPTER 453, SB 210

Senate Bill No. 210–Committee on Finance

 

CHAPTER 453

 

AN ACT relating to education; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.512 is hereby amended to read as follows:

      391.512  1.  The Clark County School District, Douglas County School District, Elko County School District and Washoe County School District shall each establish and operate a [regional] :

      (a) Regional training program for the professional development of teachers and administrators.


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κ2003 Statutes of Nevada, Page 2796 (Chapter 453, SB 210)κ

 

      (b) Nevada Early Literacy Intervention Program through the regional training program established pursuant to paragraph (a).

      2.  Except as otherwise provided in subsection 6, the regional training program established by the Clark County School District must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Clark County;

      (b) Esmeralda County;

      (c) Lincoln County; and

      (d) Nye County.

      3.  Except as otherwise provided in subsection 6, the regional training program established by the Douglas County School District must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Carson City;

      (b) Churchill County;

      (c) Douglas County;

      (d) Lyon County; and

      (e) Mineral County.

      4.  Except as otherwise provided in subsection 6, the regional training program established by the Elko County School District must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Elko County;

      (b) Eureka County;

      (c) Lander County;

      (d) Humboldt County; and

      (e) White Pine County.

      5.  Except as otherwise provided in subsection 6, the regional training program established by the Washoe County School District must primarily provide services to teachers and administrators who are employed by school districts in:

      (a) Pershing County;

      (b) Storey County; and

      (c) Washoe County.

      6.  Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.

      Sec. 2.  NRS 391.516 is hereby amended to read as follows:

      391.516  1.  The Statewide Council for the Coordination of the Regional Training Programs, consisting of [eight] nine members, is hereby created. The membership of the Council consists of:

      (a) Each coordinator appointed by the governing body of each regional training program pursuant to NRS 391.532 . [; and]

      (b) One member of the governing body of each regional training program, appointed by the governing body. The member appointed pursuant to this paragraph may appoint a designee to serve in his place.

      (c) One representative of the Nevada State Education Association, appointed by the President of that Association.


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κ2003 Statutes of Nevada, Page 2797 (Chapter 453, SB 210)κ

 

      2.  Each coordinator who serves on the Statewide Council is a member of the Statewide Council only for the period of his service as coordinator of the regional training program pursuant to NRS 391.532.

      3.  Each member appointed by the governing body pursuant to paragraph (b) of subsection 1 [serves] and the member appointed pursuant to paragraph (c) of subsection 1 serve a term of 2 years.

      4.  Members of the Statewide Council serve without salary [or compensation for their travel or per diem expenses.] , but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. For the members of the Statewide Council who are appointed pursuant to paragraphs (a) and (b) of subsection 1, the governing body of the regional training program represented by those members shall pay the per diem allowance and travel expenses. For the member of the Statewide Council who is appointed pursuant to paragraph (c) of subsection 1, the Nevada State Education Association shall pay the per diem allowance and travel expenses.

      5.  The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for the administrative support of the Statewide Council.

      Sec. 3.  NRS 391.520 is hereby amended to read as follows:

      391.520  1.  The Statewide Council shall meet not less than four times per year.

      2.  The Statewide Council shall:

      (a) Adopt uniform standards for use by the governing body of each regional training program in the review and approval by the governing body of the training to be provided by the regional training program pursuant to NRS 391.540 and 391.544. The standards must ensure that the training provided by the regional training programs is of high quality and is effective in addressing the training programs specified in subsection 1 of NRS 391.544.

      (b) Coordinate the dissemination of information to school districts, administrators and teachers concerning the training, programs and services provided by the regional training programs.

      (c) Disseminate information to the regional training programs concerning innovative and effective methods to provide professional development.

      (d) Conduct long-range planning concerning the professional development needs of teachers and administrators employed in this state.

      (e) Adopt uniform procedures for use by the governing body of each regional training program to report the evaluation conducted pursuant to NRS 391.552.

      3.  The Statewide Council may:

      (a) Accept gifts and grants from any source on behalf of one or more regional training programs to assist with the training provided pursuant to NRS 391.544.

      (b) Comply with applicable federal laws and regulations governing the provision of federal grants to assist with the training provided pursuant to NRS 391.544, including, without limitation, providing money from the budget of the Statewide Council to match the money received from a federal grant.


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κ2003 Statutes of Nevada, Page 2798 (Chapter 453, SB 210)κ

 

      Sec. 4.  NRS 391.536 is hereby amended to read as follows:

      391.536  1.  On an annual basis, the governing body of each regional training program shall review the budget for the program and submit a proposed budget to the Legislative Committee on Education. The proposed budget must include, without limitation, the amount of money requested by the governing body to pay for the services of the coordinator of the program appointed pursuant to NRS 391.532. In even-numbered years, the proposed budget must be submitted to the Legislative Committee on Education at least 4 months before the commencement of the next regular session of the Legislature.

      2.  The governing body of a regional training program may:

      (a) Accept gifts and grants from any source to assist the governing body in providing the training required by NRS 391.544.

      (b) Comply with applicable federal laws and regulations governing the provision of federal grants to assist with the training provided pursuant to NRS 391.544, including, without limitation, providing money from the budget of the governing body to match the money received from a federal grant.

      Sec. 5.  NRS 391.544 is hereby amended to read as follows:

      391.544  1.  Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391.540, each regional training program must provide:

      (a) Training for teachers in the standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520 . [; and]

      (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

             (1) Phonemic awareness;

             (2) Phonics;

             (3) Vocabulary;

             (4) Fluency;

             (5) Comprehension; and

             (6) Motivation.

      (c) At least one of the following types of training:

             (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

             (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

             (3) [Training] In addition to the training provided pursuant to paragraph (b) of subsection 1, training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

      2.  The training required pursuant to subsection 1 must:


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κ2003 Statutes of Nevada, Page 2799 (Chapter 453, SB 210)κ

 

      (a) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

      (b) Incorporate training that addresses the educational needs of:

             (1) Pupils with disabilities who participate in programs of special education; and

             (2) Pupils whose primary language is not English.

      3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate [the] :

      (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520 [and other] ;

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

      4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

      Sec. 6.  NRS 391.552 is hereby amended to read as follows:

      391.552  The governing body of each regional training program shall:

      1.  Establish a method for the evaluation of the success of the regional training program [.] , including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures adopted by the Statewide Council pursuant to NRS 391.520.

      2.  On or before July 1 of each year, submit an annual report to the State Board, the Commission, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

      (a) The priorities for training adopted by the governing body pursuant to NRS 391.540 . [;]

      (b) The type of training offered through the program in the immediately preceding year . [;]

      (c) The number of teachers and administrators who received training through the program in the immediately preceding year . [;]

      (d) An evaluation of the success of the program , including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to subsection 1 . [; and]

      (e) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.

      (f) The 5-year plan for the program prepared pursuant to NRS 391.540 and any revisions to the plan made by the governing body in the immediately preceding year.

      Sec. 7.  On or before September 1, 2003, the President of the Nevada State Education Association shall appoint one member to the Statewide Council for the Coordination of the Regional Training Programs pursuant to paragraph (c) of subsection 1 of NRS 391.516.

      Sec. 8.  This act becomes effective on July 1, 2003.

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κ2003 Statutes of Nevada, Page 2800κ

 

CHAPTER 454, SB 314

Senate Bill No. 314–Senator Raggio

 

CHAPTER 454

 

AN ACT relating to taxation; requiring the Department of Taxation to collect and compile certain information concerning electronic commerce and prepare and submit a report of the compilation to the 73rd Session of the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Department of Taxation shall collect primary and supplementary data concerning electronic commerce that is conducted in this state.

      2.  The primary data collected must include, without limitation:

      (a) The number of retailers domiciled in this state who are engaged in electronic commerce.

      (b) The gross retail sales of such retailers that are derived from electronic commercial transactions.

      (c) An estimate of the number of electronic commercial transactions conducted in this state by retailers operating within this state. The estimate must be based on generally accepted standards of scientific sampling.

      (d) An estimate of the number of electronic commercial transactions conducted outside the State by retailers operating within this state. The estimate must be based on generally accepted standards of scientific sampling.

      (e) An estimate of the total value of electronic commercial transactions conducted by retailers operating within this state.

      (f) An estimate of revenues from the sales and use taxes that are not collected because electronic commercial transactions are conducted outside the State.

      (g) An estimate of all revenue paid to the State by retailers who are engaged in electronic commerce.

      3.  The supplementary data collected must include, without limitation, information concerning electronic commerce that is available from the Bureau of the Census of the United States Department of Commerce, the Small Business Administration and any other federal agency or affiliated state data center that collects such information.

      4.  To comply with the requirements of this section, the Department of Taxation may collect information that is available from a private or academic organization if the name of the organization and the methods of research used by that organization are clearly stated within the text of the report required to be prepared by subsection 5. The Department of Taxation shall not use in the report as an authoritative source a study conducted by a private or academic organization that is speculative or based on unscientific methods of research.

      5.  The Department of Taxation shall prepare a written report that contains a compilation of the data required to be collected pursuant to this section. The report must include an analysis of the financial impact more stringent requirements for the collection of the sales and use taxes on electronic commerce would have on retailers in this state who are engaged in electronic commerce.


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κ2003 Statutes of Nevada, Page 2801 (Chapter 454, SB 314)κ

 

stringent requirements for the collection of the sales and use taxes on electronic commerce would have on retailers in this state who are engaged in electronic commerce. The report must be submitted to the Director of the Legislative Counsel Bureau on or before February 1, 2005, for transmittal to the 73rd Session of the Legislature.

      6.  As used in this section:

      (a) “Electronic commerce” means the sale of personal property by a retailer on an Internet or network site.

      (b) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.

      (c) “Sales tax” has the meaning ascribed to it in NRS 360B.070.

      (d) “Use tax” has the meaning ascribed to it in NRS 360B.100.

      Sec. 2.  This act becomes effective on July 1, 2003, and expires by limitation on June 30, 2005.

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CHAPTER 455, SB 319

Senate Bill No. 319–Senator Shaffer

 

CHAPTER 455

 

AN ACT relating to insurance; restricting the use by an insurer of information included in the consumer credit report of an applicant or policyholder as a basis for making certain determinations and taking certain actions regarding policies of insurance, and providing for related procedures, duties, restrictions and exceptions; revising the membership of certain boards; providing that any refund of an assessment by the Division of Industrial Relations of the Department of Business and Industry must include payment for interest earned; providing that hearing officers and appeals officers shall designate the location of certain hearings; requiring the Commissioner of Insurance to conduct a study relating to the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; requiring the Commissioner to prepare and submit to the Governor and the Legislature a report concerning certain matters relating to the use of credit information in making decisions related to insurance; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5.  Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 15, 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.

      Sec. 3.  “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with any policy.


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κ2003 Statutes of Nevada, Page 2802 (Chapter 455, SB 319)κ

 

      Sec. 4.  “Affiliate” means any company that controls, is controlled by, or is under common control with another company.

      Sec. 5.  “Consumer credit report” means any written, oral or other communication of information by a consumer reporting agency bearing on the credit worthiness, credit standing or credit capacity of an applicant or policyholder, and which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine:

      1.  Whether to issue, cancel or renew a policy; or

      2.  The amount of the premium for a policy.

      Sec. 6.  “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.

      Sec. 7.  “Credit information” means any information that is related to credit and derived from a consumer credit report, found on a consumer credit report or provided on an application for a policy. The term does not include information that is not related to credit, regardless of whether it is contained in a consumer credit report or in an application for a policy, or is used to calculate an insurance score.

      Sec. 8.  “Insurance score” means a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit information for the purposes of predicting the future losses or exposure with regard to an applicant or policyholder.

      Sec. 9.  The provisions of sections 2 to 15, inclusive, of this act do not apply to a contract of surety insurance issued pursuant to chapter 691B of NRS or any commercial or business policy.

      Sec. 10.  An insurer that uses information from a consumer credit report shall not:

      1.  Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of the consumer as a factor, or would otherwise lead to unfair or invidious discrimination.

      2.  Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable underwriting factors that are independent of credit information and not expressly prohibited by this section.

      3.  Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.

      4.  Take an adverse action against an applicant or policyholder based on the applicant or policyholder not having a credit card account unless the insurer also considers other applicable factors independent of credit information.

      5.  Consider an absence of credit information or an inability to calculate an insurance score in underwriting or rating a policy unless the insurer does any one of the following:

      (a) Treats the applicant or policyholder as otherwise approved by the Commissioner, after the insurer presents to the Commissioner information indicating that such an absence or inability relates to the risk for the insurer.


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κ2003 Statutes of Nevada, Page 2803 (Chapter 455, SB 319)κ

 

      (b) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer.

      (c) Excludes the use of credit information as a factor, and uses only underwriting criteria other than credit information.

      6.  Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a consumer credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued.

      7.  Except as otherwise provided in this subsection, use credit information regarding a policyholder without obtaining an updated consumer credit report regarding the policyholder and recalculating the insurance score at least once every 36 months. At the time of the annual renewal of a policyholder’s policy, the insurer shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer credit report or insurance score. An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more frequently than once in any 12-month period. An insurer may, at its discretion, obtain an updated consumer credit report regarding a policyholder more frequently than once every 36 months, if to do so is consistent with the underwriting guidelines of the insurer. An insurer does not need to obtain an updated consumer credit report for a policyholder if any one of the following applies:

      (a) The insurer is treating the policyholder as otherwise approved by the Commissioner.

      (b) The policyholder is in the most favorably-priced tier of the insurer and all affiliates of the insurer. With respect to such a policyholder, the insurer may elect to obtain an updated consumer credit report if to do so is consistent with the underwriting guidelines of the insurer.

      (c) Credit information was not used for underwriting or rating the policyholder when the policy was initially written. The fact that credit information was not used initially does not preclude an insurer from using such information subsequently when underwriting or rating such a policyholder upon renewal, if to do so is consistent with the underwriting guidelines of the insurer.

      (d) The insurer reevaluates the policyholder at least once every 36 months based upon underwriting or rating factors other than credit information.

      8.  Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy:

      (a) Credit inquiries not initiated by the applicant or policyholder, or inquiries requested by the applicant or policyholder for his or her own credit information.

      (b) Inquiries relating to insurance coverage, if so identified on the consumer credit report.

      (c) Collection accounts relating to medical treatment, if so identified on the consumer credit report.

      (d) Multiple lender inquiries, if identified on the consumer credit report as being related to home loans or mortgages and made within 30 days of one another, unless only one inquiry is considered.


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κ2003 Statutes of Nevada, Page 2804 (Chapter 455, SB 319)κ

 

      (e) Multiple lender inquiries, if identified on the consumer credit report as being related to a loan for an automobile and made within 30 days of one another, unless only one inquiry is considered.

      Sec. 11.  If it is determined pursuant to the dispute resolution process set forth in section 611(a) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a), that the credit information of a policyholder was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the policyholder, the insurer shall reunderwrite and rerate the policyholder within 30 days of receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the policyholder has overpaid a premium, the insurer shall refund to the policyholder the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual period of the policy.

      Sec. 12.  1.  If an insurer uses credit information in underwriting or rating an applicant, the insurer or its agent shall disclose, either on the application for the policy or at the time the application is taken, that the insurer may obtain credit information in connection with the application. The disclosure must be written or provided to an applicant in the same medium as the application. The insurer need not provide the disclosure required pursuant to this section to a policyholder upon renewal of a policy if the policyholder was previously provided the disclosure in connection with the policy.

      2.  An insurer may comply with the requirements of this section by providing the following statement:

 

In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.

      Sec. 13.  If an insurer takes an adverse action based upon credit information, the insurer shall:

      1.  Provide notice to the applicant or policyholder that an adverse action has been taken, in accordance with the requirements of section 615(a) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681m(a).

      2.  Provide notice to the applicant or policyholder explaining the reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer’s decision to take the adverse action. The notice must include a description of not more than four factors that were the primary influences of the adverse action. The use of generalized terms such as “poor credit history,” “poor credit rating” or “poor insurance score” does not meet the requirements of this subsection. Standardized explanations provided by consumer reporting agencies are deemed to comply with this section.

      Sec. 14.  1.  An insurer shall indemnify, defend and hold harmless an agent of the insurer from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of the agent with regard to obtaining or using credit information or insurance scores for the insurer, if the agent follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation.


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insurer, if the agent follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation.

      2.  This section does not provide, expand, limit or prohibit any cause of action an applicant or policyholder may have against an agent of an insurer.

      Sec. 15.  1.  A consumer reporting agency shall not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with:

      (a) An inquiry by or for an insurer about the credit information of an applicant or policyholder; or

      (b) A request for a credit report or insurance score.

      2.  The information described in subsection 1 includes, without limitation:

      (a) The expiration date of a policy or any other information that may identify time periods during which a policy of an applicant or policyholder may expire; and

      (b) The terms and conditions of the coverage provided by a policy of an applicant or policyholder.

      3.  The restriction set forth in subsection 1 does not apply to data or lists the consumer reporting agency supplies to the insurer, or an agent or affiliate of the insurer, from whom the information was received.

      4.  The provisions of this section do not restrict any insurer from being able to obtain a report regarding a motor vehicle or a report of a history of claims.

      Sec. 16.  NRS 686C.140 is hereby amended to read as follows:

      686C.140  1.  The Board of Directors of the Association consists of not less than five nor more than nine members, serving terms as established in the plan of operation.

      2.  The members of the Board who represent insurers must be selected by member insurers subject to the approval of the Commissioner. If practicable, one of the members of the Board must be an officer of a domestic insurer.

      3.  Two public representatives must be appointed to the Board by the Commissioner. A public representative may not be an officer, director or employee of an insurer or engaged in the business of insurance.

      4.  Vacancies on the Board must be filled for the remaining period of the term by majority vote of the members of the Board, subject to the approval of the Commissioner, for members who represent insurers, and by the Commissioner for public representatives.

      5.  To select the initial Board of Directors, and initially organize the Association, the Commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting, each member insurer is entitled to one vote in person or by proxy. If the Board of Directors is not selected within 60 days after notice of the organizational meeting, the Commissioner may appoint the initial members to represent insurers in addition to the public representatives.

      [2.] 6.  In approving selections or in appointing members to the Board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.

      [3.] 7.  Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors but members of the Board may not otherwise be compensated by the Association for their services.


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Directors but members of the Board may not otherwise be compensated by the Association for their services.

      Sec. 17.  NRS 687A.050 is hereby amended to read as follows:

      687A.050  1.  The Board of Directors of the Association shall consist of not fewer than five nor more than nine persons. The members of the Board shall be appointed by the Commissioner and shall serve at his discretion. Vacancies on the Board shall be filled in the same manner as initial appointments.

      2.  A majority of the members appointed shall be the designated representatives of member insurers. If practicable, one of the members appointed as a designated representative of the member insurers must be an officer of a domestic insurer. The Commissioner shall consider among other things whether all member insurers are fairly represented.

      3.  Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors.

      Sec. 18.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless otherwise provided by a specific statue, if a signature is required of any person, the person may provide as the signature of the person:

      1.  An original signature;

      2.  A facsimile signature; or

      3.  An electronic signature pursuant to the provisions of chapter 719 of NRS.

      Sec. 19.  NRS 687B.160 is hereby amended to read as follows:

      687B.160  1.  Every insurance policy must be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee or representative duly authorized by the insurer.

      2.  [A facsimile signature of any] Any such executing individual may [be used] use, in lieu of an original signature [.] :

      (a) A facsimile signature; or

      (b) An electronic signature pursuant to the provisions of chapter 719 of NRS.

      3.  An insurance contract issued before, on or after January 1, 1972, which is otherwise valid is not rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.

      Sec. 20.  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 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.

      2.  The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs.


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in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the Administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the Administrator shall apply an assessment rate to the:

      (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

      (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

      (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

      (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

The Administrator shall adopt regulations that establish the formula for the assessment and for the administration of payment, and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

      3.  Federal grants may partially defray the costs of the Division.

      4.  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) 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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κ2003 Statutes of Nevada, Page 2808 (Chapter 455, SB 319)κ

 

related to providing assistance to consumers and injured employees concerning workers’ compensation.

      5.  If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.

      Sec. 21.  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 an enterprise 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) 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. 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.

      7.  If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.

      Sec. 22.  NRS 616C.330 is hereby amended to read as follows:

      616C.330  1.  The hearing officer shall:

      (a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request [.] at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;


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place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;

      (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and

      (c) Conduct hearings expeditiously and informally.

      2.  The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.

      3.  If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

      5.  The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

      6.  The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.

      7.  The hearing officer shall render his decision within 15 days after:

      (a) The hearing; or

      (b) He receives a copy of the report from the medical examination he requested.

      8.  The hearing officer shall render his decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.

      9.  The hearing officer shall give notice of his decision to each party by mail. He shall include with the notice of his decision the necessary forms for appealing from the decision.

      10.  Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application.


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κ2003 Statutes of Nevada, Page 2810 (Chapter 455, SB 319)κ

 

on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.

      Sec. 23.  NRS 616C.345 is hereby amended to read as follows:

      616C.345  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

      2.  If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:

      (a) A final determination was rendered pursuant to that procedure; or

      (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

any party to the dispute may file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

      3.  Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

      4.  Except as otherwise provided in [this subsection,] subsection 5, the appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616C.315 [, schedule] :

      (a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and [give]

      (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.

      5.  A request to schedule the hearing for a date and time which is:

      (a) Within 60 days after the receipt of the notice of appeal or contested claim; or

      (b) More than 90 days after the receipt of the notice or claim,

may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

      [5.] 6.  An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.

      [6.] 7.  Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination.


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κ2003 Statutes of Nevada, Page 2811 (Chapter 455, SB 319)κ

 

preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.

      Sec. 24.  1.  The Commissioner of Insurance shall conduct a study to review whether the State of Nevada should enact, in the interest of the public:

      (a) The Defined Limits Version of the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners;

      (b) The Defined Standards Version of the Investments of Insurers Model Act adopted by the National Association of Insurance Commissioners; or

      (c) Other legislation regulating the investments of insurers.

      2.  The Commissioner shall seek to obtain all relevant information from public and private sources as part of this study. Any such information obtained by the Commissioner may only be used for the purposes of conducting this study.

      3.  The Commissioner shall complete this study and submit a copy of his findings and recommendations on or before January 1, 2005, to the Director of the Legislative Counsel Bureau for distribution to the 73rd Session of the Nevada Legislature.

      Sec. 25.  1.  On or before December 31, 2004, the Commissioner of Insurance shall prepare a report and submit the report to the Governor and the Legislature. The report must address:

      (a) The operation of sections 2 to 15, inclusive, of this act;

      (b) The efficacy, necessity and desirability of using credit information in making decisions related to insurance;

      (c) The impacts upon the residents of Nevada of the continued use of credit information in making decisions related to insurance; and

      (d) Any additional consumer protections identified by the Commissioner for the consideration of the Legislature.

      2.  As used in this section, “credit information” has the meaning ascribed to it in section 7 of this act.

      Sec. 26.  1.  This section and sections 1 and 16 to 25, inclusive, of this act become effective on October 1, 2003.

      2.  Sections 1.5 to 15, inclusive, of this act become effective on July 1, 2004.

________

 


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κ2003 Statutes of Nevada, Page 2812κ

 

CHAPTER 456, SB 324

Senate Bill No. 324–Senator Shaffer

 

CHAPTER 456

 

AN ACT relating to veterans’ homes; making various changes concerning the Veterans’ Home Account and the Gift Account for Veterans’ Homes; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.010 is hereby amended to read as follows:

      417.010  As used in this chapter [:] , unless the context otherwise requires:

      1.  “Administrator” means the administrator of a veterans’ home in this state.

      2.  “Deputy Executive Director” means the Deputy Executive Director for Veterans’ Services.

      [2.] 3.  “Executive Director” means the Executive Director for Veterans’ Services.

      Sec. 2.  NRS 417.145 is hereby amended to read as follows:

      417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

      2.  Money received [by the Executive Director or the Deputy Executive Director] from:

      (a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

      (b) Other payments for medical care and services;

      (c) Appropriations made by the Legislature for veterans’ homes; and

      (d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property [he is authorized to accept] for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

      3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

      4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the [Deputy Executive Director and the Nevada Veterans’ Services Commission,] administrators, and the money deposited in the Veterans’ Home Account may only be expended for:

      (a) The operation of veterans’ homes;

      (b) A program or service related to a veterans’ home;

      (c) The solicitation of other sources of money to fund a veterans’ home; and

      (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

      5.  Except as otherwise provided in subsection 7, gifts of personal property [which the Executive Director or the Deputy Executive Director is authorized to receive] for the use of veterans’ homes:


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κ2003 Statutes of Nevada, Page 2813 (Chapter 456, SB 324)κ

 

      (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

      (b) May be used in kind if the gifts are not appropriate for conversion to money.

      6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

      7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. [The Executive Director or the Deputy Executive Director shall use gifts] Gifts of money or personal property [that he is authorized to accept and] which the donor has restricted to one or more uses at a veterans’ home [,] must be used only in the manner designated by the donor. Gifts of money [that the Executive Director or Deputy Executive Director is authorized to accept and] which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      Sec. 3.  Sections 2 and 9 of Assembly Bill No. 192 of this session are hereby repealed.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2003.

________

 

CHAPTER 457, SB 446

Senate Bill No. 446–Committee on Government Affairs

 

CHAPTER 457

 

AN ACT relating to the State Treasurer; authorizing the State Treasurer to appoint and employ two Senior Deputies in the unclassified service of the State; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 226.100 is hereby amended to read as follows:

      226.100  1.  The State Treasurer may appoint and employ a Chief Deputy, two Senior Deputies, an Assistant Treasurer, a Deputy of Debt Management, a Deputy of Investments, a Deputy of Cash Management, a Deputy of Unclaimed Property and an Assistant to the State Treasurer in the unclassified service of the State.

      2.  Except as otherwise provided in NRS 284.143, the Chief Deputy State Treasurer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.


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      Sec. 2.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 458, SB 451

Senate Bill No. 451–Committee on Government Affairs

 

CHAPTER 458

 

AN ACT relating to county recorders; revising format of certain documents that are filed in the office of the county recorder; authorizing a county recorder to charge a fee for recording documents that do not meet those standards in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 247.110 is hereby amended to read as follows:

      247.110  1.  When a document authorized by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

      (a) Endorse upon it the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for recording the document.

      (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

      (c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception [,] and the name of the person at whose request it was recorded.

      (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

      2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

      3.  A county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.

      4.  [A] Except as otherwise provided in this section and subsection 4 of NRS 247.305, a document, except a map, certificate or affidavit of death, military discharge or document regarding taxes that is issued by the Internal Revenue Service of the United States Department of the Treasury, that is submitted for recording must:

      (a) Be on white, 20-pound paper that is 8 1/2 inches by 11 inches in size . [;]


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κ2003 Statutes of Nevada, Page 2815 (Chapter 458, SB 451)κ

 

      (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page . [; and]

      (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

      (d) Not be on sheets of paper that are bound together at the side, top or bottom.

      (e) Not contain printed material on more than one side of each page.

      (f) Not have any documents or other materials physically attached to the paper.

      (g) Not contain:

             (1) Colored markings to highlight text or any other part of the document;

             (2) A stamp or seal that overlaps with text or a signature on the document, except in the case of a validated stamp or seal of a professional engineer or land surveyor who is licensed pursuant to chapter 625 of NRS;

             (3) Text that is smaller than a 10-point Times New Roman font and is printed in any ink other than black; or

             (4) More than 9 lines of text per vertical inch.

      5.  The provisions of subsection 4 do not apply to a document submitted for recording that has been filed with a court and which conforms to the formatting requirements established by the court.

      Sec. 2.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  If another statute specifies the fee to be charged for a service, county recorders shall charge and collect only the fee specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page................................... $10

       For each additional page....................................................................... 1

For recording each portion of a document which must be separately indexed, after the first indexing 3

For copying any record, for each page...................................................... 1

For certifying, including certificate and seal............................................. 4

For a certified copy of a certificate of marriage.................................... 10

For a certified abstract of a certificate of marriage.............................. 10

 

      2.  Except as otherwise provided in this subsection, a county recorder may charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee not to exceed $3 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder may not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection for credit to the account established pursuant to NRS 247.306.

      3.  Except as otherwise provided in this subsection, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $1 for recording a document, instrument, paper, notice, deed, conveyance, map, chart, survey or any other writing. A county recorder shall not charge the additional fee authorized in this subsection for recording the originally signed copy of a certificate of marriage described in NRS 122.120. On or before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection.


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κ2003 Statutes of Nevada, Page 2816 (Chapter 458, SB 451)κ

 

before the fifth day of each month, the county recorder shall pay to the county treasurer the amount of fees collected by him pursuant to this subsection. On or before the 15th day of each month, the county treasurer shall remit the money received by him pursuant to this subsection to the State Treasurer for credit to the Account to Assist Persons Formerly in Foster Care established pursuant to NRS 423.137.

      4.  Except as otherwise provided in this subsection, subsection 5 or by specific statute, a county recorder shall charge and collect, in addition to any fee that a county recorder is otherwise authorized to charge and collect, an additional fee of $25 for recording any document that does not meet the standards set forth in subsection 4 of NRS 247.110. A county recorder shall not charge the additional fee authorized by this subsection for recording a document that is exempt from the provisions of subsection 4 of NRS 247.110.

      5.  Except as otherwise provided in subsection [5,] 6, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

      (a) The county in which his office is located.

      (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

             (1) Conveys to the State, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the State or that city or town as beneficiary;

             (3) Imposes a lien in favor of the State or that city or town; or

             (4) Is a notice of the pendency of an action by the State or that city or town.

      [5.] 6.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder shall charge the regular fee.

      [6.] 7.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

      [7.] 8.  Except as otherwise provided in subsection 2 or 3 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.

      Sec. 3.  This act becomes effective on July 1, 2003.

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κ2003 Statutes of Nevada, Page 2817κ

 

CHAPTER 459, SB 460

Senate Bill No. 460–Committee on Human Resources and Facilities

 

CHAPTER 459

 

AN ACT relating to educational personnel; providing that the employment of a teacher for whom a license is required must be suspended or terminated for failure to maintain a license in force; prescribing administrative procedural protections for certain teachers who are suspended for failure to maintain a license in force; providing that certain other existing administrative procedural protections do not apply to a teacher whose employment is suspended or terminated for failure to maintain a license in force; revising the definition of “immorality” applicable to the licensed employees of a school district to include the commission of certain drug-related offenses and sexual conduct or attempted sexual conduct with a pupil; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “employee” means a person who:

      1.  Is employed by a school district in this state; and

      2.  Is required, as a condition of his employment, to hold a license issued pursuant to this chapter.

      Sec. 3.  1.  If an employee fails to maintain his license in force, the school district that employs him shall:

      (a) Immediately suspend the employee without pay; and

      (b) Terminate his employment if he fails to reinstate his license within the time prescribed by subsection 2 of section 4 of this act.

      2.  If an employee is suspended pursuant to this section and, within 90 days after the date of suspension, is granted by the Department or Commission an extension of time or any other relief which has the effect of reinstating or continuing his license in force, the suspension of the employee is ineffective and the school district shall immediately reinstate the employee while his license remains in force. The employee must be reinstated to the position he held at the time of his suspension. If the employee thereafter fails again to maintain his license in force, the school district shall again suspend the employee without pay and proceed in accordance with sections 4, 5 and 6 of this act.

      Sec. 4.  1.  If a school district is required to suspend an employee pursuant to section 3 of this act, the superintendent of schools of the school district shall provide written notice of the suspension to the employee by personal delivery or by certified mail. The notice must:

      (a) Include a copy of the text of the provisions of sections 2 to 6, inclusive, of this act;


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κ2003 Statutes of Nevada, Page 2818 (Chapter 459, SB 460)κ

 

      (b) Inform the employee that his employment will be terminated unless he reinstates his license within the time prescribed by subsection 2;

      (c) Set forth the date on which the period for reinstatement of his license will expire;

      (d) Advise the employee of his right to a hearing pursuant to section 5 of this act;

      (e) Include a copy of the form upon which the employee may request a hearing; and

      (f) Set forth the name and address of the person to whom a request for a hearing should be directed.

      2.  If an employee reinstates his license:

      (a) Within 90 days after the date of the notice of suspension; or

      (b) Within any longer period authorized by the superintendent of schools of the school district or his designee pursuant to section 5 of this act,

the school district shall immediately reinstate the employee to the position that he held at the time of his suspension.

      3.  If an employee fails to reinstate his license within the time prescribed by subsection 2, his employment shall be deemed to have terminated as of the date of his suspension pursuant to section 3 of this act. The superintendent of schools of the school district shall provide written notice of the termination to the employee by personal delivery or by certified mail. The failure of the employee to receive the notice required by this subsection does not render the termination ineffective.

      Sec. 5.  1.  An employee who is suspended by a school district pursuant to section 3 of this act is entitled to a hearing if he makes a timely request for a hearing, as set forth in this section. A request for a hearing must:

      (a) Be received, within 15 days after the date of the notice of suspension, by the person designated by the school district pursuant to paragraph (f) of subsection 1 of section 4 of this act;

      (b) Set forth any facts which the employee believes are relevant; and

      (c) Be accompanied by a copy of any documents which the employee believes are relevant.

      2.  If an employee fails to make a timely request for a hearing pursuant to this section, the right of the employee to reinstatement by the school district pursuant to subsection 2 of section 4 of this act is not affected if he satisfies the requirements of that subsection.

      3.  If a timely request for a hearing is made, the superintendent of schools of the school district or his designee shall convene a hearing to consider whether extenuating circumstances exist that warrant an extension of the time prescribed by paragraph (a) of subsection 2 of section 4 of this act for reinstatement of his license.

      4.  A hearing required by this section must be held within 20 days after the date of notice of suspension. The employee and the school district are each entitled to:

      (a) Present evidence;

      (b) Cross-examine witnesses; and

      (c) Be represented by counsel or any other person.

      5.  Immediately upon conclusion of the hearing, the superintendent of schools of the school district or his designee shall issue a ruling. The ruling must:


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κ2003 Statutes of Nevada, Page 2819 (Chapter 459, SB 460)κ

 

      (a) State whether the employee will be granted an extension of time for reinstatement of his license;

      (b) Set forth the factual basis for his determination; and

      (c) State the date on which an extension, if any, will expire.

      6.  In addition to the requirements of subsection 5, the ruling must be set forth in writing. Not later than 3 working days after the conclusion of the hearing, a copy of the written ruling must be mailed or personally delivered to the employee and the person who represented the employee during the hearing, if any. The failure of an employee to receive a copy of the written ruling does not render the ruling ineffective.

      7.  If an employee is granted an extension of time pursuant to this section, that extension is effective only for the purposes of the employment relationship between the school district and the employee and is not binding on the Department or Commission.

      Sec. 6.  The provisions of sections 2 to 6, inclusive, of this act do not:

      1.  Limit any right or remedy an employee may have against an agency or official of this state based upon the loss of his license.

      2.  Preclude a school district from employing a person as a substitute teacher or in any other position for which he is legally qualified.

      Sec. 7.  NRS 391.311 is hereby amended to read as follows:

      391.311  As used in NRS 391.311 to 391.3197, inclusive, unless the context otherwise requires:

      1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.

      3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  “Immorality” means [an] :

      (a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 [or 207.260.] , 201.560, 207.260, 453.316 to 453.336, inclusive, 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or

      (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, “sexual conduct” has the meaning ascribed to it in NRS 201.520.

      5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.

      6.  “Probationary employee” means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.

      7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

      8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.


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κ2003 Statutes of Nevada, Page 2820 (Chapter 459, SB 460)κ

 

      Sec. 8.  NRS 391.120 is hereby amended to read as follows:

      391.120  1.  Boards of trustees of the school districts in this state may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.

      2.  A board of trustees may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.

      3.  It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach. The board of trustees shall suspend or terminate, as applicable, the employment of any teacher who fails to maintain a license issued pursuant to this chapter in force, if such a license is required for employment. Any such suspension or termination must comply with the requirements of sections 2 to 6, inclusive, of this act.

      4.  On or before November 15 of each year, the school district shall submit to the Department, in a form prescribed by the Superintendent of Public Instruction, the following information for each licensed employee employed by the school district on October 1 of that year:

      (a) The amount of salary of the employee; and

      (b) The designated assignment, as that term is defined by the Department of Education, of the employee.

      Sec. 9.  NRS 391.3115 is hereby amended to read as follows:

      391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

      (a) Substitute teachers; or

      (b) Adult education teachers.

      2.  The provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 for failure to maintain a license in force.

      3.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.

      Sec. 10.  1.  The provisions of sections 2 to 6, inclusive, of this act and the amendatory provisions of sections 8 and 9 of this act are applicable to any employee:

      (a) Whose license expires or is revoked, or who fails for any other reason to maintain his license in force, on or after the effective date of this act.

      (b) Who:


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κ2003 Statutes of Nevada, Page 2821 (Chapter 459, SB 460)κ

 

             (1) Fails for any reason to maintain his license in force before the effective date of this act; and

             (2) Has not, as of the effective date of this act, received a hearing before a hearing officer or arbitrator pursuant to NRS 391.311 to 391.3197, inclusive.

      2.  The superintendent of schools of a school district that employs a person described in paragraph (b) of subsection 1, shall, as soon as practicable after the effective date of this act, provide notice to the employee in the manner required by section 4 of this act. Upon issuance of the notice, the employee shall be deemed to have the rights, remedies and duties set forth in sections 2 to 6, inclusive, of this act.

      Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 460, SB 464

Senate Bill No. 464–Committee on Taxation

 

CHAPTER 460

 

AN ACT relating to vessels; revising the provisions governing the administration of the exemption from certain taxes on the sale of tangible personal property to be shipped outside this state to include the sale of a vessel to a nonresident under certain circumstances; excluding the value of a vessel taken in trade from the sales price of a vessel for the purposes of certain taxes; exempting a motorboat that has been documented pursuant to federal law from the requirement of obtaining a title pursuant to the provisions governing watercraft; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 372.7263 is hereby amended to read as follows:

      372.7263  In administering the provisions of NRS 372.335, the Department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include:

      1.  The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the Department of Motor Vehicles pursuant to subsection 1 of NRS 482.3955; [and]

      2.  The sale of farm machinery and equipment, as defined in NRS 374.286, to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of state not later than 15 days after the sale [.] ; and

      3.  The sale of a vessel to a nonresident who submits proof to the vendor that the vessel will be delivered out of state not later than 15 days after the sale.


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κ2003 Statutes of Nevada, Page 2822 (Chapter 460, SB 464)κ

 

      Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, “vessel” means every description of watercraft used or capable of being used as a means of transportation on water.

      2.  The term does not include a canoe, float tube, kayak, rubber raft or seaplane.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 374.020 is hereby amended to read as follows:

      374.020  [Except where] As used in this chapter, unless the context otherwise requires, the [definitions given] words and terms defined in NRS 374.025 to 374.107, inclusive, [govern the construction of this chapter.] and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 374.070 is hereby amended to read as follows:

      374.070  1.  “Sales price” means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:

      (a) The cost of the property sold.

      (b) The cost of the materials used, labor or service cost, interest charged, losses, or any other expenses.

      (c) The cost of transportation of the property before its purchase.

      2.  The total amount for which property is sold includes all of the following:

      (a) Any services that are a part of the sale.

      (b) Any amount for which credit is given to the purchaser by the seller.

      3.  “Sales price” does not include any of the following:

      (a) Cash discounts allowed and taken on sales.

      (b) The amount charged for property returned by customers when the entire amount charged therefor is refunded [either] in cash or credit [; but] , except that this exclusion does not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

      (c) The amount charged for labor or services rendered in installing or applying the property sold.

      (d) The amount of any tax , [(] not including [, however,] any manufacturers’ or importers’ excise tax , [)] imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.

      (e) The amount of any tax imposed by the State of Nevada upon or with respect to the storage, use or other consumption of tangible personal property purchased from any retailer.

      (f) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle or vessel which is taken in trade on the purchase of another vehicle [.] or vessel.

      4.  For the purpose of a sale of a vehicle by a seller who is not required to be registered with the Department of Taxation, the sales price is the value established in the manner set forth in NRS 374.112.

      Sec. 8.  NRS 374.7273 is hereby amended to read as follows:

      374.7273  In administering the provisions of NRS 374.340, the Department shall apply the exemption for the sale of tangible personal property delivered by the vendor to a forwarding agent for shipment out of state to include:


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κ2003 Statutes of Nevada, Page 2823 (Chapter 460, SB 464)κ

 

property delivered by the vendor to a forwarding agent for shipment out of state to include:

      1.  The sale of a vehicle to a nonresident to whom a special movement permit has been issued by the Department of Motor Vehicles pursuant to subsection 1 of NRS 482.3955; [and]

      2.  The sale of farm machinery and equipment, as defined in NRS 374.286, to a nonresident who submits proof to the vendor that the farm machinery and equipment will be delivered out of state not later than 15 days after the sale [.] ; and

      3.  The sale of a vessel to a nonresident who submits proof to the vendor that the vessel will be delivered out of state not later than 15 days after the sale.

      Sec. 9.  NRS 488.065 is hereby amended to read as follows:

      488.065  1.  Every motorboat on the waters of this state must be numbered and titled, except as otherwise provided in subsection 4 and NRS 488.175.

      2.  Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the Division of Wildlife of the State Department of Conservation and Natural Resources may assign an appropriate builder’s hull number to the motorboat whenever there is no builder’s number thereon, or when the builder’s number has been destroyed or obliterated. The builder’s number must be permanently marked on an integral part of the hull which is accessible for inspection.

      3.  A person shall not operate or give permission for the operation of any motorboat on the waters of this state unless:

      (a) The motorboat is numbered in accordance with the provisions of this chapter [, with applicable federal law] or with the federally approved numbering system of another state;

      (b) The certificate of number awarded to the motorboat is in effect;

      (c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat; and

      (d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.

      4.  Any person who purchases or otherwise owns a motorboat before January 1, 1972, is not required to obtain title for the motorboat until he transfers any portion of his ownership in the motorboat to another person.

      Sec. 10.  NRS 488.085 is hereby amended to read as follows:

      488.085  The owner of any motorboat already covered by a number in [full force and] effect which has been awarded to it pursuant to [then operative federal law or] a federally approved numbering system of another state [shall] must record the number [prior to] before operating the motorboat on the waters of this state in excess of the 90‑day reciprocity period provided for in NRS 488.175. [Such recordation shall] The recordation must be in the manner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional or substitute number [shall] may be issued.

      Sec. 11.  NRS 488.175 is hereby amended to read as follows:

      488.175  1.  Except as otherwise provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number in effect which has been awarded or issued to it pursuant to [federal law or] a federally approved numbering system of another state if the boat has not been on the waters of this state for a period in excess of 90 consecutive days.


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system of another state if the boat has not been on the waters of this state for a period in excess of 90 consecutive days.

      (b) A motorboat from a country other than the United States temporarily using the waters of this state.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship’s lifeboat.

      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the Division of Wildlife of the State Department of Conservation and Natural Resources after the Division has found:

             (1) That the numbering of motorboats of that class will not materially aid in their identification; and

             (2) If an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  The Division of Wildlife may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      3.  A motorboat need not be titled pursuant to the provisions of this chapter, if it is [already covered] :

      (a) Covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state [.] ; or

      (b) Documented pursuant to Chapter 121 of Title 46 of the United States Code.

      Sec. 12.  NRS 488.1797 is hereby amended to read as follows:

      488.1797  1.  Before the issuance of any certificate of ownership, the Division of Wildlife of the State Department of Conservation and Natural Resources shall obtain a statement in writing signed by the transferee or transferor, showing:

      (a) The date of the sale or other transfer of ownership of the motorboat.

      (b) The name and address of the seller or transferor.

      (c) The name and address of the buyer or transferee.

      2.  Upon receipt of [the] :

      (a) The properly endorsed certificate of ownership [, the] ;

      (b) The certificate of number and the required fee [and] ;

      (c) The statement of information [,] ; and

      (d) Proof that the applicable taxes have been paid,

the Division of Wildlife shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.

      Sec. 13.  1.  This section and sections 9, 10 and 11 of this act become effective on January 1, 2004.

      2.  Sections 1 to 8, inclusive, and 12 of this act become effective on January 1, 2005.

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κ2003 Statutes of Nevada, Page 2825κ

 

CHAPTER 461, AB 78

Assembly Bill No. 78–Assemblymen McCleary, Conklin, Claborn, Chowning, Angle, Atkinson, Christensen, Geddes, Griffin, Hettrick, Horne, Manendo, Marvel and Weber

 

CHAPTER 461

 

AN ACT relating to offenders; revising the penalty for a sexual assault against a child under the age of 16 years; revising the penalty for lewdness with a child; prohibiting the suspension of sentence or granting of probation to a person convicted of lewdness with a child; revising certain provisions relating to the program that provides the public with access to certain information in the statewide registry concerning certain sex offenders and offenders convicted of a crime against a child; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.366 is hereby amended to read as follows:

      200.366  1.  A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.

      2.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

      (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served; or

             (3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.

      (b) If no substantial bodily harm to the victim results, by imprisonment in the state prison:

             (1) For life, with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

             (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      3.  [A] Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

      (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.

      (b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison:


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κ2003 Statutes of Nevada, Page 2826 (Chapter 461, AB 78)κ

 

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (2) For a definite term of [20] 40 years, with eligibility for parole beginning when a minimum of [5] 15 years has been served.

      (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.

      4.  A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

      (a) A sexual assault pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this state, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,

is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      5.  For the purpose of this section, “other sexual offense against a child” means any act committed by an adult upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262; or

      (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      Sec. 2.  NRS 201.230 is hereby amended to read as follows:

      201.230  1.  A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.

      2.  Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for [life] :

      (a) Life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000 [.] ; or

      (b) A definite term of 20 years, with eligibility for parole after a minimum of 2 years has been served, and may further be punished by a fine of not more than $10,000.

      3.  A person who commits lewdness with a child and who has been previously convicted of:

      (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or

      (b) An offense committed in another jurisdiction that, if committed in this state, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,

is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

      4.  For the purpose of this section, “other sexual offense against a child” has the meaning ascribed to it in subsection 5 of NRS 200.366.


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κ2003 Statutes of Nevada, Page 2827 (Chapter 461, AB 78)κ

 

      Sec. 3.  NRS 176A.100 is hereby amended to read as follows:

      176A.100  1.  Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:

      (a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.

      (b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time the crime was committed, the person:

             (1) Was serving a term of probation, whether in this state or elsewhere, for a felony conviction;

             (2) Had previously had his probation revoked, whether in this state or elsewhere, for a felony conviction; or

             (3) Had previously been two times convicted, whether in this state or elsewhere, of a crime that under the laws of the situs of the crime or of this state would amount to a felony.

If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      (c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

      2.  In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.

      3.  The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to a person.

      4.  If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the Program of Intensive Supervision established pursuant to NRS 176A.440.

      5.  Except as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk.


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presentence investigation from the county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.

      6.  If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      Sec. 4.  NRS 176A.110 is hereby amended to read as follows:

      176A.110  1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:

      (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

      (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this state who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and Neurology , Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

      2.  This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (f) Incest pursuant to NRS 201.180.

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

      (j) [Lewdness with a child pursuant to NRS 201.230.

      (k)] Sexual penetration of a dead human body pursuant to NRS 201.450.

      [(l)] (k) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

      [(m)] (l) A violation of NRS 207.180.


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      [(n)] (m) An attempt to commit an offense listed in paragraphs (b) to [(m), inclusive.

      (o)] (l), inclusive.

      (n) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      Sec. 5.  Chapter 179B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Offender” means a sex offender or an offender convicted of a crime against a child.

      Sec. 6.  NRS 179B.010 is hereby amended to read as follows:

      179B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 179B.250 is hereby amended to read as follows:

      179B.250  1.  The Department shall, in a manner prescribed by the Director, establish within the Central Repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.

      2.  [Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:

      (a) The name of the subject of the search and at least one of the following items:

             (1) The social security number of the subject of the search;

             (2) The identification number from a driver’s license or an identification card issued to the subject of the search by this state; or

             (3) The date of birth of the subject of the search; or

      (b) The name and address of the subject of the search and all of the following items:

             (1) The race or ethnicity of the subject of the search;

             (2) The hair color and eye color of the subject of the search;

             (3) The approximate height and weight of the subject of the search; and

             (4) The approximate age of the subject of the search.

After conducting a search based upon information provided pursuant to paragraph (a) or (b), the Central Repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.

      3.  After conducting a search of the statewide registry on behalf of a requester,] For each inquiry to the program, the requester must provide:

      (a) The name of the subject of the search;

      (b) Any alias of the subject of the search;

      (c) The zip code of the residence, place of work or school of the subject of the search; or


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      (d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

      3.  For each inquiry to the program, made by the requester, the Central Repository shall:

      (a) Explain the levels of notification that are assigned to sex offenders pursuant to NRS 179D.730; and

      (b) Explain that the Central Repository is prohibited by law from disclosing information concerning certain offenders, even if those offenders are listed in the statewide registry.

      4.  If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository:

      (a) Shall disclose to the requester information concerning an offender who is assigned a Tier 3 level of notification.

      (b) Except as otherwise provided in this paragraph, may, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification. The Central Repository shall not disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification if the offender:

             (1) Has been released from actual custody for 10 years or more; and

             (2) Has not been convicted of committing a sexual offense during the immediately preceding 10 years.

      (c) Shall not disclose to the requester information concerning an offender who is assigned a Tier 1 level of notification.

      5.  After each inquiry to the program made by the requester, the Central Repository shall inform the requester that:

      (a) No [person] offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

      (b) The search of the statewide registry has not produced information that is available to the public through the statewide registry;

      (c) The requester needs to provide additional information concerning the identity or location of the subject of the search before the Central Repository may disclose the results of the search; or

      [(c) A person]

      (d) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository:

             (1) Shall inform the requester of the name or any alias of the offender and the zip codes of the residence, work place and school of the offender.

             (2) Shall inform the requester of each offense for which the [subject of the search] offender was convicted , describing each offense in language that is understandable to the ordinary layperson, and the date and location of each conviction.

             [(2)] (3) Shall inform the requester of the age of the victim and offender at the time of each offense.


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             (4) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the [subject of the search] offender if such an image is available.

             [(3)] (5) Shall not provide the requester with any other information that is included in the record of registration for the [subject of the search.

      4.] offender.

      6.  For each inquiry to the program, the Central Repository shall [:

      (a) Charge a fee to the requester;

      (b) Maintain] maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester . [; and

      (c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.

      5.] 7.  A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      8.  The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

      (a) Accessing information in the statewide registry pursuant to NRS 179B.200;

      (b) Carrying out any duty pursuant to chapter 179D of NRS; or

      (c) Carrying out any duty pursuant to another provision of law.

      Sec. 8.  NRS 179B.260 is hereby repealed.

      Sec. 9.  The amendatory provisions of this act apply to offenses committed before October 1, 2003, for the purpose of determining whether a person is subject to the provisions of subsection 4 of NRS 200.366 or subsection 3 of NRS 201.230, as amended by this act.

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κ2003 Statutes of Nevada, Page 2832κ

 

CHAPTER 462, AB 81

Assembly Bill No. 81–Assemblymen Oceguera, Giunchigliani, Atkinson, Buckley, Claborn, Conklin, Horne and Pierce

 

CHAPTER 462

 

AN ACT relating to intellectual property; authorizing award for treble damages, attorney’s fees and costs in certain civil actions relating to marks; limiting the right of an employer to own certain intellectual property developed by an employee; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 600.430 is hereby amended to read as follows:

      600.430  1.  Any owner of a mark registered in this state may proceed by suit to enjoin the manufacture, use, display or sale of counterfeits or imitations of it . [and a]

      2.  A court of competent jurisdiction may [grant] :

      (a) Grant injunctions to restrain such manufacture, use, display or sale as it deems just and reasonable under the circumstances [, and may require the defendants] ;

      (b) Require the defendant to pay to the owner all profits derived from [his] the wrongful acts of the defendant and all damages suffered by reason of these acts [. The court may also order] ;

      (c) Require the defendant to pay to the owner treble damages on all profits derived from the willful and wrongful acts of the defendant and treble damages on all damages suffered by reason of these acts; and

      (d) Order that any counterfeits or imitations in the possession or control of any defendant be delivered for destruction to an officer of the court or to the complainant.

      [2.] 3.  In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

      4.  The enumeration of any right or remedy in this section does not affect a registrant’s right to prosecute under any penal law of this state.

      Sec. 2.  NRS 600.500 is hereby amended to read as follows:

      600.500  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 and scope of the employment that relates directly to work performed during the course and scope of the employment.

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κ2003 Statutes of Nevada, Page 2833κ

 

CHAPTER 463, AB 155

Assembly Bill No. 155–Committee on Judiciary

 

CHAPTER 463

 

AN ACT relating to records of criminal history; making various changes regarding authorizing background checks to ensure compliance with the federal law that authorizes the Federal Bureau of Investigation to exchange records of criminal history with officials of state and local government for purposes of employment and licensing; authorizing the Central Repository for Nevada Records of Criminal History to conduct investigations and to disseminate certain information concerning applicants and employees of private schools; expanding the offenses about which certain employers may obtain information concerning employees; authorizing such employers to obtain the same information about volunteers and prospective volunteers; revising certain provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 179.301 is hereby amended to read as follows:

      179.301  1.  The State Gaming Control Board and Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, [for purposes of determining] to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or gaming work permit pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.

      2.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

      3.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his duties.

      4.  As used in this section:

      (a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

      (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.


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      Sec. 1.5.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      An employer who fails to request information concerning the criminal history of a volunteer or prospective volunteer as authorized pursuant to subsection 4 of NRS 179A.100 is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.

      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Nevada Highway Patrol Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner recommended by the Advisory Committee and approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to [sexual offenses and other] records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) [Sexual offenses and other records] Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;


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κ2003 Statutes of Nevada, Page 2835 (Chapter 463, AB 155)κ

 

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

             (4) For whom such information is required to be obtained pursuant to NRS 449.179.

To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district or a private school for employment; or

             (3) Is employed by a county school district [,] or a private school,

and notify the superintendent of each county school district and the Superintendent of Public Instruction , or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district or the administrator of each private school, as appropriate, by providing [him] the superintendent or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or


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κ2003 Statutes of Nevada, Page 2836 (Chapter 463, AB 155)κ

 

             (2) Employed by a county school district or private school whose fingerprints were sent previously to the Central Repository for investigation,

who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are recommended by the Advisory Committee and approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau, for submission to the Legislature, or the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this state.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) At the recommendation of the Advisory Committee and in the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Advisory Committee” means the committee established by the Director of the Department pursuant to NRS 179A.078.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:


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             (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 3.  NRS 179A.080 is hereby amended to read as follows:

      179A.080  The Director of the Department is responsible for administering this chapter and may adopt regulations for that purpose. The Director shall:

      1.  Adopt regulations for the security of the Central Repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

      2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of information relating to [sexual offenses and other] records of criminal history [.] and information disseminated pursuant to NRS 179A.180 to 179A.240, inclusive.

      3.  Provide for audits of informational systems by qualified public or private agencies, organizations or persons.

      Sec. 4.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the Central Repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  [The] In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer [, upon request, information relating to sexual offenses] the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information [.] if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in NRS 179A.210 for the dissemination of a notice of information. Except as otherwise provided in this subsection, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to this subsection.


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provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to this subsection.

      5.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The State Gaming Control Board.

      (d) The State Board of Nursing.

      (e) The Private Investigator’s Licensing Board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the Public Utilities Commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) An agency which provides child welfare services, as defined in NRS 432B.030.

      (p) The Welfare Division of the Department of Human Resources or its designated representative.

      (q) An agency of this or any other state or the Federal Government that is conducting activities pursuant to Part D of [Title] Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 42 U.S.C. §§ 651 et seq.

      (r) The State Disaster Identification Team of the Division of Emergency Management of the Department.

      (s) The Commissioner of Insurance.


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      6.  Agencies of criminal justice in this state which receive information from sources outside this state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 5.  NRS 179A.110 is hereby amended to read as follows:

      179A.110  No person who receives information relating to [sexual offenses or other] records of criminal history pursuant to this chapter or who receives information pursuant to NRS 179A.180 to 179A.240, inclusive, may disseminate it further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.

      Sec. 6.  NRS 179A.130 is hereby amended to read as follows:

      179A.130  Each agency of criminal justice which maintains and disseminates information relating to [sexual offenses or other] records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for at least 1 year after the information is disseminated, and must contain:

      1.  An entry showing to what agency or person the information relating to [sexual offenses or other] records of criminal history were provided;

      2.  The date on which the information was provided;

      3.  The person who is the subject of the information; and

      4.  A brief description of the information provided.

      Sec. 7.  NRS 179A.140 is hereby amended to read as follows:

      179A.140  1.  [An] Except as otherwise provided in this subsection, an agency of criminal justice may charge a reasonable fee for information relating to [sexual offenses or other] records of criminal history [furnished] provided to any person or governmental entity . [except] An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice [and] if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department. The Central Repository shall not charge such a fee for information relating to a person regarding whom the Central Repository [furnished] provided a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.

      2.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

      Sec. 8.  NRS 179A.150 is hereby amended to read as follows:

      179A.150  1.  The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of information relating to [sexual offenses or other] records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than [that defined as information relating to sexual offenses or] information contained in a record of criminal history.


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      2.  Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to [sexual offenses or] other records of criminal history by those persons who are the subjects thereof. The regulations must specify:

      (a) The reasonable periods during which the records are available for inspection;

      (b) The requirements for proper identification of the persons seeking access to the records; and

      (c) The reasonable charges or fees, if any, for inspecting records.

      3.  Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.

      4.  The Director of the Department shall adopt regulations governing:

      (a) All challenges to the accuracy or sufficiency of information relating to [sexual offenses or other] records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction of any information relating to [sexual offenses or other record] records of criminal history found by the Director to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A time limit of not more than 90 days within which inaccurate or insufficient information relating to [sexual offenses or other] records of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to NRS 179A.210, to the address given by each person who requested the information when the request was made.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 179A.190 is hereby amended to read as follows:

      179A.190  1.  Notice of information relating to [sexual] the offenses listed in subsection 4 may be disseminated to employers pursuant to NRS 179A.180 to 179A.240, inclusive.

      2.  An employer may consider such a notice of information concerning an employee when making a decision to hire, retain, suspend or discharge the employee, and is not liable in an action alleging discrimination based upon consideration of information obtained pursuant to NRS 179A.180 to 179A.240, inclusive.

      3.  The provisions of NRS 179A.180 to 179A.240, inclusive, do not limit or restrict any other statute specifically permitting the dissemination or release of information relating to [sexual offenses.] the offenses listed in subsection 4.

      4.  The offenses for which a notice of information may be disseminated pursuant to subsection 1 includes information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to:

      (a) A sexual offense;

      (b) A conviction for a felony within the immediately preceding 7 years;


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      (c) An act committed outside this state that would constitute a sexual offense if committed in this state or a conviction for an act committed outside this state that would constitute a felony if committed in this state; and

      (d) The aiding, abetting, attempting or conspiring to engage in any such act in this state or another state.

      Sec. 11.  NRS 179A.200 is hereby amended to read as follows:

      179A.200  1.  [An] In addition to any other information which an employer is authorized to request pursuant to this chapter, an employer may request from the Central Repository notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning an employee.

      2.  A request for notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 from an employer must conform to the requirements of the Central Repository. The request must include:

      (a) The name and address of the employer, and the name and signature of the person requesting the notice on behalf of the employer;

      (b) The name and address of the employer’s facility in which the employee is employed or seeking to become employed;

      (c) The name, a complete set of fingerprints and other identifying information of the employee;

      (d) Signed consent by the employee [to a] authorizing:

             (1) The employer to forward the fingerprints of the employee to the Central Repository for submission to the Federal Bureau of Investigation for its report;

             (2) A search of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning [him, and for] the employee; and

             (3) The release of a notice concerning that information;

      (e) The mailing address of the employee or a signed waiver of the right of the employee to be sent a copy of the information disseminated to the employer as a result of the search of the records of criminal history; and

      (f) The signature of the employee indicating that he has been notified of:

             (1) The types of information for which notice is subject to dissemination pursuant to NRS 179A.210, or a description of the information;

             (2) The employer’s right to require a check of the records of criminal history as a condition of employment; and

             (3) The employee’s right, pursuant to NRS 179A.150, to challenge the accuracy or sufficiency of any information disseminated to the employer.

      Sec. 12.  NRS 179A.210 is hereby amended to read as follows:

      179A.210  1.  Upon receipt of a request from an employer for notice of information relating to [sexual offenses,] the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall undertake a search for the information, unless the request does not conform to the requirements of the Repository. The search must be based on the [employee’s fingerprints,] fingerprints of the employee, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:

      (a) Identifying any information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning the employee in the Central Repository;


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      (b) Requesting information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning the employee from federal repositories and repositories of other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;

      (c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and

      (d) Determining whether the information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 is the type of information for which notice is subject to dissemination pursuant to this section.

      2.  Notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:

      (a) A conviction for [a sexual] any such offense, or a conviction based on an arrest or on an initial charge for [a sexual] any such offense;

      (b) An arrest or an initial charge for a sexual offense that is pending at the time of the request; or

      (c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.

      3.  If a search of the records of the Central Repository reveals no information for which notice is subject to release, the Central Repository shall submit the fingerprints of the employee to the Federal Bureau of Investigation for a search of its records of criminal history. The Central Repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.

      4.  Within 30 days after receipt of a request by an employer for notice of information relating to [sexual offenses,] the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:

      (a) No information for which notice is subject to release, the report must include a statement to that effect; or

      (b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.

      5.  Upon receipt of corrected information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this section, the Central Repository shall send written notice of the correction to:

      (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

      (b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received the information.


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      6.  Upon receipt of new information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the Central Repository shall send written notice of the information to:

      (a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;

      (b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and

      (c) Upon request of the employee, any other employers who previously received a report of the results of the search.

      Sec. 13.  NRS 179A.230 is hereby amended to read as follows:

      179A.230  1.  A person who is the subject of a request for notice of information [relating to sexual offenses] pursuant to NRS 179A.180 to 179A.240, inclusive, may recover his actual damages in a civil action against:

      (a) The Central Repository for an intentional or grossly negligent:

             (1) Dissemination of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 not authorized for dissemination; or

             (2) Release of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 to a person not authorized to receive the information;

      (b) The Central Repository for an intentional or grossly negligent failure to correct any notice of information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 which was disseminated pursuant to NRS 179A.180 to 179A.240, inclusive; or

      (c) An employer, representative of an employer or employee for an intentional or grossly negligent violation of NRS 179A.110. Punitive damages may be awarded against an employer, representative of an employer or employee whose violation of NRS 179A.110 is malicious.

      2.  An employer is liable to a child served by the employer for damages suffered by the child as a result of [a sexual] an offense listed in subsection 4 of NRS 179A.190 committed against the child by an employee [hired on or after January 1, 1988,] if, at the time the employer hired the employee, the employee was the subject of information relating to [sexual] the offenses for which notice was available for dissemination to the employer and the employer:

      (a) Failed, without good cause, to request notice of the information pursuant to NRS 179A.180 to 179A.240, inclusive; or

      (b) Was unable to obtain the information because the employee refused to consent to the search and release of the information, and the employer hired or retained the employee despite this refusal.

The amount of damages for which an employer is liable pursuant to this subsection must be reduced by the amount of damages recovered by the child in an action against the employee for damages sustained as a result of [the sexual offense.] an offense listed in subsection 4 of NRS 179A.190.

      3.  An action pursuant to this section must be brought within 3 years after:

      (a) The occurrence upon which the action is based; or

      (b) The date upon which the party bringing the action became aware or reasonably should have become aware of the occurrence, whichever was earlier, if he was not aware of the occurrence at the time of the occurrence.


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      4.  This section does not limit or affect any other rights, claims or causes of action arising by statute or common law.

      Sec. 14.  NRS 179A.240 is hereby amended to read as follows:

      179A.240  A person who knowingly and willfully:

      1.  Uses NRS 179A.180 to 179A.240, inclusive, to obtain or seek to obtain information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 under false pretenses;

      2.  Disseminates or attempts to disseminate information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he knows was not received in accordance with the provisions of this chapter; or

      3.  Disseminates or attempts to disseminate information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that he knows is false, inaccurate or incomplete,

is guilty of a misdemeanor.

      Sec. 15.  NRS 179A.310 is hereby amended to read as follows:

      179A.310  1.  The revolving Account to Investigate the Background of Volunteers Who Work With Children is hereby created in the State General Fund.

      2.  The Director of the Department shall administer the Account to Investigate the Background of Volunteers Who Work With Children. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies to determine whether a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children has committed [a sexual offense.] an offense listed in subsection 4 of NRS 179A.190. The existence of the Account to Investigate the Background of Volunteers Who Work With Children does not create a right in any person to receive money from the Account.

      3.  The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account to Investigate the Background of Volunteers Who Work With Children.

      4.  The interest and income earned on money in the Account from any gift, donation [,] or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation [,] or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:

      (a) The procedure by which a person may apply for a grant of money from the Account to Investigate the Background of Volunteers Who Work With Children;

      (b) The criteria that the Department will consider in determining whether to award such a grant of money from the Account; and

      (c) Procedures to distribute the money in the Account in a fair and equitable manner.

      6.  The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:


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      (a) The fact that the nonprofit agency did not apply for a grant of money from the Account.

      (b) The fact that the nonprofit agency did not request that the Central Repository, through the use of the Account, determine whether a volunteer or prospective volunteer of the nonprofit agency has committed [a sexual offense.] an offense listed in subsection 4 of NRS 179A.190.

      Sec. 16.  NRS 179B.250 is hereby amended to read as follows:

      179B.250  1.  The Department shall, in a manner prescribed by the Director, establish within the Central Repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.

      2.  Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:

      (a) The name of the subject of the search and at least one of the following items:

             (1) The social security number of the subject of the search;

             (2) The identification number from a driver’s license or an identification card issued to the subject of the search by this state; or

             (3) The date of birth of the subject of the search; or

      (b) The name and address of the subject of the search and all of the following items:

             (1) The race or ethnicity of the subject of the search;

             (2) The hair color and eye color of the subject of the search;

             (3) The approximate height and weight of the subject of the search; and

             (4) The approximate age of the subject of the search.

After conducting a search based upon information provided pursuant to paragraph (a) or (b), the Central Repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.

      3.  After conducting a search of the statewide registry on behalf of a requester, the Central Repository shall inform the requester that:

      (a) No person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search;

      (b) The requester needs to provide additional information concerning the identity of the subject of the search before the Central Repository may disclose the results of the search; or

      (c) A person listed in the statewide registry matches the information provided by the requester concerning the identity of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository:

             (1) Shall inform the requester of each offense for which the subject of the search was convicted and the date and location of each conviction.


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             (2) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the subject of the search if such an image is available.

             (3) Shall not provide the requester with any other information that is included in the record of registration for the subject of the search.

      4.  For each inquiry to the program, the Central Repository shall:

      (a) Charge a fee to the requester;

      (b) Maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester; and

      (c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.

      5.  A person may not use information obtained through the program as a substitute for information relating to [sexual] the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      Sec. 17.  NRS 202.366 is hereby amended to read as follows:

      202.366  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History [and] for submission to the Federal Bureau of Investigation for [a] its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

      2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

      3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the department. The permit must be in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County.....................................         Permit Number............................

Expires.....................................         Date of Birth...............................

Height......................................         Weight..........................................

Name.......................................         Address.........................................

City...........................................         Zip.................................................

                                                                         Photograph


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Signature.................................

Issued by.................................

Date of Issue..........................

Make, model and caliber of each authorized firearm....................

 

      4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires:

      (a) If the permittee was a resident of this state at the time the permit was issued, on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      (b) If the permittee was not a resident of this state at the time the permit was issued, on the third anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      5.  If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.

      Sec. 18.  NRS 239B.010 is hereby amended to read as follows:

      239B.010  1.  Any agency of the State or any political subdivision may request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

      [1.] (a) Who has applied to it for a license as required by any statute or local ordinance which it has the power to grant or deny;

      [2.] (b) With whom it intends to enter into a relationship of employment or a contract for personal services; or

      [3.] (c) About whom it has a legitimate need to have accurate personal information for the protection of the agency or the people within its jurisdiction.

      2.  Except as otherwise provided in subsection 3:

      (a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must:

             (1) Require the person to submit a complete set of his fingerprints; and

             (2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) Only the Central Repository may:

             (1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;

             (2) Submit those fingerprints to the Federal Bureau of Investigation; and

             (3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

      3.  If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation:

      (a) The provisions of subsection 2 do not apply to the agency or political subdivision; and


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      (b) The agency or political subdivision must comply with the specific procedures required by federal law.

      Sec. 19.  NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his application a complete set of his fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation [and to the Central Repository for Nevada Records of Criminal History for their reports] for its report on the criminal history of the applicant.

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if he determines that the applicant is otherwise qualified.

      5.  A license must be issued to an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district for which the applicant applied; and

      (c) The applicant submits the statement required pursuant to NRS 391.034.

      Sec. 20.  NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and

      (b) Shall establish policies governing the duties and performance of teacher aides.

      3.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation [and the Central Repository for Nevada Records of Criminal History for their reports] for its report on the criminal history of the applicant.


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      4.  Except as otherwise provided in subsection 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this state if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

      5.  A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his leave of absence.

      6.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer. In addition, persons who provide police services pursuant to subsection 7 or 8 shall be deemed school police officers.

      7.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS [,] may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district, but outside the jurisdiction of the metropolitan police department.

      8.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.


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      Sec. 21.  NRS 394.465 is hereby amended to read as follows:

      394.465  1.  Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person:

      (a) To occupy an instructional position;

      (b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position; or

      (c) To act as an agent for the institution,

the applicant must submit to the Administrator completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of a complete set of his fingerprints to the Central Repository for Nevada Records of Criminal History [and] for its report and for submission to the Federal Bureau of Investigation [.] for its report. The fingerprint cards and authorization form submitted must be those which are provided to the applicant by the Administrator. The applicant’s fingerprints must be taken by an agency of law enforcement.

      2.  The Administrator shall keep the results of the investigation confidential . [, except that if the investigation discloses that the applicant has been convicted of any felony, the Administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.]

      3.  The applicant shall pay the cost of the investigation.

      4.  An applicant is not required to satisfy the requirements of subsection 1 if he:

      (a) Is licensed by the Superintendent of Public Instruction;

      (b) Is an employee of the United States Department of Defense;

      (c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution; or

      (d) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.

      Sec. 22.  NRS 450B.800 is hereby amended to read as follows:

      450B.800  An applicant for any permit, license or certificate issued pursuant to this chapter shall furnish to the health authority a complete set of his fingerprints and written permission authorizing the health authority 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. The health authority may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant.

      Sec. 23.  NRS 463.1405 is hereby amended to read as follows:

      463.1405  1.  The Board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which Commission approval is required or permission is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to ensure that licenses are not issued or held by, nor is there any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified, disqualified or unsuitable persons, or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations.


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      2.  To request and receive information from the Federal Bureau of Investigation concerning an investigation of an applicant pursuant to this section, the Board must receive a complete set of fingerprints of the applicant which the Board must forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the Board.

      [3.] 4.  The Commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved, for any cause deemed reasonable by the Commission.

      Sec. 24.  NRS 463.4095 is hereby amended to read as follows:

      463.4095  1.  To register with or request the approval of the Executive Director, a qualified organization must submit to him:

      (a) A written application containing:

             (1) The name, address and nature of the organization.

             (2) Proof that the organization is a qualified organization.

             (3) The names of the officers or principals of the organization, and of any person responsible for the management, administration or supervision of the organization’s charitable bingo games and any activities related to those bingo games.

             (4) A description of all the prizes to be offered in charitable bingo games operated by the organization during the calendar year to which the application pertains and, if the approval of the Executive Director is required, a summary of the anticipated expenses of conducting those bingo games, including copies of any proposed agreements between the organization and any suppliers of material for the operation of those bingo games.

             (5) A description of the intended use of the net proceeds of charitable bingo games operated by the organization during the calendar year to which the application pertains.

             (6) The address of the location where charitable bingo games will be conducted by the organization during the calendar year to which the application pertains.

             (7) A statement that charitable bingo games will be conducted in accordance with standards of honesty and integrity applicable to licensed bingo games in this state.

             (8) Any other information the Executive Director deems appropriate.

      (b) A nonrefundable fee of:

             (1) For registration, $10; or

             (2) For a request for approval, $25.

      (c) If the qualified organization requests approval of the Executive Director, it must [submit the] :

             (1) Submit a complete set of the fingerprints of its officers, principals and persons responsible for management of the bingo games, on forms approved by the Executive Director , which the Executive Director may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and [must reimburse]


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History for submission to the Federal Bureau of Investigation for its report; and [must reimburse]

             (2) Reimburse the Board for its costs incurred in submitting the fingerprints for review.

      2.  A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete. The approval of a qualified organization is suspended during the period that any of the information is inaccurate or incomplete. The Executive Director may reinstate the approval of the organization only after all information has been corrected and completed.

      3.  The money collected pursuant to this section must be expended to administer and enforce the provisions of NRS 463.4091 to 463.40965, inclusive.

      Sec. 25.  NRS 463.520 is hereby amended to read as follows:

      463.520  A corporation, other than a publicly traded corporation, which applies for a state gaming license shall register as a corporation 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,] :

      (a) The names and personal history [and] of all officers, directors and key employees;

      (b) A complete set of the fingerprints of all officers, directors and key employees [, and the] which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) The names, addresses and number of shares held by all stockholders.

      2.  The rights and privileges acquired by the holders of different classes of authorized securities, including debentures.

      3.  The terms on which securities are to be offered.

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

      5.  The extent of the equity security holding in the corporation of all officers, directors and 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 officers 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 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.

      11.  Profit and loss statements for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.

      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.


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κ2003 Statutes of Nevada, Page 2853 (Chapter 463, AB 155)κ

 

      Sec. 26.  NRS 463.568 is hereby amended to read as follows:

      463.568  The limited partnership which applies for a state gaming license shall register as a limited partnership 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,] :

      (a) The names and personal history [and] of all general partners and key employees;

      (b) A complete set of the fingerprints of all general partners and key employees [, and the] which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) The name, address and interest of each limited partner.

      2.  The rights, privileges and relative priorities of limited partners as to the return of contributions to capital, and the right to receive income.

      3.  The terms on which limited partnership interests are to be offered.

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

      5.  The extent of the holding in the limited partnership 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 general partners 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 partnership 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 partnership 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. 27.  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,] :

      (a) The names and personal history of each director, manager, member and key employee; and

      (b) A complete set of the fingerprints of each director, manager, member and key employee [.] which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.


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κ2003 Statutes of Nevada, Page 2854 (Chapter 463, AB 155)κ

 

      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.

      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. 28.  NRS 463A.030 is hereby amended to read as follows:

      463A.030  1.  Not later than the date on which a labor organization which represents or seeks to represent gaming casino employees in this state begins an organizational activity directed at a gaming casino employee, the labor organization shall file with the Board a list of its personnel who:

      (a) Adjust or seek to adjust grievances for, negotiate or administer the wages, hours, working conditions or conditions of employment of any gaming casino employee;

      (b) Solicit, collect or receive , or seek to solicit, collect or receive any dues, assessments, levies, fines, contributions or other charges within this state for or on behalf of the organization from gaming casino employees; or

      (c) Act as officers, members of the governing body, business agents or in any other policymaking or supervisory position in the organization.

      2.  Each person listed shall file with the Board :

      (a) A complete set of his fingerprints [and complete] which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (b) Complete information in writing concerning his labor organization activities, prior performance of the same or similar functions, previous employment or occupational history [, and criminal] ; and

      (c) His criminal record if any, covering at least a 10-year period unless the Board determines that a shorter period is appropriate.

      3.  The Commission shall by regulation prescribe the frequency or circumstances or both with or under which the list must be revised.


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      4.  The Commission may by regulation prescribe:

      (a) Any further information to be required concerning each person listed or each person performing a particular function.

      (b) The addition of other personnel to the list whose duties significantly affect the conduct of a gaming operation.

      5.  In adopting regulations pursuant to this section, the Commission shall proceed in the manner prescribed in chapter 463 of NRS.

      6.  For the purposes of this section, “organizational activity” means:

      (a) Soliciting membership by direct personal contact;

      (b) Distributing cards regarding interests or representation; or

      (c) Distributing or posting a flyer, poster or advertisement.

      Sec. 29.  NRS 467.030 is hereby amended to read as follows:

      467.030  1.  The members of the Commission shall elect one of their number as Chairman of the Commission.

      2.  The Commission may purchase and use a seal.

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

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

      (b) [Requirements that fingerprints be obtained and criminal records be investigated for] Procedures for obtaining fingerprints pursuant to NRS 467.100 to investigate the criminal history of all ring officials and employees of the Commission [.] and any other applicant the Commission wishes to investigate.

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

      (d) Qualifications of licensees.

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

      Sec. 30.  NRS 467.100 is hereby amended to read as follows:

      467.100  1.  All contestants, promoters, managers, seconds, trainers and ring officials must be licensed by the Commission. No person may participate, directly or indirectly, in any professional contest or exhibition of unarmed combat unless he has first procured a license from the Commission.

      2.  The Commission may deny an application for a license or grant a limited, restricted or conditional license for any cause deemed sufficient by the Commission.

      3.  An application for a license constitutes a request for a determination of the applicant’s general suitability, character, integrity, and ability to participate or engage in, or be associated with contests or exhibitions of unarmed combat. The burden of proof is on the applicant to establish to the satisfaction of the Commission that the applicant is qualified to receive a license. By filing an application with the Commission, an applicant accepts the risk of adverse public notice, embarrassment, criticism, financial loss or other action with respect to his application, and expressly waives any claim for damages as a result thereof. Any written or oral statement that is made by any member of the Commission or any witness testifying under oath which is relevant to the application and investigation of the applicant is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in a civil action.

      4.  The Commission shall require:

      (a) Each ring official and employee of the Commission; and


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κ2003 Statutes of Nevada, Page 2856 (Chapter 463, AB 155)κ

 

      (b) Any other applicant the Commission wishes to investigate,

to submit to the Commission with the application a complete set of his fingerprints which the Commission may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      5.  After an application has been submitted to the Commission, the application may not be withdrawn unless the Commission consents to the withdrawal.

      [5.] 6.  The Commission shall fix a uniform scale of license fees.

      [6.] 7.  In addition to the license fees required by subsection [5,] 6, the Commission may require an applicant for a license to:

      (a) Pay the costs of the proceedings associated with the issuance of the license, 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 applicant upon the completion of the proceedings.

      [7.] 8.  It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.

      Sec. 31.  NRS 489.321 is hereby amended to read as follows:

      489.321  1.  An application for a manufacturer’s, dealer’s, rebuilder’s, serviceman’s or installer’s license must be filed upon forms supplied by the Division and include the social security number of the applicant. The applicant must furnish:

      (a) Any proof the Division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.

      (b) Any proof the Division may require that the applicant has an established place of business.

      (c) Any proof the Division may require of the applicant’s good character and reputation and of his fitness to engage in the activities for which the license is sought.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant under this section.

      (e) In the case of a dealer in new manufactured homes, an instrument in the form prescribed by the Division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (f) A reasonable fee fixed by regulation.

      (g) In the case of a dealer, rebuilder, serviceman or installer, proof of passing the examination required under NRS 489.351.

      (h) Any additional requirements the Division may from time to time prescribe by regulation.


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κ2003 Statutes of Nevada, Page 2857 (Chapter 463, AB 155)κ

 

      2.  Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Division shall issue to the applicant a dealer’s, manufacturer’s, installer’s, rebuilder’s or serviceman’s license containing the applicant’s name and the address of his fixed place of business.

      4.  Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.

      Sec. 32.  NRS 489.341 is hereby amended to read as follows:

      489.341  1.  A person shall not act as a salesman in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any manufactured home, mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:

      (a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address, his social security number and the name and address of his employer.

      (b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the Administrator 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. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information relating to the fingerprints of an applicant.

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (f) Payment of a reasonable license fee established by regulation.

      (g) The applicant to have passed the examination required by NRS 489.351.

      (h) Any other information the Division deems necessary.

      2.  Within 60 days after the receipt of a complete application, the Division shall issue or deny the license.

      3.  The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.


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κ2003 Statutes of Nevada, Page 2858 (Chapter 463, AB 155)κ

 

      5.  A person licensed pursuant to this section shall not engage in sales activity other than for the account of, or for and in behalf of, a single employer who is a licensed dealer, rebuilder, serviceman or installer.

      6.  A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

      7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.

      8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer, rebuilder, serviceman [,] or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the Division every change in his place of employment [,] or termination of employment within 5 days after the date of making the change.

      Sec. 33.  NRS 574.040 is hereby amended to read as follows:

      574.040  1.  Except as otherwise provided in this subsection and NRS 574.350, a member, agent or local or district officer of a society so incorporating, if authorized in writing by the trustees of the society, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for a violation of the provisions of this chapter in the same manner as is provided for other officers. The provisions of this subsection apply only to a society that, on the date the society submits an application to the district judge for approval for a member, agent or local or district officer of the society to make arrests pursuant to this subsection:

      (a) Has at least 25 members; and

      (b) Has been incorporated in accordance with NRS 574.010 for not less than 5 years immediately preceding the submission of the application.

      2.  Before submitting an application specified in subsection 1, the society shall [submit to the sheriff of the county a complete set of the fingerprints of the] require that each member, agent or local or district officer of the society to whom the application relates [.] submit to the society a complete set of his fingerprints which the society shall submit to the sheriff of the county.

      3.  The sheriff shall:

      (a) Upon receipt of the fingerprints, [the sheriff shall] forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the member, agent or local or district officer of the society.

      (b) Upon receipt of the report, [the sheriff shall] forward the report to the society. The society shall include the report in the application submitted pursuant to subsection 1.


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      [3.] 4.  A member, agent or local or district officer who is authorized to make arrests pursuant to subsection 1 shall, when making those arrests, exhibit and expose a suitable badge, to be adopted by the society.

      [4.] 5.  A person who resists such a specially appointed officer shall be punished for that resistance in the same manner as is provided for the punishment of resistance to other officers.

      Sec. 34.  NRS 599B.115 is hereby amended to read as follows:

      599B.115  1.  Except as otherwise provided in subsection 5, each applicant for registration as a seller must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the applicant is located.

      2.  Except as otherwise provided in subsection 5, each principal officer, director, trustee, shareholder, owner, partner and employee of a seller, and each salesman associated with a seller who is not an employee of the seller, must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the seller is located that authorizes his association with the seller.

      3.  The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed each year.

      4.  If the sheriff of a county requires an applicant for a work card to be investigated, the applicant must submit [a set of his fingerprints] with his application [,] a complete set of his fingerprints which the sheriff may [submit the fingerprints] forward to the Central Repository for Nevada Records of Criminal History [and] for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      5.  A person who is licensed or registered pursuant to chapter 119A or 645 of NRS is not required to obtain a work card pursuant to this section.

      Sec. 35.  NRS 616B.374 is hereby amended to read as follows:

      616B.374  1.  Except as otherwise provided in this section, a person shall not advertise or offer for sale in this state any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless he has obtained a solicitor’s permit from the Commissioner.

      2.  To obtain a solicitor’s permit, a person must file a written application with the Commissioner. The application must include:

      (a) The name, type and purposes of the association formed or proposed to be formed or financed;

      (b) [The name, residential address, business, professional or employment experience for the preceding 10 years and qualifications of] On forms furnished by the Commissioner, for each person associated or to be associated as director, promoter, manager, member of the board or in other similar capacity in the association, or in the formation of the proposed association or in the proposed financing [, together with the fingerprints of each person so associated or to be associated, on forms furnished by the Commissioner;] :

             (1) His name, residential address and qualifications;

            (2) His business, professional or employment experience for the preceding 10 years; and


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             (3) A complete set of his fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

      (d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated;

      (e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred;

      (f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor;

      (g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used;

      (h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and

      (i) Such additional pertinent information as the Commissioner may reasonably require.

      3.  The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if he continues to recruit new members for an association.

      4.  A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      5.  The provisions of this section do not apply to:

      (a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or

      (b) A person who is employed by:

             (1) Current members of an association; or

             (2) Employers that are considering membership in an association,

whose primary duties do not include solicitation of potential members of the association.

      Sec. 36.  NRS 631.220 is hereby amended to read as follows:

      631.220  1.  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:

      (a) File an application with the Board 45 days before the date on which the examination is to be given.

      (b) Accompany the application with a recent photograph of himself together with the required examination fee and such other documentation as the Board may require by regulation.

      (c) Submit with the application a complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  An application must include the social security number of the applicant.

      Sec. 37.  Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      Each applicant for a license to practice chiropractic or to practice as a chiropractor’s assistant must submit to the Board a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.


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fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      Sec. 38.  NRS 634A.110 is hereby amended to read as follows:

      634A.110  1.  An applicant for examination for a license to practice Oriental medicine , or any branch thereof, shall:

      (a) Submit an application to the Board on forms provided by the Board;

      (b) Submit satisfactory evidence that he is 21 years or older and meets the appropriate educational requirements;

      (c) Submit with the application a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (d) Pay a fee established by the Board of not more than $1,000; and

      [(d)] (e) Pay any fees required by the Board for an investigation of the applicant or for the services of a translator, if the translator is required to enable the applicant to take the examination.

      2.  An application submitted to the Board pursuant to subsection 1 must include the social security number of the applicant.

      Sec. 39.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless he is entitled to licensure under NRS 640.120 or 640.140, a person who desires to be licensed as a physical therapist must:

      1.  Apply to the Board, in writing, on a form furnished by the Board;

      2.  Include in the application his social security number and evidence, under oath, satisfactory to the Board, that he possesses the qualifications required by NRS 640.080 other than having passed the examination;

      3.  Pay to the Board at the time of filing his application a fee set by a regulation of the Board in an amount not to exceed $300;

      4.  Submit [his fingerprints] to the Board with his application [; and] a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      5.  Submit other documentation and proof the Board may require.

      Sec. 40.  NRS 640.250 is hereby amended to read as follows:

      640.250  Unless he is entitled to a license under NRS 640.270, a person who desires to be licensed as a physical therapist’s assistant must:

      1.  Apply to the Board, in writing, on a form furnished by the Board. The application for licensure as a physical therapist’s assistant must also be signed by the supervising physical therapist of the applicant.

      2.  Include in the application his social security number and evidence, under oath, satisfactory to the Board, that he possesses the qualifications required by NRS 640.230 other than having passed the examination.

      3.  Pay to the Board at the time of filing his application a fee set by a regulation of the Board in an amount not to exceed $200.

      4.  Submit [his fingerprints] to the Board with his application [.] a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      5.  Submit such documentation and proof as the Board may require.

      6.  Pay the fee for examination of the applicant as the Board may establish.


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      Sec. 41.  Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

      Each applicant for a license must submit to the Board a complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      Sec. 42.  NRS 641C.260 is hereby amended to read as follows:

      641C.260  Each applicant for a license or certificate must submit to the Board:

      1.  An application on a form provided by the Board; [and]

      2.  A complete set of his fingerprints which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      3.  The application fee prescribed in NRS 641C.470.

      Sec. 43.  NRS 645.355 is hereby amended to read as follows:

      645.355  1.  An applicant for a license as a broker, broker-salesman or salesman in this state must, as part of his application, be fingerprinted. Each applicant [shall,] must, at his own expense, and on a card provided by the Division, arrange to be fingerprinted by any police or sheriff’s office and [shall] must attach his fingerprint card, after his fingerprints are taken, to his application.

      2.  The Division may [mail] forward the applicant’s fingerprint card to :

      (a) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation [, Washington, D.C.,] for its report [, and to such] ; and

      (b) Such other law enforcement agencies as the Division may deem necessary.

      Sec. 44.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as a qualified intermediary unless he is registered as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.609, inclusive.

      2.  A person may apply for registration by paying to the Division a $100 fee plus the actual cost of a background investigation conducted by the Federal Bureau of Investigation and filing with the Division:

      (a) The following information on a form provided by the Division:

             (1) The applicant’s name, address and telephone number;

             (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each;

             (4) If the applicant is a natural person, the social security number of the applicant; and

             (5) The length of time the applicant has been engaged in the business of acting as such an intermediary;

      (b) If the person is a natural person, the statement required pursuant to NRS 645.6068; and

      (c) A card provided by the Division upon which a complete set of the applicant’s fingerprints, taken by an agency of law enforcement, are displayed.

      3.  The Division shall:


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      (a) [Mail] Forward the card upon which the applicant’s fingerprints are displayed to the Central Repository for submission to the Federal Bureau of Investigation; and

      (b) Request from the Central Repository and the Federal Bureau of Investigation such information regarding the applicant’s criminal history as the Division deems necessary.

      4.  Registration pursuant to this section must be renewed each year on or before the date of the original registration by providing the information required by the Division for that purpose and paying a renewal fee of $75.

      Sec. 45.  NRS 645B.450 is hereby amended to read as follows:

      645B.450  1.  A person shall not act as or provide any of the services of a mortgage agent or otherwise engage in, carry on or hold himself out as engaging in or carrying on the activities of a mortgage agent if the person:

      (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

      (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

      2.  A mortgage agent may not be associated with or employed by more than one mortgage broker at the same time.

      3.  A mortgage broker shall register with the Division each person who will be associated with or employed by the mortgage broker as a mortgage agent. A mortgage broker shall register each such person with the Division when the person begins his association or employment with the mortgage broker and annually thereafter. A registration expires 12 months after its effective date.

      4.  To register a person as a mortgage agent, a mortgage broker must:

      (a) Submit to the Division a registration form which is provided by the Division and which:

             (1) States the name, residence address and business address of the person;

             (2) Is signed by the person;

             (3) Includes a provision by which the person gives his written consent to an investigation of his credit history, criminal history and background; [and]

             (4) Includes a complete set of his fingerprints which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

             (5) Includes any other information or supporting materials required by the regulations adopted by the Commissioner. Such information or supporting materials may include, without limitation, [a complete set of fingerprints from the person,] the social security number of the person and other forms of identification of the person.

      (b) For each initial registration, pay the actual costs and expenses incurred by the Division to investigate the credit history, criminal history and background of the person. All money received pursuant to this paragraph must be placed in the Investigative Account created by NRS 232.545.

      (c) For each annual registration, submit to the Division satisfactory proof that the person attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the registration expires.


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      5.  Not later than the date on which the mortgage broker submits the information for annual registration required by subsection 4, the person being registered shall pay an annual registration fee of $125. If the person does not pay the annual registration fee, the person shall be deemed to be unregistered for the purposes of this chapter.

      6.  A mortgage broker shall not employ a person as a mortgage agent or authorize a person to be associated with the mortgage broker as a mortgage agent if the mortgage broker has not registered the person with the Division pursuant to this section or if the person:

      (a) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or

      (b) Has had a financial services license or registration suspended or revoked within the immediately preceding 10 years.

      7.  If a mortgage agent terminates his association or employment with a mortgage broker for any reason, the mortgage broker shall, not later than the third business day following the date of termination:

      (a) Deliver to the mortgage agent or send by certified mail to the last known residence address of the mortgage agent a written statement which advises him that his termination is being reported to the Division; and

      (b) Deliver or send by certified mail to the Division:

             (1) A written statement of the circumstances surrounding the termination; and

             (2) A copy of the written statement that the mortgage broker delivers or mails to the mortgage agent pursuant to paragraph (a).

      8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in NRS 645B.051.

      Sec. 46.  NRS 645C.300 is hereby amended to read as follows:

      645C.300  1.  Every application for a certificate, license or registration card must include the social security number of the applicant and be accompanied by the fee for the certificate, license or registration card.

      2.  Each applicant must:

      (a) At his own expense and on a card provided by the Division, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach the completed card to his application.

      3.  The Division may:

      (a) [Mail] Forward the completed card to :

             (1) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation [or any] for its report; and

             (2) Any other agency of law enforcement; and

      (b) Request from such an agency any information regarding the applicant’s criminal history as the Division deems necessary.

      Sec. 47.  NRS 645D.180 is hereby amended to read as follows:

      645D.180  1.  Every application for a certificate must be accompanied by the fee for the certificate.

      2.  Each applicant must:

      (a) At his own expense and on a card provided by the Division, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach the completed card to his application.

      3.  The Division may:

      (a) Require more than one set of fingerprints;

      (b) [Mail a] Forward the completed card to :


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             (1) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation [or any] for its report; and

             (2) Any other agency of law enforcement; and

      (c) Request from such an agency any information regarding the applicant’s criminal history that the Division deems necessary.

      Sec. 48.  NRS 648.080 is hereby amended to read as follows:

      648.080  Every application for a license must contain:

      1.  A detailed statement of the applicant’s personal history on the form specified by the Board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.

      2.  A statement of the applicant’s financial condition on the form specified by the Board. If the applicant is a corporation, the application must include such a statement concerning each officer and director.

      3.  A specific description of the location of the principal place of business of the applicant, the business in which he intends to engage and the category of license he desires.

      4.  A [full] complete set of fingerprints [and a] which the Board may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      5.  A recent photograph of the applicant or, if the applicant is a corporation, of each officer and director.

      [5.] 6.  Evidence supporting the qualifications of the applicant in meeting the requirements for the license for which he is applying.

      [6.] 7.  If the applicant is not a natural person, the full name and residence address of each of its partners, officers, directors and manager, and a certificate of filing of a fictitious name.

      [7.] 8.  Such other facts as may be required by the Board to show the good character, competency and integrity of each signatory.

      Sec. 49.  NRS 648.203 is hereby amended to read as follows:

      648.203  1.  Except as otherwise provided in subsection 2, it is unlawful for a person to:

      (a) Allow an employee, including an independent contractor, to perform any work regulated pursuant to the provisions of this chapter unless the employee holds a work card authorizing his work which is issued by the sheriff of the county in which the work is performed. The provisions of this paragraph do not apply to a person licensed pursuant to this chapter.

      (b) Work as a security guard unless he holds a work card authorizing his work as a security guard issued in accordance with applicable ordinances by the sheriff of the county in which the work is performed.

      2.  The provisions of subsection 1 do not apply in any county whose population is less than 100,000, but this subsection does not prohibit a board of county commissioners from adopting similar restrictions by ordinance.

      3.  The sheriff of any county in which such restrictions apply shall [submit the fingerprints of] require any person applying for such a work card to submit a complete set of his fingerprints to the sheriff who may forward the fingerprints to the Central Repository for Nevada Records of Criminal History [and] for submission to the Federal Bureau of Investigation to determine the applicant’s criminal history.

      Sec. 50.  NRS 649.196 is hereby amended to read as follows:

      649.196  1.  Each applicant for a manager’s certificate must submit proof satisfactory to the Commissioner that he:


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

      (b) Is at least 21 years of age.

      (c) Has a good reputation for honesty, trustworthiness, integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.

      (d) Has not committed any of the acts specified in NRS 649.215.

      (e) Has not had a collection agency license or manager’s certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.

      (f) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.

      (g) Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.

      2.  Each applicant must:

      (a) Pass the examination provided for in NRS 649.205.

      (b) Pay the required fees.

      (c) Submit [three] , in such form as the Commissioner prescribes:

             (1) Three recent photographs ; and [three]

             (2) Three complete sets of his fingerprints [in such form as] which the Commissioner [prescribes] may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (d) Submit such other information reasonably related to his qualifications for the manager’s certificate as the Commissioner determines to be necessary.

      3.  The Commissioner may refuse to issue a manager’s certificate if the applicant does not meet the requirements of subsections 1 and 2.

      4.  If the Commissioner refuses to issue a manager’s certificate pursuant to this section, he shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after he receives the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.

      Sec. 51.  NRS 654.150 is hereby amended to read as follows:

      654.150  Each applicant for licensure as a nursing facility administrator pursuant to this chapter must:

      1.  Be of good moral character and physically and emotionally capable of administering a facility for skilled nursing or facility for intermediate care.

      2.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board, including the study of:

      (a) The needs which are to be properly served by a facility for skilled nursing or facility for intermediate care;

      (b) The laws governing the operation of a facility and the protection of the patients’ interests; and

      (c) The elements of good administration of a facility.

In lieu of the specific requirements of this subsection, the applicant may present other evidence satisfactory to the Board of sufficient education, training or experience by which he would be qualified to administer, supervise and manage a facility.


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training or experience by which he would be qualified to administer, supervise and manage a facility.

      3.  Pass an examination conducted and prescribed by the Board pursuant to the provisions of this chapter.

      4.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation.

      5.  Submit the statement required pursuant to NRS 654.145.

      6.  Meet such other standards and qualifications as the Board may from time to time establish.

      Sec. 52.  NRS 654.155 is hereby amended to read as follows:

      654.155  Each applicant for licensure as an administrator of a residential facility for groups pursuant to this chapter must:

      1.  Be at least 21 years of age;

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

      3.  Be of good moral character and physically and emotionally capable of administering a residential facility for groups;

      4.  Have satisfactorily completed a course of instruction and training prescribed or approved by the Board or be qualified by reason of his education, training or experience to administer, supervise and manage a residential facility for groups;

      5.  Pass an examination conducted and prescribed by the Board;

      6.  Submit with his application:

      (a) A complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; [and]

      (b) A fee to cover the actual cost of obtaining the report from the Federal Bureau of Investigation; and

      (c) The statement required pursuant to NRS 654.145; and

      7.  Comply with such other standards and qualifications as the Board prescribes.

      Sec. 53.  NRS 683A.150 is hereby amended to read as follows:

      683A.150  Written application for a managing general agent’s license must be filed with the Commissioner by the applicant . [, accompanied by the applicable fee.]

      Sec. 54.  NRS 683A.160 is hereby amended to read as follows:

      683A.160  [Application for a license as a managing general agent shall be made in writing by the applicant desiring a license as a managing general agent, and filed with the Commissioner. The application shall be accompanied by the applicant’s fingerprints, by] Each applicant for a license as a managing general agent must submit with his application:

      1.  A complete set of his fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;


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      2.  The appointment of the applicant as a managing general agent by each insurer or underwriter department to be so represented [, and by the] ; and

      3.  The application and license fee specified in NRS 680B.010 . [(fee schedule).]

      Sec. 55.  NRS 689.175 is hereby amended to read as follows:

      689.175  1.  The proposed seller, or the appropriate corporate officer of the proposed seller, shall apply in writing to the Commissioner for a seller’s certificate of authority, showing:

      (a) The proposed seller’s name and address, and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the Commissioner may reasonably require.

      2.  The application must be accompanied by:

      (a) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund and accepts it;

      (b) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;

      (c) A certified copy of the articles of incorporation and the bylaws of any corporate applicant;

      (d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as required by the Commissioner;

      (e) A complete set of his fingerprints and written permission authorizing the Commissioner 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;

      (f) A fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant; and

      (g) The applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 56.  NRS 689.235 is hereby amended to read as follows:

      689.235  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner;

      (b) Must have a good business and personal reputation; and

      (c) Must not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, social security number and personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.


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      (c) Be accompanied by a complete set of the fingerprints of the applicant and written permission authorizing the Commissioner 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.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to NRS 689.258.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.265.

      Sec. 57.  NRS 689.490 is hereby amended to read as follows:

      689.490  1.  The proposed seller, or the appropriate corporate officer of the seller, shall apply in writing to the Commissioner for a seller’s permit, showing:

      (a) The proposed seller’s name and address and his occupations during the preceding 5 years;

      (b) The name and address of the proposed trustee;

      (c) The names and addresses of the proposed performers, specifying what particular services, supplies and equipment each performer is to furnish under the proposed prepaid contract; and

      (d) Such other pertinent information as the Commissioner may reasonably require.

      2.  The application must be accompanied by:

      (a) A copy of the proposed trust agreement and a written statement signed by an authorized officer of the proposed trustee to the effect that the proposed trustee understands the nature of the proposed trust fund and accepts it;

      (b) A copy of each contract or understanding, existing or proposed, between the seller and performers relating to the proposed prepaid contract or items to be supplied under it;

      (c) A certified copy of the articles of incorporation and the bylaws of any corporate applicant;

      (d) A copy of any other document relating to the proposed seller, trustee, trust, performer or prepaid contract, as required by the Commissioner;

      (e) A complete set of his fingerprints and written permission authorizing the Commissioner 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;

      (f) A fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant; and

      (g) The applicable fee established in NRS 680B.010, which is not refundable.

      Sec. 58.  NRS 689.520 is hereby amended to read as follows:

      689.520  1.  To qualify for an agent’s license, the applicant:

      (a) Must file a written application with the Commissioner on forms prescribed by the Commissioner; and


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      (b) Must not have been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      2.  The application must:

      (a) Contain information concerning the applicant’s identity, address, social security number, personal background and business, professional or work history.

      (b) Contain such other pertinent information as the Commissioner may require.

      (c) Be accompanied by a complete set of fingerprints and written permission authorizing the Commissioner 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.

      (d) Be accompanied by a fee representing the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant.

      (e) Be accompanied by the statement required pursuant to NRS 689.258.

      (f) Be accompanied by the applicable fee established in NRS 680B.010, which is not refundable.

      3.  A conviction of, or plea of guilty or nolo contendere by, an applicant or licensee for any crime listed in paragraph (b) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend or revoke the agent’s license pursuant to NRS 689.535.

      Sec. 59.  NRS 692B.070 is hereby amended to read as follows:

      692B.070  1.  A written application for any permit required under NRS 692B.040 must be filed with the Commissioner. The application must include or be accompanied by:

      (a) The name, type and purposes of the insurer, corporation, syndicate, association, firm or organization formed or proposed to be formed or financed;

      (b) [The name, residence address, business background and experience for the preceding 10 years and qualifications of] On forms furnished by the Commissioner, for each person associated or to be associated as incorporator, director, promoter, manager or in other similar capacity in the enterprise, or in the formation of the proposed insurer, corporation, syndicate, association, firm or organization, or in the proposed financing [, together with the fingerprints of each individual so associated or to be associated, on forms furnished by the Commissioner ;] :

             (1) His name, residential address and qualifications;

             (2) His business background and experience for the preceding 10 years; and

             (3) A complete set of his fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement;

      (d) Executed quadruplicate originals of the articles of incorporation of a proposed domestic stock or mutual insurer;


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      (e) The original and one copy of the proposed bylaws of a proposed domestic stock or mutual insurer;

      (f) The plan according to which solicitations are to be made and a reasonably detailed estimate of all organization and sales expenses to be incurred in the proposed organization and offering;

      (g) A copy of any security, receipt or certificate proposed to be offered, and a copy of any proposed subscription agreement or application therefor;

      (h) A copy of any prospectus, offering circular, advertising or sales literature or material proposed to be used;

      (i) A copy of the proposed form of any escrow agreement required;

      (j) A copy of:

             (1) The articles of incorporation of any corporation, other than a proposed domestic insurer, proposing to offer its securities, certified by the public officer having custody of the original thereof;

             (2) Any syndicate, association, firm, organization or other similar agreement, by whatever name called, if funds for any of the purposes referred to in subsection 1 of NRS 692B.040 are to be secured through the sale of any security, interest or right in or relative to such syndicate, association, firm or organization; and

             (3) If the insurer is, or is to be, a reciprocal insurer, the power of attorney and of other agreements existing or proposed affecting subscribers, investors, the attorney in fact or the insurer;

      (k) If the applicant is a natural person, the statement required pursuant to NRS 692B.193; and

      (l) Such additional pertinent information as the Commissioner may reasonably require.

      2.  The application must be accompanied by a deposit of the fees required under NRS 680B.010 for the filing of the application and for issuance of the permit, if granted.

      3.  If the applicant is a natural person, the application must include the social security number of the applicant.

      4.  In lieu of a special filing thereof of information required by subsection 1, the Commissioner may accept a copy of any pertinent filing made with the Securities and Exchange Commission relative to the same offering.

      Sec. 60.  NRS 692B.190 is hereby amended to read as follows:

      692B.190  1.  No person may in this state solicit subscription to or purchase of any security covered by a solicitation permit issued under this chapter, unless then licensed therefor by the Commissioner.

      2.  Such a license may be issued only to natural persons, and the Commissioner shall not license any person found by him to be:

      (a) Dishonest or untrustworthy;

      (b) Financially irresponsible;

      (c) Of unfavorable personal or business history or reputation; or

      (d) For any other cause, reasonably unsuited for fulfillment of the responsibilities of such a licensee.

      3.  The applicant for such a license must file his written application therefor with the Commissioner, on forms and containing inquiries as designated and required by the Commissioner. The application must include [the] or be accompanied by:

      (a) The social security number of the applicant [and be endorsed] ;


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      (b) An endorsement by the holder of the permit under which the securities are proposed to be sold [. The application must be accompanied by] ;

      (c) A complete set of the fingerprints of the applicant on forms furnished by the Commissioner [, and by the] ; and

      (d) The application fee specified in NRS 680B.010.

      4.  The Commissioner [shall] :

      (a) May forward the complete set of fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Shall promptly cause an investigation to be made of the identity and qualifications of the applicant.

      [4.] 5.  The license, if issued, must be for the period of the permit, and must automatically be extended if the permit is extended.

      [5.] 6.  The Commissioner shall revoke the license if at any time after issuance he has found that the license was obtained through misrepresentation or concealment of facts, or that the licensee is no longer qualified therefor, or that the licensee has misrepresented the securities offered, or has otherwise conducted himself in or with respect to transactions under the license in a manner injurious to the permit holder or to subscribers or prospects or the public.

      [6.] 7.  This section does not apply to securities broker-dealers registered as such under the Securities Exchange Act of 1934, or with respect to securities the sale of which is underwritten, other than on a best efforts basis, by such a broker-dealer.

      [7.] 8.  With respect to solicitation of subscriptions to or purchase of securities covered by a solicitation permit issued by the Commissioner, the license required by this section is in lieu of a license or permit otherwise required of the solicitor under any other law of this state.

      Sec. 61.  NRS 697.180 is hereby amended to read as follows:

      697.180  1.  A written application for a license as a bail agent, general agent, bail enforcement agent or bail solicitor must be filed with the Commissioner by the applicant, accompanied by the applicable fees. The application form must [include] :

      (a) Include the social security number of the applicant [and be] ;

      (b) Be accompanied by a complete set of the applicant’s fingerprints [, and must require] which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Require full answers to questions reasonably necessary to determine the applicant’s:

      [(a)] (1) Identity and residence.

      [(b)] (2) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any.

      [(c)] (3) Prior criminal history, if any.

      2.  The Commissioner may require the submission of such other information as may be required to determine the applicant’s qualifications for the license for which he applied.

      3.  The applicant must verify his application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith.


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      Sec. 62.  NRS 706.8841 is hereby amended to read as follows:

      706.8841  1.  The Administrator shall issue a driver’s permit to qualified persons who wish to be employed by certificate holders as taxicab drivers. Before issuing a driver’s permit, the Administrator shall:

      (a) Require the applicant to submit a complete set of his fingerprints [, which must be forwarded] which the Administrator may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and shall further investigate the applicant’s background; and

      (b) Require proof that the applicant:

             (1) Has been a resident of the State for 30 days before his application for a permit;

             (2) Can read and orally communicate in the English language; and

             (3) Has a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state.

      2.  The Administrator may refuse to issue a driver’s permit if the applicant has been convicted of:

      (a) A felony, other than a felony involving any sexual offense, in this state or any other jurisdiction within 5 years before the date of the application;

      (b) A felony involving any sexual offense in this state or any other jurisdiction at any time before the date of the application; or

      (c) A violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct within 3 years before the date of the application.

      3.  The Administrator may refuse to issue a driver’s permit if the Administrator, after the background investigation of the applicant, determines that the applicant is morally unfit or if the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A taxicab driver shall pay to the Administrator, in advance, $20 for an original driver’s permit and $5 for a renewal.

      Sec. 63.  NRS 179A.065 and 179B.120 are hereby repealed.

      Sec. 64.  This act becomes effective upon passage and approval.

________

 


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CHAPTER 464, AB 232

Assembly Bill No. 232–Assemblymen Conklin, Atkinson, Horne, Perkins, Buckley, Anderson, Andonov, Angle, Arberry, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Pierce, Sherer, Weber and Williams

 

Joint Sponsors: Senators Townsend, Amodei, Titus, Hardy, Carlton, Care, Cegavske, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Schneider, Shaffer, Tiffany, Washington and Wiener

 

CHAPTER 464

 

AN ACT relating to trade practices; requiring the establishment of a registry of certain telephone numbers or the use of a similar federal list; requiring the publication of a list of certain telephone numbers or the use of a similar federal list; prohibiting a telephone solicitor from making an unsolicited telephone call for the sale of goods or services to a telephone number included in the currently effective version of the list under certain circumstances; providing that the making of an unsolicited telephone call for the sale of goods and services is a deceptive trade practice under certain circumstances; providing that a seller of travel may maintain a trust account or post security; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 597.814 is hereby amended to read as follows:

      597.814  1.  Except as otherwise provided in subsection 3 and NRS 597.816, a person shall not use a device for automatic dialing and announcing to disseminate a prerecorded message in a telephone call unless, before the message is disseminated, a recorded or unrecorded natural voice:

      (a) Informs the person who answers the telephone call of the nature of the call, including, without limitation, the fact that a device for automatic dialing and announcing will be used to disseminate the message if the person who answers the call remains on the line; and

      (b) Provides to the person who answers the telephone call the name, address and telephone number of the business or organization, if any, being represented by the caller.

      2.  A person shall not operate a device for automatic dialing and announcing to place:

      (a) A call that is received by a telephone located in this state during the period between [9] 8 p.m. and 9 a.m.; or

      (b) A call-back or second call to the same telephone number [,] if a person at the telephone number terminated the original call.

      3.  This section does not prohibit the use of a device for automatic dialing and announcing to dial the number of and play a recorded message to a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.


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a person with whom the person using the device or another person affiliated with the person using the device has a preexisting business relationship.

      Sec. 2.  NRS 598.0918 is hereby amended to read as follows:

      598.0918  A person engages in a “deceptive trade practice” if , during a solicitation by telephone or sales presentation, he:

      1.  Uses threatening, intimidating, profane or obscene language;

      2.  Repeatedly or continuously conducts the solicitation or presentation in a manner that is considered by a reasonable person to be annoying, abusive or harassing;

      3.  Solicits a person by telephone at his residence between [9] 8 p.m. and [8 a.m.; or] 9 a.m.;

      4.  Blocks or otherwise intentionally circumvents any service used to identify the caller when placing an unsolicited telephone call [.] ; or

      5.  Places an unsolicited telephone call that does not allow a service to identify the caller by the telephone number or name of the business, unless such identification is not technically feasible.

      Sec. 3.  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, 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.

      2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, 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:

      (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, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, 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:


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      (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.

      6.  If a person violates any provision of sections 5 to 19, inclusive, of this act, 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 Attorney General 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. 3.3.  NRS 598.375 is hereby amended to read as follows:

      598.375  1.  Except as otherwise provided in subsection 8, each seller of travel 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 seller of travel 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 seller of travel.

      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 $50,000.

      4.  If the seller of travel deposits a bond, the seller of travel 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 seller of travel 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 comply with the requirements of this chapter.

      6.  A seller of travel may change the form of security that he has deposited with the Division. If the seller of travel 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 seller of travel as security for claims arising during the time the previous security was in effect.

      7.  If the amount of the deposited security falls below the amount required by this chapter for that security, the seller of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.


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      8.  The provisions of this section do not apply to a seller of travel who [is] :

      (a) Is accredited by and appointed as an agent of the Airlines Reporting Corporation [.] ; or

      (b) Maintains a trust account in accordance with the provisions of section 5 of Assembly Bill No. 343 of this session.

      Sec. 3.5.  NRS 598A.260 is hereby amended to read as follows:

      598A.260  1.  All money obtained as awards, damages or civil penalties for the State of Nevada and its agencies by the Attorney General as a result of enforcement of statutes pertaining to unfair trade practices, whether by final judgment, settlement or otherwise must be deposited in the State Treasury as follows:

      (a) All attorney’s fees and costs and 50 percent of all recoveries for credit to the Attorney General’s Special Fund.

      (b) The balance of the recoveries for credit to the State General Fund.

      2.  Money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 must be used for payment of the expenses of enforcing the statutes pertaining to unfair trade practices [.] and sections 5 to 19, inclusive, of this act. Those expenses which are in excess of the amount available in the fund must be paid out of the legislative appropriation for the support of the Office of Attorney General.

      3.  On June 30 of each fiscal year, any amount in excess of [$200,000] $450,000 in the Attorney General’s Special Fund of the money collected pursuant to subsection 1 reverts to the State General Fund.

      4.  The balance of the money in the Attorney General’s Special Fund that is collected pursuant to subsection 1 must not exceed [$250,000.] $500,000. If money deposited in the State Treasury for credit to the Attorney General’s Special Fund pursuant to subsection 1 would cause that balance to exceed [$250,000] $500,000 if credited to the Fund, the amount of the deposit which would cause the balance to exceed [$250,000] $500,000 immediately reverts to the State General Fund.

      Sec. 4.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 19, inclusive, of this act.

      Sec. 5.  As used in sections 5 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6, 7 and 8 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  “Registry” means the registry established pursuant to section 10 of this act unless, pursuant to section 9 of this act, the part of the single national database that relates to this state is deemed to be the registry.

      Sec. 7.  1.  “Telephone solicitor” means a person who makes or causes another person or a machine to make an unsolicited telephone call for the sale of goods or services.

      2.  As used in this section:

      (a) “Device for automatic dialing and announcing” has the meaning ascribed to it in NRS 597.812.

      (b) “Machine” includes, without limitation, a device for automatic dialing and announcing.

      Sec. 8.  1.  “Unsolicited telephone call for the sale of goods or services” means an unsolicited telephone call, other than a telephone call on behalf of a charitable organization, religious organization or political organization, to:

      (a) Rent, lease, sell, exchange, promote or gift any good or service;


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      (b) Solicit any act described in paragraph (a);

      (c) Seek or obtain a donation or contribution of money or anything else of value; or

      (d) Seek or obtain information, including, without limitation, any document, intended to be used to facilitate any act described in paragraph (a), (b) or (c).

      2.  As used in this section:

      (a) “Charitable organization” means a person that the Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3).

      (b) “Committee for political action” means a committee for political action, as defined in NRS 294A.0055, which has registered pursuant to NRS 294A.230.

      (c) “Good or service” means:

             (1) Any property or product, whether tangible or intangible;

             (2) Any service, including, without limitation, financial service;

             (3) A loan or any other extension of credit;

             (4) Insurance;

             (5) Any investment or opportunity for investment;

             (6) A gift, prize, bonus or any other inducement to act; or

             (7) Anything of value.

      (d) “Political organization” means a committee for political action, political party or candidate for public office.

      (e) “Religious organization” means an organization for which the primary purpose is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted.

      (f) “Telephone call on behalf of a charitable organization, religious organization or political organization” means a telephone call on behalf of the organization if the call is made by:

             (1) An employee of the organization who is paid directly by the organization; or

             (2) A volunteer.

      3.  For the purposes of this section, a telephone call is deemed to have been solicited if it is made to a person who:

      (a) Expressly requested or expressly gave permission for the telephone call to be made;

      (b) Had an established business relationship with the caller, if the telephone call is made solely to verify the termination of the business relationship; or

      (c) Has a delinquent obligation for which payment or performance is due but has not been made, if the telephone call is made to:

             (1) Collect the payment or obtain the performance; or

             (2) Extend credit to allow the person to make the payment.

      Sec. 9.  1.  If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services, the Attorney General shall, to the extent consistent with federal law, examine that database and the federal law relating to that database for the purposes of sections 5 to 19, inclusive, of this act. Based upon this examination and his analysis of the applicable needs of this state, the Attorney General may issue a finding that:


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applicable needs of this state, the Attorney General may issue a finding that:

      (a) The part of the single national database that relates to this state is adequate to serve as the registry for the purposes of sections 5 to 19, inclusive, of this act; and

      (b) It is in the best interests of this state for the Attorney General to use the part of the single national database that relates to this state as the registry for the purposes of sections 5 to 19, inclusive, of this act.

      2.  Except as otherwise provided in subsection 3, if the Attorney General issues the finding described in subsection 1:

      (a) The part of the single national database that relates to this state shall be deemed to be the registry for the purposes of sections 5 to 19, inclusive, of this act;

      (b) The Attorney General shall forward the applicable information in the registry established pursuant to section 10 of this act, if any, to the federal agency or other appropriate person who maintains the single national database;

      (c) The provisions of sections 10 and 13 of this act do not apply;

      (d) The provisions of paragraphs (b), (c) and (d) of subsection 1 of section 11 of this act do not apply; and

      (e) The provisions of subsection 3 of section 14 of this act do not apply.

      3.  Not less than biennially, the Attorney General shall reexamine the single national database and the federal law relating to that database for the purposes of sections 5 to 19, inclusive, of this act. Based upon this reexamination and his analysis of the applicable needs of this state, the Attorney General may rescind his finding issued pursuant to subsection 1. If the Attorney General rescinds his finding:

      (a) Except as otherwise provided in paragraph (d), 1 month after the Attorney General rescinds his finding, the provisions of section 10 of this act apply;

      (b) Five months after the Attorney General rescinds his finding, the provisions of section 13 of this act apply;

      (c) Six months after the Attorney General rescinds his finding:

             (1) The provisions of paragraphs (b), (c) and (d) of subsection 1 of section 11 of this act apply;

             (2) The provisions of subsection 3 of section 14 of this act apply; and

             (3) The part of the single national database that relates to this state shall cease to be deemed to be the registry for the purposes of sections 5 to 19, inclusive, of this act; and

      (d) Three years after the Attorney General rescinds his finding, the provisions of paragraph (d) of subsection 1 of section 10 of this act apply.

      4.  At any time after rescinding a finding pursuant to subsection 3, the Attorney General may again issue a finding described in subsection 1, and may rescind that finding pursuant to subsection 3.

      Sec. 10.  1.  The Attorney General shall:

      (a) Establish and maintain, or cause to be established and maintained, a registry that includes the name and telephone number of each person in this state who has requested that his telephone number be included in the list published pursuant to this section;

      (b) Provide for a toll-free telephone number that may be used to request inclusion or maintenance of a telephone number in the registry;


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      (c) Publish a list of the telephone numbers in the registry at least once every 6 months and ensure that no other personally identifying information contained in the registry is included in the published lists;

      (d) On January 1, 2007, and every 3 years thereafter, delete from the registry every telephone number and related information, except for each telephone number and related information for which the Attorney General has received a request within the preceding 6 months to include or maintain the telephone number in the registry;

      (e) During the 6-month period identified in paragraph (d), use reasonable means, including, without limitation, public service announcements, to inform the public that telephone numbers and related information in the registry will be deleted or otherwise purged unless new or renewed requests for inclusion in the registry are received by the Attorney General; and

      (f) If a federal agency establishes a single national database of telephone numbers of persons who request not to receive unsolicited telephone calls for the sale of goods or services:

             (1) Include the part of the single national database that relates to this state in the registry;

             (2) At least once every 6 months, add to the registry any new and applicable information that has been added to the part of the single national database that relates to this state; and

             (3) At least once every 6 months, remove from the registry any applicable information that has been removed from the part of the single national database that relates to this state.

      2.  The Attorney General may:

      (a) Contract for the establishment and maintenance of the registry;

      (b) Provide for additional procedures for requesting inclusion or maintenance of a telephone number in the registry; and

      (c) Require by regulation that information in addition to names and telephone numbers be included in the registry, including, without limitation, the mailing address of each person who has requested inclusion in the registry.

      3.  A person may request that his telephone number be included or maintained in the registry using:

      (a) A toll-free telephone number provided by the Attorney General for that purpose; or

      (b) Any other method provided by the Attorney General.

      4.  A person may request to have his telephone number removed from the registry. Such a request must be submitted to the Attorney General in writing.

      Sec. 11.  1.  The Attorney General shall make information available to the public concerning the establishment and maintenance of the registry, including, without limitation:

      (a) The procedures for requesting the inclusion or maintenance of a telephone number in the registry;

      (b) A statement indicating that a revised version of the list of telephone numbers in the registry will be published at least once every 6 months;

      (c) A statement indicating that no information contained in the registry, other than the telephone numbers, will be included on the list published pursuant to this section or otherwise disclosed to the public; and


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      (d) A statement indicating that all telephone numbers and related information in the registry will be deleted or otherwise purged from the registry every 3 years, except for any telephone number and related information for which the Attorney General has received a new or renewed request for inclusion in the registry within the 6 months before the potential deletion.

      2.  A person who publishes telephone directories for distribution to the public in this state shall ensure that each such telephone directory includes the information made available to the public by the Attorney General pursuant to subsection 1.

      Sec. 12.  To the extent consistent with federal law:

      1.  The registry is not a public record. Any list published of the telephone numbers contained within the registry is not a public record.

      2.  The telephone numbers in the registry must not be published or released except pursuant to the provisions of sections 5 to 19, inclusive, of this act.

      3.  The information in the registry other than the telephone numbers:

      (a) Must not be published or released; and

      (b) May only be used by the Attorney General to administer the provisions of sections 5 to 19, inclusive, of this act.

      Sec. 13.  Each list of telephone numbers published pursuant to section 10 of this act must be made available to a telephone solicitor upon the payment of the fee established by regulation for this purpose by the Attorney General. The fee must not exceed $1,000 annually for each telephone solicitor, regardless of the number of revised editions of the list that are published during the calendar year.

      Sec. 14.  1.  Except as otherwise provided in section 15 of this act, a telephone solicitor shall not intentionally make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry.

      2.  A person who obtains a copy of or access to the registry or to any version of the list of telephone numbers in the registry shall not use that information for any purpose other than determining whether a particular telephone number is available for an unsolicited telephone call for the sale of goods or services.

      3.  For the purposes of this section, a version of the list of telephone numbers in the registry is deemed to be the currently effective version of the list for the period beginning on the 31st day after it is published and ending on the 30th day after the next version is published.

      Sec. 15.  1.  The provisions of section 14 of this act do not prohibit a telephone solicitor from making or causing another person to make an unsolicited telephone call for the sale of goods or services to a telephone number in the currently effective version of the list of telephone numbers in the registry if:

      (a) There is a preexisting business relationship between the telephone solicitor and the person who is called; and

      (b) The telephone solicitor complies with the provisions of this section.

      2.  Before a telephone solicitor may make or cause another person to make an unsolicited telephone call for the sale of goods or services based on a preexisting business relationship, the telephone solicitor must establish and maintain an internal do-not-call registry that complies with federal and state laws and regulations.


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federal and state laws and regulations. The internal do-not-call registry must:

      (a) Include, without limitation, a list of the telephone numbers of any person who has requested that the telephone solicitor not make or cause another person to make an unsolicited telephone call for the sale of goods or services to a telephone number of the person making the request; and

      (b) Upon request, be provided by the telephone solicitor to the Attorney General.

      3.  In addition to the requirements set forth in subsection 2, at least once each year, the telephone solicitor shall provide written notice to each person with whom the telephone solicitor has a preexisting business relationship. The written notice must:

      (a) Inform the person that the telephone solicitor is providing the notice pursuant to state law;

      (b) Explain to the person that the telephone solicitor may elect to be placed on the internal do-not-call list of the telephone solicitor and specify the procedures for making such an election; and

      (c) Explain to the person that the person may contact the customer service department of the telephone solicitor or the Attorney General to obtain further information concerning the provisions of this section and must provide the current address, telephone number and electronic mail address of the customer service department of the telephone solicitor and the Attorney General.

      4.  As used in this section, “preexisting business relationship” means a relationship between a telephone solicitor and a person that is based on:

      (a) The person’s purchase, rental or lease of goods or services directly from the telephone solicitor, but not from any affiliate or associate of the telephone solicitor; or

      (b) Any other financial transaction directly between the person and the telephone solicitor, but not between the person and any affiliate or associate of the telephone solicitor,

that occurs within the 18 months immediately preceding the date of the unsolicited telephone call for the sale of goods or services.

      Sec. 16.  If the Attorney General has reason to believe that a person has violated any of the provisions of sections 5 to 19, inclusive, of this act or any regulation adopted pursuant thereto, he may institute an appropriate legal proceeding against the person in a court of competent jurisdiction.

      Sec. 17.  A violation of a provision of sections 5 to 19, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 18.  1.  The Registry Fund is hereby created as a special revenue fund in the State Treasury for the use of the Attorney General.

      2.  All money collected by the Attorney General pursuant to section 13 of this act must be deposited in the State Treasury for credit to the Registry Fund. The interest and income earned on the money in the Registry Fund, after deducting any applicable charges, must be credited to the Registry Fund.

      3.  Expenditures from the Registry Fund must be made only to administer and enforce the provisions of sections 5 to 19, inclusive, of this act.


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      4.  The Attorney General shall administer the Registry Fund. All claims against the Registry Fund must be paid as other claims against the State are paid.

      5.  Any money remaining in the Registry Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry Fund must be carried forward to the next fiscal year.

      6.  Each year, the Attorney General shall submit an itemized statement of the income and expenditures for the Registry Fund:

      (a) To the Legislature, if the Legislature is in session; or

      (b) To the Interim Finance Committee, if the Legislature is not in session.

      Sec. 19.  The Attorney General shall adopt regulations to carry out the provisions of sections 5 to 19, inclusive, of this act.

      Sec. 20.  Section 5 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 5.  1.  Except as otherwise provided in subsection 2:

       (a) A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

       (b) If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

       (c) The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

       2.  The provisions of this section do not apply to a seller of travel who deposits security with the Division pursuant to NRS 598.375.

      Sec. 21.  Section 7 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 7.  1.  Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

       2.  If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

       (a) Affix the time and place for the hearing; and

       (b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

       3.  Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

       4.  The hearing must be public if a request is made for a public hearing.


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       5.  If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:

       (a) The judgment is for actual damages suffered by the consumer as a result of:

             (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

             (2) The bankruptcy of the seller of travel;

             (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

             (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act;

       (b) The proceedings in connection with the judgment, including all appeals, have terminated;

       (c) The consumer files the complaint on a form established for this purpose by the Division;

       (d) The consumer submits proof satisfactory to the Division of the judgment; and

       (e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division.

       6.  If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

       (a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

       (b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

      Sec. 22.  Section 8 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 8.  1.  Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

       (a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of section 7 of this act, finds that the consumer suffered actual damages as a result of:

             (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

             (2) The bankruptcy of the seller of travel;

             (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

             (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act; or


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κ2003 Statutes of Nevada, Page 2885 (Chapter 464, AB 232)κ

 

       (b) The consumer complies with the provisions of subsection 5 of section 7 of this act for the recovery of a judgment from the account.

       2.  A consumer is not eligible for recovery from the account if:

       (a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

       (b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

       (c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

       (d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:

             (1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

             (2) Was imposed against the consumer, in accordance with the terms of the contract, after the cancellation of the travel services or vacation certificate at issue.

       3.  If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

       (a) If the complaint was filed pursuant to subsection 1 of section 7 of this act, the amount of actual damages suffered, but not to exceed $10,000; or

       (b) If the complaint was filed pursuant to subsection 5 of section 7 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

       4.  If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

       5.  To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

       6.  The amount of recovery from the account based upon claims made against any single seller of travel:

       (a) Must not exceed $200,000; and

       (b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.

      Sec. 23.  Section 9 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 9.  1.  A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund.


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κ2003 Statutes of Nevada, Page 2886 (Chapter 464, AB 232)κ

 

Fund. The written statement must be in substantially the following form:

 

RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL

 

       You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:

 

SOUTHERN NEVADA:  1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: 702.486.7355

Fax: 702.486.7371

ncad@fyiconsumer.org

 

NORTHERN NEVADA:  4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: 775.688.1800

Fax: 775.688.1803

 

       2.  The Division may impose upon a seller of travel an administrative fine of not more than:

       (a) For the first violation of subsection 1, $100; and

       (b) For a second or subsequent violation of subsection 1, $250.

       3.  The Division shall deposit any money received pursuant to this section in the account established pursuant to section 6 of this act.

       4.  The provisions of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act do not limit the authority of the Division to take disciplinary action against a seller of travel.

      Sec. 24.  Section 10 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 10.  1.  The Division shall:

       (a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

       (b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.


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κ2003 Statutes of Nevada, Page 2887 (Chapter 464, AB 232)κ

 

       (c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.

       2.  Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.

       3.  The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.

       4.  Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.

       5.  The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act, including, without limitation, regulations governing:

       (a) The disbursement of money from the account; and

       (b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of section 7 of this act.

      Sec. 25.  Section 11 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 11.  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, 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.

       2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, 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:

       (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.


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κ2003 Statutes of Nevada, Page 2888 (Chapter 464, AB 232)κ

 

       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, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act, 598.405 to 598.525, inclusive, and section 10.5 of this act, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, 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. 26.  Section 12 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 12.  NRS 598.305 is hereby amended to read as follows:

       598.305  As used in NRS 598.305 to 598.395, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 598.315 to 598.356, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 27.  Section 14 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 14.  NRS 598.365 is hereby amended to read as follows:

      598.365  1.  Before advertising its services or conducting business in this state, a seller of travel must register with the Division by:

      (a) Submitting to the Division an application for registration on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25; [and]

      (c) Depositing the security required pursuant to NRS 598.375, if any, with the Division [.] ; and

      (d) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

       2.  The Division shall issue a certificate of registration to the seller of travel upon receipt of :

       (a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and

      (b) The payment of [the fee] any fees required by this section.

      3.  A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.


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κ2003 Statutes of Nevada, Page 2889 (Chapter 464, AB 232)κ

 

      4.  A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

      (a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; [and]

       (b) Paying to the Division a fee of $25 [.] ; and

      (c) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

       5.  The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.

       6.  The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

      Sec. 28.  Section 15 of Assembly Bill No. 343 of this session is hereby amended to read as follows:

       Sec. 15.  (Deleted by amendment.)

      Sec. 29.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective upon passage and approval for the purposes of adopting regulations and entering into contracts or otherwise preparing to carry out the provisions of this act.

      3.  Sections 3.3 and 20 to 28, inclusive, of this act become effective on October 1, 2003.

      4.  Sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective on January 1, 2004, for the purpose of the Attorney General making the determination described in subsection 1 of section 9 of this act.

      5.  If the Attorney General makes the determination described in subsection 1 of section 9 of this act on or before April 1, 2004, sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective on May 1, 2004, for all other purposes.

      6.  If the Attorney General does not make the determination described in subsection 1 of section 9 of this act on or before April 1, 2004, sections 1, 2, 3 and 3.5 to 19, inclusive, of this act become effective:

      (a) On May 1, 2004, for the purposes of the Attorney General receiving and accepting requests to include telephone numbers in the registry established pursuant to section 10 of this act.

      (b) On June 1, 2004, for the purpose of publishing the first list of telephone numbers in the registry; and

      (c) On July 1, 2004, for all other purposes.

________

 


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κ2003 Statutes of Nevada, Page 2890κ

 

CHAPTER 465, AB 284

Assembly Bill No. 284–Assemblymen Buckley, Parks, Gibbons, Leslie, Horne, Anderson, Beers, Brown, Carpenter, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Griffin, Hardy, Hettrick, Koivisto, Mabey, Manendo, McClain, Oceguera, Ohrenschall, Perkins and Sherer

 

CHAPTER 465

 

AN ACT relating to property; prohibiting certain acts by lenders of home loans as unfair lending practices; providing for enforcement by the Attorney General; prohibiting a trustor from directing a trustee to exercise a power of sale of real property under certain circumstances; prohibiting certain agencies, boards, commissions or political subdivisions from regulating certain acts relating to lending; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 10, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Borrower” means a natural person who is a mortgagor, grantor of a deed of trust or other debtor of a home loan.

      Sec. 4.  “Home” means a dwelling or dwellings for not more than four families, the principal use of which is for residential purposes. The term includes, without limitation:

      1.  A dwelling on a farm.

      2.  A dwelling unit of a cooperative housing corporation.

      3.  A mobile home, as defined in NRS 489.120, with the wheels removed and skirting added, when set on a foundation located on land that the owner of the mobile home owns or occupies pursuant to a tenancy with a term of 40 years or more.

      Sec. 5.  “Home loan” means a consumer credit transaction that:

      1.  Is secured by a mortgage loan which involves real property located within this state; and

      2.  Constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

      Sec. 6.  “Lender” means a mortgagee, beneficiary of a deed of trust or other creditor who holds a mortgage, deed of trust or other instrument that encumbers home property as security for the repayment of a home loan.

      Sec. 7.  1.  It is an unfair lending practice for a lender to:

      (a) Require a borrower, as a condition of obtaining or maintaining a home loan secured by home property, to provide property insurance on improvements to home property in an amount that exceeds the reasonable replacement value of the improvements.


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κ2003 Statutes of Nevada, Page 2891 (Chapter 465, AB 284)κ

 

improvements to home property in an amount that exceeds the reasonable replacement value of the improvements.

      (b) Knowingly or intentionally make a home loan to a borrower based solely upon the equity of the borrower in the home property and without determining that the borrower has the ability to repay the home loan from other assets, including, without limitation, income.

      (c) Finance a prepayment fee or penalty in connection with the refinancing by the original borrower of a home loan owned by the lender or an affiliate of the lender.

      (d) Finance, directly or indirectly in connection with a home loan, any credit insurance.

      2.  As used in this section:

      (a) “Credit insurance” has the meaning ascribed to it in NRS 690A.015.

      (b) “Prepayment fee or penalty” means any fee or penalty imposed by a lender if a borrower repays the balance of a loan or otherwise makes a payment on a loan before the regularly scheduled time for repayment.

      Sec. 8.  1.  A lender who willfully engages in an unfair lending practice described in this chapter is guilty of a misdemeanor.

      2.  If a lender willfully engages in any unfair lending practice described in this chapter in connection with a home loan, the lender is liable to the borrower in an amount equal to the sum of:

      (a) Three times the amount of any actual damages sustained by the borrower; and

      (b) If the borrower brings an action and is successful in enforcing the liability imposed by paragraph (a) in the action, the costs of bringing the action and reasonable attorney’s fees as determined by the court.

      3.  The borrower has a defense against the unpaid obligation of the home loan to the extent of any amount awarded by a court pursuant to paragraph (a) of subsection 2, and the court, in addition to any other legal or equitable remedy, may cure any existing default of the home loan and cancel any pending foreclosure sale, trustee’s sale or other sale to enforce the home loan.

      Sec. 8.3.  1.  If an action has been filed in a court of competent jurisdiction claiming an unfair lending practice in connection with a home loan, the lender who holds the home loan may sell the home loan and recover damages and costs as provided in this section if the lender did not:

      (a) Originate the home loan; and

      (b) Willfully engage in any unfair lending practice described in this chapter in connection with the home loan.

      2.  The lender described in subsection 1 may require the person from whom the lender purchased the home loan described in subsection 1 to:

      (a) Repurchase the home loan for the amount the lender paid for the home loan; and

      (b) Pay to the lender all damages and reasonable costs incurred by the lender that are related to:

             (1) The purchase of the home loan by the lender from the person;

             (2) Any damages awarded in the action described in subsection 1;

             (3) Any costs related to the action described in subsection 1;

             (4) The repurchase of the home loan by the lender if the lender was required to repurchase the home loan from another lender pursuant to this section; and


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             (5) The repurchase of the home loan from the lender by the person pursuant to this section.

      3.  The person described in subsection 2:

      (a) Shall repurchase the home loan and pay the damages and costs as described in subsection 2; and

      (b) After repurchasing the home loan, may sell the home loan and recover damages and costs as provided in this section if he is a lender described in subsection 1.

      Sec. 8.7.  A mortgage, deed of trust or other instrument that encumbers home property as security for repayment of a home loan must expressly indicate in writing in the mortgage, deed of trust or other instrument that the home loan is a home loan as defined in section 5 of this act.

      Sec. 9.  1.  The Attorney General has primary jurisdiction to investigate and prosecute violations of this chapter.

      2.  When acting pursuant to this section, the Attorney General may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      3.  A local government shall not regulate any activity to which the provisions of this chapter apply.

      Sec. 10.  Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:

      (a) The trust agreement becomes effective on or after October 1, 2003; and

      (b) On the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32.

      2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless:

      (a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor a notice in the form described in subsection 3; and

      (b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.

      3.  The notice described in subsection 2 must be:

      (a) Served upon the grantor by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor; and

      (b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and a copy of the promissory note attached to the notice:

 


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NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

 

Your home loan is being foreclosed. In 60 days your home will be sold and you will be forced to move. For help, call:

Consumer Credit Counseling ___________________

The Attorney General ______________________

The Division of Financial Institutions ______________________

Legal Services _________________________

Your Lender ______________________

Nevada Fair Housing Center ___________________

 

      4.  This section does not prohibit a judicial foreclosure.

      5.  As used in this section, “unfair lending practice” means an unfair lending practice described in sections 2 to 9, inclusive, of this act.

      Sec. 11.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  [Where] Except as otherwise provided in section 10 of this act, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of his election to sell or cause to be sold the property to satisfy the obligation; and

      (c) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor, and to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.


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expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provides, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and his successors in interest without equity or right of redemption. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      Sec. 12.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

      (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      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 county license board 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 for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, 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:


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      (a) By recording in the office of the county recorder, within 6 months after 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 the 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 board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation 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 244.3357, 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 such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county 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, officer or employee of the county fair and recreation board or the county 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.

      Sec. 13.  NRS 266.355 is hereby amended to read as follows:

      266.355  1.  Except as otherwise provided in subsection 3, the city council may:

      (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

      (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      Sec. 14.  NRS 269.170 is hereby amended to read as follows:

      269.170  1.  Except as otherwise provided in NRS 576.128 [,] and section 9 of this act, the town board or board of county commissioners may in any unincorporated town:

      (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:


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             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

             (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

             (6) Corrals, hay yards, livery and sale stables and wagon yards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

             (10) Drummers, hawkers, peddlers and solicitors.

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

      2.  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.

      3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, 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 must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      4.  The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

      Sec. 15.  Section 2.140 of the Charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 60, is hereby amended to read as follows:

       Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.


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       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 16.  Section 2.150 of the Charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 608, is hereby amended to read as follows:

       Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The Board of Councilmen may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

       3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 17.  Section 2.260 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 96, Statutes of Nevada 1997, at page 181, is hereby amended to read as follows:

       Sec. 2.260  Power of Board: Licensing, regulation and prohibition of trades, professions and businesses.

       1.  [The] Except as otherwise provided in section 9 of this act, the Board may fix, impose and collect a license tax for revenue upon, or regulate:

       (a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City, except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.

       (b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.

       (c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.

       2.  The Board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.

       3.  The Board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

       4.  The Board may, for just cause, suspend, cancel or revoke any business license.

      Sec. 18.  Section 2.150 of the Charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 51, Statutes of Nevada 2001, at page 454, is hereby amended to read as follows:

       Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:


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       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  The City Council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.

      Sec. 19.  Section 2.130 of the Charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 407, is hereby amended to read as follows:

       Sec. 2.130  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 20.  Section 2.150 of the Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby amended to read as follows:

       Sec. 2.150  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:

       (a) Except as is otherwise provided in subsection 2 [,] and section 9 of this act, license and regulate all lawful businesses, trades and professions.

       (b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.

       (c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the City in such manner as may be prescribed by ordinance.

       2.  No person, firm or corporation which is licensed by an agency of the State to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:

       (a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the City such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and

       (b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the City.

       3.  The City Council may provide, by ordinance, regulations which restrict the number, location and method of operation of and the qualifications for ownership in:

       (a) Liquor-dispensing or gaming establishments, or both;

       (b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and


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       (c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,

and regulations which prescribe the circumstances under and the manner in which licenses with respect to those establishments, businesses, trades and professions may be denied, limited, suspended or revoked.

      Sec. 21.  Section 2.140 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1215, is hereby amended to read as follows:

       Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license fee for revenue upon all businesses, trades and professions.

       2.  The City Council may establish any equitable standard to be used in fixing license fees required to be collected pursuant to this section.

      Sec. 22.  Section 2.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 416, Statutes of Nevada 2001, at page 2105, is hereby amended to read as follows:

       Sec. 2.140  General powers of City Council.

       1.  Except as otherwise provided in subsection 2 and section 2.150, the City Council may:

       (a) Acquire, control, improve and dispose of any real or personal property for the use of the City, its residents and visitors.

       (b) [Regulate] Except as otherwise provided in section 9 of this act, regulate and impose a license tax for revenue upon all businesses, trades and professions.

       (c) Provide or grant franchises for public transportation and utilities.

       (d) Appropriate money for advertising and publicity and for the support of a municipal band.

       (e) Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada. An offense that is made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor against the City whenever the offense is committed within the City.

       (f) Fix the rate to be paid for any utility service provided by the City as a public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the City is a lien upon the property to which the service is rendered and is perfected by filing with the County Recorder a statement by the City Clerk of the amount due and unpaid and describing the property subject to the lien. Any such lien is:

             (1) Coequal with the latest lien upon the property to secure the payment of general taxes.

             (2) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

             (3) Prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.


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       2.  The City Council:

       (a) Shall not sell telecommunications service to the general public.

       (b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:

             (1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and

             (2) Determines from the results of the study that the purchase or construction is in the interest of the general public.

       3.  Any information relating to the study conducted pursuant to subsection 2 must be maintained by the City Clerk and made available for public inspection during the business hours of the Office of the City Clerk.

       4.  Notwithstanding the provisions of paragraph (a) of subsection 2, an airport may sell telecommunications service to the general public.

       5.  As used in this section:

       (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.

       (b) “Telecommunications service” has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.

      Sec. 23.  Section 2.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 230, is hereby amended to read as follows:

       Sec. 2.090  Powers of City Council: General areas.  The City Council may exercise any power specifically granted in this Charter or by any of the provisions of Nevada Revised Statutes not in conflict with this Charter, in order to:

       1.  [License] Except as otherwise provided in section 9 of this act, license all businesses, trades and professions for purposes of regulation and revenue.

       2.  Enact and enforce fire ordinances.

       3.  Regulate the construction and maintenance of any building or other structure within the City.

       4.  Provide for safeguarding of public health in the City.

       5.  Zone and plan the City, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.

       6.  Acquire, control, lease, dedicate, sell and convey rights of way, parks and other real property.

       7.  Regulate vehicular traffic and parking of vehicles.

       8.  Establish and maintain a sanitary sewer system.

       9.  Condemn property within the territorial limits of the City, as well as property outside the territorial limits of the City, in the manner prescribed by chapter 37 of NRS.

       10.  Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.

       11.  Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.


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      Sec. 24.  Section 2.150 of the Charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 463, is hereby amended to read as follows:

       Sec. 2.150  Powers of Board of Councilmen: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The Board of Councilmen may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.

       3.  The Board of Councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 25.  Section 2.140 of the Charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 906, is hereby amended to read as follows:

       Sec. 2.140  Powers of City Council: Licensing, regulation and prohibition of businesses, trades and professions.

       1.  The City Council may:

       (a) [Regulate] Except as otherwise provided in section 9 of this act, regulate all businesses, trades and professions.

       (b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

       2.  The City Council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      Sec. 26.  The amendatory provisions of sections 1 to 9, inclusive, of this act do not apply to a loan that is entered into before October 1, 2003.

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