Link to Page 80

 

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ê2005 Statutes of Nevada, Page 81 (Chapter 41, SB 108)ê

 

Education Act. This appropriation is supplemental to that made by section 15 of chapter 327, Statutes of Nevada 2003, at page 1831.

      Sec. 2.  This act becomes effective upon passage and approval.

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CHAPTER 42, SB 137

Senate Bill No. 137–Committee on Judiciary

 

CHAPTER 42

 

AN ACT relating to the Division of Parole and Probation of the Department of Public Safety; expanding the list of persons who may conduct investigations of certain persons being considered for probation and who may verify certain information relating to the economic hardship of a person placed on probation to include all employees of the Division; providing that upon entry of an order of probation a person is deemed accepted for probation and must submit a signed document concerning the conditions of his probation to the Division; providing that all information obtained in the discharge of official duty by an employee of the Division is privileged; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176A.200 is hereby amended to read as follows:

      176A.200  The [parole and probation officer] Division shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such an investigation may include a physical and mental examination of the defendant. The expense of any such examination must be paid by the county in which the indictment was found or the information filed.

      Sec. 2.  NRS 176A.210 is hereby amended to read as follows:

      176A.210  [Before a person may be] Upon entry of an order of probation by the court, a person:

      1.  Shall be deemed accepted for probation [, he must] for all purposes; and

      2.  Shall submit to the Division for filing with the clerk of the court of competent jurisdiction a signed document stating that:

      [1.] (a) He will comply with the conditions which have been imposed by the court and are stated in the document; and

      [2.] (b) If he fails to comply with the conditions imposed by the court and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

      Sec. 3.  NRS 176A.850 is hereby amended to read as follows:

      176A.850  1.  A person who:

      (a) Has fulfilled the conditions of his probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the Division; or

 


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      (c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by [a parole and probation officer,] the Division, has been unable to make restitution as ordered by the court,

Ê may be granted an honorable discharge from probation by order of the court.

      2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.

      3.  Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:

      (a) Is free from the terms and conditions of his probation.

      (b) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (c) Four years after the date of his honorable discharge from probation, is restored to the right to hold office.

      (d) Six years after the date of his honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.

      (e) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction.

      (f) Must be informed of the provisions of this section and NRS 179.245 in his probation papers.

      (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

      (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.

      4.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from probation.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his honorable discharge from probation.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 3.

      5.  The prior conviction of a person who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.

 


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      6.  Except for a person subject to the limitations set forth in subsection 4, upon his honorable discharge from probation, the person so discharged must be given an official document which provides:

      (a) That he has received an honorable discharge from probation;

      (b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his honorable discharge from probation;

      (c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (c) of subsection 3; and

      (d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (d) of subsection 3.

      7.  Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this State or elsewhere and whose official documentation of his honorable discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.

      8.  A person who has been honorably discharged from probation in this State or elsewhere may present:

      (a) Official documentation of his honorable discharge from probation, if it contains the provisions set forth in subsection 6; or

      (b) A court order restoring his civil rights,

Ê as proof that he has been restored to the civil rights set forth in subsection 3.

      Sec. 4.  NRS 213.1075 is hereby amended to read as follows:

      213.1075  Except as otherwise provided by specific statute, all information obtained in the discharge of official duty by [a parole and probation officer or] an employee of the Division or the Board is privileged and may not be disclosed directly or indirectly to anyone other than the Board, the judge, district attorney or others entitled to receive such information, unless otherwise ordered by the Board or judge or necessary to perform the duties of the Division.

      Sec. 5.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 84ê

 

CHAPTER 43, AB 182

Assembly Bill No. 182–Assemblymen Sibley, Hardy, McCleary, Seale, Leslie, Allen, Anderson, Angle, Atkinson, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Gansert, Gerhardt, Giunchigliani, Goicoechea, Grady, Hettrick, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Mabey, Manendo, Marvel, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Perkins, Pierce, Sherer and Weber

 

Joint Sponsors: Senators Schneider, Townsend, Lee, Beers, Carlton, Hardy, Heck, Tiffany and Titus

 

CHAPTER 43

 

AN ACT relating to pupils; requiring a principal or a school nurse of a public school to allow pupils to self-administer prescribed medications for asthma and anaphylaxis under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

      Whereas, Asthma is a chronic condition, requiring lifetime, ongoing medical intervention; and

      Whereas, Asthma is the leading serious chronic illness among children in the United States; and

      Whereas, In 2001, over 20 million Americans, including over 6 million children, had asthma and in 2000 there were approximately 1,800,000 asthma-related visits to emergency rooms, of which approximately 728,000 involved children under the age of 18 years; and

      Whereas, According to the federal Centers for Disease Control and Prevention, asthma is a common cause of missed school days, accounting for approximately 14 million lost school days annually; and

      Whereas, Anaphylaxis, or anaphylactic shock, is a systemic allergic reaction that can cause death within minutes; and

      Whereas, Exposure to the affecting allergen that causes anaphylactic shock, which may be a food, drug or insect sting, requires prompt attention and may require an injection of epinephrine; and

      Whereas, According to the American Academy of Allergy, Asthma and Immunology, people who have experienced symptoms of anaphylaxis are at risk for subsequent reactions and should carry an epinephrine auto-injector, if prescribed, on their person at all times; and

      Whereas, Allowing pupils who have asthma or anaphylaxis to carry and use asthma inhalers and auto-injectable epinephrine during school hours could prevent tragic injuries or even death from occurring to such pupils as a result of their condition; and

      Whereas, In October of 2004, the Congress of the United States enacted the Asthmatic Schoolchildren’s Treatment and Health Management Act of 2004, which gives preferences in making certain public health services administration grants and other asthma-related grants to states that allow pupils to self-administer medication to treat asthma and anaphylaxis while at school; now, therefore,

 

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The parent or legal guardian of a pupil who has asthma or anaphylaxis may submit a written request to the principal or if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma or anaphylaxis while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

      2.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician indicating that the pupil has asthma or anaphylaxis and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (b) A written treatment plan prepared by the physician pursuant to which the pupil will manage his asthma or anaphylaxis if the pupil experiences an asthmatic attack or anaphylactic shock while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 3 and 4.

      3.  The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      4.  If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of the pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication.

      5.  Upon receipt of a request that complies with subsection 2, the principal or if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his asthma or anaphylaxis while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

 


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      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication; and

      (e) The name and telephone number of the pupil’s physician and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil.

      6.  The written authorization provided pursuant to subsection 5 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 2, the principal or if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      7.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his person provides to the principal or if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his person, the principal or if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the public school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack or anaphylactic shock during school hours.

      8.  As used in this section:

      (a) “Medication” means any medicine prescribed by a physician for the treatment of anaphylaxis or asthma, including, without limitation, asthma inhalers and auto-injectable epinephrine.

      (b) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

      (c) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

      Sec. 2.  This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 87ê

 

CHAPTER 44, SB 456

Senate Bill No. 456–Committee on Judiciary

 

CHAPTER 44

 

AN ACT relating to crimes; revising the provisions prohibiting a person from holding another person in involuntary servitude; revising the provisions prohibiting a person from assisting in holding another person in involuntary servitude; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.1675 is hereby amended to read as follows:

      193.1675  1.  Except as otherwise provided in NRS 193.169, any person who willfully violates any provision of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 or section 3 or 4 of this act because the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of the victim was different from that characteristic of the perpetrator [,] may be punished by imprisonment in the state prison for an additional term not to exceed 25 percent of the term of imprisonment prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 2.  Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  A person who knowingly subjects, or attempts to subject, another person to forced labor or services by:

      (a) Causing or threatening to cause physical harm to any person;

      (b) Physically restraining or threatening to physically restrain any person;

      (c) Abusing or threatening to abuse the law or legal process;

      (d) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;

      (e) Extortion; or

      (f) Causing or threatening to cause financial harm to any person,

Ê is guilty of holding a person in involuntary servitude.

      2.  A person who is found guilty of holding a person in involuntary servitude is guilty of a category B felony and shall be punished:

      (a) Where the victim suffers substantial bodily harm while held in involuntary servitude or in attempted escape or escape therefrom, by imprisonment in the state prison for a minimum term of not less than 7 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

 


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      (b) Where the victim suffers no substantial bodily harm as a result of being held in involuntary servitude, by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      Sec. 4.  A person who knowingly:

      1.  Recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be held in involuntary servitude; or

      2.  Benefits, financially or by receiving anything of value, from participating in a violation of section 3 of this act,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $50,000.

      Sec. 5.  NRS 200.465 is hereby amended to read as follows:

      200.465  A person who:

      1.  [Holds or attempts to hold a person in involuntary servitude;

      2.]  Assumes or attempts to assume rights of ownership over another person;

      [3.] 2.  Sells or attempts to sell a person to another;

      [4.] 3.  Receives money or anything of value in consideration of placing a person in the custody or under the control of another;

      [5.] 4.  Buys or attempts to buy a person;

      [6.] 5.  Except as otherwise provided in chapter 127 of NRS, pays money or delivers anything of value to another in consideration of having a person placed in his custody or under his power or control; or

      [7.] 6.  Knowingly aids or assists in any manner a person who violates any provision of this section,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $50,000.

      Sec. 6.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony 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 10 years has been served; or

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

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795 [.]

 


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constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795 [.] or section 3 or 4 of this act.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 7.  NRS 41.690 is hereby amended to read as follows:

      41.690  1.  A person who has suffered injury as the proximate result of the willful violation of the provisions of NRS 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.465, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 206.010, 206.040, 206.140, 206.200, 206.310, 207.180, 207.200 or 207.210 or section 3 or 4 of this act by a perpetrator who was motivated by the injured person’s actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation [,] may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant. If the person who has suffered injury prevails in an action brought pursuant to this subsection, the court shall award him costs and reasonable attorney’s fees.

      2.  The liability imposed by this section is in addition to any other liability imposed by law.

      Sec. 8.  NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as otherwise provided in NRS 127.275, 127.285 and 200.465, and sections 3 and 4 of this act, a person who, without holding a valid license to operate a child-placing agency issued by the Division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of [,] any child for adoption or permanent free care is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The natural parents and the adopting parents are not accomplices for the purpose of this section.

      Sec. 9.  NRS 128.097 is hereby amended to read as follows:

      128.097  If a parent of a child:

      1.  Engages in conduct that violates any provision of NRS 200.465 [;] or section 3 or 4 of this act; or

      2.  Voluntarily delivers a child to a provider of emergency services pursuant to NRS 432B.630,

Ê the parent is presumed to have abandoned the child.

      Sec. 10.  NRS 128.106 is hereby amended to read as follows:

      128.106  In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:

      1.  Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time.

 


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continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his home pursuant to chapter 432B of NRS.

      2.  Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.

      3.  Conduct that violates any provision of NRS 200.465 [.] or section 3 or 4 of this act.

      4.  Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.

      5.  Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for his physical, mental and emotional health and development, but a person who, legitimately practicing his religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.

      6.  Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.

      7.  Unexplained injury or death of a sibling of the child.

      8.  Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.

      Sec. 11.  NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes [,] is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny, theft if it is punishable as a felony, or pandering;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.465, 202.265, 202.287, 205.473 to 205.513, inclusive, and 205.610 to 205.810, inclusive, or 465.070 to 465.085, inclusive [.] , or section 3 or 4 of this act.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

 


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      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 12.  NRS 613.080 is hereby amended to read as follows:

      613.080  1.  The immigration to this State of all slaves and other people bound by contract to involuntary servitude for a term of years is hereby prohibited.

      2.  It [shall be] is unlawful for any company, person or persons to collect the wages or compensation for the labor of the persons described in subsection 1.

      3.  It [shall be] is unlawful for any corporation, company, person or persons to pay to any owner or agent of the owner of any such persons mentioned in subsection 1 any wages or compensation for the labor of such slaves or persons so bound by the contract to involuntary servitude.

      4.  [Any] Unless a greater penalty is provided in section 3 or 4 of this act, a violation of any of the provisions of this section [shall be] is a gross misdemeanor.

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CHAPTER 45, SB 12

Senate Bill No. 12–Committee on Transportation and Homeland Security

 

CHAPTER 45

 

AN ACT relating to motor vehicles; creating a Motor Carrier Division within the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.0473 is hereby amended to read as follows:

      481.0473  The Department consists of:

      1.  A Division of the Office of the Director;

      2.  A Division of Compliance Enforcement;

      3.  A Division of Field Services;

 


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      4.  A Division of Central Services and Records;

      5.  A Division of Management Services and Programs;

      6.  A Division of Information Technology; [and]

      7.  An Administrative Services Division [.] ; and

      8.  A Motor Carrier Division.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 46, AB 206

Assembly Bill No. 206–Assemblyman Mabey

 

CHAPTER 46

 

AN ACT relating to education; providing for the issuance of a special license for persons with certain graduate degrees and work experience to teach pupils in public schools; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

             (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of such licenses.

             (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

             (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

             (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

             (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being qualified to engage in the practice of interpreting pursuant to subsection 3 of NRS 656A.100.

             (6) Except as otherwise authorized by subsection 4 of NRS 656A.100, requiring teachers and other educational personnel to satisfy the qualifications set forth in subsection 3 of NRS 656A.100 if they:

                   (I) Provide instruction or other educational services; and

                   (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

             (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

 


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                   (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                   (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

             (8) Requiring an applicant for a special qualifications license to:

                   (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                   (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

             (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      Sec. 2.  NRS 391.031 is hereby amended to read as follows:

      391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

      1.  A license to teach elementary education, which authorizes the holder to teach in any elementary school in the State.

      2.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his major or minor field of preparation or in both fields in grades 7, 8 and 9 at any middle school or junior high school. He may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      3.  A license to teach secondary education, which authorizes the holder to teach in his major or minor field of preparation or in both fields in any secondary school. He may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      4.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

      5.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the regulations of the Commission adopted pursuant to subparagraph (7) of paragraph (a) of subsection 1 of NRS 391.019.

      Sec. 3.  NRS 391.037 is hereby amended to read as follows:

      391.037  1.  The State Board shall:

 


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      (a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.

      (b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

      2.  [Every] Except for an applicant for the issuance of a special qualifications license, each applicant for a license as a teacher or administrator or to perform some other educational function must submit with his application, in the form prescribed by the Superintendent of Public Instruction, proof that he has satisfactorily completed a course of study and training approved by the State Board [.] pursuant to subsection 1.

      Sec. 4.  This act becomes effective on July 1, 2005.

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CHAPTER 47, AB 76

Assembly Bill No. 76–Committee on Education

 

CHAPTER 47

 

AN ACT relating to education; authorizing the board of trustees of a school district to accommodate certain pupils who are physically or mentally unable to attend school in the policy for attendance of pupils at school; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.122 is hereby amended to read as follows:

      392.122  1.  The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. For the purposes of this subsection, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. If the board of trustees of a school district has adopted a policy pursuant to subsection 4, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.

      2.  [Before] Except as otherwise provided in subsection 4, before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or his designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and his parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and his parent or legal guardian, the principal or his designee shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based.

 


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pupil upon which the intended denial of credit or promotion is based. After the review, the principal or his designee shall credit towards the required days of attendance each day of absence for which:

      (a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and

      (b) The pupil has completed course-work requirements.

      3.  A pupil and his parent or legal guardian may appeal a decision of a principal or his designee pursuant to subsection 2 to the board of trustees of the school district in which the pupil is enrolled.

      4.  The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:

      (a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.

      (b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.

      (c) The procedure for review of absences set forth in subsection 2 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.

      5.  A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 48, SB 271

Senate Bill No. 271–Committee on Judiciary

 

CHAPTER 48

 

AN ACT relating to victims of crime; authorizing a victim of stalking to obtain a fictitious address from the Secretary of State; authorizing a pupil who is a participant in the fictitious address program or whose parent or guardian is a participant in that program to attend any public school in this State; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:

 


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      1.  “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      2.  “Division” means the Division of Child and Family Services of the Department of Human Resources.

      3.  “Domestic violence” means:

      (a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      (b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:

             (1) A battery.

             (2) An assault.

             (3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

             (7) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonably foreseeable risk of harm to the other from the entry.

      4.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      5.  “Participant” means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      6.  “Victim of domestic violence” includes the dependent children of the victim.

      7.  “Victim of sexual assault” means a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.

      8.  “Victim of stalking” means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.

      Sec. 2.  NRS 217.462 is hereby amended to read as follows:

      217.462  1.  An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the Secretary of State to have a fictitious address designated by the Secretary of State serve as the address of the adult, child or incompetent person.

      2.  An application for the issuance of a fictitious address must include:

 


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      (a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence , [or] sexual assault or stalking before the filing of the application;

      (b) The address that is requested to be kept confidential;

      (c) A telephone number at which the Secretary of State may contact the applicant;

      (d) A question asking whether the person wishes to:

             (1) Register to vote; or

             (2) Change the address of his current registration;

      (e) A designation of the Secretary of State as agent for the adult, child or incompetent person for the purposes of:

             (1) Service of process; and

             (2) Receipt of mail;

      (f) The signature of the applicant;

      (g) The date on which the applicant signed the application; and

      (h) Any other information required by the Secretary of State.

      3.  It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.

      4.  The Secretary of State shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence , [or] sexual assault or stalking before the filing of the application.

      5.  The Secretary of State shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.

      Sec. 3.  NRS 217.464 is hereby amended to read as follows:

      217.464  1.  If the Secretary of State approves an application, he shall:

      (a) Designate a fictitious address for the participant; and

      (b) Forward mail that he receives for a participant to the participant.

      2.  The Secretary of State shall not make any records containing the name, confidential address or fictitious address of a participant available for inspection or copying, unless:

      (a) The address is requested by a law enforcement agency, in which case the Secretary of State shall make the address available to the law enforcement agency; or

      (b) He is directed to do so by lawful order of a court of competent jurisdiction, in which case the Secretary of State shall make the address available to the person identified in the order.

      3.  If a pupil is attending or wishes to attend a public school that is located outside the zone of attendance as authorized by paragraph (b) of subsection 2 of NRS 388.040 or a public school that is located in a school district other than the school district in which the pupil resides as authorized by section 6 of this act, the Secretary of State shall, upon request of the public school that the pupil is attending or wishes to attend, inform the public school of whether the pupil is a participant and whether the parent or legal guardian with whom the pupil resides is a participant. The Secretary of State shall not provide any other information concerning the pupil or the parent or legal guardian of the pupil to the public school.

 


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      Sec. 4.  NRS 217.468 is hereby amended to read as follows:

      217.468  1.  Except as otherwise provided in subsections 2 and 3, the Secretary of State shall cancel the fictitious address of a participant 4 years after the date on which the Secretary of State approved the application.

      2.  The Secretary of State shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the Secretary of State that the participant remains in imminent danger of becoming a victim of domestic violence , [or] sexual assault [.] or stalking.

      3.  The Secretary of State may cancel the fictitious address of a participant at any time if:

      (a) The participant changes his confidential address from the one listed in the application and fails to notify the Secretary of State within 48 hours after the change of address; or

      (b) The Secretary of State determines that false or incorrect information was knowingly provided in the application.

      Sec. 5.  NRS 388.040 is hereby amended to read as follows:

      388.040  1.  Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils [shall] must attend each school.

      2.  The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a [charter school.] :

      (a) Charter school; or

      (b) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

      Sec. 6.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, the pupil may attend a public school that is located in a school district other than the school district in which the pupil resides.

      2.  If a pupil described in subsection 1 attends a public school that is located in a school district other than the school district in which the pupil resides:

      (a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive.

      (b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.

      3.  The provisions of this section do not apply to a pupil who is ineligible to attend a public school pursuant to NRS 392.264 or 392.4675.

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 99ê

 

CHAPTER 49, AB 58

Assembly Bill No. 58–Committee on Commerce and Labor

 

CHAPTER 49

 

AN ACT relating to industrial insurance; requiring the preparation of certain reports concerning the enforcement of the laws governing industrial insurance and the adjudication of claims for benefits; requiring the payment of compensation for the lost wages of certain injured employees who receive medical treatment under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator shall prepare an annual report concerning the enforcement of the provisions of chapters 616A to 617, inclusive, of NRS through the imposition of fines and benefit penalties against insurers, organizations for managed care, health care providers, third-party administrators and employers.

      2.  The annual report must include, without limitation:

      (a) The total number of complaints filed with the Administrator involving alleged conduct that is sanctionable by a fine or benefit penalty;

      (b) The total number of investigations conducted by the Administrator involving alleged conduct that is sanctionable by a fine or benefit penalty;

      (c) The disposition of each such complaint and investigation, including, without limitation, whether the Administrator imposed or refused to impose a fine or benefit penalty and, if the Administrator imposed a fine or benefit penalty, the amount of the fine or benefit penalty; and

      (d) The disposition of any administrative appeal or action for judicial review involving the decision of the Administrator to impose or refuse to impose a fine or benefit penalty.

      Sec. 2.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, in addition to any other benefits an injured employee is entitled to receive pursuant to chapters 616A to 617, inclusive, of NRS, an injured employee who, as a result of his injury, qualified for benefits for a temporary total disability pursuant to NRS 616C.475 and who receives medical treatment for his injury after he returns to work is entitled to compensation pursuant to this subsection for each hour he is absent from the place of employment of the responsible employer to receive such medical treatment if he is required to travel more than 50 miles one way from the place of employment to receive such medical treatment. An injured employee must be paid compensation pursuant to this subsection at a rate equal to the compensation paid pursuant to NRS 616C.475 for a temporary total disability. Such compensation must be calculated based on increments of 4 hours or 8 hours.

 


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compensation must be calculated based on increments of 4 hours or 8 hours.

      2.  The provisions of subsection 1 do not apply to an injured employee who is paid his regular hourly rate of pay by his employer for each hour he is absent from the place of employment to receive such medical treatment.

      3.  An employer may not require an injured employee to use sick leave, annual leave, compensatory leave or any other personal leave for his absence from the place of employment to receive medical treatment for his injury after he returns to work. The provisions of this subsection apply whether the injured employee is being paid compensation pursuant to subsection 1 or his regular hourly rate of pay pursuant to subsection 2.

      4.  The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish:

      (a) The documentation which an injured employee or employer is required to submit for the payment of compensation to the injured employee pursuant to subsection 1;

      (b) The method for determining the amount of compensation to be paid to the injured employee pursuant to subsection 1; and

      (c) A definition of “place of employment” as that term is used in this section.

      Sec. 3.  NRS 616C.050 is hereby amended to read as follows:

      616C.050  1.  An insurer shall provide to each claimant:

      (a) Upon written request, one copy of any medical information concerning his injury or illness.

      (b) A statement which contains information concerning the claimant’s right to:

             (1) Receive the information and forms necessary to file a claim;

             (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;

             (3) Request the appointment of the Nevada Attorney for Injured Workers to represent him before the appeals officer;

             (4) File a complaint with the Administrator;

             (5) When applicable, receive compensation for:

                   (I) Permanent total disability;

                   (II) Temporary total disability;

                   (III) Permanent partial disability;

                   (IV) Temporary partial disability; [or]

                   (V) All medical costs related to his injury or disease; or

                   (VI) The hours he is absent from the place of employment to receive medical treatment pursuant to section 2 of this act;

             (6) Receive services for rehabilitation if his injury prevents him from returning to gainful employment;

             (7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and

             (8) Judicial review of any final decision within the time specified by statute.

      2.  The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection 7 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor.

 


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chiropractor. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.

      Sec. 4.  NRS 616C.295 is hereby amended to read as follows:

      616C.295  1.  The Chief of the Hearings Division [of the Department of Administration shall:

      1.] shall:

      (a) Prescribe by regulation the qualifications and training required before a person may, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, serve as a hearing officer. Training for a hearing officer must include techniques of mediation.

      [2.] (b) Provide for the expediting of the hearing of cases that involve the termination or denial of compensation.

      2.  From the cases heard each year by hearing officers and appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the number of cases affirmed, reversed, remanded and resolved by other disposition involving that insurer or third-party administrator, including a breakdown of that information by the type of benefits denied by the insurer or third-party administrator.

      3.  As used in this section, “Chief of the Hearings Division” means the Chief of the Hearings Division of the Department of Administration.

      Sec. 5.  NRS 616C.400 is hereby amended to read as follows:

      616C.400  1.  Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury.

      2.  The period prescribed in this section does not apply to [accident] :

      (a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits.

      (b) Compensation paid to the injured employee pursuant to subsection 1 of section 2 of this act.

      Sec. 6.  NRS 616C.408 is hereby amended to read as follows:

      616C.408  1.  An insurer shall not issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of permanent total disability benefits that includes a restrictive endorsement.

      2.  An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability , [or] rehabilitation maintenance benefits or compensation paid pursuant to subsection 1 of section 2 of this act that includes a restrictive endorsement.

      3.  If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must:

      (a) Clearly and accurately state the restrictive conditions; and

      (b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

 


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      Sec. 7.  Section 2 of this act applies only to medical treatment which an injured employee receives for an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2006.

      Sec. 8.  This act becomes effective upon passage and approval for the purpose of adopting regulations, and on January 1, 2006, for all other purposes.

________

 

CHAPTER 50, AB 16

Assembly Bill No. 16–Committee on Government Affairs

 

CHAPTER 50

 

AN ACT relating to metropolitan police departments; changing the date by which metropolitan police departments must submit their budgets for the next fiscal year to the governing bodies of the participating political subdivisions; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 280.190 is hereby amended to read as follows:

      280.190  1.  The committee shall:

      (a) Direct the department to prepare and shall approve an annual operating budget for the department.

      (b) Submit the budget to the governing bodies of the participating political subdivisions before [April] May 1 for funding for the following fiscal year.

      (c) Direct the department to prepare and shall adopt the funding apportionment plan provided for in NRS 280.201 and submit the plan before February 1 to the governing bodies of the participating political subdivisions for approval. The governing bodies shall approve or reject the plan before March 1.

      2.  If any of the governing bodies fails to approve the apportionment plan, the plan or any disputed element thereof must be submitted to an arbitration panel for resolution. The governing body of each participating political subdivision shall name one arbitrator to the panel, who must reside within this State. If this results in an even number of arbitrators, the arbitrators so named shall, by majority vote, select an additional arbitrator, who must reside within this State and who shall serve as chairman of the panel. The department shall provide such advice and technical and clerical assistance as is requested by the panel. The panel must make its decision and submit it to the participating political subdivisions before April 1. When submitted, the decision is final and binding upon the participating political subdivisions. Except as otherwise provided in this section, the provisions of NRS 38.206 to 38.248, inclusive, apply.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 103ê

 

CHAPTER 51, AB 21

Assembly Bill No. 21–Assemblywoman Gerhardt

 

CHAPTER 51

 

AN ACT relating to criminal procedure; prohibiting the civil compromise of misdemeanor offenses involving domestic violence; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.564 is hereby amended to read as follows:

      178.564  [When] If a defendant is held to answer on a charge of a misdemeanor [,] for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in NRS 178.566 [, except when it was committed:

      1.  By] unless the offense:

      1.  Was committed by or upon an officer of justice [,] while in the execution of the duties of his office [.

      2.  Riotously.

      3.  With] ;

      2.  Was committed riotously;

      3.  Was committed with the intent to commit a felony [.] ;

      4.  Is a battery that constitutes domestic violence pursuant to NRS 33.018; or

      5.  Violates a temporary or extended order for protection against domestic violence.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 104ê

 

CHAPTER 52, AB 164

Assembly Bill No. 164–Assemblymen Smith, Gansert, Gerhardt, Giunchigliani, Holcomb, Leslie, Marvel, Parks and Parnell (by request)

 

Joint Sponsors: Senators Mathews and Washington

 

CHAPTER 52

 

AN ACT relating to the City of Sparks; amending the Charter of the City of Sparks to increase the term of office of Municipal Judges; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 397, is hereby amended to read as follows:

      Sec. 5.010  General elections.

      1.  On the Tuesday after the first Monday in June 2001, there must be elected by the registered voters of the City, at a general municipal election, Council members to represent the first, third and fifth wards, a Municipal Judge for Department 1 and a City Attorney, all of whom hold office until their successors have been elected and qualified, pursuant to subsection 3 [.] or 4.

      2.  On the Tuesday after the first Monday in June 2003, there must be elected by the registered voters of the City, at a general municipal election, Council members to represent the second and fourth wards, a Mayor and a Municipal Judge for Department 2, all of whom hold office until their successors have been elected and qualified, pursuant to subsection [4.] 5 or 6.

      3.  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, Council members to represent the first, third and fifth wards [, a Municipal Judge for Department 1] and a City Attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

      4.  On the Tuesday after the first Monday in November 2004, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 4 years and until his successor has been elected and qualified, pursuant to subsection 7.

      5.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 4 years, there must be elected by the registered voters of the City, at the general election, Council members to represent the second and fourth wards [,] and a Mayor , [and a Municipal Judge for Department 2,] all of whom hold office for a term of 4 years and until their successors have been elected and qualified.

 


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ê2005 Statutes of Nevada, Page 105 (Chapter 52, AB 164)ê

 

      [5.] 6.  On the Tuesday after the first Monday in November 2006, and at each successive interval of 6 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 2, who holds office for a term of 6 years and until his successor has been elected and qualified.

      7.  On the Tuesday after the first Monday in November 2008, and at each successive interval of 6 years, there must be elected by the registered voters of the City, at the general election, a Municipal Judge for Department 1, who holds office for a term of 6 years and until his successor has been elected and qualified.

      8.  All candidates at an election that is held pursuant to this section must be voted upon by the registered voters of the City at large.

________

 

CHAPTER 53, AB 157

Assembly Bill No. 157–Committee on Judiciary

 

CHAPTER 53

 

AN ACT relating to courts; authorizing a senior justice of the peace to serve temporarily in any justice’s court in this State regardless of whether he is a resident of the township or county in which the justice’s court to which he is assigned is located; authorizing a senior municipal court judge or a senior justice of the peace who formerly served as a municipal court judge to serve temporarily in any municipal court in this State regardless of whether he is a resident of the city in which the municipal court to which he is assigned is located; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law or ordinance, a senior justice of the peace who serves in that capacity may serve temporarily in any justice’s court in this State, regardless of whether he is a resident of the township or county in which the justice’s court to which he is assigned is located.

      2.  As used in this section, “senior justice of the peace” means a former justice of the peace who has received a commission from the Supreme Court to serve as a senior justice of the peace pursuant to the rules prescribed by the Supreme Court.

      Sec. 2.  Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law or city charter, a senior municipal court judge who serves in that capacity or a senior justice of the peace who serves in that capacity and who formerly served as a municipal court judge may serve temporarily in any municipal court in this State, regardless of whether he is a resident of the city in which the municipal court to which he is assigned is located.

 


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ê2005 Statutes of Nevada, Page 106 (Chapter 53, AB 157)ê

 

regardless of whether he is a resident of the city in which the municipal court to which he is assigned is located.

      2.  As used in this section:

      (a) “Senior justice of the peace” means a former justice of the peace who has received a commission from the Supreme Court to serve as a senior justice of the peace pursuant to the rules prescribed by the Supreme Court.

      (b) “Senior municipal court judge” means a former judge of a municipal court who has received a commission from the Supreme Court to serve as a senior municipal court judge pursuant to rules prescribed by the Supreme Court.

________

 

CHAPTER 54, AB 368

Assembly Bill No. 368–Assemblyman Oceguera

 

CHAPTER 54

 

AN ACT relating to motor vehicles; authorizing designees of sheriffs, marshals and policemen to remove abandoned vehicles from public property in their jurisdiction; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Any sheriff [,] or his designee, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the Manufactured Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or policeman of a city or town [,] or his designee, or a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125 who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request [,] if the vehicle is removed from public property.

             (2) The owner or person in possession or control of the property [,] if the vehicle is removed from private property.

 


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ê2005 Statutes of Nevada, Page 107 (Chapter 54, AB 368)ê

 

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

________

 

CHAPTER 55, AB 49

Assembly Bill No. 49–Committee on Government Affairs

 

CHAPTER 55

 

AN ACT relating to the Marlette Lake Water System; authorizing the issuance of revenue or general obligation bonds to finance the capital costs of improving and modernizing the Marlette Lake Water System; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 331.160 is hereby amended to read as follows:

      331.160  1.  The Marlette Lake Water System, composed of the water rights, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.

      2.  The purposes of the Marlette Lake Water System are:

      (a) To provide adequate supplies of water to the areas served.

      (b) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.

      (c) To sell water under equitable and fiscally sound contractual arrangements. Any such contractual arrangements must not include the value of the land comprising the watershed as an element in determining the cost of water sold.

      3.  The Department of Administration is designated as the state agency to supervise and administer the functions of the Marlette Lake Water System.

      4.  The Director of the Department of Administration may assign the supervision and administration of the functions of the Marlette Lake Water System to one of the divisions of the Department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive. Subject to the limit of money provided by legislative appropriation or revenues whose expenditure is authorized by law, the chief of that division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive.

      5.  The Director of the Department of Administration shall:

      (a) Establish the value of water to be distributed from the Marlette Lake Water System.

      (b) Include in the water rate structure provisions for recovery, over a reasonable period, of the major capital costs of improving and modernizing the System.

 


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ê2005 Statutes of Nevada, Page 108 (Chapter 55, AB 49)ê

 

      (c) Assure that the rate structure is equitable for all present and potential customers.

      6.  [Subject to the limit of money provided by legislative appropriation or revenues whose expenditure is authorized by law, the Chief of the Division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive.] The Director of the Department of Administration may request the State Board of Finance to issue general obligation bonds of the State or revenue bonds in an aggregate principal amount not to exceed $25,000,000 to finance the capital costs of improving and modernizing the Marlette Lake Water System. Before any revenue bonds are issued pursuant to this subsection, the State Board of Finance must determine that sufficient revenue will be available in the Marlette Lake Water System Fund to pay the interest and installments of principal as they become due. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of state securities pursuant to this subsection.

      7.  The Legislature finds and declares that the issuance of state securities and the incurrence of indebtedness pursuant to subsection 6 is necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 2.  NRS 331.180 is hereby amended to read as follows:

      331.180  1.  The Marlette Lake Water System Fund is hereby created as an enterprise fund. Money in the Fund may not revert to the State General Fund or be transferred to any other fund.

      2.  The Marlette Lake Water System Fund must be used for the:

      (a) Deposit of revenue resulting from the sale of water and any other receipts.

      (b) Payment of costs of operation in accordance with the provisions of chapter 353 of NRS.

      (c) Repayment of bonds issued pursuant to NRS 331.160 for which money in the Fund has been pledged.

________

 

CHAPTER 56, AB 469

Assembly Bill No. 469–Committee on Judiciary

 

CHAPTER 56

 

AN ACT relating to criminal procedure; revising certain provisions governing forfeiture of bail; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 178.512 is hereby amended to read as follows:

      178.512  1.  The court shall not set aside a forfeiture unless:

      (a) The surety submits an application to set it aside on the ground that the defendant:

 


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ê2005 Statutes of Nevada, Page 109 (Chapter 56, AB 469)ê

 

             (1) Has appeared before the court since the date of the forfeiture and has presented [:

                   (I) A] a satisfactory excuse for his absence; [or

                   (II) Satisfactory evidence that the surety did not in any way cause or aid the absence of the defendant;]

             (2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;

             (3) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date;

             (4) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date; or

             (5) Was unable to appear before the court before the date of the forfeiture because he was deported, but the surety did not know and could not reasonably have known of his deportation before that date,

Ê and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and

      (b) The court determines that justice does not require the enforcement of the forfeiture.

      2.  If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture. The court shall mail a copy of the order setting aside the forfeiture to the Office of Court Administrator immediately upon entry of the order.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2005 Statutes of Nevada, Page 110ê

 

CHAPTER 57, AB 28

Assembly Bill No. 28–Committee on Government Affairs

 

CHAPTER 57

 

AN ACT relating to the Rehabilitation Division of the Department of Employment, Training and Rehabilitation; abolishing the positions of Chief of the Bureau of Services to the Blind and Visually Impaired and Chief of the Bureau of Vocational Rehabilitation and transferring the powers and duties of those positions to the Administrator of the Rehabilitation Division; clarifying that the Division is the designated state unit for certain state programs for independent living established pursuant to federal law; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.945 is hereby amended to read as follows:

      232.945  1.  The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:

      [1.] (a) Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.

      [2.] (b) Shall administer the provisions of law set forth in [subsection 4,] paragraph (d), subject to the administrative supervision of the Director.

      [3.] (c) Except as otherwise provided in NRS 284.143, 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.

     [4.] (d) Is responsible for the administration, through the bureaus of the Rehabilitation Division, of the provisions of this section, NRS 232.940 , [and 232.950 and this section, NRS] 426.520 to 426.610, inclusive, and sections 4 and 5 of this act, and chapter 615 of NRS , and all other provisions of law relating to the functions of the Rehabilitation Division . [and its bureaus , but is not responsible for the professional line activities of the bureaus except as otherwise provided by specific statute.

      5.] (e) Is responsible for the preparation of a consolidated state plan for the Bureau of Services to the Blind and Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.

      [6.] (f) In developing and revising state plans pursuant to [subsection 5,] paragraph (e), shall consider, without limitation:

      [(a)] (1) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;

      [(b)] (2) The conditions attached to the acceptance of that money; and

      [(c)] (3) The limitations of legislative appropriations for the programs.

      [7.] (g) May make such expenditures and investigations, require such reports and take such other actions as he deems necessary or suitable to carry out the functions of the Rehabilitation Division.

 


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ê2005 Statutes of Nevada, Page 111 (Chapter 57, AB 28)ê

 

      (h) May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.

      (i) Shall determine the organization and methods of procedure for the Rehabilitation Division in accordance with the provisions of this section, NRS 232.940, 426.520 to 426.610, inclusive, and sections 4 and 5 of this act, and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.

      (j) May adopt, amend or rescind such rules and regulations as he deems necessary or suitable to carry out the provisions of this section, NRS 232.940, 426.520 to 426.610, inclusive, and sections 4 and 5 of this act, and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.

      2.  The Rehabilitation Division shall serve as the designated state unit with respect to state programs for independent living established pursuant to 29 U.S.C. §§ 796 et seq. As used in this subsection, “designated state unit” has the meaning ascribed to it in 34 C.F.R. § 364.4.

      Sec. 2.  NRS 218.53796 is hereby amended to read as follows:

      218.53796  1.  There is hereby established an advisory committee to the Committee consisting of:

      (a) The Superintendent of Public Instruction;

      (b) The Administrator of the Aging Services Division of the Department of Human Resources;

      (c) [The Chief] An officer or employee of the Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation [;

      (d) The Chief] , appointed by the Administrator of that Division;

      (d) An officer or employee of the Bureau of Services to the Blind and Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation [;] , appointed by the Administrator of that Division; and

      (e) Any persons appointed by the Chairman of the Committee pursuant to subsection 2.

      2.  The Chairman of the Committee shall appoint representatives from local advocacy and provider groups to serve on the advisory committee, as the Chairman deems necessary.

      3.  [Each] A member of the advisory committee described in paragraph (a) [, (b), (c) or (d)] or (b) of subsection 1 may designate a representative to serve in his place on the advisory committee or to replace him at a meeting of the Committee or the advisory committee. The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation may designate a representative to serve in the place of a member of the advisory committee described in paragraph (c) or (d) of subsection 1 or to replace such a member at a meeting of the Committee or the advisory committee.

      4.  Each member of the advisory committee who is not an officer or employee of the State serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

      5.  Each member of the advisory committee who is an officer or employee of the State must be relieved from his duties without loss of his regular compensation so that he may attend meetings of the Committee or the advisory committee and is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency that employs him.

 


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ê2005 Statutes of Nevada, Page 112 (Chapter 57, AB 28)ê

 

travel expenses provided for state officers and employees generally, which must be paid by the state agency that employs him.

      Sec. 3.  Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  As used in NRS 426.520 to 426.610, inclusive, and sections 4 and 5 of this act, the words and terms defined in NRS 426.520 and section 5 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  “Administrator” means the Administrator of the Division.

      Sec. 6.  NRS 426.235 is hereby amended to read as follows:

      426.235  The Office of Disability Services is hereby created within the Department. The Office shall:

      1.  Provide access to information about services or programs for persons with disabilities that are available in this State.

      2.  Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

      (a) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

      (b) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      3.  Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      4.  Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Office shall:

      (a) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Office to each of the local governmental agencies that provides services or programs to persons with disabilities;

      (b) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

      (c) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      5.  Administer the following programs in this State that provide services for persons with disabilities:

      (a) The program established pursuant to NRS 426.265, 426.275 and 426.285 to provide financial assistance to persons with physical disabilities;

      (b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

 


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ê2005 Statutes of Nevada, Page 113 (Chapter 57, AB 28)ê

 

      (c) The program established pursuant to NRS 426.295 to provide devices for telecommunication to deaf persons and persons with impaired speech or hearing;

      (d) Any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.;

      (e) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq. [;] , with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

      (f) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      6.  Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      7.  Ensure that state and local governmental agencies comply with the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.

      8.  Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

      (a) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

      (b) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      9.  Publish a biennial report which:

      (a) Reviews the current and projected capacity of:

             (1) Services available to persons with disabilities pursuant to the State Plan for Medicaid;

             (2) Waivers to the State Plan for Medicaid for the provision of home and community-based services in this State;

             (3) Services available to persons with disabilities from counties and other local governmental entities in this State; and

             (4) Any other services available to persons with disabilities from any governmental or nonprofit agency;

      (b) Identifies the costs of existing and new services in the community for persons with disabilities;

      (c) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

      (d) Recommends plans to provide services or programs for persons with disabilities by using the data from any waiting lists of persons seeking such services or programs;

      (e) Reports the outcomes of persons with disabilities who have received services for persons with disabilities in this State; and

      (f) Reports the progress of the Office in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001.

 


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ê2005 Statutes of Nevada, Page 114 (Chapter 57, AB 28)ê

 

      10.  Provide on or before January 15 of each year a report to the Governor and on or before January 15 of each odd-numbered year a report to the Legislature, including, without limitation:

      (a) A summary of the activities of the Office for the preceding fiscal year or 2 preceding fiscal years, if the report is provided to the Legislature;

      (b) Documentation of significant problems affecting persons with disabilities when accessing public services, if the Office is aware of any such problems;

      (c) A summary and analysis of the trends in the systems of care and services available for persons with disabilities; and

      (d) Recommendations for improving the ability of the State of Nevada to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      Sec. 7.  NRS 426.520 is hereby amended to read as follows:

      426.520  [As used in NRS 426.520 to 426.610, inclusive, “blind] “Blind person” means a person described in NRS 426.041 and any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself.

      Sec. 8.  NRS 426.550 is hereby amended to read as follows:

      426.550  1.  The Bureau shall be headed by [a Chief who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of Chief.] the Administrator.

      2.  The Bureau shall:

      (a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

      (b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

      3.  The Bureau may:

      (a) Provide for treatment or operations to prevent blindness or restore vision to applicants for or recipients of services to the blind who request and make written application for such treatment or operation; and

      (b) Pay for all necessary expenses incurred in connection with the diagnosis and treatment provided under paragraph (a). Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.

      Sec. 9.  NRS 426.555 is hereby amended to read as follows:

      426.555  Subject to the approval of the Director, the [Chief] Administrator or his designated representative shall prepare reports for the Federal Government pursuant to the Vocational Rehabilitation Act Amendments of 1965 , [(] Title 29 of U.S.C., as amended , [),] any future amendments thereof and the regulations promulgated thereunder.

      Sec. 10.  NRS 426.567 is hereby amended to read as follows:

      426.567  1.  All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for the Blind in the Department of Employment, Training and Rehabilitation’s Gift Fund.

 


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ê2005 Statutes of Nevada, Page 115 (Chapter 57, AB 28)ê

 

and Gift Account for the Blind in the Department of Employment, Training and Rehabilitation’s Gift Fund.

      2.  The State Grant and Gift Account must be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the Bureau.

      3.  All claims must be approved by the [Chief] Administrator before they are paid.

      Sec. 11.  NRS 426.570 is hereby amended to read as follows:

      426.570  1.  All employees of the Bureau [shall be] are directly responsible to the [Chief.] Administrator.

      2.  Such employees [shall] must consist of persons skilled in assisting blind persons to achieve social and economic independence.

      Sec. 12.  NRS 426.675 is hereby amended to read as follows:

      426.675  1.  The Business Enterprise Account for the Blind is hereby created within the State General Fund and must be managed by the [Chief.] Administrator of the Division.

      2.  Money received by the Bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, must:

      (a) Be deposited in the Business Enterprise Account for the Blind.

      (b) Except as otherwise provided in subsection 4, remain in the Account and not revert to the State General Fund.

      (c) Be used for:

             (1) Purchasing, maintaining or replacing vending stands or the equipment therein;

             (2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the Vending Stand Program; and

             (3) Other purposes, consistent with NRS 426.640, as may be provided by regulation.

      3.  Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the Chief of the Purchasing Division of the Department of Administration or his designated representative, but the Bureau shall:

      (a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the Business Enterprise Account for the Blind;

      (b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

      (c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the Account.

      4.  If the Business Enterprise Account for the Blind is dissolved, any money remaining therein reverts to the State General Fund.

      5.  Money from any source which may lawfully be used for the Vending Stand Program may be transferred or deposited by the Bureau to the Business Enterprise Account for the Blind.

      6.  The interest and income earned on the money in the Business Enterprise Account for the Blind, after deducting any applicable charges, must be credited to the Account.

      Sec. 13.  NRS 615.180 is hereby amended to read as follows:

      615.180  1.  The [Chief] Administrator shall:

      (a) Subject to the approval of the Director, adopt rules and regulations necessary to carry out the purposes of this chapter;

      (b) Establish appropriate administrative units within the Bureau;

 


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      (c) [Subject to the approval of the Administrator, appoint] Appoint such personnel as is necessary for the proper and efficient performance of the functions of the Bureau;

      (d) Prescribe the duties of the personnel of the Bureau;

      (e) Prepare and submit to the Governor, through the Director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

      (f) Make certification for the disbursement of money available for carrying out the purposes of this chapter; and

      (g) Take such other action as may be necessary or appropriate to cooperate with public and private agencies and otherwise to carry out the purposes of this chapter.

      2.  The [Chief] Administrator may delegate to any officer or employee of the Bureau such of his powers and duties as he finds necessary to carry out the purposes of this chapter.

      Sec. 14.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  All gifts of money which the Bureau is authorized to accept must be deposited in the State Treasury for credit to the Rehabilitation Gift Account in the Department of Employment, Training and Rehabilitation’s Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the [Chief] Administrator before they are paid.

      Sec. 15.  NRS 232.950, 426.051, 615.035 and 615.160 are hereby repealed.

      Sec. 16.  1.  This act becomes effective on July 1, 2005.

      2.  Section 2 of this act expires by limitation on June 30, 2007.

________

 

CHAPTER 58, AB 166

Assembly Bill No. 166–Assemblymen Hardy, Anderson, Hettrick, Sibley, Parks, Christensen, Claborn, Conklin, Denis, Gansert, Holcomb, Manendo, McCleary and Seale

 

Joint Sponsors: Senators Hardy, Nolan and Raggio

 

CHAPTER 58

 

AN ACT relating to civil actions; revising certain provisions relating to an offer of judgment in a civil action; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 17.115 is hereby amended to read as follows:

      17.115  1.  At any time more than 10 days before trial, any party may serve upon one or more other parties a written offer to allow judgment to be taken in accordance with the terms and conditions of the offer of judgment.

 


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      2.  Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk. Upon receipt by the clerk:

      (a) The clerk shall enter judgment according to the terms of the offer unless:

             (1) A party who is required to pay the amount of the offer requests dismissal of the claim instead of entry of the judgment; and

             (2) The party pays the amount of the offer within a reasonable time after the offer is accepted.

      (b) Regardless of whether a judgment or dismissal is entered pursuant to paragraph (a), the court shall award costs in accordance with NRS 18.110 to each party who is entitled to be paid under the terms of the offer, unless the terms of the offer preclude a separate award of costs.

Ê Any judgment entered pursuant to this section shall be deemed a compromise settlement.

      3.  If the offer of judgment is not accepted pursuant to subsection 2 within 10 days after the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.

      4.  Except as otherwise provided in this section, if a party who rejects an offer of judgment fails to obtain a more favorable judgment, the court:

      (a) May not award to the party any costs or attorney’s fees;

      (b) May not award to the party any interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment;

      (c) Shall order the party to pay the taxable costs incurred by the party who made the offer; and

      (d) May order the party to pay to the party who made the offer any or all of the following:

             (1) A reasonable sum to cover any costs incurred by the party who made the offer for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case.

             (2) Any applicable interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment.

             (3) Reasonable attorney’s fees incurred by the party who made the offer for the period from the date of service of the offer to the date of entry of the judgment. If the attorney of the party who made the offer is collecting a contingent fee, the amount of any attorney’s fees awarded to the party pursuant to this subparagraph must be deducted from that contingent fee.

      5.  To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:

      (a) If the offer provided that the court would award costs, the court must compare the amount of the offer with the principal amount of the judgment , [with the amount of the offer,] without inclusion of costs.

      (b) If the offer precluded a separate award of costs, the court must compare the amount of the offer with the sum of:

             (1) The principal amount of the judgment ; [with the sum of:

             (1) The amount of the offer;] and

 


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             (2) The amount of taxable costs that the [party to whom the offer was made] claimant who obtained the judgment incurred before the date of service of the offer.

Ê As used in this subsection, “claimant” means a plaintiff, counterclaimant, cross-claimant or third-party plaintiff.

      6.  Multiple parties may make a joint offer of judgment pursuant to this section.

      7.  A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:

      (a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and

      (b) The sanctions set forth in subsection 4:

             (1) Apply to each party who rejected the apportioned offer.

             (2) Do not apply to any party who accepted the apportioned offer.

      8.  If the liability of one party to another party has been determined by verdict, order or judgment, but the amount or extent of the liability of the party remains to be determined by further proceedings, the party found liable may, not later than 10 days before commencement of the proceedings to determine the amount or extent of his liability, serve upon the party to whom he is liable a written offer of judgment. An offer of judgment made pursuant to this subsection shall be deemed to have the same effect as an offer of judgment made before trial.

      9.  The sanctions set forth in subsection 4 do not apply to:

      (a) An offer of judgment made to multiple defendants unless the same person is authorized to decide whether to settle the claims against all the defendants to whom the offer is made and:

             (1) There is a single common theory of liability against all the defendants to whom the offer is made;

             (2) The liability of one or more of the defendants to whom the offer is made is entirely derivative of the liability of the remaining defendants to whom the offer is made; or

             (3) The liability of all the defendants to whom the offer is made is entirely derivative of a common act or omission by another person.

      (b) An offer of judgment made to multiple plaintiffs unless the same person is authorized to decide whether to settle the claims of all the plaintiffs to whom the offer is made and:

             (1) There is a single common theory of liability claimed by all the plaintiffs to whom the offer is made;

             (2) The damages claimed by one or more of the plaintiffs to whom the offer is made are entirely derivative of an injury to the remaining plaintiffs to whom the offer is made; or

             (3) The damages claimed by all the plaintiffs to whom the offer is made are entirely derivative of an injury to another person.

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CHAPTER 59, SB 472

Senate Bill No. 472–Committee on Transportation and Homeland Security

 

CHAPTER 59

 

AN ACT relating to motor vehicles; revising provisions concerning penalties for failure to secure a child in an approved child restraint system; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.474 is hereby amended to read as follows:

      484.474  1.  Except as otherwise provided in subsection [5,] 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which:

      (a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;

      (b) Is appropriate for the size and weight of the child; and

      (c) Is installed within and attached safely and securely to the motor vehicle:

             (1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or

             (2) In another manner that is approved by the National Highway Traffic Safety Administration.

      2.  [A person who violates] If a defendant pleads or is found guilty of violating the provisions of subsection 1 [shall be:

      (a) Required] , the court shall:

      (a) In addition to any other penalty imposed by law, order the defendant to complete a program of training conducted by a person or agency approved by the Department of Public Safety in the installation and use of child restraint systems [;] , except that the court shall waive the requirements of this paragraph if the defendant is not a resident of the State of Nevada; and

      (b) Except as otherwise provided in this paragraph, [punished by] order the defendant to pay a fine of not less than $50 nor more than $500, or [required] order the defendant to perform not less than 8 hours nor more than 50 hours of community service. The court may :

             (1) For a first offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine or any amount of the community service; and

             (2) For a second or subsequent offense by a defendant who completes a program of training described in paragraph (a), waive any amount of the fine in excess of $50 or any amount of the community service in excess of 8 hours , ( if [a] the person or agency [approved by the Department of Public Safety] which provided the program of training to the defendant certifies to the court that the [violator has:

 

 


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Ê if [a] the person or agency [approved by the Department of Public Safety] which provided the program of training to the defendant certifies to the court that the [violator has:

             (1) Completed] defendant has completed the program of training required by paragraph (a) [; and

             (2) Presented] , has paid the fee, if any, established for the program pursuant to subsection 4 and has presented for inspection by the person or agency an installed child restraint system that satisfies the provisions of subsection 1. The provisions of this paragraph do not authorize the waiver of any fee established by a person or agency pursuant to subsection 4.

      3.  The court shall make available a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems.

      [3.] The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4.

      4.  A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:

      (a) Must be reasonable; and

      (b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.

Ê A program of training may not be operated for profit.

      5.  For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.

      [4.] 6.  A violation of this section may not be considered:

      (a) Negligence in any civil action; or

      (b) Negligence or reckless driving for the purposes of NRS 484.377.

      [5.] 7.  This section does not apply:

      (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

      (b) When a physician determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.

      [6.] 8.  As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:

      (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;

      (b) Integrated child seats; and

      (c) Safety belts that are designed specifically to be adjusted to accommodate children.

      Sec. 2.  This act becomes effective on July 1, 2005.

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CHAPTER 60, SB 294

Senate Bill No. 294–Committee on Natural Resources

 

CHAPTER 60

 

AN ACT relating to the State Conservation Commission; authorizing the Commission to apply for available grants; revising provisions governing the distribution by the Commission of grants of money to conservation districts; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 548.175 is hereby amended to read as follows:

      548.175  The Commission has the following duties and powers:

      1.  To carry out the policies of this State in programs at the state level for the conservation of the renewable natural resources of this State and to represent the State in matters affecting such resources.

      2.  To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs, to propose programs and to assist and guide districts in the preparation and carrying out of programs authorized under this chapter, to review district programs, to coordinate the programs of the districts and resolve any conflicts in such programs, and to facilitate, promote, assist, harmonize, coordinate and guide the programs and activities of districts as they relate to other special-purpose districts, counties and other public agencies.

      3.  To keep the supervisors of each of the districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among those districts and promote cooperation among them.

      4.  To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this State in the work of conservation districts.

      5.  To serve, along with conservation districts, as the official state agency for cooperating with the Natural Resources Conservation Service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.

      6.  To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.

      7.  To make available, with the assistance of the Division, information concerning the needs and the work of the districts and the Commission to the Director of the State Department of Conservation and Natural Resources, the Legislature, executive agencies and political subdivisions of this State, cooperating federal agencies and the general public.

 


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      8.  To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special-purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 [to 1010, inclusive,] et seq., and the requirements of other special programs of the United States Department of Agriculture.

      9.  Pursuant to procedures developed mutually by the Commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from those agencies, for review and comment, suitable descriptions of their plans, programs and activities for purposes of coordination with the conservation districts’ programs and to arrange for and participate in conferences necessary to avoid conflict among the plans and programs, to call attention to omissions and to avoid duplication of effort.

      10.  To submit, with the assistance of the Division, a report to the Director of the State Department of Conservation and Natural Resources whenever the Commission determines that there exists a substantial conflict between the program of a district and the proposed plans or activities directly affecting the conservation of natural resources prepared by any other local [government] governmental unit or agency of this State.

      11.  By administrative order of the Commission, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that the request has been approved by a majority vote of the members of each of the boards involved:

      (a) To transfer lands from one district established under the provisions of this chapter to another.

      (b) To divide a single district into two or more districts, each of which must, thereafter, operate as a separate district under the provisions of this chapter.

      (c) To consolidate two or more districts established under the provisions of this chapter into a single district under the provisions of this chapter.

      (d) To inform the Administrative Officer of the Division of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.

      12.  To authorize the change of name of any district, upon receipt by the Commission of a resolution by the board of supervisors of the district for such a change and to present the resolution to the Administrative Officer of the Division for processing and recording in accordance with the provisions of NRS 548.240.

      13.  To apply for any available grants and to accept and use any grants, gifts or donations to make available grants of money to qualified conservation districts to aid the districts in carrying out the provisions of this chapter.

      Sec. 2.  NRS 548.178 is hereby amended to read as follows:

      548.178  1.  The Commission [shall adopt regulations which establish a program] may establish programs for distributing, within the limits of legislative appropriations [,] and other available money, grants of money to conservation districts. Distribution of such grants must be made in the following manner:

 


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      (a) The Commission shall distribute grants of money provided by legislative appropriation in equal amounts to each conservation district which the Commission determines qualifies for a grant.

      (b) The Commission may distribute grants of money provided by sources other than legislative appropriation in such amounts and subject to such conditions as the Commission determines appropriate to any conservation district which the Commission determines qualifies for a grant.

      2.  [A] The Commission may determine that a conservation district qualifies for a grant of money pursuant to this section if the district [:] demonstrates to the satisfaction of the Commission that the district:

      (a) Has been established in accordance with the provisions of this chapter; and

      (b) Is in compliance with all of the requirements of this chapter and the regulations of the Commission adopted pursuant thereto.

      3.  [A] Except as may otherwise be provided as a condition of a grant of money distributed by the Commission pursuant to paragraph (b) of subsection 1, a conservation district that is awarded a grant of money pursuant to this section may use the money for reasonable and necessary expenses incurred by the district in carrying out its duties and authorities in accordance with this chapter and the annual district budget approved by the Commission.

      4.  The Commission may adopt such regulations as it considers necessary to carry out the provisions of this section.

________

 

CHAPTER 61, SB 413

Senate Bill No. 413–Committee on Government Affairs

 

CHAPTER 61

 

AN ACT relating to debt management commissions; revising the date of the nonorganizational annual meeting of such a commission; authorizing the governing bodies of counties to reimburse certain members of such commissions for certain expenses; revising the dates for the submission by municipalities of certain annual statements and capital improvement plans to such commissions; prohibiting such commissions from adjourning meetings called to consider particular proposals in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.0115 is hereby amended to read as follows:

      350.0115  1.  There is hereby created in each county whose population is 400,000 or more [,] a debt management commission, to be composed of:

      (a) Three representatives of the board of county commissioners from its membership;

      (b) One representative of each governing body of the five largest incorporated cities in the county from its membership;

 


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      (c) One representative of the board of trustees of the county school district from its membership; and

      (d) Two representatives of the public at large.

      2.  There is hereby created in each county whose population is less than 400,000 [,] a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:

      (a) In each such county which contains more than one incorporated city:

             (1) One representative of the city in which the county seat is located;

             (2) One representative of the other incorporated cities jointly; and

             (3) One representative of the public at large.

      (b) In each such county which contains one incorporated city:

             (1) One representative of the incorporated city; and

             (2) Two representatives of the public at large.

      (c) In each such county which contains no incorporated city, one representative of the public at large.

      (d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

      3.  In Carson City, there is hereby created a debt management commission, to be composed of one representative of the Board of Supervisors, one representative of the school district and three representatives of the public at large. The representative of the Board of Supervisors and the representative of the school district shall select the representatives of the public at large and, for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

      4.  Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

      5.  A person appointed as a member of the commission in a county whose population is 100,000 or more who is not an elected officer or a person appointed to an elective office for an unexpired term must have at least 5 years of experience in the field of public administration, public accounting or banking.

      6.  A person appointed as a member of the commission shall not have a substantial financial interest in the ownership or negotiation of securities issued by this State or any of its political subdivisions.

      7.  Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1. The representatives of incorporated cities must be chosen after elections are held in the cities, but before the annual meeting of the commission in [July.] August. The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.

 


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(b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.

      8.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.

      Sec. 2.  NRS 350.012 is hereby amended to read as follows:

      350.012  1.  The commission shall meet during the month of February of each year [,] to organize by selecting a chairman and vice chairman. In a county whose population is 400,000 or more, the chairman must be one of the representatives of the board of county commissioners. The county clerk is ex officio the secretary of the commission.

      2.  In addition to the organizational meeting, each commission shall meet annually in [July] August of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.014 and 350.0145.

      3.  In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:

      (a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.

      (b) Is 400,000 or more, shall meet each month.

Ê The meetings required by this subsection must be scheduled at each annual meeting in [July.] August.

      4.  The appointing authority may remove a member of a commission in a county whose population:

      (a) Is 400,000 or more if the member fails to attend three consecutive meetings or five meetings during a calendar year.

      (b) Is 100,000 or more but less than 400,000 if the member fails to attend two consecutive meetings or three meetings during a calendar year.

      (c) Is less than 100,000 if the member fails to attend at least one meeting during a calendar year.

      5.  Except as otherwise provided in subsection 3 of NRS 350.0115, a majority of the members constitutes a quorum for all purposes.

      6.  The governing body of the county may provide for the payment to members of the commission who serve as representatives of the public at large:

      (a) Compensation of not more than $40, as fixed by the governing body, for each day or portion of a day of attendance at a meeting of the commission, not to exceed $400 paid to each such member per month.

      (b) While engaged in the business of the commission, the per diem allowance and travel expenses generally provided for officers and employees of the county, if any.

      Sec. 3.  NRS 350.013 is hereby amended to read as follows:

      350.013  1.  Except as otherwise provided in this section, on or before [July] August 1 of each year, the governing body of a municipality which proposes to issue or has outstanding any general obligation debt, other general obligations or special obligations, or which levies or proposes to levy any special elective tax, shall submit to the Department of Taxation and the commission:

      (a) A complete statement of current general obligation debt and special elective taxes, and a report of current debt and special assessments and retirement schedules, in the detail and form established by the Committee on Local Government Finance.

      (b) A complete statement, in the detail and form established by the Committee on Local Government Finance, of general obligation debt and special elective taxes contemplated to be submitted to the commission during the fiscal year.

 


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special elective taxes contemplated to be submitted to the commission during the fiscal year.

      (c) A written statement of the debt management policy of the municipality, which must include, without limitation:

             (1) A discussion of its ability to afford existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt;

             (2) A discussion of its capacity to incur authorized and proposed future general obligation debt without exceeding the applicable debt limit;

             (3) A discussion of its general obligation debt that is payable from property taxes per capita as compared with such debt of other municipalities in this State;

             (4) A discussion of its general obligation debt that is payable from property taxes as a percentage of assessed valuation of all taxable property within the boundaries of the municipality;

             (5) Policy regarding the manner in which the municipality expects to sell its debt;

             (6) A discussion of its sources of money projected to be available to pay existing general obligation debt, authorized future general obligation debt and proposed future general obligation debt; and

             (7) A discussion of its operational costs and revenue sources, for the ensuing 5 fiscal years, associated with each project included in its plan for capital improvement submitted pursuant to paragraph (d), if those costs and revenues are expected to affect the property tax rate.

      (d) Either:

             (1) Its plan for capital improvement for the ensuing 5 fiscal years, which must include any contemplated issuance of general obligation debt during this period and the sources of money projected to be available to pay the debt; or

             (2) A statement indicating that no changes are contemplated in its plan for capital improvement for the ensuing 5 fiscal years.

      (e) A statement containing the name, title, mailing address and telephone number of the chief financial officer of the municipality.

      2.  The governing body of a municipality may combine a statement or plan required by subsection 1 with the corresponding statement or plan of another municipality if both municipalities have the same governing body or the governing bodies of both municipalities agree to such a combination.

      3.  Except as otherwise provided in subsection 4, the governing body of each municipality shall update all statements and plans required by subsection 1 not less frequently than once each fiscal year.

      4.  In a county whose population is 100,000 or more, the governing body of each municipality shall update all statements and plans required by subsection 1 not less often than once each fiscal year and not more often than twice each fiscal year, except that a municipality may update a statement or plan required by subsection 1 more often than twice each fiscal year:

      (a) If the governing body determines, by a two-thirds vote, that an emergency requires that a statement or plan be updated;

      (b) To include an item related to:

             (1) An installment purchase that does not count against a debt limit; or

             (2) An obligation for which no additional property tax is expected;

 


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      (c) To update the purpose of a special elective tax without changing the rate of the special elective tax; or

      (d) To comply with the requirements of subsection 5 of NRS 268.625 or subsection 1 of NRS 350.091.

      5.  The provisions of this section do not apply to the Airport Authority of Washoe County so long as the Authority does not have any general obligation bonds outstanding and does not issue or propose to issue any such bonds. At least 30 days before each annual meeting of the commission, the Authority shall submit to the Department of Taxation a written statement regarding whether the Authority is planning to propose to issue any general obligation bonds before the next following annual meeting of the commission.

      Sec. 4.  NRS 350.0145 is hereby amended to read as follows:

      350.0145  1.  The governing body of the municipality proposing to incur general obligation debt, to enter an installment-purchase agreement with a term of more than 10 years or to levy a special elective tax and the board of trustees of a general improvement district whose population within its boundaries is less than 5,000 who proposes to issue a medium-term obligation or otherwise borrow money and issue any securities other than securities representing a general obligation debt or installment-purchase agreements with terms of 10 years or less [,] shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall, within 10 days, give notice of a meeting, in the manner required by chapter 241 of NRS, to be held not more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting [,] and mail notice of the meeting to the chief financial officer of each municipality in the county which has complied with subsection 1 of NRS 350.013 within the past year.

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

      (a) The scheduling of:

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

             (2) The imposition of the tax, if the proposal is to levy a special elective tax; and

      (b) If the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds 90 percent of the limit provided in NRS 361.453, a condition requiring a reduction in the amount of the proposed debt, installment-purchase agreement or special elective tax.

      3.  If the proposal is from a municipality, the commission may not approve any portion of the proposal that is not included in the statement filed pursuant to paragraph (b) of subsection 1 of NRS 350.013, as updated pursuant to subsection 3 or 4 of NRS 350.013.

      4.  The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than [10 days.] 60 days, except that the commission must approve or disapprove a proposal at least 30 days before the date on which the governing body that submitted the proposal is required to provide the proposal to the county clerk or city clerk pursuant to NRS 293.481. Notification of the approval or disapproval of its proposal must be sent to the governing body within 3 days after the meeting.

 


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      Sec. 5.  NRS 350.0155 is hereby amended to read as follows:

      350.0155  At the annual meeting in [July] August required by NRS 350.012, the commission shall:

      1.  Specify a percentage, which must not be less than 75 percent, for the purposes of paragraph (d) of subsection 1 of NRS 350.015; and

      2.  Establish priorities among essential and nonessential facilities and services for the purposes of paragraph (d) of subsection 1 of NRS 350.015. Facilities and services relating to public safety, education and health must be considered essential facilities and services, and all other facilities and services must be considered nonessential facilities and services.

      Sec. 6.  NRS 354.5945 is hereby amended to read as follows:

      354.5945  1.  Except as otherwise provided in subsection 6, [on or before July 1 of each year,] each local government shall annually prepare, on a form prescribed by the Department of Taxation for use by local governments, a capital improvement plan for the ensuing 5 fiscal years.

      2.  [Each] On or before August 1 of each year, each local government shall submit a copy of the capital improvement plan of the local government to the:

      (a) Department of Taxation; and

      (b) Debt management commission of the county in which the local government is located.

      3.  Each local government shall file a copy of the capital improvement plan of the local government for public record and inspection by the public in the offices of:

      (a) The clerk or secretary of the governing body; and

      (b) The county clerk.

      4.  The total amount of the expenditures contained in the capital improvement plan of the local government for the next ensuing fiscal year must equal the total amount of expenditures for capital outlay set forth in the final budget of the local government for each fund listed in that budget.

      5.  The capital improvement plan must reconcile the capital outlay in each fund in the final budget for the first year of the capital improvement plan to the final budget in the next ensuing fiscal year. The reconciliation must identify the minimum level of expenditure for items classified as capital assets in the final budget and the minimum level of expenditure for items classified as capital projects in the capital improvement plan. The reconciliation of capital outlay items in the capital improvement plan must be presented on forms created and distributed by the Department of Taxation.

      6.  Local governments that are exempt from the requirements of the Local Government Budget and Finance Act pursuant to subsection 1 of NRS 354.475 are not required to file a capital improvement plan.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

 


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CHAPTER 62, SB 301

Senate Bill No. 301–Committee on Government Affairs

 

CHAPTER 62

 

AN ACT relating to public welfare; requiring the Director of the Department of Human Resources or his designee to adopt any state plan required by the Federal Government as a condition of the receipt of federal money for a program administered by the Department or any of the divisions of the Department; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to the adoption of any state plan required pursuant to NRS 422.271 and except as otherwise provided in NRS 427A.040, 432.0305, 432A.090, 439.150, 439A.081, 442.140, 442.190 and 458.025, the Director or his designee shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any program for which the Department or any of the appropriate divisions of the Department is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

      (b) The nature and amounts of grants and other assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the development and administration of the program as the Director or his designee deems necessary.

      2.  In developing and revising such a plan, the Director or his designee shall consider, without limitation:

      (a) The amount of money available from the Federal Government;

      (b) The conditions attached to the acceptance of that money; and

      (c) The limitations of legislative appropriations and authorizations,

Ê for the particular program to which the plan applies.

      3.  If a condition to the receipt of federal money is that the program for which the money is received must apply statewide and except as otherwise required by federal law or regulation, the Director may adopt regulations establishing formulas for the:

      (a) Distribution of the federal money; and

      (b) Assessment of any penalties or other sanctions imposed on the program.

      Sec. 2.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.465, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Human Resources.

      2.  “Director” means the Director of the Department.

 


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      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 63, AB 256

Assembly Bill No. 256–Assemblymen Buckley and Manendo

 

CHAPTER 63

 

AN ACT relating to driving under the influence of alcohol or a controlled substance; establishing the crimes of vehicular homicide and homicide by vessel for a person who drives a motor vehicle or operates a vessel under the influence of alcohol or certain controlled or prohibited substances in certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:

      (a) A test of the applicant’s ability to understand official devices used to control traffic;

      (b) A test of his knowledge of practices for safe driving and the traffic laws of this State;

      (c) Except as otherwise provided in subsection 2, a test of his eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of his ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he is to be licensed.

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways.

      2.  The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a driver’s license examiner.

      3.  If the Department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

      (a) Past, present or prospective employer of the applicant; or

      (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

Ê in lieu of an actual demonstration.

      4.  The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:

 


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driver’s license of the same type or class issued by another jurisdiction unless that person:

      (a) Has not attained 25 years of age;

      (b) Has had his license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;

      (c) Has been convicted [,] of a violation of section 10 of this act or, during the immediately preceding 7 years, of a violation of NRS 484.379 or 484.3795 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (d) Has restrictions to his driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

      (e) Has had three or more convictions of moving traffic violations on his driving record during the immediately preceding 4 years; or

      (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts [1325 and] 1327 et seq. of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

      Sec. 2.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 

A license issued to a person 65 years of age or older......................... $14

An original license issued to any other person....................................... 19

A renewal license issued to any other person......................................... 19

Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or section 10 of this act or pursuant to NRS 484.384 and 484.385               40

Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or section 10 of this act or pursuant to NRS 484.384 and 484.385............................................................ 65

A new photograph, change of name, change of other information, except address, or any combination           5

A duplicate license...................................................................................... 14

 

      2.  For every motorcycle endorsement to a driver’s license, a fee of $5 must be charged.

      3.  If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensee’s social security number, or a number that was formulated by using the licensee’s social security number as a basis for the number, to a unique number that is not based on the licensee’s social security number.

      4.  The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      5.  A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.

 


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      6.  The Department may not charge a fee for the reinstatement of a driver’s license that has been:

      (a) Voluntarily surrendered for medical reasons; or

      (b) Cancelled pursuant to NRS 483.310.

      7.  All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.

      8.  Except as otherwise provided in NRS 483.340, 483.415 and 483.840, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      Sec. 3.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 2 of NRS 484.377.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

             (3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [.] or section 10 of this act.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

 


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permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his first such offense during the period of required use of the device.

      (b) For 5 years, if it is his second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

      Sec. 4.  NRS 483.461 is hereby amended to read as follows:

      483.461  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.08 in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

      2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62E.640, 484.379 or 484.3795 or section 10 of this act follows a suspension ordered pursuant to subsection 1, the Department shall:

      (a) Cancel the suspension ordered pursuant to subsection 1; and

      (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62E.640, 484.379 or 484.3795, or section 10 of this act, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

      3.  This section does not preclude:

      (a) The prosecution of a person for a violation of any other provision of law; or

      (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

      Sec. 5.  NRS 483.461 is hereby amended to read as follows:

      483.461  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

      2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62E.640, 484.379 or 484.3795 or section 63 of this act follows a suspension ordered pursuant to subsection 1, the Department shall:

 


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section 63 of this act follows a suspension ordered pursuant to subsection 1, the Department shall:

      (a) Cancel the suspension ordered pursuant to subsection 1; and

      (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62E.640, 484.379 or 484.3795, or section 63 of this act, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

      3.  This section does not preclude:

      (a) The prosecution of a person for a violation of any other provision of law; or

      (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

      Sec. 6.  NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484.3943:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which he is not eligible for a license, if he was convicted of:

                   (I) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

                   (II) A third or subsequent violation within 7 years of NRS 484.379;

             (2) After at least 180 days of the period during which he is not eligible for a license, if he was convicted of a violation of subsection 2 of NRS 484.377; or

             (3) After at least 45 days of the period during which he is not eligible for a license, if he was convicted of a first violation within 7 years of NRS 484.379.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484.3943, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

 


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pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked or suspended pursuant to title 5 of NRS, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both; and

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his work, or both;

      (b) To receive regularly scheduled medical care for himself or a member of his immediate family; and

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 7.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.

      2.  Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:

      (a) A violation of NRS 484.379, 484.3795 or 484.384;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000.

 


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for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason, unless in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.

      3.  A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 484.3792, 484.37937 or 484.3794 must run consecutively.

      5.  If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while his license was:

      (a) Suspended, the Department shall extend the period of the suspension for an additional like period.

      (b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted, the Department shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (d) Suspended or cancelled for an indefinite period, the Department shall suspend his license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.

      6.  Suspensions and revocations imposed pursuant to this section must run consecutively.

      Sec. 8.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The Department shall charge and collect the following fees:

 

For an original commercial driver’s license which requires the Department to administer a driving skills test     $84

For an original commercial driver’s license which does not require the Department to administer a driving skills test       54

For renewal of a commercial driver’s license which requires the Department to administer a driving skills test  84

For renewal of a commercial driver’s license which does not require the Department to administer a driving skills test   54

For reinstatement of a commercial driver’s license after suspension or revocation of the license for a violation of NRS 484.379 or 484.3795, or section 10 of this act, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)............................................................................. 84

 


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For reinstatement of a commercial driver’s license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484.379 or 484.3795, or section 10 of this act, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)                $54

For the transfer of a commercial driver’s license from another jurisdiction, which requires the Department to administer a driving skills test.................................................................................... 84

For the transfer of a commercial driver’s license from another jurisdiction, which does not require the Department to administer a driving skills test............................................................. 54

For a duplicate commercial driver’s license........................................... 19

For any change of information on a commercial driver’s license........ 9

For each endorsement added after the issuance of an original commercial driver’s license    14

For the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver’s license................................................................. 30

 

      2.  The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      6.  The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 9.  NRS 483.922 is hereby amended to read as follows:

      483.922  1.  Except as otherwise provided in NRS 484.383, a person who drives, operates or is in actual physical control of a commercial motor vehicle within this State shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the concentration of alcohol in his blood or breath or to detect the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

      2.  The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining such a person, has reasonable grounds to believe that the person was:

 


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      (a) Driving, operation or in actual physical control of a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [.] or section 10 of this act.

      3.  As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484.1245.

      Sec. 10.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person commits vehicular homicide if he:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;

      (b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:

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

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

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath.

 


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alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 484.379 or 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484.379 or 484.3795; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 11.  NRS 484.259 is hereby amended to read as follows:

      484.259  1.  Except for the provisions of NRS 484.379 to 484.3947, inclusive, and section 10 of this act, and any provisions made applicable by specific statute, the provisions of this chapter do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway.

      2.  The provisions of this chapter apply to the persons, teams, motor vehicles and other equipment described in subsection 1 when traveling to or from such work.

      Sec. 12.  NRS 484.3792 is hereby amended to read as follows:

      484.3792  1.  Unless a greater penalty is provided pursuant to NRS 484.3795, or section 10 of this act, a person who violates the provisions of NRS 484.379:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

             (1) Except as otherwise provided in subparagraph (4) or subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if he fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform not less than 48 hours, but not more than 96 hours, of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379;

             (3) Fine him not less than $400 nor more than $1,000; and

             (4) If he is found to have a concentration of alcohol of 0.18 or more in his blood or breath, order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court shall:

             (1) Sentence him to:

                   (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

 


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                   (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine him not less than $750 nor more than $1,000, or order him to perform an equivalent number of hours of community service while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this subsection is guilty of a misdemeanor.

      (c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      5.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

 


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      6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

      7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      8.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

      (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      Sec. 13.  NRS 484.37937 is hereby amended to read as follows:

      484.37937  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a first violation of NRS 484.379, other than a person who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 6 months. The court shall authorize that treatment if:

      (a) The person is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) He agrees to pay the cost of the treatment to the extent of his financial resources; and

      (c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

      2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

 


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substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      6.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      8.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 14.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  Except as otherwise provided in subsection 2, a person who is found guilty of a second violation of NRS 484.379 within 7 years may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 1 year if:

 


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may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Human Resources for at least 1 year if:

      (a) He is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) He agrees to pay the costs of the treatment to the extent of his financial resources; and

      (c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service.

      2.  A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:

      (a) A violation of NRS 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      3.  For the purposes of subsection 1, a violation of a law of any other jurisdiction that prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.

      4.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      5.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      6.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

 


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             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      7.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      8.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 15.  NRS 484.37945 is hereby amended to read as follows:

      484.37945  1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, the court shall place the offender under the clinical supervision of a treatment facility for treatment for a period not to exceed 1 year, in accordance with the report submitted to the court pursuant to subsection 3, 4 or 5 of NRS 484.37943. The court shall:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

Ê for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or section 31 of this act or a law of any other jurisdiction that prohibits the same or similar conduct,

Ê after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792.

      Sec. 16.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  [A] Unless a greater penalty is provided pursuant to section 10 of this act, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath;

 


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      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 17.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  [A] Unless a greater penalty is provided pursuant to section 63 of this act, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

 


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which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 18.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender pursuant to [NRS 484.3795 or] paragraph (c) of subsection 1 of NRS 484.3792, NRS 484.3795 or section 10 of this act, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 19.  NRS 484.3797 is hereby amended to read as follows:

      484.3797  1.  The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:

 


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      (a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of this act or a law of any other jurisdiction that prohibits the same or similar conduct; and

      (b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.

Ê The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.

      2.  Except as otherwise provided in this subsection, if a defendant pleads guilty to or is found guilty of any violation of NRS 484.379 or 484.3795, or section 10 of this act, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:

      (a) Attend, at the defendant’s expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of this act or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and

      (b) Pay the fee, if any, established by the court pursuant to subsection 1.

Ê The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.

      3.  A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.

      Sec. 20.  NRS 484.37975 is hereby amended to read as follows:

      484.37975  1.  If a person is convicted of a second or subsequent violation of NRS 484.379 or 484.3795 within 7 years [,] or of a violation of section 10 of this act, the court shall issue an order directing the Department to suspend the registration of each motor vehicle that is registered to or owned by the person for 5 days.

      2.  If a court issues an order directing the Department to suspend the registration of a motor vehicle pursuant to subsection 1, the court shall forward a copy of the order to the Department within 5 days after issuing the order. The order must include, without limitation, information concerning each motor vehicle that is registered to or owned by the person, including, without limitation, the registration number of the motor vehicle, if such information is available.

      3.  A court shall provide for limited exceptions to the provisions of subsection 1 on an individual basis to avoid undue hardship to a person other than the person to whom that provision applies. Such an exception must be provided if the court determines that:

 


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      (a) A member of the immediate family of the person whose registration is suspended needs to use the motor vehicle:

             (1) To travel to or from work or in the course and scope of his employment;

             (2) To obtain medicine, food or other necessities or to obtain health care services for himself or another member of his immediate family; or

             (3) To transport himself or another member of his immediate family to or from school; or

      (b) An alternative means of transportation is not available to a member of the immediate family of the person whose registration is suspended.

      Sec. 21.  NRS 484.3798 is hereby amended to read as follows:

      484.3798  1.  If a defendant pleads guilty to or is found guilty of any violation of NRS 484.379 or 484.3795 or section 10 of this act and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.

      Sec. 22.  NRS 484.382 is hereby amended to read as follows:

      484.382  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

 


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deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [.] or section 10 of this act.

      2.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 23.  NRS 484.383 is hereby amended to read as follows:

      484.383  1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in of his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [.] or section 10 of this act.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol in the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

 


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engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [;] or section 10 of this act; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or section 31 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or

                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795, or section 10 of this act,

Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.

      8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

      Sec. 24.  NRS 484.389 is hereby amended to read as follows:

      484.389  1.  If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was:

      (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 484.379 or 484.3795 [.] or section 10 of this act.

      2.  Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney.

      4.  Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

 


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evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication.

      Sec. 25.  NRS 484.391 is hereby amended to read as follows:

      484.391  1.  A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of this act must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine:

      (a) The concentration of alcohol in his blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

      2.  The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

      Sec. 26.  NRS 484.393 is hereby amended to read as follows:

      484.393  1.  The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of this act unless:

      (a) The blood tested was withdrawn by a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and

      (c) The person who withdrew the blood was authorized to do so by the appropriate medical licensing or certifying agency.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test.

      Sec. 27.  NRS 484.3943 is hereby amended to read as follows:

      484.3943  1.  Except as otherwise provided in subsection 5, a court:

      (a) May order a person convicted of a first violation of NRS 484.379, for a period of not less than 3 months nor more than 6 months; and

      (b) Shall order a person convicted of a third or subsequent violation of NRS 484.379 or a violation of NRS 484.3795, or section 10 of this act, for a period of not less than 12 months nor more than 36 months,

Ê to install at his own expense a device in any motor vehicle which he owns or operates as a condition to obtaining a restricted license pursuant to subsection 3 of NRS 483.490.

      2.  A court may order a person convicted of a violation of NRS 484.379 or 484.3795, or section 10 of this act, for a period determined by the court, to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.

 


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to install at his own expense a device in any motor vehicle which he owns or operates as a condition of reinstatement of his driving privilege.

      3.  If the court orders a person to install a device pursuant to subsection 1 or 2:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before he may receive a restricted license or before his driving privilege may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section shall:

      (a) If he was ordered to install a device pursuant to paragraph (a) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time during the period in which he is required to use the device; or

      (b) If he was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent at least one time each 90 days,

Ê to determine whether the device is operating properly. An inspection required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484.3888. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly and whether it has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device.

      5.  If a person is required to operate a motor vehicle in the course and scope of his employment and the motor vehicle is owned by his employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      Sec. 28.  NRS 484.791 is hereby amended to read as follows:

      484.791  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

      (a) Homicide by vehicle;

      (b) A violation of NRS 484.379;

      (c) A violation of NRS 484.3795;

      (d) A violation of section 10 of this act;

      (e) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries in violation of NRS 484.219 or 484.223;

 


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      [(e)] (f) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484.221 or 484.225;

      [(f)] (g) Reckless driving;

      [(g)] (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been cancelled, revoked or suspended; or

      [(h)] (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

      2.  Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs [(e) and] (f) and (g) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.

      Sec. 29.  NRS 484.801 is hereby amended to read as follows:

      484.801  Except for felonies and those offenses set forth in paragraphs (a) to [(d),] (e), inclusive, of subsection 1 of NRS 484.791, a peace officer at the scene of a traffic accident may issue a traffic citation, as provided in NRS 484.799, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the accident when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense pursuant to the provisions of this chapter or of chapter 482, 483, 485, 486 or 706 of NRS in connection with the accident.

      Sec. 30.  NRS 484.805 is hereby amended to read as follows:

      484.805  Whenever any person is taken into custody by a peace officer for the purpose of taking him before a magistrate or court as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in paragraphs (a) to [(d),] (e), inclusive, of subsection 1 of NRS 484.791, and no magistrate is available at the time of arrest, and there is no bail schedule established by the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person must be released from custody upon the issuance to him of a misdemeanor citation or traffic citation and his signing a promise to appear, as provided in NRS 171.1773 or 484.799, respectively.

      Sec. 31.  Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person commits homicide by vessel if he:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of 0.08 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

 


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degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410;

      (b) Proximately causes the death of a person other than himself while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

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

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

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 32.  NRS 488.405 is hereby amended to read as follows:

      488.405  As used in NRS 488.410 and 488.420, and section 31 of this act, the phrase “concentration of alcohol of 0.08 or more in his blood or breath” means 0.08 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath.

 


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      Sec. 33.  NRS 488.405 is hereby amended to read as follows:

      488.405  As used in NRS 488.410 and 488.420, and section 63 of this act, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” means 0.10 gram or more per 100 milliliters of the blood of a person or per 210 liters of his breath.

      Sec. 34.  NRS 488.420 is hereby amended to read as follows:

      488.420  1.  [A] Unless a greater penalty is provided pursuant to section 31 of this act, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.08 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 35.  NRS 488.420 is hereby amended to read as follows:

      488.420  1.  [A] Unless a greater penalty is provided pursuant to section 63 of this act, a person who:

 


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      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.10 or more in his blood or breath;

      (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 or more in his blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail; or

      (f) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.410,

Ê and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause him to have a concentration of alcohol of 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 36.  NRS 488.430 is hereby amended to read as follows:

      488.430  1.  Before sentencing a defendant pursuant to NRS 488.420, or section 31 of this act, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

 


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      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 37.  NRS 488.440 is hereby amended to read as follows:

      488.440  1.  If a defendant pleads guilty to or is found guilty of, a violation of NRS 488.410 or 488.420 or section 31 of this act and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      2.  All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      3.  The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.

      4.  Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      5.  In counties that do not receive forensic services under a contract with the State, the money credited to the fund pursuant to subsection 3:

      (a) Except as otherwise provided in paragraph (b), must be:

             (1) Expended to pay for the chemical analyses performed within the county;

             (2) Expended to purchase and maintain equipment to conduct such analyses;

             (3) Expended for the training and continuing education of the employees who conduct such analyses; and

             (4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.

      (b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by or training for employees of an analytical laboratory that is approved by the Committee on Testing for Intoxication created in NRS 484.388.

      Sec. 38.  NRS 488.450 is hereby amended to read as follows:

      488.450  1.  Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given his consent to a preliminary test of his breath to determine the concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested was:

 


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      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420 [.] or section 31 of this act.

      2.  If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

      3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

      Sec. 39.  NRS 488.460 is hereby amended to read as follows:

      488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this State shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance to determine the concentration of alcohol in his blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420 [.] or section 31 of this act.

      2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

      3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

      4.  If the concentration of alcohol of the blood or breath of the person to be tested is in issue:

      (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

      (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

      (c) A peace officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person:

             (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or as a result of engaging in any other conduct prohibited by NRS 488.410 or 488.420 [;] or section 31 of this act; or

             (2) Has been convicted within the previous 7 years of:

                   (I) A violation of NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or section 31 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or

 


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                   (II) Any other offense in this State or another jurisdiction in which death or substantial bodily harm to another person resulted from conduct prohibited by a law set forth in sub-subparagraph (I).

      5.  If the presence of a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood or urine of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

      6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

      7.  If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420, or section 31 of this act,

Ê the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance or another prohibited substance in his blood.

      Sec. 40.  NRS 488.480 is hereby amended to read as follows:

      488.480  1.  If a person refuses to submit to a required chemical test provided for in NRS 488.450 or 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was:

      (a) Operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engaging in any other conduct prohibited by NRS 488.410 or 488.420 [.] or section 31 of this act.

      2.  Except as otherwise provided in subsection 3 of NRS 488.450, a court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.450 to 488.500, inclusive.

      3.  If a person submits to a chemical test provided for in NRS 488.450 or 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

      4.  Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the Committee on Testing for Intoxication adopted pursuant to NRS 484.3884, 484.3886 or 484.3888.

      5.  If the device for testing breath has been certified by the Committee on Testing for Intoxication to be accurate and reliable pursuant to NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

      6.  A court shall take judicial notice of the certification by the Director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

 


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determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

      7.  This section does not preclude the admission of evidence of a test of a person’s breath where the:

      (a) Information is obtained through the use of a device other than one of a type certified by the Committee on Testing for Intoxication.

      (b) Test has been performed by a person other than one who is certified by the Director.

      Sec. 41.  NRS 488.490 is hereby amended to read as follows:

      488.490  1.  A person who is arrested for operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 488.410 or 488.420 or section 31 of this act must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test to determine:

      (a) The concentration of alcohol in his blood or breath; or

      (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine.

      2.  The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

      3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

      Sec. 42.  NRS 488.500 is hereby amended to read as follows:

      488.500  1.  The results of any blood test administered under the provisions of NRS 488.460 or 488.490 are not admissible in any criminal action arising out of acts alleged to have been committed by a person who was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 488.410 or 488.420 or section 31 of this act unless:

      (a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;

      (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and

      (c) The person who withdrew the blood was authorized to do so by the appropriate licensing or certifying agency.

      2.  The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.

      3.  No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.

      Sec. 43.  NRS 4.355 is hereby amended to read as follows:

      4.355  1.  A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:

 


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      (a) In any action filed pursuant to NRS 73.010;

      (b) In any action filed pursuant to NRS 33.200 to 33.360, inclusive;

      (c) In any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379 ; [and 484.3795;] or

      (d) In any action for a misdemeanor constituting a violation of a county traffic ordinance.

      2.  The referee must meet the qualifications of a justice of the peace as set forth in subsections 1 and 2 of NRS 4.010.

      3.  The referee:

      (a) Shall take testimony;

      (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

      (c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and

      (d) Has any other power or duty contained in the order of reference issued by the justice of the peace.

      4.  The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

      5.  A referee must be paid one-half of the hourly compensation of a justice of the peace.

      Sec. 44.  NRS 42.010 is hereby amended to read as follows:

      42.010  1.  In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484.379 or 484.3795 or section 10 of this act after willfully consuming or using alcohol or another substance, knowing that he would thereafter operate the motor vehicle, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.

      2.  The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.

      Sec. 45.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  If a person is charged with an offense listed in subsection 4, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,

Ê the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.

      2.  If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

 


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request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

      (a) Made at least 10 days before the date set for the trial;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

      4.  The provisions of this section apply to any of the following offenses:

      (a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

      (b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [.] or section 31 of this act.

      (d) Any other offense for which it is necessary to prove, as an element of the offense:

             (1) The existence of any alcohol;

             (2) The quantity of a controlled substance; or

             (3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

      Sec. 46.  NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379 or 484.3795 [;] or section 10 of this act;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  The evaluation of the child must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified or an alcohol and drug abuse counselor intern who is certified pursuant to chapter 641C of NRS to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  The evaluation of the child may be conducted at an evaluation center.

      4.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      5.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

 


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      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

      6.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or section 31 of this act or a law of any other jurisdiction that prohibits the same or similar conduct.

      7.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Human Resources. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      8.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      9.  A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 or section 10 of this act must be included in the driver’s record of that child for 7 years after the date of the offense.

      Sec. 47.  NRS 62E.640 is hereby amended to read as follows:

      62E.640  1.  If a child is adjudicated delinquent for an unlawful act in violation of NRS 484.379 or 484.3795, or section 10 of this act, the juvenile court shall, if the child possesses a driver’s license:

      (a) Issue an order revoking the driver’s license of the child for 90 days and requiring the child to surrender his driver’s license to the juvenile court; and

 


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      (b) Not later than 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the child.

      2.  The Department of Motor Vehicles shall order the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.

      3.  If the child is adjudicated delinquent for a subsequent unlawful act in violation of NRS 484.379 or 484.3795, or section 10 of this act, the juvenile court shall order an additional period of revocation to apply consecutively with the previous order.

      4.  The juvenile court may authorize the Department of Motor Vehicles to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section.

      Sec. 48.  NRS 179A.070 is hereby amended to read as follows:

      179A.070  1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484.379 and 484.3795, and section 10 of this act, detentions, decisions of a district attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.

      2.  “Record of criminal history” does not include:

      (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;

      (b) Information concerning juveniles;

      (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;

      (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;

      (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;

      (f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;

      (g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;

 


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      (h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses;

      (i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or

      (j) Records which originated in an agency other than an agency of criminal justice in this State.

      Sec. 49.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony 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 10 years has been served; or

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

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.465, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795 [.] or section 10 of this act.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 50.  NRS 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

      (a) Established a position of employment in the community;

      (b) Enrolled in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

 


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confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. If any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.130, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.130, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      3.  The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

      (a) Is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has ever been convicted of:

             (1) Any crime involving the use or threatened use of force or violence against the victim; or

             (2) A sexual offense;

      (e) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484.379 or 484.3795 [;] or section 10 of this act;

      (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or

      (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

      4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.

 


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      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      6.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 51.  NRS 209.425 is hereby amended to read as follows:

      209.425  1.  The Director shall, with the approval of the Board, establish a program for the treatment of an abuser of alcohol or drugs who is imprisoned pursuant to paragraph (c) of subsection 1 of NRS 484.3792 or NRS 484.3795 [.] or section 10 of this act. The program must include an initial period of intensive mental and physical rehabilitation in a facility of the Department, followed by regular sessions of education, counseling and any other necessary or desirable treatment.

      2.  The Director may, upon the request of the offender after the initial period of rehabilitation, allow the offender to earn wages under any other program established by the Department if the offender assigns to the Department any wages he earns under such a program. The Director may deduct from the wages of the offender an amount determined by the Director, with the approval of the Board, to:

      (a) Offset the costs, as reflected in the budget of the Department, to maintain the offender in a facility or institution of the Department and in the program of treatment established pursuant to this section; and

      (b) Meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.

      Sec. 52.  NRS 209.481 is hereby amended to read as follows:

      209.481  1.  The Director shall not assign any prisoner to an institution or facility of minimum security if the prisoner:

      (a) Except as otherwise provided in NRS 484.3792 and 484.3795, and section 10 of this act, is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has been convicted of a sexual offense;

      (e) Has committed an act of serious violence during the previous year; or

      (f) Has attempted to escape or has escaped from an institution of the Department.

      2.  The Director shall, by regulation, establish procedures for classifying and selecting qualified prisoners.

      Sec. 53.  NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

 


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      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795 [;] or section 10 of this act;

      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or

      6.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).

Ê The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.

      Sec. 54.  NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2 and 3, compensation must not be awarded if the victim:

      (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484.379 or the use of the vehicle was punishable pursuant to NRS 484.3795 [;] or section 10 of this act;

      (b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;

      (c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;

      (d) Was injured or killed while serving a sentence of imprisonment in a prison or jail;

      (e) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to title 5 of NRS; or

      (f) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.

      2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484.379 or is punishable pursuant to NRS 484.3795 [.] or section 10 of this act.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

      4.  The compensation officer may deny an award if he determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

 


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      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

      Sec. 55.  NRS 453A.300 is hereby amended to read as follows:

      453A.300  1.  A person who holds a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410, 488.420 , section 31 of this act or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  In addition to any other penalty provided by law, if the Department determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Department or Division to carry out the provisions of this chapter, the Department may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      Sec. 56.  NRS 458.260 is hereby amended to read as follows:

      458.260  1.  Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

      (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

      (b) Elements of an offense giving rise to a criminal penalty or civil sanction.

      2.  The provisions of subsection 1 do not apply to:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [;] or section 31 of this act; and

 


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influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [;] or section 31 of this act; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      3.  This section does not make intoxication an excuse or defense for any criminal act.

      Sec. 57.  NRS 458.270 is hereby amended to read as follows:

      458.270  1.  Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.

      2.  A peace officer may use upon such a person the kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.

      3.  If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in a licensed facility, jail or detention facility longer than 48 hours.

      4.  An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

      5.  The placement of a person found under the influence of alcohol in civil protective custody must be:

      (a) Recorded at the facility, jail or detention facility to which he is delivered; and

      (b) Communicated at the earliest practical time to his family or next of kin if they can be located.

      6.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      7.  The provisions of this section do not apply to a person who is apprehended or arrested for:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [;] or section 31 of this act; and

 


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this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [;] or section 31 of this act; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      Sec. 58.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:

      1.  The crime is a crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS or the crime is an act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The crime is that of trafficking of a controlled substance;

      3.  The crime is a violation of NRS 484.379 or 484.3795 [;] or section 10 of this act;

      4.  The alcoholic or drug addict has a record of two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of three or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.

      Sec. 59.  NRS 629.065 is hereby amended to read as follows:

      629.065  1.  Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:

      (a) The patient is suspected of having violated NRS 484.379, 484.3795, or section 10 of this act, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 [;] or section 31 of this act; and

      (b) The records would aid in the related investigation.

Ê To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.

      2.  The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.

      3.  Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.

      4.  A provider of health care and his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.

 


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      5.  As used in this section, “prohibited substance” has the meaning ascribed to it in NRS 484.1245.

      Sec. 60.  NRS 690B.029 is hereby amended to read as follows:

      690B.029  1.  A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this State to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:

      (a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the Department of Motor Vehicles; and

      (b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:

             (1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;

             (2) Maintains a driving record free of violations; and

             (3) Has not been convicted of or entered a plea of guilty or nolo contendere to a moving traffic violation or an offense involving:

                   (I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

                   (II) Any other conduct prohibited by NRS 484.379 or 484.3795 or section 10 of this act or a law of any other jurisdiction that prohibits the same or similar conduct.

      2.  The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

      3.  A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.

      4.  The organization that offers a course of traffic safety approved by the Department of Motor Vehicles shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.

      5.  The Commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the Commissioner before delivering or issuing a policy with a provision containing such a reduction.

      Sec. 61.  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 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:

 


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             (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 relating to the practice of taxicab drivers in this State or any other jurisdiction at any time 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 [.] ; or

      (d) A violation of section 10 of this act or a law of any other jurisdiction that prohibits the same or similar conduct.

      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, $40 for an original driver’s permit and $10 for a renewal.

      Sec. 62.  Section 10 of this act is hereby amended to read as follows:

      Sec. 10.  1.  A person commits vehicular homicide if he:

      (a) Drives or is in actual physical control of a vehicle on or off the highways of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of [0.08] 0.10 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of [0.08] 0.10 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle; or

             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379;

      (b) Proximately causes the death of a person other than himself while driving or in actual physical control of a vehicle on or off the highways of this State; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits vehicular homicide is guilty of a category A felony and shall be punished by imprisonment in the state prison:

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

 


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

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of vehicular homicide in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of [0.08] 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 484.379 or 484.3795;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 484.379 or 484.3795; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 63.  Section 31 of this act is hereby amended to read as follows:

      Sec. 31.  1.  A person commits homicide by vessel if he:

      (a) Operates or is in actual physical control of a vessel under power or sail on the waters of this State and:

             (1) Is under the influence of intoxicating liquor;

             (2) Has a concentration of alcohol of [0.08] 0.10 or more in his blood or breath;

             (3) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of [0.08] 0.10 or more in his blood or breath;

             (4) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

             (5) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail; or

 


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             (6) Has a prohibited substance in his blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 488.420;

      (b) Proximately causes the death of a person other than himself while operating or in actual physical control of a vessel under power or sail; and

      (c) Has previously been convicted of at least three offenses.

      2.  A person who commits homicide by vessel is guilty of a category A felony and shall be punished by imprisonment in the state prison:

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

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

      3.  A person imprisoned pursuant to subsection 2 must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      4.  A prosecuting attorney shall not dismiss a charge of homicide by vessel in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 2 may not be suspended nor may probation be granted.

      5.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under subparagraph (3) of paragraph (a) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood or breath was tested, to cause him to have a concentration of alcohol of [0.08] 0.10 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      6.  If the defendant was transporting a person who is less than 15 years of age in the vessel at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      7.  As used in this section, “offense” means:

      (a) A violation of NRS 488.410 or 488.420;

      (b) A homicide resulting from operating or being in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by this section or NRS 488.410 or 488.420; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 64.  1.  This section and sections 1 to 4, inclusive, 6 to 16, inclusive, 18 to 32, inclusive, 34 and 36 to 61, inclusive, of this act become effective on October 1, 2005.

      2.  Sections 4, 10, 16, 31, 32 and 34 of this act expire by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

 


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concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

      3.  Sections 5, 17, 33, 35, 62 and 63 of this act become effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.

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CHAPTER 64, AB 474

Assembly Bill No. 474–Committee on Judiciary

 

CHAPTER 64

 

AN ACT relating to sporting events; expanding the sports officials to whom immunity from civil liability is provided for certain acts or omissions while officiating a sporting event; providing enhanced penalties in certain circumstances for committing assault or battery against certain sports officials at sporting events; extending the time for payment of certain license fees to the Nevada Athletic Commission; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.630 is hereby amended to read as follows:

      41.630  1.  A sports official who officiates a sporting event at any level of competition in this State is not liable for any civil damages as a result of any unintended act or omission, not amounting to gross negligence, by him in the execution of his officiating duties within the facility [where] in which the sporting event takes place.

      2.  As used in this section:

      (a) “Inspector” means an inspector of the Nevada Athletic Commission.

      (b) “Sporting event” means any contest, game or other event involving the athletic or physical skills of amateur or professional athletes.

      [(b)] (c) “Sports official” means any person who serves as a referee, umpire, linesman , timekeeper, inspector, judge or in a similar capacity, whether paid or unpaid.

      Sec. 2.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

 


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             (4) A jailer, guard, matron or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic physician’s assistant, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(f)] (h) “Taxicab driver” means a person who operates a taxicab.

      [(g)] (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) of this subsection does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) of this subsection does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event, and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator [,] or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty [,] or upon a sports official based on the performance of his duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator [,] or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

 


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at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator [,] or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 3.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (d) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

      (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(g)] (i) “Taxicab driver” means a person who operates a taxicab.

      [(h)] (j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed [upon an officer, provider of health care, school employee, taxicab driver or transit operator and:

             (1) The] :

 


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             (1) Upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his duty [;] or upon a sports official based on the performance of his duties at a sporting event;

             (2) The officer, provider of health care, school employee, taxicab driver , [or] transit operator or sports official suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver , [or] transit operator [,] or sports official,

Ê for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver , [or] transit operator [,] or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

      Sec. 4.  NRS 467.104 is hereby amended to read as follows:

      467.104  1.  Any person who charges and receives an admission fee for exhibiting any live contest or exhibition of unarmed combat on a closed-circuit telecast, or motion picture, shall, within 10 days after the event, furnish to the Commission a verified written report on a form which is supplied by the Commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.

 


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      2.  That person shall also, [at the same time,] not later than 20 days after the exhibition, pay to the Commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at the exhibition. The license fee applies uniformly at the same rate to all persons subject to it. The license fee must be based on the face value of all tickets sold and complimentary tickets issued.

      Sec. 5.  NRS 467.109 is hereby amended to read as follows:

      467.109  1.  Every promoter shall, within 10 days after the completion of any contest, match or exhibition for which an admission fee is charged and received, furnish to the Commission a verified written report showing:

      (a) The number of tickets sold and issued or sold or issued for the contest, match or exhibition;

      (b) The amount of the:

             (1) Gross receipts from admission fees; and

             (2) Gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture and television rights of such contest, match or exhibition,

Ê without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants’ purses or any other expenses or charges; and

      (c) Such other matters as the Commission may prescribe.

      2.  The promoter shall [at the same time] , not later than 20 days after the contest, match or exhibition, pay to the Commission the license fee described in NRS 467.107.

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CHAPTER 65, AB 276

Assembly Bill No. 276–Assemblymen Smith, Giunchigliani, Denis, McClain, Hogan, Koivisto and Weber (by request)

 

CHAPTER 65

 

AN ACT relating to pharmacists; requiring a registered pharmacist, upon request by a patient, to transfer a prescription for the patient to another registered pharmacist; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon the request of a patient, a registered pharmacist shall transfer a prescription for the patient to another registered pharmacist.

      2.  A registered pharmacist who transfers a prescription pursuant to subsection 1 shall comply with any applicable regulations adopted by the Board relating to the transfer.

      3.  The provisions of this section do not authorize or require a pharmacist to transfer a prescription in violation of:

      (a) Any law or regulation of this State;

      (b) Federal law or regulation; or

 


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      (c) A contract for payment by a third party if the patient is a party to that contract.

      Sec. 2.  NRS 639.2353 is hereby amended to read as follows:

      639.2353  Except as otherwise provided in a regulation adopted pursuant to NRS 453.385 [:] or section 1 of this act:

      1.  A prescription must be given:

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner;

      (c) By an oral order transmitted by an agent of the practitioner; or

      (d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the Board.

      2.  A written prescription must contain:

      (a) Except as otherwise provided in this section, the name and signature of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) The name of the patient, and his address if not immediately available to the pharmacist;

      (d) The name, strength and quantity of the drug [or drugs] prescribed;

      (e) Directions for use; and

      (f) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

      6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

      (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or

      (b) A voice recognition system, biometric identification technique or other security system approved by the Board is used to identify the practitioner.

      Sec. 3.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. [A] Except as otherwise provided in section 1 of this act, a pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

      (c) A practitioner who is then treating the patient;

 


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      (d) A member, inspector or investigator of the Board or an inspector of the Food and Drug Administration or an agent of the Investigation Division of the Department of Public Safety;

      (e) An agency of state government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information;

      (g) Any person authorized by an order of a district court;

      (h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy;

      (i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:

             (1) Misusing prescriptions to obtain excessive amounts of drugs; or

             (2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person; or

      (j) A peace officer employed by a local government for the limited purpose of and to the extent necessary:

             (1) For the investigation of an alleged crime reported by an employee of the pharmacy where the crime was committed; or

             (2) To carry out a search warrant or subpoena issued pursuant to a court order.

      2.  [Any] Except as otherwise provided in section 1 of this act, any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face “Copy, Not Refillable—For Reference Purposes Only.” The copy must bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      4.  [If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.

      5.]  As used in this section, “peace officer” does not include:

      (a) A member of the Police Department of the University and Community College System of Nevada.

      (b) A school police officer who is appointed or employed pursuant to NRS 391.100.

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

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ê2005 Statutes of Nevada, Page 183ê

 

CHAPTER 66, AB 167

Assembly Bill No. 167–Assemblymen Hardy, Hettrick, McCleary, Denis, Parks, Arberry Jr., Buckley, Christensen, Claborn, Gansert, Giunchigliani, Holcomb, Leslie, Manendo, Seale and Sibley

 

Joint Sponsors: Senators Coffin, Beers, Hardy and McGinness

 

CHAPTER 66

 

AN ACT relating to municipal obligations; authorizing the acquisition by a county or the State of Nevada of municipal securities issued by certain wastewater authorities; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Wastewater authority” means an entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include sanitation and sewerage, the treatment and disposal of wastewater, or the development and reclamation of water resources.

      Sec. 2.  NRS 244A.013 is hereby amended to read as follows:

      244A.013  Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and section 1 of this act govern the construction hereof.

      Sec. 3.  NRS 244A.034 is hereby amended to read as follows:

      244A.034  “Infrastructure project” means:

      1.  A capital improvement for fire protection, a library, a building, a park or police protection that a municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law; or

      2.  For a water authority , wastewater authority or any municipality whose governing body is composed of only the members of the board, a capital improvement for a water system , water reclamation system or [a] sanitary sewer that the municipality is authorized to improve, acquire or equip pursuant to a law other than the County Bond Law.

      Sec. 4.  NRS 244A.0345 is hereby amended to read as follows:

      244A.0345  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds issued by a municipality pursuant to a law other than the County Bond Law which are:

      1.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality issued for a capital improvement of a library or park;

      2.  General obligations payable from ad valorem taxes that are approved by the voters of the municipality or are approved pursuant to subsection 3 of NRS 350.020 issued for a capital improvement of an infrastructure project other than a library or park; [or]

      3.  Revenue obligations of a water authority that are payable from revenues of:

      (a) The water system of the water authority;

 


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      (b) One or more of the municipalities that are members of the water authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b) [.] ; or

      4.  Revenue obligations of a wastewater authority that are payable from revenues of:

      (a) The water reclamation system of the wastewater authority;

      (b) One or more of the municipalities that are members of the wastewater authority; or

      (c) Any combination of the entities described in paragraphs (a) and (b).

      Sec. 5.  NRS 244A.0347 is hereby amended to read as follows:

      244A.0347  “Municipality” means any city, town, school district, library district, consolidated library district, fire protection district, district for a fire department, park district, general improvement district organized pursuant to chapter 318 of NRS, wastewater authority, water district organized pursuant to a special act or water authority organized as a political subdivision created by cooperative agreement.

      Sec. 6.  Chapter 350A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Wastewater authority” means an entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include sanitation and sewerage, the treatment and disposal of wastewater, or the development and reclamation of water resources.

      Sec. 7.  NRS 350A.020 is hereby amended to read as follows:

      350A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 350A.025 to 350A.120, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 350A.070 is hereby amended to read as follows:

      350A.070  “Municipal securities” means notes, warrants, interim debentures, bonds and temporary bonds validly issued as obligations for a purpose related to natural resources which are payable:

      1.  From taxes whether or not additionally secured by any municipal revenues available therefor;

      2.  For bonds issued by an irrigation district, from assessments against real property; [or]

      3.  For bonds issued by a water authority organized as a political subdivision created by cooperative agreement, from revenues of the water system of the water authority or one or more of the water purveyors who are members of the water authority or any combination thereof [.] ; or

      4.  For bonds issued by a wastewater authority, from revenues of the water reclamation system of the wastewater authority or one or more of the municipalities that are members of the wastewater authority, or any combination thereof.

      Sec. 9.  NRS 350A.080 is hereby amended to read as follows:

      350A.080  “Municipality” means any county, city, town, wastewater authority, water authority organized as a political subdivision created by cooperative agreement, school district, general improvement district or other district, including an irrigation district.

      Sec. 10.  This act becomes effective on July 1, 2005.

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ê2005 Statutes of Nevada, Page 185ê

 

CHAPTER 67, AB 187

Assembly Bill No. 187–Committee on Government Affairs

 

CHAPTER 67

 

AN ACT relating to land use planning; authorizing the governing body of a local government to revise the procedure for the adoption of certain minor amendments to the applicable master plan; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A governing body may establish by ordinance a procedure by which the governing body may adopt minor amendments to the master plan, or any part thereof, without action by the planning commission.

      2.  Before adopting an ordinance or a minor amendment pursuant to subsection 1, the governing body shall hold a public hearing and give notice of the hearing in the manner required by subsection 3 of NRS 278.220.

      3.  As used in this section, unless the context otherwise requires, “minor amendment” means:

      (a) A change in a boundary that is based on a geographical feature, including, without limitation, topography, slopes, hydrographic features, wetland delineation and floodplains, when evidence is produced that the mapped location of the geographical feature is in error;

      (b) A change made to reflect the alteration of the name of a jurisdiction, agency, department or district by the governing body, governing board or other governing authority of the jurisdiction, agency, department or district, as applicable, or by another entity authorized by law to make such an alteration; and

      (c) An update of statistical information that is based on a new or revised study.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 278.210 is hereby amended to read as follows:

      278.210  1.  Before adopting the master plan or any part of it in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

      2.  [The] Except as otherwise provided in section 1 of this act, the adoption of the master plan, or of any amendment, extension or addition thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission.

 


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votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

      3.  [No] Except as otherwise provided in subsection 1 of this act, no plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension or addition.

      4.  Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to [a] :

      (a) A change in the land use designated for a particular area if the change does not affect more than 25 percent of the area [.] ; or

      (b) A minor amendment adopted pursuant to section 1 of this act.

      5.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

      6.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

      Sec. 4.  NRS 278.220 is hereby amended to read as follows:

      278.220  Except as otherwise provided in section 1 of this act and subsection 4 of NRS 278.150:

      1.  Upon receipt of a certified copy of the master plan, or of any part thereof, as adopted by the planning commission, the governing body may adopt such parts thereof as may practicably be applied to the development of the city, county or region for a reasonable period of time next ensuing.

      2.  The parts must thereupon be endorsed and certified as master plans thus adopted for the territory covered, and are hereby declared to be established to conserve and promote the public health, safety and general welfare.

      3.  Before adopting any plan or part thereof, the governing body shall hold at least one public hearing thereon, notice of the time and place of which must be published at least once in a newspaper of general circulation in the city or counties at least 10 days before the day of hearing.

      4.  No change in or addition to the master plan or any part thereof, as adopted by the planning commission, may be made by the governing body in adopting the same until the proposed change or addition has been referred to the planning commission for a report thereon and an attested copy of the report has been filed with the governing body. Failure of the planning commission so to report within 40 days, or such longer period as may be designated by the governing body, after such reference shall be deemed to be approval of the proposed change or addition.

 


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designated by the governing body, after such reference shall be deemed to be approval of the proposed change or addition.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 

CHAPTER 68, AB 91

Assembly Bill No. 91–Assemblymen Anderson, Parks, Atkinson, Claborn, Conklin, Denis, Gerhardt, Hettrick, Hogan, Holcomb, Horne, Koivisto, Marvel, Oceguera, Ohrenschall, Pierce, Sibley and Weber (by request)

 

CHAPTER 68

 

AN ACT relating to court reporters; increasing the compensation for a court reporter in district court; requiring each court reporting firm to appoint a person who meets certain qualifications as the designated representative of the court reporting firm; revising the fees relating to the issuance or renewal of a certificate of registration as court reporter; revising the fees relating to the issuance or renewal of a license to own a court reporting firm; revising the provisions relating to the discipline of a certified court reporter; revising the provisions relating to the temporary practice of court reporting; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 3.370 is hereby amended to read as follows:

      3.370  1.  Except as otherwise provided in subsection 3, for his services the official reporter or reporter pro tempore is entitled to the following [fees:] compensation:

      (a) For being available to report civil and criminal testimony and proceedings when the court is sitting during traditional business hours on any day except Saturday or Sunday, [$150] $170 per day, to be paid by the county as provided in subsection 4.

      (b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Saturday or Sunday:

             (1) If the reporter has been available to report for at least 4 hours, $35 per hour for each hour of availability; or

             (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),

Ê to be paid by the county as provided in subsection 4.

      (c) For transcription:

             (1) Except as otherwise provided in subparagraph (2), for the original draft and any copy to be delivered:

                   (I) Within 24 hours after it is requested, [$7.10] $7.50 per page for the original draft and one copy, and [$1.10] $2.00 per page for each additional copy;

                   (II) Within 48 hours after it is requested, [$5.32] $5.62 per page for the original draft and one copy, and [83 cents] $1.50 per page for each additional copy;

 


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                   (III) Within 4 days after it is requested, [$4.43] $4.68 per page for the original draft and one copy, and [69 cents] $1.25 per page for each additional copy; or

                   (IV) More than 4 days after it is requested, $3.55 per page for the original draft and one copy, and 55 cents per page for each additional copy.

             (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, for the original draft and any copy to be delivered:

                   (I) Within 24 hours after it is requested, $5.50 per page and $1.10 per page for each additional copy;

                   (II) Within 48 hours after it is requested, $4.13 per page and 83 cents per page for each additional copy;

                   (III) Within 4 days after it is requested, $3.44 per page and 69 cents per page for each additional copy; or

                   (IV) More than 4 days after it is requested, $2.75 per page and 55 cents per page for each additional copy.

             (3) For any party other than the party ordering the original draft, for the copy of the draft to be delivered:

                   (I) Within 24 hours after it is requested, $1.10 per page;

                   (II) Within 48 hours after it is requested, 83 cents per page;

                   (III) Within 4 days after it is requested, 69 cents per page; or

                   (IV) More than 4 days after it is requested, 55 cents per page.

      (d) For reporting all civil matters, in addition to the [fees] compensation provided in paragraphs (a) and (b), [$20] $30 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 5.

      (e) For providing an instantaneous translation of testimony into English which appears on a computer that is located at a table in the courtroom where the attorney who requested the translation is seated:

             (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests such a translation, in addition to the [fees] compensation provided pursuant to paragraphs (a) and (b), $140 for the first day and $90 per day for each subsequent day from the party who makes the request. This additional [fee] compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the translation service to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

             (2) In all civil matters in which a party requests such a translation, in addition to the [fees] compensation provided pursuant to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

      (f) For providing a diskette containing testimony prepared from a translation provided pursuant to paragraph (e):

             (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the [fees] compensation provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of the translation contained on the diskette from the party who makes the request. This additional [fee] compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

 


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             (2) In all civil matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the [fees] compensation provided pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the translation contained on the diskette, to be paid by the party who requests the diskette.

      2.  For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.

      3.  If the court determines that the services of more than one reporter are [required by the court] necessary to deliver transcripts on a daily basis in a criminal proceeding, each reporter is entitled to receive:

      (a) The [fees] compensation set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and

      (b) [A fee of $5.33] Compensation of $7.50 per page for the original draft and one copy, and [83 cents] $2 per page for each additional copy for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.

      4.  The [fees] compensation specified in paragraphs (a) and (b) of subsection 1, the [fees] compensation for transcripts in criminal cases ordered by the court to be made, the [fees] compensation for transcripts in civil cases ordered by the court pursuant to NRS 12.015, the [fees] compensation for transcripts for parents or guardians or attorneys of parents or guardians who receive transcripts pursuant to NRS 432B.459, the [fees] compensation in criminal cases that [are] is ordered by the court pursuant to subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and the [fees] compensation specified in subsection 3 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.

      5.  Except as otherwise provided in subsection 4, in civil cases, the [fees] compensation prescribed in paragraph (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the [whole fee.] entire compensation. In either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case.

 


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whom costs are awarded must be taxed as costs in the case. The [fees] compensation for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his [fees have] compensation has been paid to him or deposited with the clerk of the court.

      6.  Where a transcript is ordered by the court or by any party, the [fees] compensation for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.

      7.  The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.

      Sec. 1.3.  NRS 4.410 is hereby amended to read as follows:

      4.410  1.  If the person designated to transcribe the proceedings is:

      (a) Regularly employed as a public employee, he is not entitled to additional compensation for preparing the transcript.

      (b) Not regularly employed as a public employee and not a certified court reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.

      (c) A certified court reporter, he is entitled to the same [fees] compensation as set forth in NRS 3.370.

      2.  The [fees] compensation for transcripts and copies must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the [fees have] compensation has been deposited with the deputy clerk of the court.

      Sec. 1.7.  NRS 18.005 is hereby amended to read as follows:

      18.005  For the purposes of NRS 18.010 to 18.150, inclusive, the term “costs” means:

      1.  Clerks’ fees.

      2.  Reporters’ fees for depositions, including a reporter’s fee for one copy of each deposition.

      3.  Jurors’ fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.

      4.  Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.

      5.  Reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee after determining that the circumstances surrounding the expert’s testimony were of such necessity as to require the larger fee.

      6.  Reasonable fees of necessary interpreters.

      7.  The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the court determines that the service was not necessary.

      8.  [The fees of] Compensation for the official reporter or reporter pro tempore.

      9.  Reasonable costs for any bond or undertaking required as part of the action.

      10.  Fees of a court bailiff who was required to work overtime.

      11.  Reasonable costs for telecopies.

      12.  Reasonable costs for photocopies.

      13.  Reasonable costs for long distance telephone calls.

      14.  Reasonable costs for postage.

 


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      15.  Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.

      16.  Fees charged pursuant to NRS 19.0335.

      17.  Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.

      Sec. 2.  Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each court reporting firm shall appoint one person affiliated with the court reporting firm to act as the designated representative for the firm. The person so appointed must:

      (a) Hold a certificate; or

      (b) Pass an examination administered by the Board pursuant to subsection 2.

      2.  The Board shall administer an examination to determine whether a designated representative of a court reporting firm understands:

      (a) The ethics and professionalism required for the practice of court reporting; and

      (b) The obligations owed by a court reporter to the parties in any reported proceedings and the obligations created by the provisions of this chapter and any regulation adopted thereto.

      3.  The Board may adopt regulations to carry out the provisions of this section and to establish additional subject areas to be included in the examination administered by the Board pursuant to this section.

      Sec. 3.  NRS 656.030 is hereby amended to read as follows:

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

      1.  “Board” means the Certified Court Reporters’ Board of Nevada.

      2.  “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

      3.  “Court reporter” means a person who is technically qualified and registered under this chapter to practice court reporting.

      4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters.

      5.  “Designated representative of a court reporting firm” means the person designated to act as the representative of a court reporting firm pursuant to section 2 of this act.

      6.  “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

      [6.] 7.  “Licensee” means a person to whom a license has been issued.

      8.  “Practice of court reporting” means reporting by the use of any system of manual or mechanical shorthand writing:

      (a) Grand jury proceedings;

      (b) Court proceedings;

      (c) Pretrial examinations, depositions, motions and related proceedings of like character; or

      (d) Proceedings of an administrative agency if the final decision of the agency with reference thereto is subject to judicial review.

      [7.] 9.  “Stenographic notes” means the original manually or mechanically produced notes in shorthand or shorthand writing taken by a court reporter while in attendance at a proceeding to report the proceeding.

 


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      Sec. 4.  NRS 656.160 is hereby amended to read as follows:

      656.160  1.  Every person who files an application for an original certificate must personally appear before the Board for [a written] an examination and the answering of such questions as may be prepared by the Board to enable it to determine the trustworthiness of the applicant and his competency to engage in the practice of court reporting in such a manner as to safeguard the interests of the public.

      2.  In determining competency, the Board shall administer [a written] an examination to determine whether the applicant has:

      (a) A good understanding of the English language, including reading, spelling, vocabulary, and medical and legal terminology;

      (b) Sufficient ability to report accurately any of the matters comprising the practice of court reporting consisting of material read at not less than 180 words per minute or more than 225 words per minute; and

      (c) A clear understanding of the obligations owed by a court reporter to the parties in any reported proceedings and the obligations created by the provisions of this chapter and any regulation adopted pursuant to this chapter.

      Sec. 5.  NRS 656.180 is hereby amended to read as follows:

      656.180  An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if he:

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States;

      2.  Is at least 18 years of age;

      3.  Is of good moral character;

      4.  Has a high school education or its equivalent;

      5.  Submits the statement required pursuant to NRS 656.155;

      6.  Satisfactorily passes an examination administered by the Board [;] pursuant to NRS 656.160; and

      7.  Pays the requisite fees.

      Sec. 6.  NRS 656.180 is hereby amended to read as follows:

      656.180  An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if he:

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States;

      2.  Is at least 18 years of age;

      3.  Is of good moral character;

      4.  Has a high school education or its equivalent;

      5.  Satisfactorily passes an examination administered by the Board [;] pursuant to NRS 656.160; and

      6.  Pays the requisite fees.

      Sec. 7.  NRS 656.185 is hereby amended to read as follows:

      656.185  1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which may indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the Board.

      2.  Each applicant for a license as a court reporting firm must file an application with the Executive Secretary of the Board on a form prescribed by the Board.

      3.  The application must:

      (a) Include the social security number and federal identification number of the applicant;

 


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      (b) Include the name of the person who will act as the designated representative of the court reporting firm and such other identifying information about that person as required by the Board;

      (c) Be accompanied by the statement required pursuant to NRS 656.155; and

      [(c)] (d) Be accompanied by the required fee.

      4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

      Sec. 8.  NRS 656.185 is hereby amended to read as follows:

      656.185  1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which may indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the Board.

      2.  Each applicant for a license as a court reporting firm must file an application with the Executive Secretary of the Board on a form prescribed by the Board.

      3.  The application must:

      (a) Include the federal identification number of the applicant; [and]

      (b) Include the name of the person who will be appointed as the designated representative of the court reporting firm and such other identifying information about that person as required by the Board; and

      (c) Be accompanied by the required fee.

      4.  To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

      Sec. 9.  NRS 656.187 is hereby amended to read as follows:

      656.187  1.  A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the Board:

      (a) An application for renewal on a form prescribed by the Board;

      (b) The statement required pursuant to NRS 656.155; [and]

      (c) If the designated representative of a court reporting firm does not hold a certificate, evidence that the designated representative of the court reporting firm has completed the requirements for continuing education established by the Board; and

      (d) The required fee for renewal.

      2.  The Board shall adopt regulations requiring a designated representative of a court reporting firm who does not hold a certificate to participate in continuing education or training as a condition to the renewal or restoration of a license of a licensee. If a designated representative of a court reporting firm fails to comply with such requirements, the Board may suspend or revoke the license of the licensee.

      3.  A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the required fee for reinstatement.

      Sec. 10.  NRS 656.187 is hereby amended to read as follows:

      656.187  1.  A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the Board:

      (a) An application for renewal on a form prescribed by the Board; [and]

      (b) If the designated representative of a court reporting firm does not hold a certificate, evidence that the designated representative of the court reporting firm has completed the requirements for continuing education established by the Board; and

 


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reporting firm has completed the requirements for continuing education established by the Board; and

      (c) The required fee for renewal.

      2.  The Board shall adopt regulations requiring a designated representative of a court reporting firm who does not hold a certificate to participate in continuing education or training as a condition to the renewal or restoration of a license of a licensee. If a designated representative of a court reporting firm fails to comply with such requirements, the Board may suspend or revoke the license of the licensee.

      3.  A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

      (a) Complies with the provisions of subsection 1; and

      (b) Submits to the Board the required fee for reinstatement.

      Sec. 11.  NRS 656.220 is hereby amended to read as follows:

      656.220  1.  The fees required by this chapter are fixed by the following schedule:

      (a) The fee for filing an application for an examination must be fixed by the Board annually at not more than $250 and not less than $90.

      (b) The fee for the original issuance of a certificate must be fixed by the Board annually at not more than [$150] $250 and not less than [$100.] $150.

      (c) For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The Board may by regulation provide for the waiver or refund of the initial certificate fee if the certificate is issued less than 45 days before the date on which it will expire.

      (d) The annual renewal fee for a certificate must be fixed by the Board annually at not more than [$150] $250 and not less than [$100.] $150. Every holder of a certificate desiring renewal must pay the annual renewal fee to the board on or before May 15 of each year.

      (e) For the renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee that must be fixed by the Board annually at not more than [$75] $125 and not less than [$50.] $75.

      (f) The fee for the original issuance of a license as a court reporting firm is [$150.] $250.

      (g) The fee for the annual renewal of a license as a court reporting firm is [$150.] $175.

      (h) The fee for the reinstatement of a license as a court reporting firm is [$150.] $175.

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for any other service it provides. The fee must not exceed the cost incurred by the Board to provide the service.

      Sec. 12.  NRS 656.250 is hereby amended to read as follows:

      656.250  The Board may refuse to issue or renew or may suspend or revoke any certificate if the court reporter in performing or attempting to perform or pretending to perform any act as a court reporter has:

      1.  Willfully failed to take full and accurate stenographic notes of any proceedings;

      2.  Willfully altered any stenographic notes taken at any proceedings;

 


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      3.  Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;

      4.  Willfully altered a transcript of stenographic notes taken at any proceedings;

      5.  Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by him or was prepared under his immediate supervision;

      6.  Demonstrated unworthiness or incompetency to act as a court reporter in such a manner as to safeguard the interests of the public;

      7.  Professionally associated with or loaned his name to another for the illegal practice by another of court reporting, or professionally associated with any natural person, firm, copartnership or corporation holding itself out in any manner contrary to the provisions of this chapter;

      8.  Habitually been intemperate in the use of intoxicating liquor or controlled substances;

      9.  Except as otherwise provided in subsection 10, willfully violated any of the provisions of this chapter or the regulations adopted by the Board to enforce this chapter;

      10.  Violated any regulation adopted by the Board relating to [unprofessional] :

      (a) Unprofessional conduct;

      (b) Agreements for the provision of ongoing services as a court reporter or ongoing services which relate to the practice of court reporting;

      (c) The avoidance of a conflict of interest; or

      (d) The performance of the practice of court reporting in a uniform, fair and impartial manner and avoiding the appearance of impropriety.

      11.  Failed within a reasonable time to provide information requested by the Board as the result of a formal or informal complaint to the Board, which would indicate a violation of this chapter; or

      12.  Failed without excuse to transcribe stenographic notes of a proceeding and file a transcript of the stenographic notes:

      (a) Within the time required by law or agreed to by contract; or

      (b) Within any other reasonable time required for filing the transcript.

      Sec. 13.  NRS 656.260 is hereby amended to read as follows:

      656.260  1.  A holder of a license or certificate shall notify the Chairman or Executive Secretary of the Board in writing within 30 days after changing his name or address.

      2.  [If a court reporting firm is a partnership or corporation, any change of partners] Any change of ownership or corporate officers of a court reporting firm or of the designated representative of the court reporting firm must be reported to the Chairman or Executive Secretary within 30 days after the change.

      3.  The Board may suspend or revoke a license or certificate if the holder thereof fails so to notify the Board.

      Sec. 13.5.  NRS 656.290 is hereby amended to read as follows:

      656.290  1.  The Board may subpoena and bring before it any person in this State and take testimony orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this State.

      2.  Any district court, upon the application of the accused or complainant or of the Board may, by order, require the attendance of witnesses and the production of relevant books and papers before the Board in any hearing relative to the application for or refusal, recall, suspension or revocation of a license or certificate, and the court may compel obedience to its order by proceedings for contempt.

 


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in any hearing relative to the application for or refusal, recall, suspension or revocation of a license or certificate, and the court may compel obedience to its order by proceedings for contempt.

      3.  The Board shall provide a court reporter to transcribe the testimony and preserve a record of all proceedings at the hearing of any case wherein a license or certificate is revoked or suspended. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board and its orders constitute the record of the proceedings. The Board shall furnish a transcript of the record to any person interested in the hearing upon payment therefor of the statutory [fees] compensation for transcription as provided in NRS 3.370.

      4.  At any time after the suspension or revocation of any license or certificate, the Board may restore it to the accused without examination upon unanimous vote by the Board.

      Sec. 14.  NRS 656.340 is hereby amended to read as follows:

      656.340  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for any person to practice court reporting or advertise or put out any sign or card or other device which might indicate to the public that he is entitled to practice as a court reporter without a certificate of registration as a certified court reporter issued by the Board.

      2.  Any person may, with the approval of the Board, practice court reporting on a temporary basis [with reference to any single proceeding] when there is an acknowledged unavailability of a certified court reporter. A person requesting the approval of the Board to practice court reporting on a temporary basis shall submit to the Board:

      (a) Documentation or other proof that the person has at least one continuous year of experience working full time in the practice of court reporting; and

      (b) A copy of:

             (1) The certification as a registered professional reporter issued to the person by the National Court Reporters Association;

             (2) The certification as a registered merit reporter issued to the person by the National Court Reporters Association; or

             (3) A valid certificate or license to practice court reporting issued to the person by another state.

      Sec. 15.  Any person to whom a license to conduct business as a court reporting firm has been issued before January 1, 2006, shall appoint a designated representative of the court reporting firm as required pursuant to section 2 of this act and inform the Board of the person so designated by not later than January 1, 2006.

      Sec. 16.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 17.  1.  This section and section 15 of this act become effective upon passage and approval.

      2.  Sections 2, 3, 7, 9 and 13 of this act become effective:

      (a) Upon passage and approval for purpose of adopting regulations and administering examinations; and

      (b) On January 1, 2006, for all other purposes.

      3.  Sections 1, 1.3, 1.7, 4, 5, 11, 12, 13.5, 14 and 16 of this act become effective on October 1, 2005.

 


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ê2005 Statutes of Nevada, Page 197 (Chapter 68, AB 91)ê

 

      4.  Sections 5, 7 and 9 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Sections 6, 8 and 10 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

CHAPTER 69, SB 177

Senate Bill No. 177–Committee on Judiciary

 

CHAPTER 69

 

AN ACT relating to courts; providing that a client of a legal aid program which provides services to indigent persons may be allowed to proceed as an indigent litigant without submitting further proof of indigency to the court; increasing the maximum amount of certain fees that certain boards of county commissioners may impose for the filing of certain actions in district courts and justices’ courts; providing that certain fees charged in connection with a civil action in a district court may be used to support programs for alternative methods of resolving disputes; and providing other matters properly relating thereto.

 

[Approved: May 9, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 12.015 is hereby amended to read as follows:

      12.015  1.  Any person who desires to prosecute or defend a civil action may [file] :

      (a) File an affidavit with the court setting forth with particularity facts concerning his income, property and other resources which establish that he is unable to prosecute or defend the action because he is unable to pay the costs of so doing [.] ; or

      (b) Submit a statement or otherwise indicate to the court that he is a client of a program for legal aid.

 


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ê2005 Statutes of Nevada, Page 198 (Chapter 69, SB 177)ê

 

      2.  If the [judge] court is satisfied that [the] a person who files an affidavit pursuant to subsection 1 is unable to pay the costs [, he] of prosecuting or defending the action or if the court finds that a person is a client of a program for legal aid, the court shall order:

      (a) The clerk of the court:

             (1) To allow the person to commence or defend the action without costs; and

             (2) To file or issue any necessary writ, process, pleading or paper without charge.

      (b) The sheriff or other appropriate public officer within this State to make personal service of any necessary writ, process, pleading or paper without charge.

      [2.] 3.  If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.

      [3.] 4.  If the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and those costs must then be paid as provided by law.

      [4.] 5.  Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon.

      [5.] 6.  An affidavit filed pursuant to this section, and any application or request for an order filed with the affidavit, does not constitute a general appearance before the court by the affiant or give the court personal jurisdiction over him.

      [6.] 7.  The order of the court to which application is made pursuant to this section is not appealable.

      8.  As used in this section, “client of a program for legal aid” means a person:

      (a) Who is represented by an attorney who is employed by or volunteering for a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance to indigent persons; and

      (b) Whose eligibility for such representation is based upon indigency.

      Sec. 2.  NRS 19.0312 is hereby amended to read as follows:

      19.0312  1.  Except as otherwise provided in subsection 2, in addition to any other fee required by law, in each county that charges a fee pursuant to NRS 19.031 to offset a portion of the costs of providing legal services without a charge to indigent or elderly persons, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of providing pro bono programs and of providing legal services without a charge to abused or neglected children and victims of domestic violence to be remitted to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for programs for the indigent in an amount not to exceed:

 

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