Link to Page 3096

 

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ê2007 Statutes of Nevada, Page 3097 (Chapter 515, AB 424)ê

 

      (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Ê are repealed by the Congress of the United States.

      9.  Section 21 of this act becomes 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 procedure 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Ê are repealed by the Congress of the United States.

      10.  Sections 21 and 27 of this act expire by limitation on the date 2 years after 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Ê are repealed by the Congress of the United States.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 516, SB 499

Senate Bill No. 499–Committee on Government Affairs

 

CHAPTER 516

 

AN ACT relating to school facilities; revising provisions governing the approval of certain plans, designs and specifications for, and the inspection of the construction and renovation of, school buildings; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the board of trustees of a school district must, before letting a contract for the construction or renovation of a school building, submit the relevant plans, designs and specifications to the State Public Works Board for the Board’s review and approval. Existing law provides exceptions to this requirement if certain standard plans, designs and specifications are used, or if the State Public Works Board enters into an agreement to have such functions performed by the building department of a county or city. (NRS 385.125, 393.110)

      Section 4 of this bill provides that, in a county whose population is 400,000 or more (currently Clark County), existing law remains unchanged.

      Section 4 provides that, in a county whose population is less than 400,000 (currently counties other than Clark County), plans, designs and specifications pertaining to the construction or renovation of school buildings must be reviewed by, and the construction or renovation must be inspected by, the county building department or another local building department in the county. If there is no such department, the board of trustees of the school district is required to enter into an agreement with the State Public Works Board, a private person certified by the International Code Council or its successor, or a building department in another county to perform the necessary reviews and inspections.

 


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ê2007 Statutes of Nevada, Page 3098 (Chapter 516, SB 499)ê

 

      Sections 4 and 5 of this bill clarify that the approval of the State Fire Marshal is not required for plans, designs and specifications of school buildings that are reviewed by a local building department or a private person certified by the International Code Council or its successor and, similarly, an inspection of the construction and renovation of school buildings by the State Fire Marshal is not required if the inspection is conducted by such a local building department or private person. However, in conducting reviews pursuant to section 4, the State Public Works Board, building department or private person, as applicable, is required to verify that the plans, designs and specifications comply with the applicable requirements of the relevant codes adopted by this State, including the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal. (NRS 393.110, 477.030)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.580 is hereby amended to read as follows:

      278.580  1.  Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.

      2.  The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada [,] or the Nevada System of Higher Education , [or any school district,] except that such entities may enter into a contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]

      3.  Notwithstanding any other provision of law, the State and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.

      4.  A governing body shall amend its building codes and, if necessary, its zoning ordinances and regulations to permit the use of:

      (a) Straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure; and

      (b) Systems which use solar or wind energy to reduce the costs of energy for a structure if such systems and structures are otherwise in compliance with applicable building codes and zoning ordinances, including those relating to the design, location and soundness of such systems and structures,

Ê to the extent the local climate allows for the use of such materials, technologies, resources and systems.

      5.  The amendments required by subsection 4 may address, without limitation:

      (a) The inclusion of characteristics of land and structures that are most appropriate for the construction and use of systems using solar and wind energy.

      (b) The recognition of any impediments to the development of systems using solar and wind energy.

 


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ê2007 Statutes of Nevada, Page 3099 (Chapter 516, SB 499)ê

 

      (c) The preparation of design standards for the construction, conversion or rehabilitation of new and existing systems using solar and wind energy.

      6.  A governing body shall amend its building codes to include:

      (a) The seismic provisions of the International Building Code published by the International Code Council; and

      (b) Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.

      Sec. 2.  NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]

      Sec. 3.  NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [,] or the Nevada System of Higher Education . [or any school district.]

      Sec. 4.  NRS 393.110 is hereby amended to read as follows:

      393.110  1.  Each school district shall, in the design, construction and alteration of school buildings and facilities , comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      2.  [Except as otherwise provided in subsection 3:

      (a) Unless] In a county whose population is 400,000 or more:

      (a) Except as otherwise provided in paragraph (c), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of [a] the county school district shall submit the plans, designs and specifications [therefor] to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

 


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ê2007 Statutes of Nevada, Page 3100 (Chapter 516, SB 499)ê

 

to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

      (b) [Before] Except as otherwise provided in paragraph (c), before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of [a] the county school district shall submit the plans, designs and specifications [therefor] to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.

[Ê The State Public Works Board shall verify that all plans, designs and specifications that it reviews pursuant to this section comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      3.] (c) The State Public Works Board may enter into an agreement with the appropriate building department of a county or city to review plans, designs and specifications of a school district pursuant to [subsection 2.] paragraph (a) or (b). If the State Public Works Board enters into such an agreement, the board of trustees of the school district shall submit a copy of its plans, designs and specifications for any project to which [subsection 2] paragraph (a) or (b) applies to the building department before commencement of the project for the approval of [the] that building department. The building department shall review the plans, designs and specifications and provide responsive comment as expeditiously as practicable . [to] The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph. A building department that has entered into an agreement pursuant to this paragraph is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the review conducted pursuant to this paragraph.

      3.  In a county whose population is less than 400,000:

      (a) Except as otherwise provided in paragraph (b), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or another local building department in the county, as applicable, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit.

 


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ê2007 Statutes of Nevada, Page 3101 (Chapter 516, SB 499)ê

 

county or another local building department in the county, as applicable, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.

      (b) If there is no county building department or other local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Board, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or local building department pursuant to this paragraph.

      (c) A permit for construction must be issued before the school district commences construction.

      (d) The county building department or other local building department, the State Public Works Board or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or local building department.

      (e) A department, agency, private certificate holder or the State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:

             (1) Review of the plans, designs or specifications as required by this subsection; or

             (2) The inspections conducted pursuant to this subsection.

      4.  In conducting reviews pursuant to this section, the State Public Works Board, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with [all] :

      (a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;

      (b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and

      (c) All applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., inclusive, and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. [The building department may charge and collect a reasonable fee from the board of trustees of the school district for the payment of any costs incurred by the building department in reviewing the plans, designs and specifications. A permit for construction must not be issued without the approval of the building department pursuant to this subsection.] The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

 


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ê2007 Statutes of Nevada, Page 3102 (Chapter 516, SB 499)ê

 

      [4.] 5.  No contract for any of the purposes specified in [subsection 1] this section made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.

      6.  As used in this section, “private certificate holder” means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:

      (a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;

      (b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or

      (c) To perform the activities described in paragraphs (a) and (b).

      Sec. 5.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of:

             (1) Combustibles, flammables and fireworks; and

             (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê The regulations of the State Fire Marshal apply throughout the State, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

      2.  The State Fire Marshal may:

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

 


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ê2007 Statutes of Nevada, Page 3103 (Chapter 516, SB 499)ê

 

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) [Assist] Except as otherwise provided in NRS 393.110, assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as he deems necessary.

      10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions.

 


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ê2007 Statutes of Nevada, Page 3104 (Chapter 516, SB 499)ê

 

personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 517, SB 476

Senate Bill No. 476–Committee on Commerce and Labor

 

CHAPTER 517

 

AN ACT relating to business; providing for the licensing and regulation of exchange facilitators by the Division of Financial Institutions of the Department of Business and Industry; authorizing the Division to charge and collect fees in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Real Estate Division of the Department of Business and Industry regulates the activities of qualified intermediaries. (NRS 645.606-645.6085) This bill transfers regulatory and licensing authority concerning qualified intermediaries from the Real Estate Division to the Division of Financial Institutions of the Department of Business and Industry.

      Section 42 of this bill renames the entities to be regulated and licensed as “exchange facilitators,” and expands the scope of this term to include both qualified intermediaries and exchange accommodation titleholders.

      Sections 3-21.5, 42, 43 and 47-50 of this bill regulate the activities of exchange facilitators and include provisions concerning: (1) applications for and renewals of a license as an exchange facilitator; (2) certain bonds and insurance policies that must be maintained by a licensee; (3) the handling of money held in accounts for clients; (4) the management of a licensee that is not a natural person; and (5) notice that must be provided to clients and to the Division in certain circumstances. Sections 21 and 21.5 set forth the fees which the Division is required to charge and collect relating to applications for and renewals of a license and how money received by the Division must be deposited.

      Sections 22-38 of this bill govern disciplinary proceedings against an exchange facilitator. Section 22 authorizes the Commissioner of the Division of Financial Institutions to investigate an exchange facilitator. Section 25 authorizes the Commissioner to require a licensee to pay an administrative fine of not more than $200 per day or to suspend, revoke, deny the renewal of or place conditions upon his license, or impose any combination of such actions in certain circumstances.

 


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ê2007 Statutes of Nevada, Page 3105 (Chapter 517, SB 476)ê

 

license, or impose any combination of such actions in certain circumstances. Under section 38, a person who is not licensed pursuant to the provisions of this bill who acts as an exchange facilitator or holds himself out as a licensee is guilty of a gross misdemeanor and is further liable to the Division for a civil penalty of $200 per day for each day that the violation continues.

      Section 39 of this bill authorizes the Division to issue a reciprocal license to a person who is licensed as an exchange facilitator in another state in certain circumstances. Section 39.5 of this bill authorizes the Division to issue a special license to a financial institution that maintains an office in this State in certain circumstances.

      Section 40 of this bill requires the Commissioner to conduct an audit of all exchange facilitators at least every 5 years and to conduct on a random basis additional partial audits of any licensee who has a history of violations of the provisions of this bill.

      Upon passage and approval of this bill, the Legislative Counsel will transfer NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act from chapter 645 of NRS to a new chapter of NRS. Upon passage and approval of this bill, the Legislative Counsel will transfer all the regulations created under NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to the chapter of NAC that corresponds with the new chapter of NRS in which NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act are transferred.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 40, inclusive, of this act.

      Sec. 3.  As used in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 645.606 and sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Commissioner” means the Commissioner of Financial Institutions.

      Sec. 5.  “Division” means the Division of Financial Institutions of the Department of Business and Industry.

      Sec. 6.  “Financial institution” means any bank, savings and loan association, savings bank or trust company, including a subsidiary or holding company of these, doing business in this State that is federally insured and organized under, or supervised pursuant to, the laws of the United States or of any state.

      Sec. 7.  “Licensee” means a person licensed as an exchange facilitator pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act.

      Sec. 8.  Except as otherwise provided in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, do not apply to:

      1.  Any bank, thrift company, credit union, trust company, savings and loan association, including a subsidiary or holding company of these, or any mortgage or farm loan association licensed under the laws of this State or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.

 


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ê2007 Statutes of Nevada, Page 3106 (Chapter 517, SB 476)ê

 

of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.

      2.  A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.

      3.  A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.

      4.  The purchase, sale or locating of mining claims or options thereon or interests therein.

      5.  The State of Nevada or a political subdivision thereof.

      Sec. 9.  1.  A license issued pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act is nontransferable.

      2.  The business of a licensee must not be sold or ownership of the business transferred before the prospective buyer or owner has complied with the provisions of section 43 of this act.

      Sec. 10.  1.  A licensee may establish one or more branch offices in this State.

      2.  A licensee who establishes one or more branch offices in this State shall provide written notice to the Division of the establishment of any such branch office within 30 days after establishment of the branch office.

      Sec. 11.  A license issued pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act must be conspicuously displayed in the primary place of business of the licensee, and a copy of the license must be conspicuously displayed in each branch office of the licensee.

      Sec. 12.  1.  The business of a licensee, if the licensee is not a natural person, must be conducted under the direct management of an officer or employee of the licensee designated by the licensee as an exchange facilitator officer, who is licensed pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act and who is:

      (a) An attorney or certified public accountant admitted to practice in any state or territory of the United States;

      (b) A certified exchange specialist certified by the Federation of Exchange Accommodators or its successor; or

      (c) A person who has been actively conducting the business of an exchange facilitator or who has equivalent experience, as determined by the Division, for the 3 years immediately preceding his designation as an exchange facilitator officer.

      2.  A licensee shall notify the Division in writing within 10 working days after:

      (a) The designation of any exchange facilitator officer, setting forth the experience and qualifications of the exchange facilitator officer and other such information as may be required by the Division; and

      (b) The termination of the employment of any exchange facilitator officer.

      Sec. 13.  1.  Each licensee is a fiduciary of all money, property, other considerations and instruments received by the licensee from the client.

      2.  Each licensee shall invest money related to a tax-deferred exchange of property in investments which meet the reasonable standards that are applicable to persons acting as fiduciaries in this State.

 


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ê2007 Statutes of Nevada, Page 3107 (Chapter 517, SB 476)ê

 

      Sec. 14.  Money held in any account for a client may not be withdrawn from the account without the written approval of the licensee and the client.

      Sec. 15.  1.  Except as otherwise provided in subsection 2, a licensee shall maintain a policy of insurance covering liability for errors and omissions in an amount not less than $250,000 executed by an insurer authorized to do business in this State and approved by the Division.

      2.  In lieu of such a policy of insurance, a licensee may deposit with the Division under such terms and conditions as the Division may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Division.

      3.  A licensee shall provide proof of the coverage required pursuant to this section, including, without limitation, the name and address of the insurer, to a client.

      4.  The provisions of subsections 1 and 2 do not prohibit the licensee from maintaining a policy of insurance, deposits or other forms of security in excess of the amounts required by subsections 1 and 2.

      5.  Any person claiming against a policy of insurance or deposit required by this section may bring an action in a court of competent jurisdiction on the policy of insurance or deposit for damages to the extent covered by the policy. A person who brings an action on a policy or deposit shall notify the Division in writing upon filing the action.

      6.  Upon receiving a request from a client of an exchange facilitator, the Division shall notify the client:

      (a) That a policy of insurance is in effect or that a deposit has been made, and the amount of either; and

      (b) If there is an action against the policy of insurance, of the title, court and case number of the action and the amount sought by the plaintiff.

      7.  If an insurer, or in the case of a deposit, the Division, wishes to make payment without awaiting action by a court, the amount of the policy or deposit must be reduced to the extent of any payment made by the insurer or the Division in good faith under the policy or deposit. Any payment must be based on written claims received by the insurer or the Division before any action is taken by a court.

      8.  Claims against a policy of insurance or deposit have equal priority, and if the policy or deposit is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the exchange facilitator for the unpaid balance.

      Sec. 16.  A licensee shall provide written notice to the Division at least 30 days before the cancellation or withdrawal of any bond, policy of insurance or security required pursuant to NRS 645.608 or section 15 of this act. The Division shall suspend the license of a licensee upon notice that the licensee has cancelled or withdrawn any bond, policy of insurance or security required pursuant to NRS 645.608 or section 15 of this act.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  All exchange funds must be kept separate from money belonging to the licensee and must be deposited in a financial institution that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the exchange agreement.

 


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that is federally insured or insured by a private insurer approved pursuant to NRS 678.755 unless another financial institution has been designated in writing in the exchange agreement. The money when deposited must be designated as “trust funds” or “escrow accounts” or under some other appropriate name indicating that the money is not the money of the licensee.

      Sec. 19.  1.  Exchange funds are not subject to execution or attachment on any claim against the licensee.

      2.  A licensee shall not knowingly keep or cause to be kept any money in any bank, credit union or other financial institution under any name designating the money as belonging to the clients of any licensee, unless the money belongs to the client and was actually entrusted to the licensee by the client.

      Sec. 20.  If a licensee fails to apply for a renewal of his license before the date of the expiration thereof, no license may be issued to him except upon another application for an original license, except that within 1 year of such expiration a renewal may be issued upon payment of a fee one and one-half times the amount otherwise required for renewal.

      Sec. 21.  1.  The Commissioner shall charge and collect the following fees:

      (a) For the filing and investigation of an application for a license, a nonrefundable fee of not more than $1,000 and any additional expenses incurred in the process of investigation;

      (b) For the issuance of a license, at least $200;

      (c) For the annual renewal of a license, at least $200;

      (d) For the issuance of a license for each branch office of a licensee, a nonrefundable fee of at least $200;

      (e) For the annual renewal of a license for each branch office of a licensee, at least $250;

      (f) For the issuance of a reciprocal license, at least $150;

      (g) For the annual renewal of a reciprocal license, at least $150; and

      (h) For the reissuance of a license because of a change in the business address of the licensee, at least $200.

      2.  All money received by the Commissioner pursuant to paragraph (a) of subsection 1 must be placed in the Investigative Account for Financial Institutions created by NRS 232.545.

      3.  The Commissioner shall adopt regulations establishing the amount of fees required pursuant to this section.

      Sec. 21.5.  Except as otherwise provided in NRS 645.6085 and section 21 of this act, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

      Sec. 22.  The Commissioner or the Division may investigate the actions of any exchange facilitator or any person who acts in any such capacity within this State.

      Sec. 23.  The Division shall maintain a public docket or other record in which it shall record from time to time as made:

      1.  The rulings or decisions upon all complaints filed with the Division concerning an exchange facilitator.

      2.  All investigations instituted by the Commissioner or the Division in the first instance, upon or in connection with which any hearing has been held, or in which the licensee charged has made no defense.

 


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      3.  Denials of applications made to the Division for licensing.

      Sec. 24.  1.  Except as otherwise provided in this section, a complaint filed with the Division alleging a violation of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      2.  A complaint or other document filed with the Division to initiate disciplinary action and all documents and information considered by the Division when determining whether to impose discipline are public records.

      Sec. 25.  1.  The Commissioner may require a licensee to pay an administrative fine of not more than $200 per day for each violation he commits or may suspend, revoke, deny the renewal of or place conditions upon his license, or impose any combination of those actions, at any time if:

      (a) The licensee, by false or fraudulent representation, obtained a license.

      (b) The licensee, whether or not acting as such, is found guilty of:

             (1) Making any material misrepresentation.

             (2) Making any false promises of a character likely to influence, persuade or induce.

      (c) The licensee has failed, within a reasonable time, to account for or to remit any money which comes into his possession or under his control and which belongs to others.

      (d) The licensee has engaged in any fraudulent act.

      (e) The licensee or an owner, officer, director or employee of a licensee, is found guilty of any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of money, robbery or theft.

      (f) The licensee has failed to fulfill a contractual duty to deliver property or money, unless the failure to deliver such property or money is beyond the control of the licensee.

      (g) A receiver or conservator is appointed to take control of the assets of a licensee.

      (h) The licensee is dissolved.

      (i) The licensee is bankrupt.

      (j) The licensee fails to maintain, for review and audit by the Division, each agreement governed by the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act and entered into by the licensee.

      (k) The licensee violates any provision of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or any regulations adopted pursuant thereto.

      2.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      3.  In addition to any action set forth in subsection 1, the Division may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing required by law, require the applicant or licensee to pay the costs incurred by the Division to conduct any related investigation or hearing.

      Sec. 26.  1.  The Division shall not suspend the license of a licensee pursuant to section 25 of this act for more than 2 years.

 


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      2.  After the revocation of any license by the Commissioner as provided in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, no new license may be issued to the same licensee within 2 years after the date of the revocation and then only provided that the licensee satisfies all the requirements for an original license.

      Sec. 27.  (Deleted by amendment.)

      Sec. 28.  The expiration or revocation of a license by operation of law or by order or decision of the Division or a court of competent jurisdiction, or the voluntary surrender of a license does not:

      1.  Prohibit the Commissioner or the Division from initiating or continuing an investigation of, or action or disciplinary proceeding against, the exchange facilitator as authorized pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or the regulations adopted pursuant thereto; or

      2.  Prevent the imposition or collection of any penalty authorized pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act or the regulations adopted pursuant thereto against the exchange facilitator.

      Sec. 29.  1.  The procedure set forth in this section and section 30 of this act must be followed before the Division revokes, suspends or denies the renewal of any license issued pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act.

      2.  Upon the initiation of a complaint by the Division, the matter must be set for a hearing by the Commissioner, who shall schedule a hearing before the Commissioner, and the licensee is entitled to be heard thereon in person or by counsel.

      3.  The Commissioner shall hold the hearing within 90 days after the filing of a complaint by the Division. The time of the hearing may be continued at the discretion of the Commissioner or upon the written request of the licensee or of the Division for good cause shown.

      4.  The licensee must be given at least 30 days’ notice in writing by the Division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the complaint. The Division may present evidence obtained after the notice only if the Division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that the evidence was given or communicated to the licensee immediately after it was obtained.

      5.  Notice is complete upon delivery personally to the licensee or by mailing by certified mail to the last known address of the licensee.

      Sec. 30.  1.  The licensee shall file an answer to the charges with the Commissioner not later than 30 days after service of the notice and other documents described in subsection 4 of section 29 of this act. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely. If no answer is filed within the time limit described in this subsection, the Division may, after notice to the licensee served in the manner authorized in subsection 5 of section 29 of this act, move for the entry of a default against the licensee.

      2.  The answer may be served by delivery to the Division, or by mailing the answer by certified mail to the principal office of the Division.

 


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      3.  No proceeding to suspend, revoke or deny the renewal of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:

      (a) If the charges are based upon a misrepresentation, or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and

      (b) Whenever any action or proceeding is instituted to which the Division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to suspend, revoke or deny the renewal of the license is suspended during the pendency of the action or proceeding.

      Sec. 31.  The hearing on the charges must be held at such time and place as the Commissioner prescribes. At the hearing, a stenographic transcript of the proceedings must be made if requested or required for judicial review. Any party to the proceedings desiring a transcript must be furnished with a copy upon payment to the Division of the reasonable cost of transcription.

      Sec. 32.  1.  The Commissioner shall have the power to administer oaths, certify to all official acts, and issue subpoenas for attendance of witnesses and the production of books and papers.

      2.  In any hearing or investigation in any part of the State, the process issued by the Commissioner shall extend to all parts of the State and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the Commissioner, not to exceed the fees prescribed by law for similar service, and such fees must be paid in the same manner as provided in section 33 of this act for the payment of the fees of witnesses.

      Sec. 33.  1.  Each witness who appears by order of the Commissioner is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount must be paid by the party at whose request the witness is subpoenaed.

      2.  When any witness not otherwise required to attend is subpoenaed by the Commissioner, his fees and mileage must be paid by the Division.

      Sec. 34.  1.  The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Commissioner.

      2.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the Commissioner may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpoenaed in the manner prescribed in NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Commissioner in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing,

 


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proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing,

Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Commissioner.

      3.  The court, upon petition of the Commissioner, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the Commissioner. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued by the Commissioner, the court shall thereupon enter an order that the witness appear before the Commissioner at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court.

      Sec. 35.  1.  The Commissioner may, in any hearing before him, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by the Nevada Rules of Civil Procedure for like depositions in civil actions in the district courts of this State, and to that end may compel the attendance of witnesses and the production of books and papers.

      2.  The clerk of the district court in and for the county in which any hearing may be held by the Commissioner shall, upon the application of the Commissioner, issue commissions to other states for the taking of evidence therein for use in any proceedings before the Commissioner.

      3.  Any party to any hearing before the Commissioner shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the Commissioner and designating the name and address of the person or persons sought to be subpoenaed.

      Sec. 36.  1.  The Commissioner shall render an informal decision on any complaint within 15 days after the final hearing thereon and shall give notice in writing of the ruling or decision to the applicant or licensee affected thereby within 60 days after the final hearing thereon by certified mail to the last known address of the person to whom the notice is sent.

      2.  If the ruling is adverse to the licensee, the Commissioner shall also state in the notice the date upon which the ruling or decision becomes effective, which date must not be less than 30 days after the date of the notice.

      3.  The decision of the Commissioner may not be stayed by any appeal in accordance with the provisions of section 37 of this act, unless the district court so orders upon motion of the licensee, notice to the Division of the motion and opportunity for the Division to be heard.

      4.  An appeal from a decision of the district court affirming the revocation or suspension of a license does not stay the order of the Commissioner unless the district or appellate court, in its discretion and upon petition of the licensee, after notice and hearing orders such stay, and upon the filing of a bond for costs in the amount of $1,000.

      Sec. 37.  1.  A ruling or decision of the Commissioner in any disciplinary action is final when in favor of the licensee.

 


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      2.  If a ruling or decision is against the licensee, the licensee is entitled to judicial review of the ruling or decision in the manner provided by chapter 233B of NRS.

      Sec. 38.  1.  Any person who is not licensed pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act who acts as an exchange facilitator in this State or holds himself out as a licensee and any licensee who commits an act set forth in subsection 1 of section 25 of this act is:

      (a) Guilty of a gross misdemeanor.

      (b) Liable to the Division for a civil penalty of $200 per day for each day that the violation continues.

      2.  The Division may file an action for injunctive relief in the appropriate district court in this State to prevent the occurrence or continuance of that act.

      Sec. 39.  1.  A person who is licensed as an exchange facilitator in another state or territory of the United States and is not otherwise required to be licensed pursuant to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act may submit an application for a reciprocal license as an exchange facilitator pursuant to the provisions of this section. The Division shall issue a reciprocal license to the applicant if:

      (a) The applicant is licensed in a jurisdiction that grants reciprocal licensing to a person licensed pursuant to NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act;

      (b) The Division determines that the laws and regulations governing exchange facilitators of the jurisdiction in which the applicant is licensed are at least equivalent to the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act;

      (c) The applicant provides proof satisfactory to the Division that the applicant has complied with the requirements of NRS 645.608 and section 15 of this act;

      (d) The applicant pays the fee required pursuant to section 21 of this act;

      (e) The applicant designates the Division as its representative to receive service of process for matters arising in this State; and

      (f) The applicant does not maintain an office in this State in connection with the conduct of the business of an exchange facilitator.

      2.  The Division shall:

      (a) Examine the laws of each state to identify the jurisdictions that meet the requirements for recognition of a reciprocal license pursuant to this section; and

      (b) Publish annually a list of the jurisdictions that meet the requirements of this section.

      3.  A license issued pursuant to this section must be renewed annually on or before July 1, by providing the information required by the Division for that purpose and paying the renewal fee prescribed by section 21 of this act.

      Sec. 39.5.  1.  A financial institution may obtain a special license pursuant to this section.

      2.  The Division shall issue a special license to a financial institution if the financial institution:

 


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      (a) Maintains an office in this State;

      (b) Pays the fee required pursuant to section 21 of this act for the issuance of a license; and

      (c) Complies with any other requirements set forth by regulations adopted by the Division.

      3.  A financial institution which obtains a special license pursuant to this section is exempt from the requirements of subsections 2 to 7, inclusive, of section 43 of this act except as otherwise required by regulations adopted by the Division.

      4.  A license issued pursuant to this section must be renewed annually on or before July 1, by providing the information required by the Division for that purpose and paying the renewal fee prescribed by section 21 of this act.

      Sec. 40.  1.  The Commissioner shall cause to be conducted at least every 5 years an audit of all licensees. The Commissioner shall cause to be conducted each year on a random basis additional partial audits of any licensee who has a history of violations of the provisions of NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act, or the regulations adopted pursuant thereto, as determined by the Commissioner.

      2.  The Commissioner shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include, without limitation:

      (a) Specific audit objectives;

      (b) Standards for documentation;

      (c) Policies for supervisory review;

      (d) Policies for the training of auditors;

      (e) The format for the audit report; and

      (f) Procedures for the presentation, distribution and retention of the audit report.

      3.  On or before March 1 of each year, the Commissioner shall make a report of each audit to the Legislature, if it is in session, or to the Interim Finance Committee, if the Legislature is not in session.

      Sec. 41.  NRS 645.240 is hereby amended to read as follows:

      645.240  [1.]  The provisions of this chapter do not apply to, and the terms “real estate broker” and “real estate salesman” do not include, any:

      [(a)] 1.  Owner or lessor of property, or any regular employee of such a person, who performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with respect to the property in the regular course of or as an incident to the management of or investment in the property. For the purposes of this paragraph, “management” means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.

      [(b)] 2.  Employee of a real estate broker while engaged in the collection of rent for or on behalf of the broker.

      [(c)] 3.  Person while performing the duties of a property manager for a property, if the person maintains an office on the property and does not engage in property management with regard to any other property.

      [(d)] 4.  Person while performing the duties of a property manager for a common-interest community governed by the provisions of chapter 116 of NRS, a condominium project governed by the provisions of chapter 117 of NRS, a time share governed by the provisions of chapter 119A of NRS, or a planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the Real Estate Division by regulation.

 


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planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the Real Estate Division by regulation.

      [(e)] 5.  Person while performing the duties of a property manager for property used for residential housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government.

      [2.  Except as otherwise provided in NRS 645.606 to 645.6085, inclusive, the provisions of this chapter do not apply to:

      (a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this State or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.

      (b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.

      (c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.

      (d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.

      (e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.

      (f) The purchase, sale or locating of mining claims or options thereon or interests therein.

      (g) The State of Nevada or a political subdivision thereof.]

      Sec. 42.  NRS 645.606 is hereby amended to read as follows:

      645.606  1.  [As used in NRS 645.606 to 645.6085, inclusive, “qualified intermediary” has the meaning ascribed to it] “Exchange facilitator” means a person who, for compensation of any kind, acts as:

      (a) A qualified intermediary as defined in 26 C.F.R. § [1.1031(k)-1(g).] 1.1031(k)-1(g)(4) for a client whose relinquished property is located in this State; or

      (b) An exchange accommodation titleholder, as that term is defined in Rev. Proc. 2000-37, who holds title to property located in this State.

      2.  The term includes any person who [advertises] :

      (a) Maintains an office in this State for the purpose of soliciting business as an exchange facilitator; or

      (b) Advertises or holds himself out as prepared to facilitate a tax-deferred exchange of property in this State by acting as the custodian of money or other property.

      3.  The term does not include [a bank, credit union or other depository institution, an escrow company, a title insurer, an agent licensed pursuant to chapter 692A of NRS or its subsidiaries or employees.] :

      (a) A taxpayer or disqualified person, as those terms are defined in 26 C.F.R. § 1.1031(k)-1(k), who is seeking to qualify for nonrecognition pursuant to 26 U.S.C. § 1031;

 


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      (b) A financial institution when acting solely as a depository for funds used in a tax-deferred exchange of property;

      (c) A person who advertises for and teaches seminars or classes, or otherwise gives presentations to attorneys, accountants, real estate professionals, tax professionals or other professionals with the primary purpose of teaching such professionals about tax-deferred exchanges or training such professionals to act as exchange facilitators; or

      (d) A qualified intermediary, as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), who holds exchange funds received from the disposition of relinquished property located outside this State.

      Sec. 43.  NRS 645.6065 is hereby amended to read as follows:

      645.6065  1.  Except as otherwise provided in NRS 645.607, a person shall not act as [a qualified intermediary] an exchange facilitator unless he is [registered] licensed as such with the Division. The Division may adopt such regulations as it deems necessary to carry out the provisions of NRS 645.606 to 645.6085, inclusive [.] , and sections 3 to 40, inclusive, of this act, including, without limitation, regulations prescribing amounts required for liquidity purposes.

      2.  To apply for [registration,] a license as an exchange facilitator, a person must pay the Division [a fee of $100 and a fee to pay the costs of an investigation of the person’s background.] the fee prescribed by section 21 of this act.

      3.  In addition to the requirements set forth in subsection 2, the person must submit to the Division:

      (a) The following information on a form provided by the Division:

             (1) The applicant’s name, business address and telephone number;

             (2) The name under which the applicant will hold the money or other property of a client;

             (3) The names, residence and business addresses of all shareholders or members who hold 10 percent or more of the voting stock of the applicant’s business and all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each; and

             (4) The length of time the applicant has been engaged in the business of acting as such an [intermediary; and] exchange facilitator;

             (5) A summary description of the business of the applicant;

             (6) A list of any similar licenses obtained and maintained in other states or other jurisdiction and information regarding revocation of any such license;

             (7) The tax identification number of the applicant; and

             (8) A current certificate of good standing for the applicant from the state or other jurisdiction in which the applicant’s business is formed; and

      (b) All information required to complete the application.

      4.  Each applicant must, as part of his application and at his own expense:

      (a) Arrange to have [a complete set of his fingerprints] taken , by a law enforcement agency or other authorized entity acceptable to the Division [;] , a complete set of the applicant’s fingerprints and the fingerprints of each person or officer who will be conducting the business of the applicant in this State and who has authority to transfer exchange money held by the applicant; and

      (b) Submit to the Division:

 


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ê2007 Statutes of Nevada, Page 3117 (Chapter 517, SB 476)ê

 

             (1) A completed fingerprint card and written permission authorizing the Division to submit the [applicant’s] fingerprints described in paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the [applicant’s] background of each person whose fingerprints were taken and to such other law enforcement agencies as the Division deems necessary; or

             (2) Written verification, on a form prescribed by the Division, stating that the fingerprints [of the applicant] described in paragraph (a) were taken and directly forwarded electronically or by another means to the Central Repository and that [the applicant] each person whose fingerprints were taken has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the [applicant’s] background of each such person and to such other law enforcement agencies as the Division deems necessary.

      5.  The Division may:

      (a) Unless the [applicant’s] fingerprints described in paragraph (a) of subsection 4 are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each such agency any information regarding the [applicant’s] background of each person whose fingerprints were taken as the Division deems necessary.

      6.  [Registration] The Division shall approve an application submitted pursuant to this section within 45 days after the submission of the completed application, any additional information required by the Division and proof satisfactory to the Division that the applicant has complied with the provisions of NRS 645.608. Upon approval of an application, the Division shall issue a license to the applicant.

      7.  A license issued pursuant to [this section] NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act must be renewed [each year] annually on or before [the date of the original registration] July 1, by providing the information required by the Division for that purpose and paying a renewal fee [of $75.] prescribed by section 21 of this act.

      Sec. 44.  NRS 645.6068 is hereby amended to read as follows:

      645.6068  1.  In addition to any other requirements set forth in this chapter:

      (a) A natural person who applies for the issuance of his [registration as a qualified intermediary] license as an exchange facilitator shall include the social security number of the applicant in the application submitted to the Division.

      (b) A natural person who applies for the issuance or renewal of his [registration as a qualified intermediary] license as an exchange facilitator shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the [registration;] license; or

 


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ê2007 Statutes of Nevada, Page 3118 (Chapter 517, SB 476)ê

 

      (b) A separate form prescribed by the Division.

      3.  An applicant may not be [registered as a qualified intermediary] licensed as an exchange facilitator by the Division if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 45.  NRS 645.6068 is hereby amended to read as follows:

      645.6068  1.  In addition to any other requirements set forth in this chapter, a natural person who applies for the issuance or renewal of his [registration as a qualified intermediary] license as an exchange facilitator shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the [registration;] license; or

      (b) A separate form prescribed by the Division.

      3.  An applicant may not be [registered as a qualified intermediary] licensed as an exchange facilitator by the Division if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 46.  NRS 645.6069 is hereby amended to read as follows:

      645.6069  1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is [registered with the Division as a qualified intermediary,] licensed as an exchange facilitator, the Division shall deem the [registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who is [registered as a qualified intermediary] licensed as an exchange facilitator stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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ê2007 Statutes of Nevada, Page 3119 (Chapter 517, SB 476)ê

 

[registration] license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who is [registered as a qualified intermediary] licensed as an exchange facilitator stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate the [registration of a qualified intermediary] license of an exchange facilitator that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [registration] license was suspended stating that the person whose [registration] license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 47.  NRS 645.607 is hereby amended to read as follows:

      645.607  1.  If the [intermediary] exchange facilitator is a corporation qualified to do business in this State, every officer , [and] director and exchange facilitator officer designated pursuant to section 12 of this act of the corporation who does business in this State must be [registered.] licensed. No other employee is required to [register.] be licensed.

      2.  If the exchange facilitator is not a natural person or a publicly traded company, each shareholder, member or other owner who owns 10 percent or more of the voting stock, shares or other ownership interest of the exchange facilitator must be licensed.

      Sec. 48.  NRS 645.6075 is hereby amended to read as follows:

      645.6075  A [qualified intermediary shall inform] licensee shall:

      1.  Maintain a principal place of business in this State or maintain a registered agent in this State;

      2.  Inform the Division in writing [of] within 10 working days after any change in [his address or] the address or telephone number [.] of his principal place of business or his registered agent, and provide any other information required by the Division; and

      3.  Inform all clients within 10 working days after:

      (a) A change in any of the officers, directors, employees or owners of the licensee who are required to obtain a license pursuant to section 12 or 47 of this act; or

      (b) The licensee or any person described in paragraph (a) acquires a new license, has his license suspended or revoked or otherwise relinquishes, loses or has any other change in the status of his license.

      Sec. 49.  NRS 645.608 is hereby amended to read as follows:

      645.608  1.  Except as otherwise provided in subsection 2, [a qualified intermediary] an exchange facilitator shall [post with the Division a bond] maintain one or more fidelity bonds in a total amount of not less than $1,000,000 executed by [the intermediary as principal, and by a corporation qualified pursuant to the laws of this State as a surety. The bond must be payable to the State of Nevada and conditioned upon the payment of all money due to the State and the clients of the intermediary. The Division shall, by regulation, establish the minimum amount required for the bond.] an insurer authorized to do business in this State and approved by the Division.

      2.  In lieu of such a bond [an intermediary] , a licensee may deposit with the Division under such terms and conditions as the Division may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065.

 


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ê2007 Statutes of Nevada, Page 3120 (Chapter 517, SB 476)ê

 

a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Division.

      3.  A licensee shall provide proof of the bond required pursuant to this section, including, without limitation, the name and address of the insurer, to a client.

      4.  Any person claiming against a bond or deposit required by this section may bring an action in a court of competent jurisdiction on the bond or deposit for damages to the extent covered by the bond [.] or deposit. A person who brings an action on a bond or deposit shall notify the Division in writing upon filing the action.

      [4.] 5.  Upon receiving a request from a person for whose benefit a bond or deposit is required, the Division shall notify him:

      (a) That a bond is in effect or that a deposit has been made, and the amount of [the bond;] either; and

      (b) If there is an action against the bond, of the title, court and case number of the action and the amount sought by the plaintiff.

      [5.] 6.  If [a surety] an insurer or, in the case of a deposit, the Division wishes to make a payment without awaiting action by a court, the amount of the bond or deposit must be reduced to the extent of any payment made by the [surety] insurer or the Division in good faith under the bond [.] or deposit. Any payment must be based on written claims received by the [surety] insurer or the Division before any action is taken by a court.

      [6.] 7.  Claims against a bond or deposit have equal priority, and if the bond or deposit is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the [intermediary] licensee for the unpaid balance.

      Sec. 50.  NRS 645.6085 is hereby amended to read as follows:

      645.6085  The Division shall deposit any money it receives from a civil penalty imposed pursuant to NRS 205.960 and section 38 of this act with the State Treasurer for credit to a separate account in the State General Fund. The Division shall expend at least 75 percent of the money so received to pay administrative costs related to:

      1.  The [registration of intermediaries;] licensing of exchange facilitators; and

      2.  Any program it develops to supply information regarding [intermediaries] exchange facilitators to the public.

Ê Any remaining money may be used by the Division to reimburse residents of Nevada for financial losses caused by the illegal conduct of an [intermediary.] exchange facilitator.

      Sec. 51.  NRS 205.960 is hereby amended to read as follows:

      205.960  1.  It is unlawful for a person to enter into an agreement to act as [an] a qualified intermediary [to hold the money of another person pursuant to an exchange of property which is or is purported to be tax free pursuant to 26 U.S.C. § 1031] , as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), for a client whose relinquished property is located in this State unless:

      (a) [The intermediary is a qualified intermediary as defined in 26 C.F.R. § 1.1031(k)-1(g);] The proceeds from the disposition of the relinquished property are deposited into a qualified escrow account or qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).

 


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ê2007 Statutes of Nevada, Page 3121 (Chapter 517, SB 476)ê

 

property are deposited into a qualified escrow account or qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).

      (b) [The money is deposited in a qualified escrow account as defined in 26 C.F.R. § 1.1031(k)-1(g); and

      (c)] The money is held in such a manner that it may not be withdrawn from the qualified escrow account or qualified trust without the written approval of the intermediary and the [person for whom he is holding the money.] client.

      2.  A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the [Administrator of the Real Estate Division of the Department of Business and Industry.] Commissioner of Financial Institutions.

      Sec. 52.  (Deleted by amendment.)

      Sec. 52.5.  NRS 692A.265 is hereby repealed.

      Sec. 53.  A regulation adopted by the Real Estate Division of the Department of Business and Industry pursuant to NRS 645.606 to 645.6085, inclusive, remains in effect as a regulation of the Division of Financial Institutions of the Department of Business and Industry until amended or repealed by the Division of Financial Institutions.

      Sec. 54.  As soon as is practicable after passage and approval of this act, the Legislative Counsel will transfer all the regulations created under NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act to the chapter of NAC that corresponds with the new chapter of NRS in which NRS 645.606 to 645.6085, inclusive, and sections 3 to 40, inclusive, of this act are transferred.

      Sec. 55.  1.  This section and sections 2 to 44, inclusive, and 46 to 54, inclusive, of this act become effective on July 1, 2007.

      2.  Section 44 of this act expires 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.

      3.  Section 45 of this act becomes 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.

 


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ê2007 Statutes of Nevada, Page 3122 (Chapter 517, SB 476)ê

 

      4.  Sections 45 and 46 of this act expire by limitation on the date 2 years after 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 518, AB 148

Assembly Bill No. 148–Committee on Health and Human Services

 

CHAPTER 518

 

AN ACT relating to controlled substances; making various changes concerning the sale, transfer or acquisition of precursors to methamphetamine; making various changes relating to crimes relating to the use or manufacturing of methamphetamine and other controlled substances; revising various provisions relating to nuisances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      This bill establishes restrictions on the sale and purchase of products that contain materials that can be used to manufacture methamphetamine and makes other various changes pertaining to methamphetamine and other controlled substances.

      Section 6 of this bill requires sellers of a product that contains certain materials that can be used to manufacture methamphetamine to keep the product in a locked case or cabinet or behind a store counter so that the public does not have direct access to the product. Section 7 of this bill establishes limits on the quantity of certain chemicals that can be sold to the same person during a calendar day. Section 8 of this bill requires sellers of a product that contains materials that can be used to manufacture methamphetamine to maintain a logbook of sales and transfers of the product and to ensure that certain information is entered in the logbook.

      If a seller of a product that contains materials that can be used to manufacture methamphetamine violates section 6, 7 or 8 of this bill, section 9 of this bill provides that the seller is subject to a civil penalty of not more than $250,000 for each violation.

      Section 10 of this bill prohibits a person from knowingly or intentionally purchasing or otherwise acquiring a certain amount of certain chemicals that can be used to manufacture methamphetamine. A person who violates this provision is subject to criminal penalties.

      Section 11 of this bill prohibits a person from knowingly or intentionally entering false information in the logbook. A person who violates this provision is guilty of a category D felony.

      Section 11.5 of this bill prohibits the possession or disposition of chemical waste or debris resulting from the manufacture of methamphetamine.

 


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ê2007 Statutes of Nevada, Page 3123 (Chapter 518, AB 148)ê

 

      Existing law prohibits a person from possessing certain chemicals with the intent to manufacture or compound a controlled substance other than marijuana. (NRS 453.322) Section 11.7 of this bill adds lithium metal and sodium metal to the list of prohibited chemicals. Section 11.7 also prohibits a person from providing such a chemical to another person with the intent that it be used in the manufacturing or compounding of a controlled substance other than marijuana.

      Existing law provides that a building or place used to unlawfully manufacture a controlled substance is a nuisance, which creates civil liability, and a public nuisance, which is a crime. (NRS 40.140, 202.450, 202.470) Sections 16 and 17 of this bill provide that a building or place that was used to unlawfully manufacture a controlled substance is both a nuisance and a public nuisance if certain activities relating to the decontamination of the building or place have not occurred within a certain period.

      Section 25 of this bill prohibits a person from: (1) selling or transferring in the course of business a product that is a precursor to methamphetamine; or (2) engaging in the business of selling at retail a product that is a precursor to methamphetamine, unless the person is a pharmacy.

      Section 26 of this bill requires a pharmacy that becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine to report the loss or disappearance to the Department of Public Safety.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11.5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Logbook” means a written or electronic list of each sale or transfer of a product that is a precursor to methamphetamine.

      Sec. 4.  “Product that is a precursor to methamphetamine” means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.

      Sec. 5.  “Retail distributor” means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

      Sec. 6.  A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the product before a sale or transfer is made.

      Sec. 7.  1.  Except as otherwise provided in subsection 2, a retail distributor shall not:

      (a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

 


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ê2007 Statutes of Nevada, Page 3124 (Chapter 518, AB 148)ê

 

      (b) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:

             (1) The product is packaged in blister packs, each blister containing not more than two dosage units; or

             (2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.

      2.  The provisions of subsection 1 do not apply if, pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).

      Sec. 8.  1.  A retail distributor shall maintain a logbook.

      2.  At the time of a sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee; and

      (d) The date and time of the sale or transfer.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card that provides a photograph and is issued by the Government of the United States or the government of this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his name in the logbook; and

      (b) The retail distributor determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in section 11 of this act, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of sections 2 to 11, inclusive, of this act, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

      Sec. 9.  If a retail distributor violates any provision of section 6, 7 or 8 of this act, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive.

 


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ê2007 Statutes of Nevada, Page 3125 (Chapter 518, AB 148)ê

 

      Sec. 10.  1.  Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire:

      (a) During any calendar day more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or

      (b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      2.  The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.

      3.  A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:

      (a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and

      (b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 11.  Any person who knowingly or intentionally enters a false statement or representation in a logbook is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 11.5.  1.  Except as otherwise provided in subsection 2, a person who knowingly possesses or disposes of methamphetamine manufacturing waste is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  A person does not violate subsection 1 if the person:

      (a) Possesses or disposes of the methamphetamine manufacturing waste pursuant to state or federal laws regulating the storage, cleanup or disposal of waste products from unlawful methamphetamine manufacturing;

      (b) Has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste; or

      (c) Possesses or disposes of methamphetamine manufacturing waste that had previously been disposed of by another person on the person’s property in violation of subsection 1.

      3.  As used in this section:

      (a) “Disposes of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.

      (b) “Methamphetamine manufacturing waste” means chemical waste or debris, used in or resulting from:

 


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ê2007 Statutes of Nevada, Page 3126 (Chapter 518, AB 148)ê

 

             (1) The manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

             (2) The grinding, soaking or otherwise breaking down of a substance that is a precursor for the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine.

      Sec. 11.7.  NRS 453.322 is hereby amended to read as follows:

      453.322  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act, it is unlawful for a person to knowingly or intentionally:

      (a) Manufacture or compound a controlled substance other than marijuana.

      (b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana [:] , or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

             (1) Any chemical identified in subsection 4; or

             (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.

Ê The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates any provision of subsection 1 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 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

      3.  The court shall not grant probation to a person convicted pursuant to this section.

      4.  The following chemicals are identified for the purposes of subsection 1:

      (a) Acetic anhydride.

      (b) Acetone.

      (c) N-Acetylanthranilic acid, its esters and its salts.

      (d) Anthranilic acid, its esters and its salts.

      (e) Benzaldehyde, its salts, isomers and salts of isomers.

      (f) Benzyl chloride.

      (g) Benzyl cyanide.

      (h) 1,4-Butanediol.

      (i) 2-Butanone (or methyl ethyl ketone or MEK).

      (j) Ephedrine, its salts, isomers and salts of isomers.

      (k) Ergonovine and its salts.

      (l) Ergotamine and its salts.

      (m) Ethylamine, its salts, isomers and salts of isomers.

      (n) Ethyl ether.

      (o) Gamma butyrolactone.

      (p) Hydriodic acid, its salts, isomers and salts of isomers.

 


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      (q) Hydrochloric gas.

      (r) Iodine.

      (s) Isosafrole, its salts, isomers and salts of isomers.

      (t) Lithium metal.

      (u) Methylamine, its salts, isomers and salts of isomers.

      [(u)] (v) 3,4-Methylenedioxy-phenyl-2-propanone.

      [(v)] (w) N-Methylephedrine, its salts, isomers and salts of isomers.

      [(w)] (x) Methyl isobutyl ketone (MIBK).

      [(x)] (y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

      [(y)] (z) Nitroethane, its salts, isomers and salts of isomers.

      [(z)] (aa) Norpseudoephedrine, its salts, isomers and salts of isomers.

      [(aa)] (bb) Phenylacetic acid, its esters and its salts.

      [(bb)] (cc) Phenylpropanolamine, its salts, isomers and salts of isomers.

      [(cc)] (dd) Piperidine and its salts.

      [(dd)] (ee) Piperonal, its salts, isomers and salts of isomers.

      [(ee)] (ff) Potassium permanganate.

      [(ff)] (gg) Propionic anhydride, its salts, isomers and salts of isomers.

      [(gg)] (hh) Pseudoephedrine, its salts, isomers and salts of isomers.

      [(hh)] (ii) Red phosphorous.

      [(ii)] (jj) Safrole, its salts, isomers and salts of isomers.

      [(jj)] (kk) Sodium metal.

      (ll) Sulfuric acid.

      [(kk)] (mm) Toluene.

      Sec. 12.  NRS 453.553 is hereby amended to read as follows:

      453.553  1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act, any person who violates section 6, 7, 8 or 11.5 of this act, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  As used in [this section and NRS 453.5531, 453.5532 and 453.5533:] NRS 453.553 to 453.5533, inclusive:

      (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

      (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

      (c) “Substitute” means a substance which:

             (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

             (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

      Sec. 13.  NRS 453.5531 is hereby amended to read as follows:

      453.5531  1.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:

 


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      (a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.

      (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.

      (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.

      2.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.

      (b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.

      3.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.

      (b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.

      4.  Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.

      5.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of section 6, 7, 8 or 11.5 of this act, to a civil penalty in an amount not to exceed $250,000 for each violation.

      Sec. 14.  NRS 453.5533 is hereby amended to read as follows:

      453.5533  1.  A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11.5, inclusive, of this act occurs.

      2.  Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 40.140 is hereby amended to read as follows:

      40.140  1.  Except as otherwise provided in this section [, anything] :

      (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property [, including, without limitation, a] ;

 


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      (b) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog [as defined in NRS 453.043,] ; or

      (c) A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

             (1) Which has not been deemed safe for habitation by a governmental entity; or

             (2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog,

Ê is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

      2.  It is presumed:

      (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

      (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      3.  A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      4.  As used in this section [, “shooting] :

      (a) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (b) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (c) “Shooting range” means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

      Sec. 17.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the State.

 


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      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted as a gaming activity;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

      (e) Wherein a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog [as defined in NRS 453.043] is unlawfully sold, served, stored, kept, manufactured, used or given away; or

      (f) Where vagrants resort,

Ê is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

Ê is a public nuisance.

      4.  A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by a governmental entity and:

      (a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or

      (b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      5.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      [5.] 6.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

 


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      (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      [6.] 7.  As used in this section [, “shooting] :

      (a) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (b) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (c) “Shooting range” has the meaning ascribed to it in NRS 40.140.

      Sec. 18.  NRS 244.3603 is hereby amended to read as follows:

      244.3603  1.  Each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the unincorporated area of the county;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the unincorporated area of the county and any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, by the sheriff or other person authorized to issue a citation of the existence on his property of nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the district attorney for legal action; and

             (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and action is necessary to avoid serious threat to the public welfare or the safety or health of the occupants of the property, the court may order the county to secure and close the property until the nuisance is abated and may:

      (a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

      (b) Order the owner to pay the county for the cost incurred by the county in abating the condition; and

      (c) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the county to abate the chronic nuisance, the board may make the expense a special assessment against the property upon which the chronic nuisance is located or occurring.

 


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the board may make the expense a special assessment against the property upon which the chronic nuisance is located or occurring. The special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      5.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 90-day period on the property . [;]

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 90-day period on the property or within 100 feet of the property . [;]

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS . [; or]

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog . [as defined in NRS 453.043.]

             (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                   (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                   (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (d) “Nuisance activity” means:

             (1) Criminal activity;

             (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

             (3) Violations of building codes, housing codes or any other codes regulating the health or safety of occupants of real property;

             (4) Excessive noise and violations of curfew; or

             (5) Any other activity, behavior or conduct defined by the board to constitute a public nuisance.

      [(c)] (e) “Person associated with the property” means:

             (1) The owner of the property;

             (2) The manager or assistant manager of the property;

             (3) The tenant of the property; or

             (4) A person who, on the occasion of a nuisance activity, has:

                   (I) Entered, patronized or visited;

                   (II) Attempted to enter, patronize or visit; or

                   (III) Waited to enter, patronize or visit,

Ê the property or a person present on the property.

 


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ê2007 Statutes of Nevada, Page 3133 (Chapter 518, AB 148)ê

 

      Sec. 19.  NRS 244.363 is hereby amended to read as follows:

      244.363  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.

      Sec. 20.  NRS 266.335 is hereby amended to read as follows:

      266.335  The city council may:

      1.  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, determine by ordinance what shall be deemed nuisances.

      2.  Provide for the abatement, prevention and removal of the nuisances at the expense of the person creating, causing or committing the nuisances.

      3.  Provide that the expense of removal is a lien upon the property upon which the nuisance is located. The lien must:

      (a) Be perfected by recording with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

      (b) Be coequal with the latest lien thereon to secure the payment of general taxes.

      (c) Not be subject to extinguishment by the sale of any property because of the nonpayment of general taxes.

      (d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

      4.  Provide any other penalty or punishment of persons responsible for the nuisances.

      Sec. 21.  NRS 268.412 is hereby amended to read as follows:

      268.412  Except as otherwise provided in subsection 3 of NRS 40.140 and subsection [5] 6 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.

      Sec. 22.  NRS 268.4124 is hereby amended to read as follows:

      268.4124  1.  The governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to:

      (a) Seek the abatement of a chronic nuisance that is located or occurring within the city;

      (b) If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

      (c) If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, by the city police or other person authorized to issue a citation, of the existence on his property of two or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the city attorney for legal action; and

 


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             (2) Afforded an opportunity for a hearing before a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      3.  If the court finds that a chronic nuisance exists and emergency action is necessary to avoid immediate threat to the public health, welfare or safety, the court shall order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first, and may:

      (a) Impose a civil penalty of not more than $500 per day for each day that the condition was not abated after the date specified in the notice by which the owner was required to abate the condition;

      (b) Order the owner to pay the city for the cost incurred by the city in abating the condition;

      (c) If applicable, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

      (d) Order any other appropriate relief.

      4.  In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance, the governing body may make the expense a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      5.  As used in this section:

      (a) A “chronic nuisance” exists:

             (1) When three or more nuisance activities exist or have occurred during any 30-day period on the property . [;]

             (2) When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property . [;]

             (3) When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS . [; or]

             (4) When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor [as defined in NRS 453.086] or controlled substance analog . [as defined in NRS 453.043.]

             (5) When a building or place was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

                   (I) The building or place has not been deemed safe for habitation by a governmental entity; or

                   (II) All materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

 


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certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      (d) “Nuisance activity” means:

             (1) Criminal activity;

             (2) The presence of debris, litter, garbage, rubble, abandoned or junk vehicles or junk appliances;

             (3) Excessive noise and violations of curfew; or

             (4) Any other activity, behavior or conduct defined by the governing body to constitute a public nuisance.

      [(c)] (e) “Person associated with the property” means a person who, on the occasion of a nuisance activity, has:

             (1) Entered, patronized or visited;

             (2) Attempted to enter, patronize or visit; or

             (3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

      Sec. 23.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 24, 25 and 26 of this act.

      Sec. 24.  As used in this section and sections 25 and 26 of this act, “product that is a precursor to methamphetamine” means a product which contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.

      Sec. 25.  A person shall not sell or transfer to an ultimate user in the course of any business, or engage in the business of selling to ultimate users, a product that is a precursor to methamphetamine, unless the person is a pharmacy.

      Sec. 26.  1.  Except as otherwise provided in subsection 2, if a pharmacy becomes aware of any unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine while the product is under the control of the pharmacy, the pharmacy must:

      (a) Make an oral report to the Department of Public Safety at the earliest practicable opportunity after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine; and

      (b) Submit a written report to the Department of Public Safety within 15 days after the pharmacy becomes aware of the unusual or excessive loss or disappearance of the product that is a precursor to methamphetamine.

      2.  If an unusual or excessive loss or disappearance of a product that is a precursor to methamphetamine occurs while the product is being transported to a pharmacy, the pharmacy is not required to comply with the provisions of subsection 1.

      3.  A report required by subsection 1 must include, without limitation, a description of the circumstances surrounding the loss or disappearance and may be in substantially the following form:

 


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ê2007 Statutes of Nevada, Page 3136 (Chapter 518, AB 148)ê

 

LOSS REPORT

 

License number:..............................................................................................

Name:................................................................................................................

Business address:............................................................................................

City:...................................................................................................................

State:..................................................................................................................

Zip:.....................................................................................................................

Business phone:...............................................................................................

Date of loss:......................................................................................................

Type of loss:.....................................................................................................

Description of circumstances:......................................................................

 

      4.  As used in this section, “unusual or excessive loss or disappearance” means a loss or disappearance for which a report would be required under 21 U.S.C. § 830(b)(1), and any regulations adopted pursuant thereto, if the pharmacy were subject to the requirements of 21 U.S.C. § 830(b)(1) and any regulations adopted pursuant thereto.

      Sec. 27.  This act becomes effective on August 1, 2007.

________

 

CHAPTER 519, AB 232

Assembly Bill No. 232–Assemblymen Leslie, Buckley, Horne, McClain, Oceguera, Allen, Anderson, Arberry, Atkinson, Beers, Bobzien, Claborn, Conklin, Denis, Gerhardt, Hogan, Kihuen, Kirkpatrick, Koivisto, Mabey, Manendo, Mortenson, Munford, Ohrenschall, Parks, Parnell, Pierce, Segerblom and Smith

 

Joint Sponsors: Senators Wiener, Titus, Care, Coffin, Lee, McGinness, Nolan, Schneider and Woodhouse

 

CHAPTER 519

 

AN ACT relating to health; providing for certain information relating to pharmacies and the prices of commonly prescribed prescription drugs to be made available to consumers; requiring the Department of Health and Human Services to perform certain activities and adopt certain regulations; providing for the imposition of an administrative penalty under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill defines the term “pharmacy” for the purposes of the bill. As defined, the term excludes institutional pharmacies. (NRS 639.0085) Section 3 of this bill requires the organization that the Department of Health and Human Services determines to be the organization in the State with the largest membership of represented retail merchants, to prepare a list of not less than 100 prescription drugs, including generic equivalents, that are most commonly prescribed to residents of this State.

 


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ê2007 Statutes of Nevada, Page 3137 (Chapter 519, AB 232)ê

 

      Section 4 of this bill requires certain pharmacies to provide certain contact information to the Department. Section 5 of this bill requires the Department to present on its Internet website: (1) the contact information provided by the pharmacies to the Department; and (2) the usual and customary price that the pharmacies charge for the prescription drugs set forth on the list prepared pursuant to section 3, so that consumers may compare the prices currently being charged by those pharmacies for those prescription drugs. The Department is allowed to obtain the usual and customary prices charged by the pharmacies from claims reported by the pharmacies to the Medicaid program.

      Section 6 of this bill requires the Department to ensure that the information is presented to consumers in such a manner that the prices charged by pharmacies for the relevant prescription drugs may be easily compared. Section 7 of the bill clarifies that the Department and its members, officers and employees are not liable in the event that information fails to be provided to consumers or in the event that incorrect information is provided to consumers. Section 8 of this bill requires the Department to adopt certain regulations.

      Section 9 of this bill allows the Department to accept grants, donations, gifts and other public and private money to carry out the provisions of this bill. Section 9 also requires the Department to determine at the beginning of each fiscal year whether sufficient money is available to fund one or more components of the programs and duties of the Department relating to sections 2-10 of this bill and, if sufficient money is not available, to suspend temporarily a component of the programs for which money is lacking.

      Section 10 of this bill provides that if a pharmacy is required to provide information to the Department pursuant to section 4 and the pharmacy, without good cause, fails to do so or fails to do so in a timely manner, the Department may impose an administrative penalty of up to $500 for each day on which such a failure occurs.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, “pharmacy” means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.

      Sec. 3.  The organization with the largest membership in this State which represents the interests of retail merchants, as determined by the Department, shall:

      1.  Prepare a list of not less than the 100 brand name prescription drugs or generic equivalents most commonly prescribed to residents of this State; and

      2.  At least once each calendar year, update the list prepared pursuant to subsection 1 and transmit the list to the Department.

      Sec. 4.  1.  Except as otherwise provided in subsections 2 and 3, each pharmacy shall, in accordance with the regulations adopted pursuant to section 8 of this act, provide to the Department:

      (a) Information that a consumer may use to locate, contact or otherwise do business with the pharmacy, including, without limitation:

             (1) The name of the pharmacy;

             (2) The physical address of the pharmacy; and

 


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ê2007 Statutes of Nevada, Page 3138 (Chapter 519, AB 232)ê

 

             (3) The phone number of the pharmacy;

      (b) If the pharmacy maintains an electronic mail address, the electronic mail address of the pharmacy; and

      (c) If the pharmacy maintains an Internet website, the Internet address of that website.

      2.  If a pharmacy is not located within the State of Nevada, the pharmacy may, but is not required to, provide to the Department the information described in subsection 1.

      3.  If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the parent company or corporation may provide to the Department the information described in subsection 1.

      Sec. 5.  1.  Except as otherwise provided in subsection 2, the Department shall:

      (a) Place or cause to be placed on the Internet website maintained by the Department the information provided by each pharmacy pursuant to section 4 of this act;

      (b) Ensure that the information provided by each pharmacy pursuant to section 4 of this act and placed on the Internet website maintained by the Department is organized so that each individual pharmacy has its own separate entry on that website; and

      (c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to section 3 of this act and that is stocked by the pharmacy:

             (1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of section 6 of this act; and

             (2) Is updated not less frequently than once each calendar quarter.

Ê Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.

      2.  If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.

      3.  The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:

      (a) In the form of paper records;

      (b) Through the use of a telephonic system; or

      (c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.

      4.  As used in this section, “usual and customary price” means the usual and customary charges that a provider charges to the general public for a drug, as described in 42 C.F.R. § 447.331.

      Sec. 6.  1.  Except as otherwise provided in this section, the Department shall ensure that the list of prescription drugs prepared pursuant to section 3 of this act and the information that pharmacies and the Department provide and obtain pursuant to sections 4 and 5 of this act are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:

 


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the Department provide and obtain pursuant to sections 4 and 5 of this act are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:

      (a) Pharmacies located within the same city, county or zip code in which the consumer resides;

      (b) Internet pharmacies; and

      (c) Pharmacies that provide mail order service to residents of Nevada.

Ê The requirements of paragraphs (b) and (c) apply only to the extent that information regarding such pharmacies is made available to the Department.

      2.  As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865.

      Sec. 7.  The Department and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in:

      1.  The failure to provide to consumers information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act; or

      2.  The providing to consumers of incorrect information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act.

      Sec. 8.  The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 2 to 10, inclusive, of this act. Such regulations must provide for, without limitation:

      1.  Notice to consumers stating that:

      (a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, including, without limitation, the prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to section 3 of this act, the Department is unable to guarantee the accuracy of such information;

      (b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website maintained by a pharmacy, the Department is unable to guarantee the accuracy of any information made available on the Internet website maintained by the pharmacy; and

      (c) The Department advises consumers to contact a pharmacy directly to verify the accuracy of any information regarding the pharmacy which is made available to consumers pursuant to sections 2 to 10, inclusive, of this act;

      2.  Procedures adopted cooperatively with the Office of the Governor to direct consumers who have questions regarding the program described in sections 2 to 10, inclusive, of this act to contact the Office for Consumer Health Assistance in the Office of the Governor;

      3.  Provisions in accordance with which the Department will allow an Internet link to the information provided by each pharmacy pursuant to section 4 of this act and made available on the Department’s Internet website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

 


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website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

      (a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and

      (b) Nonprofit organizations and advocacy groups;

      4.  Procedures pursuant to which consumers and pharmacies may report to the Department that information made available to consumers pursuant to sections 2 to 10, inclusive, of this act is inaccurate;

      5.  The form and manner in which pharmacies are to provide to the Department the information described in section 4 of this act; and

      6.  Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:

      (a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or

      (b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.

      Sec. 9.  1.  On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to sections 2 to 10, inclusive, of this act.

      2.  The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.

      3.  The Department may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 10.  If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to section 4 of this act or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.

      Sec. 11.  NRS 639.2802 is hereby amended to read as follows:

      639.2802  [Prescription] In addition to any applicable requirements set forth in sections 2 to 10, inclusive, of this act, prescription price information must be made available, upon request, by a pharmacist or practitioner who dispenses drugs.

      Sec. 12.  NRS 639.28025 is hereby amended to read as follows:

      639.28025  [Every] In addition to any applicable requirements set forth in sections 2 to 10, inclusive, of this act, every practitioner who dispenses drugs shall post on the premises in a place conspicuous to customers and easily accessible and readable by customers a notice, provided by the Board, advising customers that a price list of drugs and professional services is available to them upon request.

      Sec. 13.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 3141 (Chapter 519, AB 232)ê

 

      Sec. 14.  1.  This section and section 9 of this act become effective upon passage and approval.

      2.  Sections 1 to 8, inclusive, 10, 11 and 12 of this act become effective on October 1, 2007.

________

 

CHAPTER 520, SB 547

Senate Bill No. 547–Committee on Legislative Operations and Elections

 

CHAPTER 520

 

AN ACT relating to programs for public employees; making various changes regarding the management of the Public Employees’ Benefits Program; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      The Governmental Accounting Standards Board is an independent body which establishes standards of financial accounting and reporting for state and local governmental agencies. The Board has issued Statements 43 and 45, which require governmental employers to report as liabilities those postemployment benefits, other than pensions, that have not yet been funded.

      This bill creates the State Retirees’ Health and Welfare Benefits Fund, an irrevocable trust fund to be administered by the Board of the Public Employees’ Benefits Program. Section 4 of this bill creates the Retirees’ Fund and specifies its purpose. Sections 5 and 6 of this bill specify how money is to be paid into the Retirees’ Fund, invested and paid out of the Retirees’ Fund.

      Section 10.3 of this bill clarifies that a local government is required to pay the subsidy for the cost of coverage under the Public Employees’ Benefits Program for its retirees who join the Program subsequent to retirement, such as by reinstatement. (NRS 287.023) Section 18 of this bill makes this requirement apply retroactively to October 1, 2003, which was the date on which the requirement to pay such subsidies became effective.

      Sections 11.5 and 13 of this bill prohibit members of the Board of the Public Employees’ Benefits Program and the Executive Officer of the Program from participating in certain business enterprises or investments. (NRS 287.041, 287.0424) Section 13 also requires gubernatorial approval of the employment of the Executive Officer. Section 12 of this bill authorizes the Board of the Program to meet in closed session with its legal counsel in certain circumstances. (NRS 287.0415) Section 14 of this bill changes the title of the Accounting Officer to Chief Financial Officer. (NRS 287.0426)

      Section 17 of this bill changes the manner in which the subsidies to be paid in connection with the Program are calculated. (NRS 287.046)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  “Program Fund” means the Fund for the Public Employees’ Benefits Program created pursuant to NRS 287.0435.

      Sec. 3.  “Retirees’ Fund” means the State Retirees’ Health and Welfare Benefits Fund created pursuant to section 4 of this act.

      Sec. 4.  1.  The State Retirees’ Health and Welfare Benefits Fund is hereby created as an irrevocable trust fund.

 


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      2.  The purpose of the Retirees’ Fund is to account for the financial assets designated to offset the portion of the current and future costs of health and welfare benefits paid pursuant to subsection 2 of NRS 287.046.

      Sec. 5.  1.  The money in the Retirees’ Fund must not be used or appropriated for any purpose incompatible with the policies of the Program, as expressed in NRS 287.0402 to 287.049, inclusive, and sections 2 to 10, inclusive, of this act.

      2.  The Retirees’ Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices and the laws of this State which may include, without limitation, investment in the Retirement Benefits Investment Fund established pursuant to section 5 of Senate Bill No. 457 of this session.

      3.  The Board has the exclusive control of the administration and investment of the Retirees’ Fund.

      4.  The following money must be deposited in the Retirees’ Fund:

      (a) All money appropriated by the Legislature to the Retirees’ Fund;

      (b) All money provided for the purpose of offsetting the portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046;

      (c) All money accruing to the Retirees’ Fund from all other sources; and

      (d) Any other money provided to the Program for the payment of other health and welfare benefits for current and future state retirees pursuant to NRS 287.046.

      5.  The interest and income earned on the money in the Retirees’ Fund, after deducting any applicable charges, must be credited to the Retirees’ Fund.

      6.  Any money remaining in the Retirees’ Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Retirees’ Fund must be carried forward.

      Sec. 6.  1.  The money in the Retirees’ Fund must be expended by the Board for the purpose of:

      (a) Offsetting a portion of the costs of the health and welfare benefits for current and future state retirees pursuant to NRS 287.046; and

      (b) Paying such other expenses as by law may be paid from the Retirees’ Fund.

      2.  Money designated for the purposes set forth in subsection 1 must be withdrawn from the Retirees’ Fund and deposited in the Program Fund as necessary.

      3.  The money in the Retirees’ Fund belongs to the officers, employees and retirees of this State in aggregate and is to be held in trust by the Board. Neither the State nor the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State, nor any single officer, employee or retiree of any such entity has any right to the money in the Retirees’ Fund.

      Sec. 7.  No officer, employee or retiree of this State has any inherent right to benefits provided pursuant to NRS 287.0402 to 287.049, inclusive.

      Sec. 8.  The Board shall provide to the Department of Administration and to the Interim Retirement and Benefits Committee of the Legislature, created by NRS 218.5373:

 


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      1.  An annual audit of the Retirees’ Fund to be conducted by an independent certified public accountant;

      2.  An annual report concerning the Retirees’ Fund; and

      3.  An independent biennial certified actuarial valuation and report of the State’s health and welfare benefits for current and future state retirees, which are provided for the purpose of developing the annual required contribution pursuant to the statements issued by the Governmental Accounting Standards Board.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 10.3.  NRS 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage or join the Public Employees’ Benefits Program to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who joins the Public Employees’ Benefits Program upon retirement pursuant to subsection 1 or continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and his dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or not to join the Public Employees’ Benefits Program, as the case may be.

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      (b) Shall pay the same portion of the cost of coverage under the Public Employees’ Benefits Program for retired persons who [join] participate in the Program [upon retirement] pursuant to subsection 1 , subsection 5 of NRS 287.045 or subsection 1 of NRS 287.0475 as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Program.

 


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NRS 287.045 or subsection 1 of NRS 287.0475 as the State pays pursuant to subsection 2 of NRS 287.046 for persons retired from state service who have continued to participate in the Program.

      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 10.7.  NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, or for coverage under the Public Employees’ Benefits Program, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State to accept any such coverage or to assign his wages or salary in payment of premiums or contributions therefor.

      Sec. 11.  NRS 287.0402 is hereby amended to read as follows:

      287.0402  As used in NRS 287.0402 to 287.049, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.0406, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 11.5.  NRS 287.041 is hereby amended to read as follows:

      287.041  1.  There is hereby created the Board of the Public Employees’ Benefits Program. The Board consists of nine members appointed as follows:

      (a) One member who is a professional employee of the Nevada System of Higher Education, appointed by the Governor upon consideration of any recommendations of organizations that represent employees of the Nevada System of Higher Education.

      (b) One member who is retired from public employment, appointed by the Governor upon consideration of any recommendations of organizations that represent retired public employees.

      (c) Two members who are employees of the State, appointed by the Governor upon consideration of any recommendations of organizations that represent state employees.

      (d) One member appointed by the Governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.

      (e) One member who is employed by this State in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor.

 


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portfolio investment strategies or employee benefits programs appointed by the Governor. The Governor may appoint the Executive Officer of the Public Employees’ Retirement System to fill this position.

      (f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor.

      (g) The Director of the Department of Administration or his designee.

      2.  Of the six persons appointed to the Board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees’ benefits, insurance, risk management, health care administration or business administration.

      3.  Each person appointed as a member of the Board must:

      (a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the Program for at least 1 year before his appointment;

      (b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the Program or a retired public employee who is a participant in the Program; [and]

      (c) Not be an elected officer of the State of Nevada or any of its political subdivisions [.] ; and

      (d) Not participate in any business enterprise or investment:

            (1) With any vendor or provider to the Program; or

             (2) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.

      4.  Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the Board is 4 years and until his successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the Governor. If a member loses the requisite qualifications within the last 12 months of his term, the member may serve the remainder of his term. Members are eligible for reappointment. A vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment.

      5.  The appointed members of the Board serve at the pleasure of the Governor. If the Governor wishes to remove a member from the Board for any reason other than malfeasance or misdemeanor, the Governor shall provide the member with written notice which states the reason for and the effective date of the removal.

      Sec. 12.  NRS 287.0415 is hereby amended to read as follows:

      287.0415  1.  A majority of the members of the Board constitutes a quorum for the transaction of business.

      2.  The Governor shall designate one of the members of the Board to serve as the Chairman.

      3.  The Board shall meet at least once every calendar quarter and at other times upon the call of the Chairman.

      4.  The Board may meet in closed session:

 


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      (a) To discuss matters relating to personnel;

      (b) With investment counsel to plan future investments or establish investment objectives and policies;

      (c) With legal counsel to receive advice upon claims or suits by or against the Program;

      (d) To prepare a request for a proposal or other solicitation for bids to be released by the Board for competitive bidding; or

      [(c)] (e) As otherwise provided pursuant to chapter 241 of NRS.

      5.  Except as otherwise provided in this subsection, if the Board causes a meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS, the Board shall post a transcript of the meeting on its Internet website not later than 30 days after the meeting. The Board shall post a transcript of a closed session of the Board on its Internet website when the Board determines that the matters discussed no longer require confidentiality and, if applicable, the person whose character, conduct, competence or health was discussed in the closed session has consented to the posting.

      6.  As used in this section, “request for a proposal” has the meaning ascribed to it in subsection 8 of NRS 333.020.

      Sec. 13.  NRS 287.0424 is hereby amended to read as follows:

      287.0424  1.  The Board shall employ an Executive Officer [who] , subject to the approval of the Governor. The Executive Officer is in the unclassified service of the State and serves at the pleasure of the Board. The Board may delegate to the Executive Officer the exercise or discharge of any power, duty or function vested in or imposed upon the Board.

      2.  The Executive Officer must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the Board; and

      (b) Possess at least 5 years’ experience in a high-level administrative or executive capacity in the field of insurance, management of employees’ benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.

      3.  Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment [with] :

      (a) With any vendor or provider to the Program [.] ; or

      (b) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.

      4.  The Executive Officer is entitled to an annual salary fixed by the Board. The salary of the Executive Officer is exempt from the limitations set forth in NRS 281.123.

      Sec. 14.  NRS 287.0426 is hereby amended to read as follows:

      287.0426  1.  The Executive Officer may appoint a Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer, Information Technology Systems Officer and Executive Assistant, who are in the unclassified service of the State and serve at the pleasure of the Executive Officer. The appointment and dismissal of the Quality Control Officer are subject to the approval of the Board.

 


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ê2007 Statutes of Nevada, Page 3147 (Chapter 520, SB 547)ê

 

      2.  The Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer and Information Technology Systems Officer must each be a graduate of a 4-year college or university with a degree that is appropriate to their respective responsibilities or possess equivalent experience as determined by the Board.

      3.  The Quality Control Officer, Operations Officer, [Accounting] Chief Financial Officer, Information Technology Systems Officer and Executive Assistant are entitled to annual salaries fixed by the Board. The salaries of these employees are exempt from the limitations set forth in NRS 281.123.

      4.  The Executive Officer may employ such staff in the classified service of the State as are necessary for the performance of his duties, within limits of legislative appropriations or other available money.

      Sec. 15.  NRS 287.0433 is hereby amended to read as follows:

      287.0433  The Board may establish a plan of life, accident or health insurance and provide for the payment of contributions into the Program Fund , [for the Public Employees’ Benefits Program established pursuant to NRS 287.0435,] a schedule of benefits and the disbursement of benefits from the Program Fund. The Board may reinsure any risk or any part of such a risk.

      Sec. 16.  NRS 287.0435 is hereby amended to read as follows:

      287.0435  1.  All money received for the Program, including, without limitation, premiums and contributions, must be deposited in the State Treasury for credit to the Fund for the Public Employees’ Benefits Program which is hereby created as a trust fund. The Program Fund must be accounted for as an internal service fund. Payments into and disbursements from the Program Fund must be so arranged as to keep the Program Fund solvent at all times.

      2.  The money in the Program Fund must be invested as other money of the State is invested and any income from investments paid into the Program Fund for the benefit of the Program Fund.

      3.  Disbursements from the Program Fund must be made as any other claims against the State are paid.

      4.  The State Treasurer may charge a reasonable fee for his services in administering the Program Fund, but the State, the State General Fund and the State Treasurer are not liable to the Program Fund for any loss sustained by the Program Fund as a result of any investment made on behalf of the Program Fund or any loss sustained in the operation of the Program.

      5.  The Board shall deposit any disbursement received from the Program Fund into an interest-bearing checking account in a bank or credit union qualified to receive deposits of public money. Claims that have been submitted to the Program and approved must be paid from the account, and any refund of such a claim must be deposited into the account.

      Sec. 17.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  Except as otherwise provided in subsection 6, any active state officer or employee who elects to participate in the Program may participate, and the participating state agency that employs the officer or employee shall pay the State’s share of the cost of the premiums or contributions for the Program from money appropriated or authorized as provided in NRS 287.044. State officers and employees who elect to participate in the Program must authorize deductions from their compensation for the payment of premiums or contributions for the Program. Any deduction from the compensation of a state officer or employee for the payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.

 


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ê2007 Statutes of Nevada, Page 3148 (Chapter 520, SB 547)ê

 

payment of a premium or contribution for health insurance must be based on the actual amount of the premium or contribution after deducting any amount of the premium or contribution which is paid by the participating state agency that employs the employee.

      2.  The Department of [Personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the Program for persons who have retired with state service and who elect to participate in the Program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:

      (a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.

      (b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of state service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 1A.310 or 286.300, of the base amount provided by law for that fiscal year.] Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who have retired with state service and who elect to participate in the Program. The money so assessed must be deposited into the Retirees’ Fund and must be based upon an amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for state retirees. Except as otherwise provided in subsection 3, the portion to be paid to the Program from the Retirees’ Fund on behalf of persons who have retired with state service and who elect to participate in the Program must be equal to a portion of the cost for each retiree and his dependents who are enrolled in the plan, as defined for each year of the plan by the Program. For persons who retire from the State on or after January 1, 1994, adjustments to the portion paid by the Retirees’ Fund must be as follows:

      (a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

      (b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      3.  If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund . [for the Public Employees’ Benefits Program created pursuant to NRS 287.0435.]

      4.  For the purposes of subsection 2:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of state service.

 


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ê2007 Statutes of Nevada, Page 3149 (Chapter 520, SB 547)ê

 

      5.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the Program after his death.

      6.  A Senator or Assemblyman who elects to participate in the Program shall pay the entire premium or contribution for his insurance.

      Sec. 18.  1.  This section and sections 1 to 10, inclusive, and 11 to 17, inclusive, of this act become effective on July 1, 2007.

      2.  Sections 10.3 and 10.7 of this act become effective on July 1, 2007, and apply retroactively to October 1, 2003.

________

 

CHAPTER 521, SB 237

Senate Bill No. 237–Senators Lee, Hardy and Beers

 

Joint Sponsor: Assemblyman Settelmeyer

 

CHAPTER 521

 

AN ACT relating to concealed firearms; authorizing a person who holds a permit to carry a concealed firearm issued by another state to carry a concealed firearm in this State under certain circumstances; revising various other provisions governing permits to carry concealed firearms; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows a person who is not a resident of the State of Nevada to apply to the sheriff of any county in this State for a permit to carry a concealed firearm in this State. (NRS 202.3657) Section 2 of this bill allows a person who is not a resident of this State to carry a concealed firearm in this State if the person has a permit to carry a concealed firearm issued by a state included in the list prepared by the Department of Public Safety pursuant to section 3 of this bill. In addition, a person who becomes a resident of this State and who possesses a permit issued by a state whose permits are recognized in this State may not carry a concealed firearm unless the person has been issued a permit from the sheriff of the county in which he resides within 60 days of becoming a resident of this State.

      Section 3 of this bill requires the Department to prepare a list of states which have been determined, on or before July 1 of each year: (1) to have requirements for the issuance of a permit to carry a concealed firearm that are substantially similar to or more stringent than the requirements of this State; and (2) to have an electronic database which identifies each individual who holds a valid permit to carry a concealed firearm issued by the state and which a law enforcement officer of this State may access at any time. A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list.

      Under existing law, a person may obtain a permit to carry in a concealed manner one or more firearms of a specific make, model and caliber if the person meets certain requirements. (NRS 202.3657, 202.366) Section 5 of this bill revises the manner in which a person may apply for a permit to carry a firearm in a concealed manner so that the person is only required to list on an application each specific semiautomatic firearm to which the permit will pertain, but may receive a permit for all revolvers owned by him without listing each revolver specifically. Similarly, sections 5 and 6 of this bill provide that the permit issued will include a statement as to whether the permit authorizes a person to carry revolvers in a concealed manner.

 


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ê2007 Statutes of Nevada, Page 3150 (Chapter 521, SB 237)ê

 

permit authorizes a person to carry revolvers in a concealed manner. In addition, if the permit authorizes a person to carry any semiautomatic firearm in a concealed manner, the make, model and caliber of each semiautomatic firearm to which the permit pertains will be listed on the permit.

      Existing law provides for the expiration of a permit to carry a concealed firearm. If the holder of the permit is a resident of this State, the permit expires on the fifth anniversary of the birthday of the holder which is nearest to the date of issuance or renewal. If the holder is a resident of another state, the permit expires on the third anniversary of the birthday of the holder which is nearest to the date of issuance or renewal. (NRS 202.366) Section 6 of this bill provides that all permits to carry a concealed firearm expire 5 years after the date of issuance.

      Section 7 of this bill revises existing law so that for the renewal of a permit to carry a concealed firearm a person is required to demonstrate competence with: (1) a revolver, if the permit authorizes the person to carry revolvers; (2) each semiautomatic firearm to which the application pertains, if the permit authorizes the person to carry any semiautomatic firearm; or (3) a revolver and each semiautomatic firearm to which the permit pertains, if the permit authorizes the person to carry both revolvers and specific semiautomatic firearms. (NRS 202.3677)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to section 3 of this act may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act.

      2.  A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to section 3 of this act may not carry a concealed firearm in this State if the person:

      (a) Becomes a resident of this State; and

      (b) Has not been issued a permit from the sheriff of the county in which he resides within 60 days after becoming a resident of this State.

      3.  A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.

      Sec. 3.  1.  On or before July 1 of each year, the Department shall:

      (a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to or more stringent than the requirements set forth in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act.

      (b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.

      (c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list.

 


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ê2007 Statutes of Nevada, Page 3151 (Chapter 521, SB 237)ê

 

      (d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.

      2.  The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.

      Sec. 4.  NRS 202.3653 is hereby amended to read as follows:

      202.3653  As used in NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

      2.  “Department” means the Department of Public Safety.

      3.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive [.] , and sections 2 and 3 of this act.

      4.  “Revolver” means a firearm that has a revolving cylinder with several chambers, which, by pulling the trigger or setting the hammer, are aligned with the barrel, placing the bullet in a position to be fired. The term includes, without limitation, a single or double derringer.

      5.  “Semiautomatic firearm” means a firearm which:

      (a) Uses the energy of the explosive in a fixed cartridge to extract a fixed cartridge and chamber a fresh cartridge with each single pull of the trigger; and

      (b) Requires the release of the trigger and another pull of the trigger for each successive shot.

      Sec. 5.  NRS 202.3657 is hereby amended to read as follows:

      202.3657  1.  Any person who is a resident of this State may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, one or more specific semiautomatic firearms , or for revolvers and one or more specific semiautomatic firearms, as applicable, to any person who is qualified to possess [each] the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is 21 years of age or older;

      (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (c) Demonstrates competence with revolvers, each specific semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm, as applicable, by presenting a certificate or other documentation to the sheriff which shows that he:

             (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

             (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of revolvers, each semiautomatic firearm to which the application pertains , or revolvers and each such semiautomatic firearm and in the laws of this State relating to the use of a firearm.

 


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ê2007 Statutes of Nevada, Page 3152 (Chapter 521, SB 237)ê

 

use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless he determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

      3.  The sheriff shall deny an application or revoke a permit if he determines that the applicant or permittee:

      (a) Has an outstanding warrant for his arrest.

      (b) Has been judicially declared incompetent or insane.

      (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

      (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, he has been:

             (1) Convicted of violating the provisions of NRS 484.379; or

             (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

      (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

      (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

      (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1) Withholding of the entry of judgment for his conviction of a felony; or

             (2) Suspension of his sentence for the conviction of a felony.

      (j) Has made a false statement on any application for a permit or for the renewal of a permit.

      4.  The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of his application until the final disposition of the charges against him.

 


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ê2007 Statutes of Nevada, Page 3153 (Chapter 521, SB 237)ê

 

application until the final disposition of the charges against him. If a permittee is acquitted of the charges against him, or if the charges are dropped, the sheriff shall restore his permit without imposing a fee.

      6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

      (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b) A complete set of the applicant’s fingerprints taken by the sheriff or his agent;

      (c) A front-view colored photograph of the applicant taken by the sheriff or his agent;

      (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

      (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

      (f) The make, model and caliber of each semiautomatic firearm to which the application pertains [;] , if any;

      (g) Whether the application pertains to revolvers;

      (h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

      [(h)] (i) A nonrefundable fee set by the sheriff not to exceed $60.

      Sec. 6.  NRS 202.366 is hereby amended to read as follows:

      202.366  1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act, or the regulations adopted pursuant thereto.

      2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

      3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 


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ê2007 Statutes of Nevada, Page 3154 (Chapter 521, SB 237)ê

 

NEVADA CONCEALED FIREARM PERMIT

 

County.................................................                     Permit Number.........................

Expires..................................................                     Date of Birth.............................

Height...................................................                     Weight........................................

Name....................................................                     Address......................................

City.......................................................                     Zip...............................................

                                                                                         Photograph

Signature..............................................

Issued by..............................................

Date of Issue.......................................

Make, model and caliber of each authorized semiautomatic firearm , if any   

Revolvers authorized......................................... Yes ............................... No

 

      4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires [:

      (a) If the permittee was a resident of this State at the time the permit was issued, on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      (b) If the permittee was not a resident of this State at the time the permit was issued, on the third anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      5.  If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.] 5 years after the date on which it is issued.

      Sec. 7.  NRS 202.3677 is hereby amended to read as follows:

      202.3677  1.  If a permittee wishes to renew his permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.

      2.  An application for the renewal of a permit must:

      (a) Be completed and signed under oath by the applicant;

      (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; and

      (c) Be accompanied by a nonrefundable fee of $25.

Ê If a permittee fails to renew his permit on or before the date of expiration of his permit, the application for renewal must include an additional nonrefundable late fee of $15.

      3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with [a] revolvers, with each semiautomatic firearm to which the application pertains, or with revolvers and each such semiautomatic firearm, as applicable, by successfully completing a course prescribed by the sheriff renewing the permit.

      Sec. 8.  NRS 202.3687 is hereby amended to read as follows:

      202.3687  1.  The provisions of NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act do not prohibit a sheriff from issuing a temporary permit . [to carry a concealed firearm.] A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.

 


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ê2007 Statutes of Nevada, Page 3155 (Chapter 521, SB 237)ê

 

      2.  Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.

      Sec. 9.  The Department of Public Safety shall prepare the initial list required by section 3 of this act and provide a copy of that list to each law enforcement agency in this State not later than October 1, 2007.

      Sec. 10.  The amendatory provisions of sections 5 and 6 of this act apply to a permit to carry a concealed firearm that is issued on or after October 1, 2007.

________

 

CHAPTER 522, SB 239

Senate Bill No. 239–Committee on Human Resources and Education

 

CHAPTER 522

 

AN ACT relating to education; creating the P-16 Advisory Council to assist in the coordination between elementary, secondary and higher education in this State; providing for the organization, powers and duties of the Council; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      This bill creates the P-16 Advisory Council to assist in the coordination between elementary, secondary and higher education in this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9 inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Council” means the P-16 Advisory Council created by section 6 of this act.

      Sec. 4.  “System” means the Nevada System of Higher Education.

      Sec. 5.  The Legislature hereby finds and declares that:

      1.  The Board of Regents of the University of Nevada was created by the Nevada Constitution and empowered to control and manage the affairs of the Nevada System of Higher Education.

      2.  Matters relating to education are vitally important to the future of the State of Nevada, its economy and the general welfare of its residents. In light of the growing enrollments in Nevada’s system of public elementary and secondary education and Nevada’s system of public higher education, it is important that the Nevada Legislature, the Board of Regents, the State Board and the Executive Branch of the State Government work together as partners in developing a needed public agenda to advance education in this State.

 


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ê2007 Statutes of Nevada, Page 3156 (Chapter 522, SB 239)ê

 

Board and the Executive Branch of the State Government work together as partners in developing a needed public agenda to advance education in this State.

      3.  The development of an agenda to advance education should be carried out with a view toward seeking input from all parties who have a stake in the advancement of education in this State.

      4.  Coordination between elementary, secondary and higher education must be strengthened to ensure that pupils in the 12th grade are prepared adequately to make the transition from secondary education to higher education or to careers. To this end, a body should be established to coordinate education from the level of preschool through the completion of a bachelor’s degree, to be known as the P-16 Advisory Council.

      Sec. 6.  1.  The P-16 Advisory Council, consisting of 11 voting members, is hereby created to assist in the coordination between elementary, secondary and higher education in this State. The Chancellor of the System and the Superintendent of Public Instruction serve as ex officio nonvoting members of the Council.

      2.  The Governor shall appoint five members to the Council as follows:

      (a) One representative of higher education in this State.

      (b) One representative of elementary and secondary education in this State.

      (c) One representative of private business in this State.

      (d) One member who is a parent of a pupil enrolled in a public school in this State or of a student enrolled in the System. The parent must not be employed by the board of trustees of a school district, the governing body of a charter school or the System.

      (e) One person that meets the qualifications of paragraph (a), (b) or (c).

      3.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint two members to the Council as follows:

      (a) One member of the House of the Legislature that he represents.

      (b) One person who meets the qualifications of paragraph (a), (b) or (c) of subsection 2.

      4.  The Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one member to the Council who is a member of the general public.

      5.  The members of the Council shall elect a Chairman and a Vice Chairman from among the members of the Council. After the initial term, the Chairman and Vice Chairman serve in the office for a term of 2 years beginning July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the members of the Council shall elect a member to fill the vacancy to serve for the remainder of the unexpired term of that office.

      6.  After the initial terms, each member of the Council serves a term of 3 years commencing on July 1 of the year of appointment. Such members may be reappointed for one additional term. A vacancy on the Council must be filled for the remainder of the unexpired term in the same manner as the original appointment. Each member of the Council continues in office until his successor is appointed.

      7.  Any member who is absent from two consecutive meetings of the Council without permission of the Chairman:

 


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ê2007 Statutes of Nevada, Page 3157 (Chapter 522, SB 239)ê

 

      (a) Forfeits his office; and

      (b) Must be replaced as provided in subsection 6 for the filling of a vacancy before the end of a term.

      Sec. 7.  1.  The Council shall meet at least once each calendar quarter and as frequently as necessary to afford the general public, representatives of governmental agencies and representatives of organizations an opportunity to present information and recommendations relating to the coordination between elementary, secondary and postsecondary education, including, without limitation, the Nevada Youth Legislative Issues Forum created by section 3 of Senate Bill No. 247 of this Session and the Advisory Council on Parental Involvement established by section 3 of Senate Bill No. 143 of this Session.

      2.  The Council shall comply with the provisions of chapter 241 of NRS.

      3.  For each day or portion of a day during which the members of the Council attend a meeting of the Council or are otherwise engaged in the business of the Council:

      (a) The members who are Legislators are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207, payable from the Legislative Fund.

      (b) The members who are appointed by the Majority Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable from the Legislative Fund.

      (c) The members who are appointed by the Governor are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, payable as other claims against the State are paid.

      4.  The Office of the Governor shall provide:

      (a) Administrative support;

      (b) Equipment; and

      (c) Office space,

Ê as is necessary for the Council to carry out its duties.

      5.  The Board of Regents of the University of Nevada and the Department shall provide technical assistance to the Council upon the request of the Chairman.

      Sec. 8.  1.  The Council shall address:

      (a) Methods to increase the number of students who enroll in programs at the System to become teachers, including, without limitation, financial aid programs for students enrolled in those programs.

      (b) Methods to ensure the successful transition of pupils from:

             (1) Elementary school to middle school;

             (2) Middle school to high school; and

             (3) High school to postsecondary education,

Ê including, without limitation, methods to increase parental involvement.

      (c) Methods to ensure that the data information system for the pupils enrolled in the public schools is linked, to the extent feasible, with the data information system for the students enrolled in the System.

 


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ê2007 Statutes of Nevada, Page 3158 (Chapter 522, SB 239)ê

 

      (d) Methods to ensure that the course work, standards and assessments required of pupils in secondary schools is aligned with the workload expected of students at the postsecondary level.

      (e) Methods to ensure collaboration among the business community, members of the academic community and political leaders to set forth a process for developing strategies for the growth and diversification of the economy of this State.

      (f) Policies relating to workforce development, employment needs of private employers and workforce shortages in occupations critical to the education, health and safety of the residents of this State.

      (g) Other matters within the scope of the Council as determined necessary or appropriate by the Council.

      2.  The Council may:

      (a) Establish committees to assist the Council in carrying out its duties.

      (b) Apply for any available grants and may accept any gifts, grants and donations from any source to assist the Council in carrying out its duties.

      Sec. 9.  On or before June 30 of each year, the Council shall submit a written report of its activities and any recommendations to the:

      1.  Board of Regents of the University of Nevada;

      2.  State Board;

      3.  Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature;

      4.  Legislative Committee on Education; and

      5.  Governor.

      Sec. 10.  1.  On or before September 1, 2007, the Governor shall, pursuant to subsection 2 of section 6 of this act, appoint to the P-16 Advisory Council created by that section:

      (a) Three members to terms commencing on September 1, 2007, and expiring on June 30, 2009.

      (b) Two members to terms commencing on September 1, 2007, and expiring on June 30, 2010.

      2.  On or before September 1, 2007, the Majority Leader of the Senate and the Speaker of the Assembly shall, pursuant to subsection 3 of section 6 of this act, each appoint to the P-16 Advisory Council created by that section:

      (a) One member of the House of the Legislature that he represents to a term commencing on September 1, 2007, and expiring on June 30, 2010.

      (b) One member who meets the requirements of paragraph (a), (b) or (c) of subsection 2 of section 6 of this act to a term commencing on September 1, 2007, and expiring on June 30, 2009.

      3.  On or before September 1, 2007, the Minority Leader of the Senate shall, pursuant to subsection 4 of section 6 of this act, appoint to the P-16 Advisory Council created by that section one member to a term commencing on September 1, 2007, and expiring on June 30, 2009.

      4.  On or before September 1, 2007, the Minority Leader of the Assembly shall, pursuant to subsection 4 of section 6 of this act, appoint to the P-16 Advisory Council created by that section one member to a term commencing on September 1, 2007, and expiring on June 30, 2010.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 3159ê

 

CHAPTER 523, SB 573

Senate Bill No. 573–Senators Raggio and Titus

 

Joint Sponsors: Assemblymen Buckley, Mabey and Oceguera

 

CHAPTER 523

 

AN ACT relating to elections; requiring rooms or space in public buildings to be provided without charge for certain purposes; revising provisions governing the scheduling of precinct meetings in relation to the county and state conventions of major political parties; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a county or city clerk may designate any public or private building, or portion thereof, as the site for any polling place during an election. (NRS 293.437) Section 1 of this bill requires public buildings, or portions thereof, to be made available without charge to state or county central committees of major political parties in presidential election years and at other times for the purpose of conducting precinct meetings.

      Existing law provides for the conduct of precinct meetings of major political parties, including the number of delegates that each voting precinct may send to the county convention of a major political party, the dates on which precinct meetings are to be held, the requirements for giving notice of such dates and the manner in which vacancies in the position of delegate are to be filled. (NRS 293.133-293.137) Sections 2-4 of this bill provide that the rules of the party govern such circumstances.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      Upon application by a state or county central committee, if a room or space is available in a building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, the public officer or employee in control of the room or space shall grant the use of the room or space to the state or county central committee without charge in a presidential election year for any purpose, including conducting precinct meetings, without charge during other years for the purpose of conducting precinct meetings and at a charge not greater than that made for its use by other groups during other years for purposes other than conducting precinct meetings.

      Sec. 2.  NRS 293.133 is hereby amended to read as follows:

      293.133  1.  The number of delegates from each voting precinct in each county to the county convention of any major political party for that county must be determined pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, in proportion to the number of registered voters of that party residing in the precinct as follows:

      (a) In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct is entitled to one delegate for each 5 registered voters.

 


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ê2007 Statutes of Nevada, Page 3160 (Chapter 523, SB 573)ê

 

      (b) In counties in which the total number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct is entitled to one delegate for each 8 registered voters.

      (c) In counties in which the total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct is entitled to one delegate for each 10 registered voters.

      (d) In counties in which the total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct is entitled to one delegate for each 15 registered voters.

      (e) In counties in which the total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct is entitled to one delegate for each 20 registered voters or major fraction thereof.

      (f) In counties in which the total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct is entitled to one delegate for each 30 registered voters or major fraction thereof.

      (g) In counties in which the total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct is entitled to one delegate for each 35 registered voters or major fraction thereof.

      (h) In counties in which the total number of registered voters of that party has exceeded 4,000, each precinct is entitled to one delegate for each 50 registered voters or major fraction thereof.

      2.  [The] Upon the request of a state or county central committee, the county clerk shall determine the number of registered voters of each party in each precinct as of [January 1 of each year in which a convention is held,] :

      (a) The date 90 days before the date set for the precinct meeting pursuant to NRS 293.135 and shall notify the Secretary of State and the county central committee of each major political party of those numbers within [30] 10 days after the determinative date. If consistent with the rules of the party, the number determined pursuant to this paragraph must be used to determine the number of delegates to the county convention.

      (b) Any date other than the date set forth in paragraph (a).

      3.  In all counties, if consistent with the rules of the party, every precinct is entitled to at least one delegate to each county convention.

      Sec. 3.  NRS 293.135 is hereby amended to read as follows:

      293.135  1.  The county central committee of each major political party in each county shall have a precinct meeting of the registered voters of the party residing in each voting precinct entitled to delegates in the county convention called and held on [or before the fifth day preceding] the dates set for the precinct meeting by the respective state central committees in each year in which a general election is held.

      2.  The meeting must be held in one of the following places in the following order of preference:

      (a) Any public building within the precinct if the meeting is for a single precinct, or any public building which is in reasonable proximity to the precincts and will accommodate a meeting of two or more precincts; or

      (b) Any private building within the precinct or one of the precincts.

      3.  The county central committee shall give notice of the meeting by:

      (a) Posting in a conspicuous place outside the building where the meeting is to be held ; [at least 5 days before the date of the meeting;] and

 


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ê2007 Statutes of Nevada, Page 3161 (Chapter 523, SB 573)ê

 

      (b) Publishing [at least 5 days before the date of meeting] in one or more newspapers of general circulation in the precinct, published in the county, if any are so published [.] ,

Ê on the date set for giving notice of the meeting by the respective state central committees.

      4.  The notice must be printed in conspicuous display advertising format of not less than 10 column inches, and must include the following language, or words of similar import:

 

Notice to All Voters Registered

in the (State Name of Major Political Party)

 

      Nevada state law requires each major political party, in every year during which a general election is held, to have a precinct meeting held for each precinct. All persons registered in the party and residing in the precinct are entitled to attend the precinct meeting. Delegates to your party’s county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your precinct meeting.

      5.  The notice must specify:

      (a) The date, time and place of the meeting; and

      (b) The number of delegates to the county convention to be chosen at the meeting.

      Sec. 4.  NRS 293.137 is hereby amended to read as follows:

      293.137  1.  Promptly at the time and place appointed therefor, the mass meeting must be convened and organized for each precinct. If access to the premises appointed for any such meeting is not available, the meeting may be convened at an accessible place immediately adjacent thereto. The meeting must be conducted openly and publicly and in such a manner that it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the party’s county convention must be elected [by ballot.] pursuant to the rules of the state central committee of that party. In presidential election years, the election of delegates may be a part of expressing preferences for candidates for the party’s nomination for President of the United States if the rules of the party permit such conduct. The result of the election must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.

      2.  At the precinct meetings, the delegates and alternates to the party’s convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the vacancy must be filled pursuant to the rules of the party, if the rules of the party so provide, or, if the rules of the party do not so provide, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.

 


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ê2007 Statutes of Nevada, Page 3162 (Chapter 523, SB 573)ê

 

delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.

      3.  The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate must be in duplicate. The original must be given to the elected delegate, and the duplicate transmitted to the county central committee.

      4.  All duplicates must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates must be seated without dispute.

      5.  Each [major political party shall adopt written rules not less than 95 days before the date set by the] state central committee [or fixed by law for the county convention or by January 1 of the calendar year of the national convention or conference, whichever is earlier,] shall adopt written rules governing, but not limited to, the following procedures:

      (a) The selection, rights and duties of committees of a convention;

      (b) Challenges to credentials of delegates; and

      (c) Majority and minority reports of committees.

      Sec. 5.  NRS 293.163 is hereby amended to read as follows:

      293.163  1.  In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention shall be held 30 days [prior to] before the date set for the national convention and the county conventions shall be held 60 days [prior to] before the date set for the national convention.

      2.  Delegates to such conventions shall be selected in the same manner as prescribed in NRS 293.130 to 293.160, inclusive, [except as to time,] and each convention shall have and exercise all of the power granted it under NRS 293.130 to 293.160, inclusive. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 


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ê2007 Statutes of Nevada, Page 3163ê

 

CHAPTER 524, SB 490

Senate Bill No. 490–Committee on Legislative Operations and Elections

 

CHAPTER 524

 

AN ACT relating to the Legislature; revising provisions governing bill draft requests authorized for various requesters; revising provisions governing the prefiling, reprinting and transmittal of bills and resolutions; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law specifies the number of bill drafts various entities may request the Legislative Counsel to prepare. (NRS 218.240-218.255) Sections 3-9 and 15 of this bill revise those provisions to limit the number of measures that may be requested by most nonlegislative requesters and increasing the number of measures that may be requested by certain Legislators. Sections 3, 4 and 8-10 of this bill require that certain measures requested on behalf of nonlegislative requesters be prefiled on or before December 15 preceding session.

      Section 9 of this bill also removes the provision that requires all bill drafts requested by the Supreme Court to be delivered to the Chairman of the Committee on Judiciary of each House.

      Under existing law, when a prefiled bill or joint resolution is printed it must contain the standing committee to which the bill or joint resolution is proposed to be referred. The appropriate standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate House during the preceding regular session of the Legislature. (NRS 218.278) Section 11 of this bill removes the specified method for determining the appropriate standing committee.

      Section 16 of this bill provides that sections 3-10 and 15 of this bill expire by limitation on June 30, 2011.

      Under existing law, when a bill is amended it must be reprinted unless two-thirds of the members present vote to dispense with the reprinting of the bill. Existing law limits the circumstances under which such a vote may be taken to only those cases involving bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill. (NRS 218.320, 218.330) Sections 12 and 13 of this bill remove such limiting circumstances.

      Under existing law, when a bill or resolution is passed by both Houses it must be immediately transmitted by the Secretary of the Senate or the Chief Clerk of the Assembly to the Legislative Counsel to be enrolled. (NRS 218.340) Section 14 of this bill revises that requirement by providing that the bill or resolution must be transmitted to the Legislative Counsel.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2.  (Deleted by amendment.)

      Sec. 3.  NRS 218.2413 is hereby amended to read as follows:

      218.2413  1.  Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.

 


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ê2007 Statutes of Nevada, Page 3164 (Chapter 524, SB 490)ê

 

has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.

      2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

      3.  The board of county commissioners of a county whose population:

      (a) Is 400,000 or more shall not request the preparation of more than [15] 4 legislative measures pursuant to subsection 1 for a regular legislative session. [At least one of the measures must be recommended by a metropolitan police department that is located within the county.]

      (b) Is 100,000 or more but less than 400,000 shall not request the preparation of more than [10] 2 legislative measures pursuant to subsection 1 for a regular legislative session.

      (c) Is less than 100,000 shall not request the preparation of more than [2 legislative measures] 1 legislative measure pursuant to subsection 1 for a regular legislative session.

      4.  The board of trustees of a school district in a county whose population:

      (a) Is 400,000 or more shall not request the preparation of more than [5] 2 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is [100,000 or more but] less than 400,000 shall not request the preparation of more than [2 legislative measures pursuant to subsection 1 for a regular legislative session.

      (c) Is less than 100,000 shall not request the preparation of more than] 1 legislative measure pursuant to subsection 1 for a regular legislative session.

      5.  The city council of a city whose population:

      (a) Is 100,000 or more shall not request the preparation of more than [4] 3 legislative measures pursuant to subsection 1 for a regular legislative session.

      (b) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

      7.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

      Sec. 4.  NRS 218.2415 is hereby amended to read as follows:

      218.2415  1.  [An association of elected officials may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no more than 5 legislative measures for a regular legislative session.

      2.]  An association of counties or cities may directly request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare no more than [20] 5 legislative measures for a regular legislative session.

 


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ê2007 Statutes of Nevada, Page 3165 (Chapter 524, SB 490)ê

 

      [3.] 2.  A request for the drafting of a legislative measure pursuant to this section must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature.

      3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

      Sec. 5.  NRS 218.2423 is hereby amended to read as follows:

      218.2423  1.  Each:

      (a) Incumbent Assemblyman may request the drafting of not more than [5] 6 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 5 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding the commencement of a regular session of the Legislature.

      (b) Incumbent Senator may request the drafting of not more than [10] 12 legislative measures submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature and not more than 10 legislative measures submitted to the Legislative Counsel after September 1 but on or before December 15 preceding the commencement of a regular session of the Legislature.

      (c) Newly elected Assemblyman may request the drafting of not more than 5 legislative measures submitted to the Legislative Counsel on or before December 15 preceding the commencement of a regular session of the Legislature.

      (d) Newly elected Senator may request the drafting of not more than 10 legislative measures submitted to the Legislative Counsel on or before December 15 preceding the commencement of a regular session of the Legislature.

      2.  In addition to the number authorized pursuant to subsection 1:

      (a) The chairman of each standing committee of the immediately preceding regular legislative session, or a person designated in the place of the chairman by the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, may request before the date of the general election preceding the commencement of the next regular legislative session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 15 legislative measures that were referred to the respective standing committee during the immediately preceding regular legislative session.

      (b) A person designated after a general election as a chairman of a standing committee for the next regular legislative session, or a person designated in the place of a chairman by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular legislative session, may request on or before December 15 preceding the commencement of the next regular legislative session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chairman or designee.

      3.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

 


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ê2007 Statutes of Nevada, Page 3166 (Chapter 524, SB 490)ê

 

      Sec. 6.  NRS 218.2429 is hereby amended to read as follows:

      218.2429  1.  The Chairman of the Legislative Commission may request the drafting of not more than 15 legislative measures before the commencement of a regular legislative session, with the approval of the Commission, which relate to the affairs of the Legislature or its employees, including measures requested by the legislative staff.

      2.  The Chairman of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the commencement of a regular legislative session, with the approval of the Committee, which relate to matters within the scope of the Committee.

      3.  Except as otherwise provided by specific statute or concurrent resolution of the Legislature:

      (a) Any other legislative committee created by statute may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.

      (b) An interim committee which conducts a study or investigation pursuant to subsection 5 of NRS 218.682 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.

      (c) Any other committee established by the Legislature which conducts an interim legislative study may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study.

Ê Except as otherwise provided in NRS 218.635, measures authorized to be requested pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding the commencement of a regular session of the Legislature unless the Legislative Commission authorizes submitting a request after that date.

      4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      Sec. 7.  NRS 218.245 is hereby amended to read as follows:

      218.245  1.  Except as otherwise provided in subsections 2 and 5, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the Executive Branch of the State Government or for a county, school district or city before a regular session of the Legislature unless the request is approved by the Governor or a designated member of his staff, or the governing body of the county, school district or city, and transmitted to the Legislative Counsel on or before September 1 preceding the convening of the session.

      2.  A request for proposed legislation may be submitted to the Legislative Counsel pursuant to subsection 3 [or 4] of NRS 218.2455 by the [Board of Regents of the University of Nevada,] Lieutenant Governor, Secretary of State, Attorney General, State Controller or State Treasurer without the approval of the Governor or a designated member of his staff.

      3.  After November 1, preceding a legislative session, the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall give full priority to the preparation of proposed legislation requested by members of the Legislature.

      4.  The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the Legislature except as authorized by statute or joint rule of the Legislature.

 


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ê2007 Statutes of Nevada, Page 3167 (Chapter 524, SB 490)ê

 

legislation during any regular session of the Legislature except as authorized by statute or joint rule of the Legislature.

      5.  [An agency or officer of the Executive Branch of the State Government or a county, school district or city, shall not request a Legislator to have legislation drafted on its behalf.] The Legislative Commission, when the Legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the Legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1 of this section and subsection 1 [,] or 3 [or 4] of NRS 218.2455.

      Sec. 8.  NRS 218.2455 is hereby amended to read as follows:

      218.2455  1.  The Governor or his designated representative may transmit to the Legislative Counsel on or before September 1 preceding a regular legislative session not more than [125] 100 requests for the drafting of legislative measures approved on behalf of state agencies, boards and departments of the Executive Branch of the State Government pursuant to subsection 1 of NRS 218.245.

      2.  The Department of Administration may request on or before the 19th day of the legislative session, without limitation, the drafting of as many legislative measures as are necessary to implement the budget proposed by the Governor and to provide for the fiscal management of the State. In addition to the requests otherwise authorized pursuant to this section, the Governor may request the drafting of not more than 5 legislative measures on or before the 19th day of the legislative session to propose his legislative agenda.

      3.  The following constitutional officers may request the drafting of not more than the following numbers of legislative measures on or before September 1 preceding a regular legislative session:

 

Lieutenant Governor.............................................................................. [2] 1

Secretary of State.................................................................................... [8] 5

State Treasurer......................................................................................... [5] 2

State Controller........................................................................................ [5] 2

Attorney General................................................................................ [25] 15

 

      4.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The [Board of Regents of the University of Nevada may request the drafting of not more than 5 legislative measures on behalf of the Nevada System of Higher Education on or before September 1 preceding a regular legislative session.] measures requested pursuant to subsections 1 and 3 must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

      Sec. 9.  NRS 218.247 is hereby amended to read as follows:

      218.247  1.  The Legislative Counsel and the Legal Division of the Legislative Counsel Bureau shall prepare and assist in the preparation of legislative measures at the request of the Supreme Court if the legislative measures are transmitted to the Legislative Counsel on or before September 1 preceding the commencement of the next regular session of the Legislature. The Supreme Court may transmit to the Legislative Counsel pursuant to this section not more than [16] 10 legislative measures on behalf of the Supreme Court .

 


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ê2007 Statutes of Nevada, Page 3168 (Chapter 524, SB 490)ê

 

of the Supreme Court . [and district courts of this State and not more than 4 legislative measures on behalf of the municipal courts and Justice Courts of this State.]

      2.  Every requested legislative measure must set forth the substance of the provisions desired or which may be needed with the reasons therefor.

      3.  [The Legislative Counsel shall transmit any legislative measure prepared pursuant to this section to the Chairman of the Committee on Judiciary of each House at the next regular session of the Legislature.] Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

      Sec. 10.  NRS 218.277 is hereby amended to read as follows:

      218.277  1.  Any member of the next succeeding regular session of the Legislature may request the Legislative Counsel to prefile any legislative bill or joint resolution that was requested by that Legislator for introduction in the next succeeding regular session of the Legislature.

      2.  A person designated as a chairman of a standing committee for the next succeeding regular session of the Legislature may request the Legislative Counsel to prefile on behalf of the committee any legislative bill or joint resolution within the jurisdiction of the committee for introduction in the next succeeding regular session of the Legislature.

      3.  Measures submitted for prefiling pursuant to NRS 218.2413, 218.2415, 218.2455 and 218.247 must be randomly divided in equal amounts between the Senate and the Assembly and prefiled on behalf of the appropriate standing committee.

      4.  Such bills and joint resolutions must be in such final and correct form for introduction in the Legislature as required by the Nevada Constitution and this chapter.

      [4.] 5.  The Legislative Counsel shall not prefile a bill or joint resolution requested by:

      (a) A member of the Legislature who is not a candidate for reelection until after the general election immediately preceding the regular session of the Legislature.

      (b) A member of the Legislature who is elected or reelected to his office at the general election immediately preceding the regular session of the Legislature until he is determined to have received the highest number of votes pursuant to the canvass of votes required by NRS 293.395.

      Sec. 11.  NRS 218.278 is hereby amended to read as follows:

      218.278  1.  The Legislative Counsel shall, upon receipt of requests for prefiling bills and joint resolutions, transmit those bills and resolutions that may be prefiled to the Secretary of the Senate or the Chief Clerk of the Assembly, as appropriate. The Secretary or Chief Clerk shall number the bills and joint resolutions consecutively in the same manner as during regular sessions of the Legislature and is responsible for the safekeeping of such bills and joint resolutions.

      2.  After a bill or joint resolution has been properly numbered, the Legislative Counsel shall cause the bill or joint resolution to be printed in the same manner as during regular sessions of the Legislature. The bill or joint resolution must contain:

 


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      (a) The name of the introducer;

      (b) The date on which it was prefiled;

      (c) If it was not requested by a member of the Legislature, the name of the entity that requested the preparation of the bill or joint resolution; and

      (d) The standing committee of the Senate or Assembly to which the bill or joint resolution is proposed to be referred. [The standing committee must be determined pursuant to the rules or recommendations for the referral of bills and joint resolutions adopted by the appropriate House during the preceding regular session of the Legislature.]

      3.  The number of copies to be printed must be determined by the Legislative Counsel, and the expenses of printing and mailing must be paid from the Legislative Fund.

      4.  The Legislative Counsel shall release copies of a prefiled bill or joint resolution to the public.

      Sec. 12.  NRS 218.320 is hereby amended to read as follows:

      218.320  All bills amended by either House shall be immediately reprinted. New matter shall be indicated by underscoring in the typewritten or other machine-produced copy and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten or other machine-produced copy and brackets or strike-out type in the printed copy. When a bill is amended in either House, the first or previous markings shall be omitted. However, [in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill,] the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present. If the reprinting is so dispensed with, the amendments may be inserted by hand in the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be.

      Sec. 13.  NRS 218.330 is hereby amended to read as follows:

      218.330  Whenever a bill or resolution which shall have been passed in one House shall be amended in the other, it shall immediately be reprinted as amended by the House making such amendment or amendments. Such amendment or amendments shall be attached to the bill or resolution so amended and endorsed “adopted” and such amendment or amendments, if concurred in by the House in which such bill or resolution originated, shall be endorsed “concurred in” and such endorsement shall be signed by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be. However, [in the cases of bills over 32 pages in length, amendments to the titles and preambles of bills, amendments to correct typographical errors, and other amendments which do not change the meaning, intent or significance of a bill,] the reprinting of the bill may be dispensed with on motion carried by a two-thirds majority of the members present, but such amendment must be concurred in by the House in which such bill originated. If the reprinting is so dispensed with, the amendments may be inserted by hand in the printed bill, but the authenticity of each amendment shall be established by endorsement, such endorsement to consist of initials signed on the margin near each amendment by the Secretary of the Senate or by the Chief Clerk of the Assembly, as the case may be.

 


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      Sec. 14.  NRS 218.340 is hereby amended to read as follows:

      218.340  When any bill or resolution is passed by both Houses, the Secretary of the Senate or the Chief Clerk of the Assembly shall [immediately] transmit the same to the Legislative Counsel to be enrolled, and shall take his receipt therefor. The receipt shall bear the date of delivery and shall give the bill or resolution number. The fact that the bill or resolution was received by the Legislative Counsel shall be noted as a part of the history of the bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the Governor, as provided by NRS 218.280 to 218.440, inclusive , [(] in all cases where it is required to be so delivered , [),] the fact of such delivery and the date thereof shall also be noted, over the signature of the Legislative Counsel, as a part of the history of the bill or resolution.

      Sec. 15.  NRS 218.2417 is hereby repealed.

      Sec. 16.  1.  This act becomes effective upon passage and approval.

      2.  Sections 3 to 10, inclusive, and 15 of this act expire by limitation on June 30, 2011.

________

 

CHAPTER 525, AB 510

Assembly Bill No. 510–Select Committee on Corrections, Parole, and Probation

 

CHAPTER 525

 

AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing the Director of the Department of Corrections to award greater amounts of credit against the sentence of offenders under certain circumstances; revising provisions relating to programs for the reentry of offenders and parolees into the community; providing for certain credits to be applied to a period of probation; revising provisions governing residential confinement for offenders who violate parole or probation; revising the additional penalty that must be imposed for the commission of certain crimes under certain circumstances; making various other changes pertaining to offenders; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill eliminates certain requirements that an offender must meet to be eligible for residential confinement and revises the prohibition against assigning a prisoner who has been convicted of a sexual offense to residential confinement by prohibiting the Director of the Department of Corrections from assigning a prisoner to a minimum security facility if the prisoner has ever been convicted of a sexual offense that is a felony. In addition, section 2 revises a provision which prohibits an offender from receiving residential confinement if the offender has ever been convicted of a violent crime by prohibiting an offender from receiving residential confinement if the offender has, within the immediately preceding 3 years, been convicted of a violent crime that is a felony. (NRS 209.392) Finally, section 2 provides that an offender who has been convicted of a category A or B felony is not eligible for residential confinement.

 


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      Existing law requires the Director to assign certain offenders who are abusers of alcohol or drugs to residential confinement. (NRS 209.429) Section 3 of this bill eliminates certain requirements that such an offender must meet for the Director to assign him to residential confinement.

      Section 5 of this bill increases from 10 days to 20 days the deduction from the sentence of an offender who engages in certain good behavior. In addition, section 5 increases by 30 days the deductions from the sentence of an offender who obtains certain educational achievements. Section 5 also provides that certain credits to the sentence of an offender convicted of certain category C, D or E felonies must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and from the maximum term imposed by the sentence. (NRS 209.4465) Section 6 of this bill increases from 10 days to 20 days the deduction from the sentence of a parolee who is current with any fee to defray the cost of his supervision and who is current with any restitution payments. (NRS 209.4475) Section 6.2 of this bill increases from 30 days to 60 days the deduction from the sentence of an offender who successfully completes a program of treatment for the abuse of alcohol or drugs. (NRS 209.448) Section 6.4 of this bill increases from 30 days to 60 days the deduction from the sentence of an offender who successfully completes a program of vocational education and training. (NRS 209.449)

      Section 7 of this bill revises the prohibition against assigning a prisoner who has been convicted of a sexual offense to a minimum security facility by prohibiting the Director from assigning a prisoner to such a facility if the prisoner has ever been convicted of a sexual offense that is a felony. In addition, section 7 revises the prohibition against assigning a prisoner who has committed a violent act during the previous year to a minimum security facility by prohibiting the Director from assigning a prisoner to such a facility if the prisoner has, within the preceding year, been convicted of a violent crime that is a felony. (NRS 209.481)

      Existing law allows the Director of the Department of Corrections to recommend an offender to a judicial program for reentry of offenders and parolees into the community. (NRS 209.4886) Section 7.5 of this bill provides that an offender is not eligible for a judicial program for reentry if the offender has, within the immediately preceding year, instead of 5 years, been convicted of a violent crime that is a felony. Existing law allows the Director to establish a program for reentry of offenders and parolees into the community. Section 8 of this bill revises a provision which provides that an offender is not eligible for the program if the offender has, within the immediately preceding 5 years, been convicted of a violent crime by providing that an offender is not eligible for the program if the offender has, within the immediately preceding year, been convicted of a violent crime that is a felony. (NRS 209.4888)

      Section 8.3 of this bill prohibits the State Board of Parole Commissioners from considering whether a prisoner has appealed the judgment of imprisonment for which the prisoner is being considered for parole when the Board determines whether to grant parole to a prisoner.

      Existing law provides that certain prisoners must be released on parole 12 months before the end of the prisoner’s maximum term of imprisonment. However, if the State Board of Parole Commissioners finds that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board may deny the parole. (NRS 213.1215) Section 8.55 provides that if the Board denies parole for this reason, the Board must provide the prisoner with a written statement of the reasons for the denial.

      Section 8.7 of this bill provides that a person who is sentenced to a period of probation for a felony and who engages in certain good behavior while on probation must be allowed a deduction from his period of probation of 20 days for each month he serves. (NRS 176A.500)

      Existing law authorizes the State Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to require the parolee to serve a term of residential confinement. (NRS 213.152) Section 8.6 of this bill authorizes the State Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to place the parolee in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months.

 


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Board of Parole Commissioners, in lieu of suspending the parole of a parolee who violates a condition of his parole and returning him to confinement in prison, to place the parolee in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months.

      If a person who has been placed on probation violates a condition of his probation, existing law authorizes a court, in lieu of causing the sentence imposed to be executed, to direct that the person be placed under the supervision of the Division of Parole and Probation of the Department of Public Safety and to require the person to serve a term of residential confinement. Section 8.8 of this bill authorizes the court, in lieu of causing the sentence imposed to be executed, to direct that the person be placed under the supervision of the Department of Corrections and to require the person to serve a term of confinement in a community correctional center, conservation camp, facility of minimum security or other place of confinement other than a prison for a period of not more than 6 months. (NRS 176A.660)

      Section 10 of this bill provides for retroactive application of the amendatory provisions of sections 5 and 8.7 to certain credits earned by offenders pursuant to NRS 209.4465 and 176A.500 in certain circumstances.

      Existing law provides that persons who commit certain crimes must be punished by the imposition of a penalty equal to and in addition to the term of imprisonment for the underlying crime. (NRS 193.161-193.1685) Sections 10-19 of this bill provide that the additional penalty for such crimes must be a minimum term of not less than 1 year and a maximum term of not more than 20 years, except that the additional term of imprisonment must not exceed the sentence imposed for the underlying crime. Moreover, sections 10-19 require a court to consider certain factors and, state on the record that the court considered those factors, when the court determines the length of the additional punishment to be imposed.

      Section 20 of this bill amends Assembly Bill No. 508 of this session to require the Advisory Commission on the Administration of Justice to identify and study issues relating to: (1) the application of the Open Meeting Law to the State Board of Pardons Commissioners and the State Board of Parole Commissioners; and (2) the operations of the Department of Corrections.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1(Deleted by amendment.)

      Sec. 2.  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] Demonstrated a willingness and ability to establish a position of employment in the community;

      (b) [Enrolled] Demonstrated a willingness and ability to enroll 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.

      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.

 


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ê2007 Statutes of Nevada, Page 3173 (Chapter 525, AB 510)ê

 

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)] (b) Has not performed the duties assigned to him in a faithful and orderly manner;

      [(d)] (c) Has [ever] been convicted of:

             (1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim [; or] within the immediately preceding 3 years;

             (2) A sexual offense [;

      (e)] that is punishable as a felony; or

             (3) A category A or B felony;

      (d) 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, 484.3795 or 484.37955; or

      [(f)] (e) 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.

      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

 


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      (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. 3.  NRS 209.429 is hereby amended to read as follows:

      209.429  1.  Except as otherwise provided in subsection 6, the Director shall assign an 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 the maximum term of his sentence if [:

      (a) The] the offender has:

             [(1)] (a) [Established] Demonstrated a willingness and ability to establish a position of employment in the community;

             [(2)] (b) [Enrolled] Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

            [(3)] (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 . [;

      (b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and

      (c) The Director believes that the offender will be able to:

             (1) Comply with the terms and conditions required under residential confinement; and

             (2) Complete successfully the remainder of the program of treatment while under residential confinement.

Ê If an offender assigned to the program of treatment pursuant to NRS 209.427 completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, 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.]

      2.  Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the Division of Parole and Probation a signed document stating that:

      (a) He will comply with the terms or conditions of his residential confinement; and

      (b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

 


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      3.  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 earned by him to reduce his sentence pursuant to this chapter 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 forfeiture of credits is final.

      4.  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.

      5.  A person 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.

      6.  The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.

      Sec. 4.  NRS 209.446 is hereby amended to read as follows:

      209.446  1.  Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

      (a) For the period he is actually incarcerated under sentence;

      (b) For the period he is in residential confinement; and

      (c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Ê a deduction of 10 days from his sentence for each month he serves.

      2.  In addition to the credit provided for in subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

 


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ê2007 Statutes of Nevada, Page 3176 (Chapter 525, AB 510)ê

 

      (a) For earning a general educational development certificate, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      3.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.

      4.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      5.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      6.  Credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.

      Sec. 5.  NRS 209.4465 is hereby amended to read as follows:

      209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

      (a) For the period he is actually incarcerated pursuant to his sentence;

      (b) For the period he is in residential confinement; and

      (c) For the period he is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Ê a deduction of [10] 20 days from his sentence for each month he serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate, [30] 60 days.

      (b) For earning a high school diploma, [60] 90 days.

      (c) For earning his first associate degree, [90] 120 days.

      3.  The Director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire [20] 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

 


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ê2007 Statutes of Nevada, Page 3177 (Chapter 525, AB 510)ê

 

offender who earns credit pursuant to this subsection is eligible to earn the entire [20] 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  [Credits] Except as otherwise provided in subsection 8, credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      8.  Credits earned pursuant to this section by an offender who has not been convicted of:

      (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;

      (b) A sexual offense that is punishable as a felony;

      (c) A violation of NRS 484.379, 484.3795 or 484.37955 that is punishable as a felony; or

      (d) A category A or B felony,

Ê apply to eligibility for parole and must be deducted from the minimum term imposed by the sentence until the offender becomes eligible for parole and must be deducted from the maximum term imposed by the sentence.

      Sec. 6.  NRS 209.4475 is hereby amended to read as follows:

      209.4475  1.  In addition to any credits earned pursuant to NRS 209.447, an offender who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life must be allowed for the period he is actually on parole a deduction of [10] 20 days from his sentence for each month he serves if:

      (a) He is current with any fee to defray the costs of his supervision pursuant to NRS 213.1076; and

      (b) He is current with any payment of restitution required pursuant to NRS 213.126.

      2.  In addition to any credits earned pursuant to subsection 1 and NRS 209.447, the Director may allow not more than 10 days of credit each month for an offender:

      (a) Who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life; and

      (b) Whose diligence in labor or study merits such credits.

      3.  An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.

      4.  Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.447, 209.448 and 209.449, be deducted from the maximum term imposed by the sentence.

      5.  The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.

 


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ê2007 Statutes of Nevada, Page 3178 (Chapter 525, AB 510)ê

 

      Sec. 6.2.  NRS 209.448 is hereby amended to read as follows:

      209.448  1.  An offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than [30] 60 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the Department and a person who is licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern pursuant to chapter 641C of NRS.

      2.  The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

      Sec. 6.4.  NRS 209.449 is hereby amended to read as follows:

      209.449  1.  An offender who has no serious infraction of the regulations of the Department, the terms and conditions of his residential confinement, or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of [30] 60 days from the maximum term of his sentence for the successful completion of:

      (a) A program of vocational education and training; or

      (b) Any other program approved by the Director.

      2.  If the offender completes such a program with meritorious or exceptional achievement, the Director may allow not more than 60 days of credit in addition to the [30] 60 days allowed for completion of the program.

      Sec. 7.  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, 484.3795, 484.37955, 488.420 and 488.427, 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 a sexual offense [;] that is punishable as a felony;

      (e) Has [committed an act of serious violence during the previous year;] , within the immediately preceding year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony; 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. 7.5.  NRS 209.4886 is hereby amended to read as follows:

      209.4886  1.  Except as otherwise provided in this section, if a judicial program has been established in the judicial district in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, refer the offender to the reentry court if:

      (a) The Director believes that the offender would participate successfully in and benefit from the judicial program;

      (b) The offender has demonstrated a willingness to:

 


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             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his crime; and

      (c) The offender is within 2 years of his probable release from prison, as determined by the Director.

      2.  Except as otherwise provided in this section, if the Director is notified by the reentry court pursuant to NRS 209.4883 that an offender should be assigned to the custody of the Division to participate in the judicial program, the Director shall assign the offender to the custody of the Division to participate in the judicial program for not longer than the remainder of his sentence.

      3.  The Director shall, by regulation, adopt standards setting forth which offenders are eligible to be assigned to the custody of the Division to participate in the judicial program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:

      (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (b) Has not performed the duties assigned to him in a faithful and orderly manner;

      (c) Has, within the immediately preceding [5 years,] year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

      (d) Has ever been convicted of a sexual offense [;] that is punishable as a felony; or

      (e) Has escaped or attempted to escape from any jail or correctional institution for adults , [; or

      (f) 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 pursuant to this section to participate in a judicial program.

      4.  The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the reentry court, the Division and the Department for the cost of their participation in a judicial program, to the extent of their ability to pay.

      5.  The reentry court may return the offender to the custody of the Department at any time for any violation of the terms and conditions imposed by the reentry court.

      6.  If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions imposed by the reentry court and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.

      7.  The assignment of an offender to the custody of the Division pursuant to this section shall be deemed:

 


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      (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.

      8.  An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a judicial program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 8.  NRS 209.4888 is hereby amended to read as follows:

      209.4888  1.  Except as otherwise provided in this section, if a correctional program has been established by the Director in the county in which an offender was sentenced to imprisonment, the Director may, after consulting with the Division, determine that an offender is suitable to participate in the correctional program if:

      (a) The Director believes that the offender would participate successfully in and benefit from the correctional program;

      (b) The offender has demonstrated a willingness to:

             (1) Engage in employment or participate in vocational rehabilitation or job skills training; and

             (2) Meet any existing obligation for restitution to any victim of his crime; and

      (c) The offender is within 2 years of his probable release from prison, as determined by the Director.

      2.  Except as otherwise provided in this section, if the Director determines that an offender is suitable to participate in the correctional program, the Director shall request that the Chairman of the State Board of Parole Commissioners assign the offender to the custody of the Division to participate in the correctional program. The Chairman may assign the offender to the custody of the Division to participate in the correctional program for not longer than the remainder of his sentence.

      3.  The Director shall, by regulation, adopt standards setting forth which offenders are suitable to participate in the correctional program pursuant to this section. The standards adopted by the Director must be approved by the Board and must provide that an offender who:

      (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

      (b) Has not performed the duties assigned to him in a faithful and orderly manner;

      (c) Has, within the immediately preceding [5 years,] year, been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;

      (d) Has ever been convicted of a sexual offense [;] that is punishable as a felony; or

      (e) Has escaped or attempted to escape from any jail or correctional institution for adults , [; or

 


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      (f) 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 pursuant to this section to participate in a correctional program.

      4.  The Director shall adopt regulations requiring offenders who are assigned to the custody of the Division pursuant to this section to reimburse the Division and the Department for the cost of their participation in a correctional program, to the extent of their ability to pay.

      5.  The Director may return the offender to the custody of the Department at any time for any violation of the terms and conditions agreed upon by the Director and the Chairman.

      6.  If an offender assigned to the custody of the Division pursuant to this section violates any of the terms or conditions agreed upon by the Director and the Chairman and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.

      7.  The assignment of an offender to the custody of the Division 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.

      8.  An offender does not have a right to be assigned to the custody of the Division pursuant to this section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a correctional program creates any right or interest in liberty or property or establishes a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 8.3.  NRS 213.10885 is hereby amended to read as follows:

      213.10885  1.  The Board shall adopt by regulation specific standards for each type of convicted person to assist the Board in determining whether to grant or revoke parole. The regulations must include standards for determining whether to grant or revoke the parole of a convicted person:

      (a) Who committed a capital offense.

      (b) Who was sentenced to serve a term of imprisonment for life.

      (c) Who was convicted of a sexual offense involving the use or threat of use of force or violence.

      (d) Who was convicted as a habitual criminal.

      (e) Who is a repeat offender.

      (f) Who was convicted of any other type of offense.

Ê The standards must be based upon objective criteria for determining the person’s probability of success on parole.

 


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      2.  In establishing the standards, the Board shall consider the information on decisions regarding parole that is compiled and maintained pursuant to NRS 213.10887 and all other factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. The other factors the Board considers must include, but are not limited to:

      (a) The severity of the crime committed;

      (b) The criminal history of the person;

      (c) Any disciplinary action taken against the person while incarcerated;

      (d) Any previous parole violations or failures;

      (e) Any potential threat to society or himself; and

      (f) The length of his incarceration.

      3.  In determining whether to grant parole to a prisoner, the Board shall not consider whether the prisoner has appealed the judgment of imprisonment for which the prisoner is being considered for parole.

      4.  The standards adopted by the Board must provide for a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      [4.] 5.  The Board shall make available to the public a sample of the form the Board uses in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.

      [5.] 6.  On or before January 1 of each even-numbered year, the Board shall review comprehensively the standards adopted by the Board. The review must include a determination of whether the standards are effective in predicting the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued. If a standard is found to be ineffective, the Board shall not use that standard in its decisions regarding parole and shall adopt revised standards as soon as practicable after the review.

      [6.] 7.  The Board shall report to each regular session of the Legislature:

      (a) The number and percentage of the Board’s decisions that conflicted with the standards;

      (b) The results and conclusions from the Board’s review pursuant to subsection [5;] 6; and

      (c) Any changes in the Board’s standards, policies, procedures, programs or forms that have been or will be made as a result of the review.

      Sec. 8.5.  NRS 213.120 is hereby amended to read as follows:

      213.120  1.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed before July 1, 1995, may be

paroled when he has served one-third of the definite period of time for which he has been sentenced pursuant to NRS 176.033, less any credits earned to reduce his sentence pursuant to chapter 209 of NRS.

      2.  Except as otherwise provided in NRS 213.1213 and as limited by statute for certain specified offenses, a prisoner who was sentenced to prison for a crime committed on or after July 1, 1995, may be paroled when he has served the minimum term of imprisonment imposed by the court. [Any] Except as otherwise provided in NRS 209.4465, any credits earned to reduce his sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term of imprisonment may reduce only the maximum term of imprisonment imposed and must not reduce the minimum term of imprisonment.

 


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his sentence pursuant to chapter 209 of NRS while the prisoner serves the minimum term of imprisonment may reduce only the maximum term of imprisonment imposed and must not reduce the minimum term of imprisonment.

      Sec. 8.55.  NRS 213.1215 is hereby amended to read as follows:

      213.1215  1.  Except as otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive sentence is still to be served, if a prisoner sentenced to imprisonment for a term of 3 years or more:

      (a) Has not been released on parole previously for that sentence; and

      (b) Is not otherwise ineligible for parole,

Ê he must be released on parole 12 months before the end of his maximum term, as reduced by any credits he has earned to reduce his sentence pursuant to chapter 209 of NRS. The Board shall prescribe any conditions necessary for the orderly conduct of the parolee upon his release.

      2.  Each parolee so released must be supervised closely by the Division, in accordance with the plan for supervision developed by the Chief pursuant to NRS 213.122.

      3.  If the Board finds, at least 2 months before a prisoner would otherwise be paroled pursuant to subsection 1, that there is a reasonable probability that the prisoner will be a danger to public safety while on parole, the Board may require the prisoner to serve the balance of his sentence and not grant the parole provided for in subsection 1. If, pursuant to this subsection, the Board does not grant the parole provided for in subsection 1, the Board shall provide to the prisoner a written statement of its reasons for denying parole.

      4.  If the prisoner is the subject of a lawful request from another law enforcement agency that he be held or detained for release to that agency, the prisoner must not be released on parole, but released to that agency.

      5.  If the Division has not completed its establishment of a program for the prisoner’s activities during his parole pursuant to this section, the prisoner must be released on parole as soon as practicable after the prisoner’s program is established.

      6.  For the purposes of this section, the determination of the 12-month period before the end of a prisoner’s term must be calculated without consideration of any credits he may have earned to reduce his sentence had he not been paroled.

      Sec. 8.6.  NRS 213.152 is hereby amended to read as follows:

      213.152  1.  Except as otherwise provided in subsection 6, if a parolee violates a condition of his parole, the Board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.

      2.  In ordering the parolee to a term of residential confinement, the Board shall:

      (a) Require [the] :

             (1) The parolee to be confined to his residence during the time he is away from his employment, community service or other activity authorized by the Division; and

      [(b) Require intensive]

 


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             (2) Intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement [.] ; or

      (b) Require the parolee to be confined to a facility of the Department of Corrections approved by the Board for a period not to exceed 6 months.

      3.  An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the parolee while inside his residence,

Ê must not be used.

      4.  The Board shall not order a parolee to a term of residential confinement unless he agrees to the order.

      5.  A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.

      6.  The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      7.  As used in this section, “facility” has the meaning ascribed to it in NRS 209.065.

      Sec. 8.7.  NRS 176A.500 is hereby amended to read as follows:

      176A.500  1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:

      (a) Three years for a:

             (1) Gross misdemeanor; or

             (2) Suspension of sentence pursuant to NRS 176A.260 or 453.3363; or

      (b) Five years for a felony.

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities, if any, a statement of the charges against the probationer.

 


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of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      4.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      5.  An offender who is sentenced to serve a period of probation for a felony who has no serious infraction of the regulations of the Division, the terms and conditions of his probation or the laws of the State recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period of his probation a deduction of 20 days from that period for each month he serves.

      Sec. 8.8.  NRS 176A.660 is hereby amended to read as follows:

      176A.660  1.  If a person who has been placed on probation violates a condition of his probation, the court may order him to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.

      2.  In ordering the person to a term of residential confinement, the court shall:

      (a) Direct that he be placed under the supervision of the Division [;

      (b) Require the] and require:

             (1) The person to be confined to his residence during the time he is away from his employment, community service or other activity authorized by the Division; and

      [(c) Require intensive]

             (2) Intensive supervision of the person, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement [.] ; or

      (b) Direct that he be placed under the supervision of the Department of Corrections and require the person to be confined to a facility of the Department approved by the Division and the court for a period not to exceed 6 months.

      3.  An electronic device approved by the Division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the person’s activities while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the person’s activities while inside his residence,

Ê must not be used.

      4.  The court shall not order a person to a term of residential confinement unless he agrees to the order.

 


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      5.  A term of residential confinement may not be longer than the maximum term of a sentence imposed by the court.

      6.  As used in this section, “facility” has the meaning ascribed to it in NRS 209.065.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 193.161 is hereby amended to read as follows:

      193.161  1.  Except as otherwise provided in subsection [2] 3 and NRS 193.169, any person who commits a felony on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus is engaged in its official duties shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section [must run] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      [2.] 3.  Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to [subsection] subsections 1 [,] and 2, if a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who committed the felony intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:

      (a) For life without the possibility of parole;

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

      (c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      [3.  Subsection 1 does]

      4.  Subsections 1 and 2 do not create a separate offense but [provides] provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection [2] 3 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

 


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primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      [4.] 5.  For the purposes of this section, “school bus” has the meaning ascribed to it in NRS 483.160.

      Sec. 11.  NRS 193.162 is hereby amended to read as follows:

      193.162  1.  Except as otherwise provided in NRS 193.169 and 454.306, an adult who, with the assistance of a child:

      (a) Commits a crime that is punishable as a category A or a category B felony shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for [an additional term equal to the] a minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years.

      (b) Commits any felony other than a category A or a category B felony shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for [an additional term not less than 25 percent and not more than 100 percent of the] a minimum term of [imprisonment prescribed by statute for the crime.

Ê] not less than 1 year and a maximum term of not more than 20 years.

      2.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      3.  An additional sentence prescribed by this section [runs] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      [2.] 4.  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.

      [3.] 5.  As used in this section:

      (a) “Adult” means a person who is 18 years of age or older.

      (b) “Child” means a person who is less than 18 years of age.

      Sec. 12.  NRS 193.163 is hereby amended to read as follows:

      193.163  1.  Except as otherwise provided in NRS 193.169, any person who uses a handgun containing a metal-penetrating bullet in the commission of a crime shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

 


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      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section [runs] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      [2.] 3.  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.

      [3.] 4.  As used in this section, “metal-penetrating bullet” has the meaning ascribed to it in NRS 202.273.

      Sec. 13.  NRS 193.165 is hereby amended to read as follows:

      193.165  1.  Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section [runs] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

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

      [3.] 4.  The provisions of subsections 1 [and] , 2 and 3 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.

      [4.] 5.  The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:

      (a) Murder;

      (b) Kidnapping in the first degree;

      (c) Sexual assault; or

      (d) Robbery.

      [5.] 6.  As used in this section, “deadly weapon” means:

 


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      (a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;

      (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or

      (c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

      Sec. 14.  NRS 193.166 is hereby amended to read as follows:

      193.166  1.  Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 5 of NRS 200.591, in violation of:

      (a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

      (b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;

      (c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;

      (d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or

      (e) A temporary or extended order issued pursuant to NRS 200.591,

Ê shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by statute for that crime.] not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person 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 5 years.

      2.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      3.  The sentence prescribed by this section [runs] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

      [2.] 4.  The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, or battery which results in substantial bodily harm if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

 


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      [3.] 5.  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. 15.  NRS 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

      (g) Sexual assault;

      (h) Embezzlement of money or property of a value of $250 or more;

      (i) Obtaining money or property of a value of $250 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished , if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail [or state prison, whichever applies,] for a term equal to [and in addition to] the term of imprisonment prescribed by statute for the crime [. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the crime.] , and, if the crime is a 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 20 years.

      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall , in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished , if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail [or state prison, whichever applies,] for a term equal to [and in addition to] the term of imprisonment prescribed by statute for the criminal violation [.] , and, if the criminal violation is a 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 20 years.

      3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime or criminal violation;

      (b) The criminal history of the person;

      (c) The impact of the crime or criminal violation on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      4.  The sentence prescribed by this [subsection] section must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

 


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      [3.] 5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      [4.] 6.  As used in this section, “vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

      Sec. 16.  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 to 200.465, inclusive, paragraph (b) of subsection 2 of NRS 200.471, NRS 200.508, 200.5099 or subsection 2 of NRS 200.575 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 , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for [an additional term not to exceed 25 percent of the] a minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of any additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of any additional penalty imposed.

      2.  A sentence imposed pursuant to this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      [2.] 3.  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. 17.  NRS 193.168 is hereby amended to read as follows:

      193.168  1.  Except as otherwise provided in NRS 193.169, any person who is convicted of a felony committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by the statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

 


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ê2007 Statutes of Nevada, Page 3192 (Chapter 525, AB 510)ê

 

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section [must run] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

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

      [3.] 4.  The court shall not impose an additional penalty pursuant to this section unless:

      (a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang; and

      (b) The trier of fact finds that allegation to be true beyond a reasonable doubt.

      [4.] 5.  Except as otherwise provided in this subsection, the court shall not grant probation to or suspend the sentence of any person convicted of a felony committed for the benefit of, at the direction of, or in affiliation with a criminal gang if an additional term of imprisonment may be imposed for that primary offense pursuant to this section. The court may, upon the receipt of an appropriate motion, reduce or suspend the sentence imposed for the primary offense if it finds that the defendant rendered substantial assistance in the arrest or conviction of any other principals, accomplices, accessories or coconspirators to the crime, or of any other persons involved in the commission of a felony which was committed for the benefit of, at the direction of, or in affiliation with a criminal gang. The agency which arrested the defendant must be given an opportunity to support or oppose such a motion before it is granted or denied. If good cause is shown, the motion may be heard in camera.

      [5.] 6.  In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:

      (a) Characteristics of persons who are members of criminal gangs;

      (b) Specific rivalries between criminal gangs;

      (c) Common practices and operations of criminal gangs and the members of those gangs;

      (d) Social customs and behavior of members of criminal gangs;

      (e) Terminology used by members of criminal gangs;

      (f) Codes of conduct, including criminal conduct, of particular criminal gangs; and

      (g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.

      [6.] 7.  As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

 


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ê2007 Statutes of Nevada, Page 3193 (Chapter 525, AB 510)ê

 

      (a) Has a common name or identifying symbol;

      (b) Has particular conduct, status and customs indicative of it; and

      (c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

      Sec. 18.  NRS 193.1685 is hereby amended to read as follows:

      193.1685  1.  Except as otherwise provided in this section and NRS 193.169, any person who commits a felony with the intent to commit, cause, aid, further or conceal an act of terrorism shall , in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a [term equal to and in addition to the] minimum term of [imprisonment prescribed by statute for the crime.] not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section [must run] :

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

      [2.] 3.  Unless a greater penalty is provided by specific statute and except as otherwise provided in NRS 193.169, in lieu of an additional term of imprisonment as provided pursuant to [subsection 1,] subsections 1 and 2, if a felony that resulted in death or substantial bodily harm to the victim was committed with the intent to commit, cause, aid, further or conceal an act of terrorism, the felony may be deemed a category A felony and the person who committed the felony may be punished by imprisonment in the state prison:

      (a) For life without the possibility of parole;

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

      (c) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      [3.  Subsection 1 does]

      4.  Subsections 1 and 2 do not create a separate offense but [provides] provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection [2] 3 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      [4.] 5.  The provisions of this section do not apply to an offense committed in violation of NRS 202.445.

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

 


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ê2007 Statutes of Nevada, Page 3194 (Chapter 525, AB 510)ê

 

      Sec. 19.  NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345, 453.3351 or subsection 1 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  A person who is sentenced to an alternative term of imprisonment pursuant to subsection [2] 3 of NRS 193.161, subsection [2] 3 of NRS 193.1685 or subsection 2 of NRS 453.3353 must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, 453.3335, 453.3345 or 453.3351 even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      3.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.

      Sec. 20.  Section 3 of Assembly Bill No. 508 of this session is hereby amended to read as follows:

      Sec. 3.  NRS 176.0125 is hereby amended to read as follows:

      176.0125  The Commission shall:

      1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

 


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ê2007 Statutes of Nevada, Page 3195 (Chapter 525, AB 510)ê

 

the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

      (a) Policies relating to parole;

      (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

      (c) Policies for the operation of the Department of Corrections;

      (d) Budgetary issues; and

      (e) Other related matters.

      5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

      6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

      7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

      (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

      (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

 


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ê2007 Statutes of Nevada, Page 3196 (Chapter 525, AB 510)ê

 

      8.  Compile and develop statistical information concerning sentencing in this State.

      9.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

      (a) State Board of Pardons Commissioners to consider an application for clemency; and

      (b) State Board of Parole Commissioners to consider an offender for parole.

      10.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

      11.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Sec. 21.  1.  For the purpose of calculating the credits earned by an offender pursuant to NRS 209.4465, the amendatory provisions of section 5 of this act must be applied:

      (a) Retroactively to July 1, 2000, to reduce the minimum term of imprisonment of an offender described in subsection 8 of NRS 209.4465 who was placed in the custody of the Department of Corrections before July 1, 2007, and who remains in such custody on July 1, 2007.

      (b) Retroactively to July 1, 2006, to reduce the maximum term of imprisonment of an offender who was placed on parole before July 1, 2007.

      (c) In the manner set forth in NRS 209.4465 for all offenders in the custody of the Department of Corrections commencing on July 1, 2007, and for all offenders who are on parole commencing on July 1, 2007.

      2.  For the purpose of calculating credits earned by an offender pursuant to NRS 209.448 and 209.449, the amendatory provisions of sections 6.2 and 6.4 of this act apply only to credits earned by an offender on or after July 1, 2007.

      3.  For the purpose of calculating credits earned by an offender pursuant to NRS 176A.500, the amendatory provisions of section 8.7 of this act must be applied retroactively to reduce the period of probation of such an offender commencing on July 1, 2006.

      Sec. 22.  1.  This section and sections 1 to 19, inclusive, and 21 of this act become effective on July 1, 2007.

      2.  Section 20 of this act becomes effective on July 1, 2007, only if Assembly Bill No. 508 of this session becomes effective.

________

 


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ê2007 Statutes of Nevada, Page 3197ê

 

CHAPTER 526, SB 452

Senate Bill No. 452–Committee on Transportation and Homeland Security

 

CHAPTER 526

 

AN ACT relating to motor vehicles; requiring inspections for certain vehicles to ensure their roadworthiness; amending criteria which may be used to deny, revoke or refuse to renew a license; amending provisions relating to surety bonds provided by brokers, manufacturers, distributors, rebuilders and dealers; requiring a driving school to inspect its vehicles annually; increasing penalties for a violation of rules and regulations regarding driving schools; increasing the penalties for selling a vehicle with an altered odometer; amending provisions relating to the wrecking and salvaging of vehicles; amending the procedures for a transfer of ownership in a vehicle by a junk certificate; repealing a provision relating to special license plates issued to a dealer; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands the authority of investigators of the Department of Motor Vehicles in enforcing laws relating to acts of fraud by businesses licensed by the Department. (NRS 481.048)

      Section 4 of this bill requires certain vehicles to be inspected and certified for roadworthiness before they may be given a title. Section 5 of this bill requires a licensed dealer, rebuilder, manufacturer, distributor, broker or long-term or short-term lessor and other licensees to display their licenses in a conspicuous place. Section 6 of this bill creates a legal presumption that a person engaged in certain activities is a vehicle dealer for purposes of chapter 482 of NRS, and section 20 of this bill provides criminal penalties for anyone doing so without a license.

      Section 17 of this bill requires a person who submits a license renewal electronically to keep the required statement regarding child support on file for 3 years. (NRS 425.520, 482.319) Sections 20, 21, 51, 53, 57, 61 and 62 of this bill create new and amend existing provisions of NRS relating to an applicant’s unfitness for a license. (NRS 482.322, 482.3255, 487.160, 487.490, 487.564, 487.650) Sections 22 and 23 of this bill provide the conditions under which a dealer’s branch location may be operated. (NRS 482.326, 482.332) Section 22.5 of this bill allows dealers to use not more than six license plates issued to them by the Department for personal use by them or by a member of their immediate family. (NRS 482.330)

      Sections 7 and 24 of this bill require the Director of the Department to consider any administrative fines imposed upon a dealer, distributor, rebuilder, manufacturer or broker before renewal of a license. The Director may also require an additional bond before renewing a license. (NRS 482.3331)

      Sections 25 and 27 of this bill increase the amount of a bond which must be given as surety by a dealer, distributor, rebuilder, manufacturer or broker and establishes a procedure for collecting on the bond. (NRS 482.3333, 482.345) Section 26 of this bill prohibits a broker from displaying or using a vehicle in conjunction with an advertisement if he is not licensed to sell the vehicle. Existing law provides that a used vehicle dealer may sell at wholesale a new vehicle to a new or used vehicle dealer. (NRS 482.350) Section 28 of this bill limits this provision to certain instances.

      Section 30 of this bill exempts a holder of a temporary permit as a salesman from the right to a hearing if a license is denied. (NRS 482.353) Sections 37, 40 and 55 of this bill provide expanded criminal penalties for submitting falsified information to the Department. (NRS 482.436, 482.555, 487.200)

 


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ê2007 Statutes of Nevada, Page 3198 (Chapter 526, SB 452)ê

 

      Section 42 of this bill requires a driving school to ensure its vehicles are inspected annually for roadworthiness and safety. Section 43 of this bill allows the Department to impose an administrative fine which does not exceed $2,500 for violation of provisions relating to driving schools. Section 44 of this bill changes the length of time a license to operate a driving school is valid from 5 years to 1 year. (NRS 483.730)

      Section 46 of this bill expands the activities relating to altering vehicle odometers for which a person is subject to a criminal penalty. (NRS 484.6063, 484.6067) Section 47 of this bill increases the penalty for knowingly selling a motor vehicle with an odometer that has been altered for the purpose of fraud. (NRS 484.6067) Section 48 of this bill raises the minimum amount that a person must pay to someone harmed by a violation of certain provisions relating to odometers from $1,500 to $2,500. (NRS 484.6068)

      Section 52 of this bill defines when a salvage vehicle is considered to be in its entirety as opposed to when it is considered to be in parts. Section 54 of this bill expands existing provisions that require a wrecker to maintain records relating to vehicles in his possession. (NRS 487.170) Section 56 of this bill revises the procedures by which a vehicle is transferred by a junk certificate. (NRS 487.260)

      Section 60 of this bill makes failure to pay or otherwise discharge a final judgment rendered against a garageman, instead of just failure to comply with an order of a court, grounds for the Department to revoke or refuse to renew his certificate of registration. (NRS 487.563)

      Section 66 of this bill makes it a misdemeanor to violate any section of chapter 108 of NRS relating to statutory liens, unless otherwise provided. Sections 67 and 68 of this bill require certain regulations relating to activities performed by an inspection station to be adopted by the State Environmental Commission, not the Department of Motor Vehicles. (NRS 445B.775, 445B.785) Section 69 of this bill requires sellers and long-term lessors to provide evidence of compliance with emissions requirements with the dealer’s report of sale. (NRS 445B.800) Section 70 of this bill repeals the authority of dealers to register certain vehicles without paying the government services taxes on those vehicles. (NRS 482.321)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 481.048 is hereby amended to read as follows:

      481.048  1.  The Director shall appoint, within the limits of legislative appropriations, investigators for the Division of Compliance Enforcement.

      2.  The duties of the investigators are to travel the State and:

      (a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.265 to 108.360, inclusive, and 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.

      (b) Act as advisers to [dealers] any business licensed by the Department in connection with any problems arising under the provisions of [chapter 482] chapters 108, 482, 483 and 487 of NRS.

      (c) [Cooperate with] Advise and assist personnel of the Nevada Highway Patrol in the enforcement of [the] traffic laws and motor vehicle registration laws as they pertain to [dealers.] any business licensed by the Department.

      (d) Act as investigators in the enforcement of the provisions of NRS 483.700 to 483.780, inclusive, relating to the licensing of schools and instructors for training drivers.

 


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ê2007 Statutes of Nevada, Page 3199 (Chapter 526, SB 452)ê

 

      (e) Exercise their police powers in the enforcement of the laws of this State to prevent acts of fraud or other abuses in connection with the provision of services offered to the public by the Department.

      (f) Perform such other duties as may be imposed by the Director.

      Sec. 1.5.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Kit trailer” means a vehicle without motive power which:

      1.  Is designed to carry property on its own structure and to be drawn or towed by a motor vehicle;

      2.  Is sold new in an unassembled, prepackaged condition;

      3.  Does not exceed 6 feet in width and 8 feet in length once assembled; and

      4.  Does not weigh more than 250 pounds unladen.

      Sec. 3.  “Service vehicle” or “work vehicle” means a vehicle owned and operated by a licensed dealer, manufacturer, distributor, long-term or short-term lessor, rebuilder or broker in the furtherance of his business. Such vehicles include, without limitation, a passenger shuttle bus, a tow car, a delivery vehicle or any other vehicle used to transport customers or property to or from the place of business of the dealer, manufacturer, distributor, long-term or short-term lessor, rebuilder or broker.

      Sec. 4.  1.  Before an application for a title for a rebuilt, reconstructed or specially constructed vehicle may be submitted, the vehicle must be inspected and a certificate of inspection must be completed on a form prescribed by the Department which attests that:

      (a) The work performed on the vehicle meets the standards of the manufacturer for mechanical fitness and safety;

      (b) The vehicle has been repaired to the standards of the manufacturer; and

      (c) Any safety equipment, including, without limitation, occupant restraint devices, which was present in the vehicle at the time the vehicle was manufactured is present and operational to the standards of the manufacturer.

      2.  An application for a title for a rebuilt, reconstructed or specially constructed vehicle must include an affidavit which states that the vehicle:

      (a) Has been inspected pursuant to subsection 1;

      (b) Is in a condition to be operated safely on the highways of this State; and

      (c) Has all safety equipment required by the manufacturer.

      3.  Any of the following persons may complete the inspection and sign the certificate of inspection and the affidavit required by subsections 1 and 2:

      (a) A garageman who operates a garage that is registered pursuant to NRS 487.560;

      (b) The owner of a body shop licensed pursuant to NRS 487.630;

      (c) A rebuilder licensed pursuant to NRS 482.325; or

      (d) Any employee of a garageman, owner of a body shop or rebuilder who is authorized by his employer to inspect the vehicle and attest that the repairs have been completed in accordance with the standards of the manufacturer.

      Sec. 5.  A dealer, rebuilder, manufacturer, distributor, broker or long-term or short-term lessor licensed under the provisions of this chapter shall post his license, and all licenses issued to persons in his employ who are licensed as salesmen, in a conspicuous place clearly visible to the general public at the location described in the license.

 


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ê2007 Statutes of Nevada, Page 3200 (Chapter 526, SB 452)ê

 

licensed as salesmen, in a conspicuous place clearly visible to the general public at the location described in the license.

      Sec. 6.  Except as otherwise provided in subsection 2 of NRS 482.020, the following activities are prima facie evidence that a person is engaged in the activities of a vehicle dealer:

      1.  A person displays for sale, sells or offers for sale any vehicle which he does not personally own;

      2.  A person demonstrates, or allows the demonstration or operation of, any vehicle for the purpose of sale or future sale or as an inducement to purchase the vehicle; or

      3.  A person engages in an activity specified by subsection 1 of NRS 482.020 or any other act regarding a vehicle which would lead a reasonable person to believe that he may purchase that vehicle or a similar vehicle.

      Sec. 7.  The Director shall, before renewing any license issued pursuant to NRS 482.325, consider:

      1.  The number and types of complaints received against a manufacturer, distributor, rebuilder or dealer by the Department; and

      2.  Any administrative fines imposed upon the manufacturer, distributor, rebuilder or dealer by the Department pursuant to NRS 482.554 and 482.565,

Ê and may require the manufacturer, distributor, rebuilder or dealer to provide a good and sufficient bond in the amount set forth in subsection 1 of NRS 482.345 for each category of vehicle sold at each place of business and in each county in which the manufacturer, distributor, rebuilder or dealer is licensed to do business.

      Sec. 8.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 482.011 is hereby amended to read as follows:

      482.011  “Based” means the place or domicile where a vehicle is primarily used, or if a vehicle is often used in more than one county, then it means the place or domicile where the vehicle is primarily stored or [maintained.] kept. A vehicle registered for intercounty or interstate operation under the provisions of chapter 706 of NRS shall be deemed to have no base.

      Sec. 10.  NRS 482.0125 is hereby amended to read as follows:

      482.0125  “Branch” means an established place of business of a vehicle dealer or long-term or short-term lessor at which he conducts business simultaneously with, and physically separated from, his principal established place of business.

      Sec. 11.  NRS 482.0127 is hereby amended to read as follows:

      482.0127  “Broker” means a person who, for a fee or any other consideration, offers to provide to another person the service of arranging, negotiating or assisting in the purchase of a new or used vehicle which has not been registered or for which an ownership interest has not been taken by the broker.

 


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      Sec. 12.  NRS 482.020 is hereby amended to read as follows:

      482.020  1.  “Dealer” or “vehicle dealer” means any person who:

      (a) For compensation, money or other thing of value sells, exchanges, buys, offers or displays for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle subject to registration under this chapter or induces or attempts to induce any person to buy or exchange an interest in a vehicle;

      (b) Represents himself as having the ability to sell, exchange, buy or negotiate the sale or exchange of an interest in a vehicle subject to registration under this chapter or in any other state or territory of the United States;

      (c) Receives or expects to receive a commission, money, brokerage fee, profit or any other thing of value from the seller or purchaser of a vehicle; or

      [(c)] (d) Is engaged wholly or in part in the business of selling vehicles or buying or taking in trade vehicles for the purpose of resale, selling or offering for sale or consignment to be sold or otherwise dealing in vehicles, whether or not he owns the vehicles.

      2.  “Dealer” or “vehicle dealer” does not include:

      (a) An insurance company, bank, finance company, government agency or any other person coming into possession of a vehicle, acquiring a contractual right to a vehicle or incurring an obligation with respect to a vehicle in the performance of official duties or under the authority of any court of law, if the sale of the vehicle is for the purpose of saving the seller from loss or pursuant to the authority of a court of competent jurisdiction;

      (b) A person, other than a long-term or short-term lessor, who is not engaged in the purchase or sale of vehicles as a business, but is disposing of vehicles acquired by the owner for his use and not for the purpose of avoiding the provisions of this chapter, or a person who sells not more than three personally owned vehicles in any 12-month period;

      (c) Persons regularly employed as salesmen by dealers, licensed under this chapter, while those persons are acting within the scope of their employment; [or]

      (d) Persons who are incidentally engaged in the business of soliciting orders for the sale and delivery of vehicles outside the territorial limits of the United States if their sales of such vehicles produce less than 5 percent of their total gross revenue [.] ; or

      (e) Persons who sell kit trailers but no other vehicle defined by this chapter.

      Sec. 13.  NRS 482.076 is hereby amended to read as follows:

      482.076  Except as otherwise provided in NRS 482.363521, “new vehicle” means a vehicle [that:

      1.  Has] :

      1.  That has never been registered with the Department and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country; [or

      2.  If it]

      2.  For which a certificate of title has never been issued by the Department or by the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country; or

 


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ê2007 Statutes of Nevada, Page 3202 (Chapter 526, SB 452)ê

 

      3.  That has been so registered [and] or for which a certificate of title has been so issued, if the vehicle is equipped with an odometer [,] that registers 2,500 miles or less . [on the odometer.]

      Sec. 14.  NRS 482.097 is hereby amended to read as follows:

      482.097  1.  “Rebuilder” means a person engaged in the [business] :

      (a) Business of reconstructing motor vehicles by the alteration, addition or substitution of substantial or essential parts [.] ; or

      (b) Assembling of replica or specially constructed vehicles from unassembled parts.

      2.  Nothing in this section shall be construed to require any licensed new or used vehicle dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities.

      Sec. 15.  NRS 482.1005 is hereby amended to read as follows:

      482.1005  1.  “Recreational park trailer” means a vehicle which is primarily designed to provide temporary living quarters for recreational, camping or seasonal use and which:

      [1.] (a) Is built on a single chassis mounted on wheels;

      [2.] (b) Has a gross trailer area not exceeding 400 square feet in the set-up mode; and

      [3.] (c) Is certified by the manufacturer as complying with Standard No. A119.5 of the American National Standards Institute.

      2.  Nothing in this section shall be construed to mean that a recreational park trailer is a vehicle which must be registered pursuant to the provisions of this chapter.

      Sec. 15.5.  NRS 482.132 is hereby amended to read as follows:

      482.132  Except as otherwise provided in NRS 482.366605, “used vehicle” means a vehicle that:

      1.  Has been registered with the Department or [has been registered] with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country [; and

      2.  If] , and if equipped with an odometer, registers more than 2,500 miles on the odometer [.] ; or

      2.  Regardless of mileage, is at least 1 model year old, as determined by the vehicle manufacturer, and has been registered with the Department or with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country for 30 days or more, if no exemptions for registration exist under the laws of this State or the laws of the jurisdiction in which the vehicle was registered.

      Sec. 16.  NRS 482.220 is hereby amended to read as follows:

      482.220  1.  If the vehicle to be registered is a specially constructed, reconstructed, rebuilt or foreign vehicle, that fact must be stated in the application. If the vehicle is a foreign vehicle which has been registered theretofore outside of this State, the owner shall exhibit to the Department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the Department that the applicant is the lawful owner or possessor of the vehicle.

      2.  The application must be accompanied by a motor vehicle inspection certificate signed by a representative of the Department or, as one of the Department’s authorized agents, by:

 


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ê2007 Statutes of Nevada, Page 3203 (Chapter 526, SB 452)ê

 

      (a) A peace officer;

      (b) A dealer;

      (c) A rebuilder;

      (d) An automobile wrecker; or

      (e) A garageman or a service station operator or attendant, so designated in writing by the Director.

      3.  [The] Except for a peace officer acting in his official capacity, the Department or any of its authorized inspection agents are entitled to charge $1 for inspection of any vehicle described in subsection 1.

      4.  For the purposes of this section, “peace officer” means any employee, volunteer or designee of a law enforcement agency acting in an official capacity.

      Sec. 16.5.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  When registering a vehicle, the Department and its agents or a registered dealer shall:

      (a) Collect the fees for license plates and registration as provided for in this chapter.

      (b) [Except as otherwise provided in NRS 482.321, collect] Collect the governmental services tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration.

      (e) If the registration is performed by the Department, issue the regular license plate or plates.

      (f) If the registration is performed by a registered dealer, provide information to the owner regarding the manner in which the regular license plate or plates will be made available to him.

      2.  Upon proof of ownership satisfactory to the Director, he shall cause to be issued a certificate of title as provided in this chapter.

      3.  Except as otherwise provided in NRS 371.070, every vehicle being registered for the first time in Nevada must be taxed for the purposes of the governmental services tax for a 12-month period.

      4.  The Department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the Department of Taxation.

      5.  A registered dealer shall forward all fees and taxes collected for the registration of vehicles to the Department.

      Sec. 17.  NRS 482.319 is hereby amended to read as follows:

      482.319  1.  [A] Except as otherwise provided in subsection 5, a natural person who applies for the issuance or renewal of a license issued pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, shall submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

 


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      3.  A license may not be issued or renewed by the Department pursuant to the provisions of NRS 482.318 to 482.363105, inclusive, if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      5.  If a licensee renews an existing license electronically, the licensee shall keep the original of the statement required pursuant to subsection 1 at his place of business for not less than 3 years after submitting the electronic renewal. The statement must be available during business hours for inspection by any authorized agent of the Director or the State of Nevada.

      Sec. 18.  NRS 482.320 is hereby amended to read as follows:

      482.320  1.  Except as otherwise provided in NRS 482.31776, a manufacturer, distributor, dealer or rebuilder who has an established place of business in this State [, or a manufacturer who has executed a franchise with a dealer or distributor who has an established place of business in this State,] and who owns or controls any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate that vehicle or allow it to be operated for purposes of display, demonstration, maintenance, sale or exchange if there is displayed thereon a special plate or plates issued to the manufacturer, distributor, dealer or rebuilder as provided in NRS 482.275 and 482.330. [Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.] Owners or officers of the corporation, managers, heads of departments and salesmen may be temporarily assigned and operate a vehicle displaying such plates.

      2.  The provisions of this section do not apply to:

      (a) Work or service vehicles owned or controlled by a manufacturer, distributor, dealer or rebuilder.

      (b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.

      (c) Vehicles which are privately owned by the owners, officers or employees of the manufacturer, distributor, dealer or rebuilder.

      (d) Vehicles which are being used for personal reasons by a person who is not licensed by the Department or otherwise exempted in subsection 1.

      (e) Vehicles which have been given or assigned to persons who work for a manufacturer, distributor, dealer or rebuilder for services performed.

      (f) Vehicles purchased by a manufacturer, distributor, dealer or rebuilder for personal use which the manufacturer, distributor, dealer or rebuilder is not licensed or authorized to resell.

      Sec. 19.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 3205 (Chapter 526, SB 452)ê

 

      Sec. 20.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  Except as otherwise provided in subsection 2 and NRS 482.3225, a person shall not engage in the activities of a new vehicle dealer, used vehicle dealer, manufacturer, distributor or rebuilder in this State until he has been issued:

      (a) A new vehicle dealer’s, used vehicle dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or similar license or permit by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city; and

      (b) A license by the Department. The Department shall not issue a license to the person until he has been issued all certificates, licenses and permits required by paragraph (a).

      2.  A person licensed as a dealer pursuant to this chapter shall not engage in the activities of a new vehicle dealer until he has provided the Department with satisfactory proof that he is authorized by a manufacturer to display and offer for sale vehicles produced or distributed by that manufacturer.

      3.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

      [3.] 4.  The Department shall investigate any applicant for a dealer’s, manufacturer’s, distributor’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the Department.

      5.  A person who violates subsection 1 or 2 is guilty of:

      (a) For a first offense, a misdemeanor.

      (b) For a second offense, a gross misdemeanor.

      (c) For a third and any subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 21.  NRS 482.3255 is hereby amended to read as follows:

      482.3255  Evidence of unfitness of an applicant or a licensee for purposes of denial or revocation of a license may consist of, but is not limited to:

      1.  Failure to discharge a lienholder on a vehicle within 30 days after it is traded to his dealership.

      2.  Being the former holder of or being a partner, officer, director, owner or manager involved in management decisions of a dealership which held a license issued pursuant to NRS 482.325 which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.

      3.  Defrauding or attempting to defraud the State or a political subdivision of any taxes or fees in connection with the sale or transfer of a vehicle.

      4.  Forging the signature of the registered or legal owner of a vehicle on a certificate of title.

      5.  Purchasing, selling, otherwise disposing of or having in his possession any vehicle which he knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.

      6.  Willfully failing to deliver to a purchaser or his lienholder a certificate of title to a vehicle he has sold.

 


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ê2007 Statutes of Nevada, Page 3206 (Chapter 526, SB 452)ê

 

      7.  Refusing to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the dealership which are maintained within the State.

      8.  Any fraud which includes, but is not limited to:

      (a) Misrepresentation in any manner, whether intentional or grossly negligent, of a material fact.

      (b) An intentional failure to disclose a material fact.

      9.  Willful failure to comply with any regulation adopted by the Department.

      10.  Knowingly submitting or causing to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership or any duplicate thereof for a vehicle.

      11.  Knowingly causing or allowing a false, forged or otherwise fraudulent document to be maintained as a record of his business.

      12.  Violating the provisions of NRS 482.555 which involved the sale or transfer of interest in a vehicle.

      Sec. 22.  NRS 482.326 is hereby amended to read as follows:

      482.326  1.  A vehicle dealer shall inform the Department of the location of each place at which he conducts any business, and the name under which he does business at each location.

      2.  If a vehicle dealer does business at more than one location, he shall designate one location in each county in which he does business as his principal place of business for that county and one name as the principal name of his business. He shall designate all of his other business locations not otherwise designated as a principal place of business pursuant to this subsection as branches.

      3.  A vehicle dealer who maintains a principal place of business and one or more businesses designated as branches may operate those branches under the authority of the license issued by the Department to the principal place of business under the following conditions:

      (a) The principal and branch locations are owned and operated by the same principal or group of principals listed on the records of the Department for the principal place of business;

      (b) The sales activities conducted at a branch location are the same as those authorized by the Department at the principal place of business;

      (c) The principal place of business and each branch location are located within the same county;

      (d) The principal place of business and each branch location maintains the appropriate city or county license;

      (e) The closest boundary of a branch location is not more than 500 feet from the principal place of business;

      (f) The business sign displayed at each branch location meets the requirements of NRS 482.332 and is essentially the same in name, style and design as that of the principal place of business;

      (g) Sales transactions originating at a branch location must be culminated, and the records of the transaction maintained, at the principal place of business; and

      (h) The vehicle dealer shall provide all documentation which the Department deems necessary to ensure that each business location is operated in accordance with the provisions of this chapter and all other applicable laws and regulations established for the operation of a vehicle sales business in this State.

 


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ê2007 Statutes of Nevada, Page 3207 (Chapter 526, SB 452)ê

 

operated in accordance with the provisions of this chapter and all other applicable laws and regulations established for the operation of a vehicle sales business in this State.

      4.  If a vehicle dealer changes the name or location of any of his established places of business, he shall [, not later than 10 days after making the change, submit to the Department such documents relating to the change as the Department by regulation requires.] not conduct business as a vehicle dealer under the new name or at the new location until he has been issued a license for the new name or location from the Department.

      Sec. 22.5.  NRS 482.330 is hereby amended to read as follows:

      482.330  1.  Upon issuance of a dealer’s, distributor’s, manufacturer’s or rebuilder’s license certificate pursuant to NRS 482.322, the Department shall furnish to the manufacturer, distributor, dealer or rebuilder one or more registration certificates and special plates for use on the vehicles described in the provisions of NRS 482.320. Each plate must have displayed upon it the identification number which is assigned to the dealer, distributor, manufacturer or rebuilder, and may at the discretion of the Department have a different letter or symbol on each plate or pair of plates. The manufacturer’s, distributor’s, dealer’s or rebuilder’s license plates may be used interchangeably on that vehicle.

      2.  The Department shall issue to each dealer a reasonable number of registration certificates and license plates.

      3.  The Department shall provide by regulation for the issuance of special license plates to dealers or rebuilders and for the number of those plates for use on vehicles loaned by those dealers or rebuilders to:

      (a) Customers in the course of business.

      (b) The State of Nevada.

      (c) The Nevada System of Higher Education.

      (d) A school district.

      (e) A county, city or town.

      (f) An organization that is exempt from taxation pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code.

Ê The regulations must prescribe what use may be made of the plates and the persons who may operate a motor vehicle with those plates.

      4.  Notwithstanding the provisions of subsection 3, a dealer may use not more than six special plates from the total number of plates issued pursuant to this section for personal use by the dealer or a member of his immediate family.

      Sec. 23.  NRS 482.332 is hereby amended to read as follows:

      482.332  [At]

      1.  Except as otherwise provided in subsection 2, at each of his established places of business, each vehicle dealer , manufacturer, lessor, rebuilder and [each] broker shall permanently affix a sign containing the name of his business in lettering of sufficient size to be clearly legible from the center of the nearest street or roadway, except that the lettering must be at least 8 inches high and formed by lines that are at least 1-inch wide.

      2.  Upon approval of the Director, and in accordance with all other city and county ordinances, a vehicle dealer or a long-term or short-term lessor may be exempted from the requirements of subsection 1 if:

      (a) His established place of business or branch location is located within the confines of another business;

 


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ê2007 Statutes of Nevada, Page 3208 (Chapter 526, SB 452)ê

 

      (b) The other place of business is the primary business at that location; and

      (c) The primary business is not licensed pursuant to any provision of this chapter.

      Sec. 24.  NRS 482.3331 is hereby amended to read as follows:

      482.3331  The Director shall, before renewing any license issued pursuant to NRS 482.333, consider [the] :

      1.  The number and types of complaints [, if any,] received against a [licensed] broker by the Department [.] ; and

      2.  Any administrative fines imposed upon the broker by the Department pursuant to NRS 482.554 and 482.565,

Ê and may require the broker to provide a good and sufficient bond in the amount set forth in subsection 1 of NRS 482.345 for each category of vehicle for which services are provided at each place of business and in each county in which the broker is licensed to do business.

      Sec. 25.  NRS 482.3333 is hereby amended to read as follows:

      482.3333  1.  Before a person may be licensed as a broker, he must procure and file with the Department a good and sufficient bond in the amount of [$50,000] $100,000 with a corporate surety thereon licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct his business as a broker without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

      2.  The Department may [, by agreement with any broker who has been licensed as a broker for 5 years or more, allow a reduction in the amount of the bond if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

      2.]  allow a broker who provides services for more than one category of vehicle described in subsection 1 of NRS 482.345 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      3.  The bond must be continuous in form , and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      [3.] 4.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensed broker who acts on behalf of the broker and within the scope of his employment.

      [4.] 5.  The bond must provide that any person injured by the action of the broker or his employee in violation of any provision of this chapter may [bring an action on the bond.] apply to the Director, for good cause shown, for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a person is injured by the actions of a broker or his employee, the person may:

 


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ê2007 Statutes of Nevada, Page 3209 (Chapter 526, SB 452)ê

 

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the broker or his employee, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the broker or his employee, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the broker or his employee.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the broker or his employee. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      7.  Any judgment entered by a court against a broker or his employee may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the broker or his employee.

      Sec. 26.  NRS 482.3335 is hereby amended to read as follows:

      482.3335  1.  No broker may intentionally cause to be published, displayed or circulated any advertisement, including any listing in a telephone directory, in which he is represented to be any type of vehicle dealer, unless he has obtained the appropriate license from the Department as provided in this chapter.

      2.  A broker may not display, or use in conjunction with any form of advertisement, a vehicle he is not licensed to sell.

      Sec. 27.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  [Except as otherwise provided in subsection 8, before] Before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the Department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the Department, and the applicant shall furnish such information as the Department requires, including proof that the applicant has an established place of business in this State, [and also, except as otherwise provided in subsection 2,] procure and file with the Department a good and sufficient bond [in the amount of $50,000] with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant or any employee who acts on his behalf within the scope of his employment shall conduct his business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

 


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ê2007 Statutes of Nevada, Page 3210 (Chapter 526, SB 452)ê

 

or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. [The Department may, by agreement with any dealer, distributor, manufacturer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of the dealer, if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

      2.  A] The bond must be:

      (a) For a manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells [only motorcycles, horse trailers, tent trailers, utility trailers or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $5,000 regardless of the length of time he has been in business.] motorcycles, $50,000.

      (b) For a manufacturer, distributor, rebuilder or dealer who sells vehicles other than motorcycles, trailers or travel trailers, $100,000.

      (c) For a manufacturer, distributor, rebuilder or dealer who sells travel trailers or other dual purpose trailers that include living quarters in their design, $100,000.

      (d) For a manufacturer, distributor, rebuilder or dealer who sells horse trailers designed without living quarters or special purpose trailers with an unladen weight of 3,501 pounds or more, $50,000.

      (e) For a manufacturer, distributor, rebuilder or dealer who sells utility trailers or other special use trailers with an unladen weight of 3,500 pounds or less or trailers designed to carry boats, $10,000.

      2.  The Department may, pursuant to a written agreement with any manufacturer, distributor, rebuilder or dealer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the manufacturer, distributor, rebuilder or dealer, if his business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.

      3.  The Department may allow a manufacturer, distributor, rebuilder or dealer who sells more than one category of vehicle as described in subsection 1 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      [3.] 4.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      [4.] 5.  The undertaking on the bond includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesman of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his behalf and within the scope of the employment of the representative or the salesman.

      [5.] 6.  The bond must provide that any person injured by the action of the dealer, distributor, rebuilder, manufacturer, representative or salesman in violation of any provisions of this chapter may apply to the Director, for good cause shown , [and after notice and opportunity for hearing,] for compensation from the bond. The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

 


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ê2007 Statutes of Nevada, Page 3211 (Chapter 526, SB 452)ê

 

Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      [6.] 7.  If a person is injured by the actions of a dealer, distributor, rebuilder, manufacturer, representative or salesman, the person may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesman, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesman, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the dealer, distributor, rebuilder, manufacturer, representative or salesman.

      (b) Apply to the Director, for good cause shown , [and after notice and opportunity for hearing,] for compensation from the bond. The Director may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the dealer, distributor, rebuilder, manufacturer, representative or salesman. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If [, after notice and opportunity for a hearing,] the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the injured person in the amount agreed upon in the settlement.

      [7.] 8.  Any judgment entered by a court against a dealer, distributor, rebuilder, manufacturer, representative or salesman may be executed through a writ of attachment, garnishment, execution or other legal process, or the person in whose favor the judgment was entered may apply to the Director for compensation from the bond of the dealer, distributor, rebuilder, manufacturer, representative or salesman.

      [8.] 9.  The [provisions of this section do not apply to a manufacturer without an established place of business in this State.] Department shall not issue a license or plate pursuant to subsection 1 to a manufacturer, distributor, rebuilder or dealer who does not have and maintain an established place of business in this State.

      Sec. 28.  NRS 482.350 is hereby amended to read as follows:

      482.350  1.  A new vehicle dealer’s license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer first furnishes the Department an instrument executed by or on behalf of the manufacturer certifying that he is an authorized franchised dealer for the make or makes of vehicle concerned. New vehicle dealers are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

      2.  In addition to selling used vehicles, a used vehicle dealer may:

      (a) Sell at wholesale a new vehicle [to a new or used] taken in trade or acquired as a result of a sales contract to a new vehicle dealer [; and] who is licensed and authorized to sell that make of vehicle;

 


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ê2007 Statutes of Nevada, Page 3212 (Chapter 526, SB 452)ê

 

      (b) Sell at wholesale a new vehicle through a wholesale vehicle auction provided that the wholesale vehicle auctioneer:

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

             (2) Auctions the vehicle to a vehicle dealer who is licensed and authorized to sell that make of vehicle or to an automobile wrecker who is licensed in this State or any other state; or

      (c) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer [.] , rebuilder or a long-term or short-term lessor.

      Sec. 29.  NRS 482.352 is hereby amended to read as follows:

      482.352  1.  The Department may deny the issuance of, suspend or revoke a license to engage in the activities of a manufacturer, distributor, rebuilder or dealer in new or used vehicles or to engage in the leasing of vehicles in this State upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this State.

      (b) Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the Director. For the purpose of this paragraph, failure to comply with the directives of the Director advising the licensee of his noncompliance with any provision of the motor vehicle laws of this State or regulations of the Department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

      (f) Failure or refusal to furnish and keep in force any bond.

      (g) Failure on the part of the licensee to maintain a fixed place of business in this State.

      (h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.

      (i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this State.

      (j) Allowing an unlicensed salesman to sell or lease any vehicle [.] or to act in the capacity of a salesman as defined in this chapter.

      (k) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.

      (l) Engaging in a deceptive trade practice relating to the purchase and sale or lease of a vehicle.

      2.  The Director may deny the issuance of a license to an applicant or revoke a license already issued if the Department is satisfied that the applicant or licensee is not entitled thereto.

      3.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of a manufacturer, distributor, dealer or rebuilder, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant or licensee for initial or continued licensure.

 


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ê2007 Statutes of Nevada, Page 3213 (Chapter 526, SB 452)ê

 

use any information obtained pursuant to the authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to the authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 482.318 to 482.363105, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      4.  The Department may adopt regulations establishing additional criteria that may be used to deny, suspend, revoke or refuse to renew a license issued pursuant to this chapter.

      Sec. 30.  NRS 482.353 is hereby amended to read as follows:

      482.353  1.  [The] Except as otherwise provided in subsection 5, an applicant or licensee may, within 30 days after receipt of the notice of denial, suspension or revocation, petition the Director in writing for a hearing.

      2.  Subject to the further requirements of subsection 3, the Director shall make written findings of fact and conclusions and grant or finally deny the application or revoke the license within 15 days after the hearing unless by interim order he extends the time to 30 days after the hearing. If the license has been temporarily suspended, the suspension expires [no] not later than 15 days after the hearing.

      3.  If the Director finds that the action is necessary in the public interest, upon notice to the licensee, he may temporarily suspend or refuse to renew the license certificate issued to a manufacturer, distributor, dealer, lessor , broker or rebuilder and the special plates issued to a manufacturer, distributor, lessor, rebuilder , broker or dealer for a period not to exceed 30 days. A hearing must be held, and a final decision rendered , within 30 days after notice of the temporary suspension.

      4.  The Director may issue subpoenas for the attendance of witnesses and the production of evidence.

      5.  The provisions of this section do not apply to an applicant for a temporary permit to engage in the activity of a salesman.

      Sec. 31.  NRS 482.362 is hereby amended to read as follows:

      482.362  1.  A person shall not engage in the activity of a salesman of vehicles, trailers or semitrailers , or act in the capacity of a salesman as defined in this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesman, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, his social security number and the name and address of his employer.

      (b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

      (e) For initial licensure, the applicant to submit a complete set of his fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 


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ê2007 Statutes of Nevada, Page 3214 (Chapter 526, SB 452)ê

 

      (f) Any other information the Department deems necessary.

      2.  The Department may issue a 60-day temporary [license] permit to an applicant who has submitted an application and paid the required fee.

      3.  A license to act as a salesman of vehicles, trailers or semitrailers , or to act in the capacity of a salesman as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.

      4.  An application for a salesman’s license may be denied and a salesman’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the Department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a gross misdemeanor.

      (d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (e) Falsification of the application.

      (f) Evidence of unfitness as described in NRS 482.3255.

      (g) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

      (h) Any reason determined by the Director to be in the best interests of the public.

      5.  [A] Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326, a salesman of vehicles shall not engage in any sales activity , or act in any other capacity as a salesman as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesman’s license has been denied, the applicant may reapply not less than 6 months after the denial.

      7.  A salesman’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesman is licensed to sell vehicles.

      8.  If a licensed salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary [license] permit or a new salesman’s license to his employer.

      9.  If a licensed salesman changes his residential address, he shall submit a written notice of the change to the Department within 10 days after the change occurs.

      10.  If a person who holds a temporary permit to act as a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his permit to act as a salesman is automatically suspended, his right to act as a salesman thereupon immediately ceases and his application for licensure must be denied unless he has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesman’s license to his employer.

 


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ê2007 Statutes of Nevada, Page 3215 (Chapter 526, SB 452)ê

 

reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesman’s license to his employer.

      11.  A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the Department of the termination of his employment within 10 days following the date of termination by forwarding the salesman’s license to the Department.

      [11.] 12.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 32.  NRS 482.362 is hereby amended to read as follows:

      482.362  1.  A person shall not engage in the activity of a salesman of vehicles, trailers or semitrailers , or act in the capacity of a salesman as defined by this chapter, in the State of Nevada without first having received a license or temporary permit from the Department. Before issuing a license or temporary permit to engage in the activity of a salesman, the Department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.

      (b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $75. The license expires on December 31 of each calendar year and may be renewed annually upon the payment of a fee of $40.

      (e) For initial licensure, the applicant to submit a complete set of his fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (f) Any other information the Department deems necessary.

      2.  The Department may issue a 60-day temporary [license] permit to an applicant who has submitted an application and paid the required fee.

      3.  A license to act as a salesman of vehicles, trailers or semitrailers , or to act in the capacity of a salesman as defined in this chapter, issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.

      4.  An application for a salesman’s license may be denied and a salesman’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the Department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a gross misdemeanor.

      (d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (e) Falsification of the application.

      (f) Evidence of unfitness as described in NRS 482.3255.

 


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ê2007 Statutes of Nevada, Page 3216 (Chapter 526, SB 452)ê

 

      (g) Failure of the applicant to provide any information deemed necessary by the Department to process the application.

      (h) Any reason determined by the Director to be in the best interests of the public.

      5.  [A] Except where a dealer, lessor or rebuilder has multiple branches licensed under NRS 482.326, a salesman of vehicles shall not engage in any sales activity , or act in any other capacity as a salesman as defined in this chapter, other than for the account of or for and in behalf of a single employer, at a specified place of business of that employer, who must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesman’s license has been denied, the applicant may reapply not less than 6 months after the denial.

      7.  A salesman’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom the salesman is licensed to sell vehicles.

      8.  If a licensed salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary [license] permit or a new salesman’s license to his employer.

      9.  If a licensed salesman changes his residential address, he shall submit a written notice of the change to the Department within 10 days.

      10.  If a person who holds a temporary permit to act as a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his permit to act as a salesman is automatically suspended, his right to act as a salesman thereupon immediately ceases and his application for licensure must be denied unless he has paid the Department a transfer fee of $20 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary permit or a new salesman’s license to his employer.

      11.  A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the Department of the termination of his employment within 10 days following the date of termination by forwarding the salesman’s license to the Department.

      [11.] 12.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 33.  NRS 482.423 is hereby amended to read as follows:

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

      (a) A description of the vehicle;

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

      (c) The name and address of the buyer.

 


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ê2007 Statutes of Nevada, Page 3217 (Chapter 526, SB 452)ê

 

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

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

      (a) Collect the fees set forth in NRS 482.429 for:

             (1) A certificate of title for a vehicle registered in this State; and

             (2) The processing of the dealer’s report of sale; and

      (b) Within 20 days after the execution of the dealer’s report of sale:

             (1) Submit to the Department the original of the dealer’s report of sale and the manufacturer’s certificate or statement of origin; and

             (2) Remit to the Department the fees collected pursuant to paragraph (a).

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

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

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

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

      (d) Include the date of its expiration.

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

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

      7.  Upon execution of all [required] the documents necessary to complete the sale of a vehicle, including, without limitation, the financial documents, the dealer shall execute the dealer’s report of sale and furnish a copy of the report to the buyer not less than 10 days before the expiration of the temporary placard.

      8.  The provisions of this section do not apply to kit trailers.

      Sec. 34.  NRS 482.4235 is hereby amended to read as follows:

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

      (a) A description of the vehicle; and

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

 


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ê2007 Statutes of Nevada, Page 3218 (Chapter 526, SB 452)ê

 

      2.  Unless an extension of time is granted by the Department, the long-term lessor shall, within 20 days after the execution of the long-term lessor’s report of lease:

      (a) Submit to the Department the original of the long-term lessor’s report of lease and the manufacturer’s certificate of origin or manufacturer’s statement of origin; and

      (b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessor’s report of lease.

      3.  Upon entering into a lease or written agreement to lease for a new vehicle, the [seller] long-term lessor shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

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

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

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

      (d) Include the date of its expiration.

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

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

      6.  Upon executing all the documents necessary to complete the lease of the vehicle, including, without limitation, the financial documents, the long-term lessor shall execute the long-term lessor’s report of lease and furnish a copy of the report to the long-term lessee not less than 10 days before the expiration of the temporary placard.

      Sec. 35.  NRS 482.424 is hereby amended to read as follows:

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

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

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

      (c) The name and address of the buyer.

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

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

 


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ê2007 Statutes of Nevada, Page 3219 (Chapter 526, SB 452)ê

 

      (a) Collect the fees set forth in NRS 482.429 for:

             (1) A certificate of title for a vehicle registered in this State; and

             (2) The processing of the dealer’s or rebuilder’s report of sale; and

      (b) Within 30 days after the execution of the dealer’s or rebuilder’s report of sale:

             (1) Submit to the Department the original of the dealer’s or rebuilder’s report of sale and the properly endorsed certificate of title previously issued for the vehicle; and

             (2) Remit to the Department the fees collected pursuant to paragraph (a).

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

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

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

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

      (d) Include the date of its expiration.

      5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than 30 days after the execution of a written agreement to purchase or the contract [.] of sale, whichever occurs first. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.

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

      7.  Upon executing all the documents necessary to complete the sale of the vehicle, including, without limitation, the financial documents, the seller shall execute the dealer’s or rebuilder’s report of sale and furnish a copy of the report to the buyer not less than 10 days before the expiration of the temporary placard.

      Sec. 36.  NRS 482.4245 is hereby amended to read as follows:

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

      (a) A description of the vehicle;

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

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

      2.  Unless an extension of time is granted by the Department, the long-term lessor shall, within 30 days after the execution of the long-term lessor’s report of lease:

      (a) Submit to the Department the original of the long-term lessor’s report of lease and the properly endorsed certificate of title previously issued for the vehicle; and

      (b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessor’s report of lease.

 


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ê2007 Statutes of Nevada, Page 3220 (Chapter 526, SB 452)ê

 

      3.  Upon entering into a lease or written agreement to lease for a used or rebuilt vehicle, the [seller] long-term lessor shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

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

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

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

      (d) Include the date of its expiration.

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

      5.  To establish compliance with the period required by subsection 2, the Department shall use the date imprinted or otherwise indicated on the long-term lessor’s report of lease as the beginning date of the 30-day period.

      6.  Upon executing all the documents necessary to complete the lease of the vehicle, including, without limitation, the financial documents, the long-term lessor shall execute the long-term lessor’s report of lease and furnish a copy of the report to the long-term lessee not less than 10 days before the expiration of the temporary placard.

      Sec. 37.  NRS 482.436 is hereby amended to read as follows:

      482.436  Any person is guilty of a gross misdemeanor who knowingly:

      1.  Makes or causes to be made any false entry on any certificate of origin or certificate of title;

      2.  Furnishes or causes to be furnished false information to the Department concerning any security interest; or

      3.  Fails to submit or causes to not be submitted the original of the dealer’s or [rebuilder’s] long-term lessor’s report of sale [of] or lease, together with the certificate of title or certificate of ownership issued for a used [or rebuilt] vehicle to the Department within the time prescribed in subsection 3 of NRS 482.424 [.] or, if a leased vehicle, subsection 2 of NRS 482.4235.

      Sec. 38.  NRS 482.516 is hereby amended to read as follows:

      482.516  1.  Any provision in any security agreement for the sale or lease of a vehicle to the contrary notwithstanding, at least 10 days’ written notice of intent to sell or again lease a repossessed vehicle must be given to all persons liable on the security agreement. The notice must be given in person or sent by mail directed to the address of the persons shown on the security agreement, unless such persons have notified the holder in writing of a different address.

      2.  The notice:

      (a) Must set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;

      (b) May inform such persons of their privilege of reinstatement of the security agreement, if the holder extends such a privilege;

      (c) Must give notice of the holder’s intent to resell or again lease the vehicle at the expiration of 10 days from the date of giving or mailing the notice;

 


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ê2007 Statutes of Nevada, Page 3221 (Chapter 526, SB 452)ê

 

      (d) Must disclose the place at which the vehicle will be returned to the buyer or lessee upon redemption or reinstatement; and

      (e) Must designate the name and address of the person to whom payment must be made.

      3.  During the period provided under the notice, the person or persons liable on the security agreement may pay in full the indebtedness evidenced by the security agreement. Such persons are liable for any deficiency after sale or lease of the repossessed vehicle only if the notice prescribed by this section is given within 60 days after repossession and includes an itemization of the balance and of any costs or fees for delinquency, collection or repossession. In addition, the notice must either set forth the computation or estimate of the amount of any credit for unearned finance charges or cancelled insurance as of the date of the notice or state that such a credit may be available against the amount due.

      Sec. 39.  NRS 482.545 is hereby amended to read as follows:

      482.545  It is unlawful for any person to commit any of the following acts:

      1.  To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the Department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.

      2.  To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of title , temporary placard, movement permit or other document of title knowing it to be fictitious or to have been cancelled, revoked, suspended or altered.

      3.  To lend to , or knowingly permit the use of by , one not entitled thereto any registration card , [or] plate , temporary placard or movement permit issued to the person so lending or permitting the use thereof.

      4.  To fail or to refuse to surrender to the Department, upon demand, any registration card or plate which has been suspended, cancelled or revoked as provided in this chapter.

      5.  To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.

      6.  Knowingly to operate a vehicle which:

      (a) Has an altered identification number or mark; or

      (b) Contains a part which has an altered identification number or mark.

      Sec. 40.  NRS 482.555 is hereby amended to read as follows:

      482.555  In addition to any other penalty provided by this chapter:

      1.  It is a gross misdemeanor for any person knowingly to falsify:

      (a) A dealer’s or rebuilder’s report of sale, as described in NRS 482.423 and 482.424; [or]

      (b) An application or document to obtain any [:

             (1) License;

             (2) Permit; or

             (3) Certificate of title,

 


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ê2007 Statutes of Nevada, Page 3222 (Chapter 526, SB 452)ê

 

Ê] license, permit, certificate of title or vehicle registration issued under the provisions of this chapter [.] ; or

      (c) An application or document to obtain a salvage title or nonrepairable vehicle certificate as defined in chapter 487 of NRS.

      2.  It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this section or other provision of this chapter or other law of this State declared to be a gross misdemeanor or a felony.

      Sec. 41.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.

      Sec. 42.  1.  A school for training drivers or a third-party certifier provided for by regulation shall ensure that each vehicle used for training drivers and operated on a highway is inspected annually.

      2.  The school for training drivers or the third-party certifier shall provide to the Department, within 30 days of the inspection or by December 31 of each calendar year, whichever comes first, the results of the inspection regarding the safety and road worthiness of the vehicles inspected pursuant to subsection 1.

      3.  The Department shall adopt regulations setting forth:

      (a) The persons qualified to conduct the inspection; and

      (b) The standards with which the inspection must comply.

      4.  The owner of the school for training drivers or the third-party certifier shall maintain a copy of the inspection at his principal place of business for 3 years after the inspection is completed.

      Sec. 43.  1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 483.700 to 483.780, inclusive, and section 42 of this act, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  In addition to any other remedy provided by NRS 483.700 to 483.780, inclusive, and section 42 of this act, the Department may compel compliance with any provision of NRS 483.700 to 483.780, inclusive, and section 42 of this act, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 44.  NRS 483.730 is hereby amended to read as follows:

      483.730  1.  The Department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if the Department is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive [.] , and sections 42 and 43 of this act.

      2.  The license is valid for [5 years] 1 year after the date of issuance, unless cancelled, suspended or revoked by the Department and, except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license, except that an operator of or instructor for a school for training drivers is not required to comply with the provisions of NRS 483.7205 for the renewal of his license.

 


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ê2007 Statutes of Nevada, Page 3223 (Chapter 526, SB 452)ê

 

      3.  Except as otherwise provided in subsection 4, the Department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the Department that, during the period of the license, he completed training of a type and in an amount prescribed by the Department by regulation.

      4.  The provisions of subsection 3 do not apply to an instructor who provides instruction solely to applicants for commercial drivers’ licenses.

      Sec. 45.  NRS 484.6061 is hereby amended to read as follows:

      484.6061  1.  It is unlawful for any person to display or advertise for sale, to sell, to use, to install or to have installed any device which causes an odometer to register any mileage other than the true mileage driven.

      2.  For purposes of this section, the true mileage driven is that mileage traveled by the vehicle, as registered by the odometer, within the manufacturer’s designed tolerance for such odometer.

      Sec. 46.  NRS 484.6063 is hereby amended to read as follows:

      484.6063  It is unlawful for any person, with the intent to defraud, to operate , or to cause or allow to be operated, a motor vehicle on any highway of this State knowing that the odometer of such vehicle is disconnected or nonfunctional [.] or has been altered to no longer reflect the true mileage driven.

      Sec. 47.  NRS 484.6067 is hereby amended to read as follows:

      484.6067  1.  A person is guilty of a [gross misdemeanor] 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, or by a fine of not more than $10,000, or by both fine and imprisonment, if he knowingly sells a motor vehicle whose odometer has been altered for the purpose of fraud.

      2.  Except as otherwise provided in subsection 1, any person who violates the provisions of NRS 484.606 to 484.6069, inclusive, is guilty of a misdemeanor.

      Sec. 48.  NRS 484.6068 is hereby amended to read as follows:

      484.6068  Any person who, with an intent to defraud, violates any requirement imposed by NRS 484.606 to 484.6069, inclusive, is liable to the person harmed by such act or acts, in an amount equal to the sum of:

      1.  Three times the amount of actual damages sustained by the person harmed or [$1,500,] $2,500, whichever is greater; and

      2.  If the action of the person harmed is successful in enforcing the liability imposed by subsection 1, the costs of the action together with reasonable attorney’s fees, as determined by the court.

      Sec. 49.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 50, 51 and 52 of this act.

      Sec. 50.  As used in NRS 487.050 to 487.200, inclusive, and sections 50, 51 and 52 of this act, unless the context otherwise requires, “automobile wrecker” or “wrecker” means a person who obtains a license to dismantle, scrap, process or wreck any vehicle, including, without limitation, wrecked, salvage, nonrepairable, abandoned and junk vehicles, which includes, without limitation, removing or selling an individual part or parts of such a vehicle or crushing, shredding or dismantling such a vehicle to be disposed of as scrap metal.

      Sec. 51.  Evidence of unfitness of an applicant, registrant or licensee for purposes of denial, suspension or revocation of or failure to renew a license or registration as an automobile wrecker, operator of a salvage pool, garageman or owner of a body shop may consist of, but is not limited to, the applicant, registrant or licensee:

 


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ê2007 Statutes of Nevada, Page 3224 (Chapter 526, SB 452)ê

 

license or registration as an automobile wrecker, operator of a salvage pool, garageman or owner of a body shop may consist of, but is not limited to, the applicant, registrant or licensee:

      1.  Purchasing, selling, dismantling, disposing of or having in his possession any vehicle which he knows, or a reasonable person should know, is stolen or otherwise illegally appropriated.

      2.  Being the former holder of, or being a partner, officer, director, owner or manager involved in management decisions of, an automobile wrecker that held a license issued pursuant to this chapter which was revoked for cause and never reissued or was suspended upon terms which were never fulfilled.

      3.  Defrauding or attempting to defraud the State or a political subdivision of the State of any taxes or fees in connection with the sale or transfer of a vehicle.

      4.  Forging the signature of the registered or legal owner of an abandoned vehicle on any document that releases the interest of the owner in the abandoned vehicle.

      5.  Forging the signature of the registered or legal owner of a vehicle on a certificate of title or other document to obtain or transfer ownership in that vehicle.

      6.  Willfully failing to deliver to a purchaser a salvage title to a vehicle that the applicant, registrant or licensee has sold.

      7.  Refusing to allow any peace officer or agent of a state agency to inspect, during normal business hours, all books, records and files of the applicant, registrant or licensee which are maintained within the State.

      8.  Committing any fraud which includes, without limitation:

      (a) Misrepresenting in any manner, whether intentional or grossly negligent, a material fact.

      (b) Intentionally failing to disclose a material fact.

      9.  Willfully failing to comply with any regulation adopted by the Department.

      Sec. 52.  1.  Whenever an entire salvage vehicle is sold to any person by a licensed automobile wrecker, the automobile wrecker shall deliver a properly endorsed salvage title to the buyer for such an entire salvage vehicle.

      2.  A salvage vehicle shall be deemed an entire salvage vehicle:

      (a) If all the following components are included and identifiable as coming from the same vehicle:

             (1) The cowl assembly;

             (2) The floor pan assembly;

             (3) The passenger compartment;

             (4) The rear clip assembly; and

             (5) The roof assembly; and

      (b) In addition to the essential components required pursuant to paragraph (a):

             (1) If the salvage vehicle was manufactured with a conventional frame, the conventional frame is included and identifiable as coming from the same salvage vehicle;

             (2) If the salvage vehicle was manufactured with a unibody, the complete front inner structure is included and identifiable as coming from the same salvage vehicle;

 


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ê2007 Statutes of Nevada, Page 3225 (Chapter 526, SB 452)ê

 

             (3) If the salvage vehicle is a truck which was manufactured with a conventional frame, the conventional frame and the truck cab assembly are included and identifiable as coming from the same salvage vehicle; and

             (4) If the salvage vehicle is a truck which was manufactured with a unibody, the complete front inner structure and the truck cab assembly are included and identifiable as coming from the same salvage vehicle.

      3.  A salvage vehicle that does not satisfy the requirements of subsection 2 is deemed a part or parts of an entire salvage vehicle.

      Sec. 53.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The Department [, after notice and hearing,] may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

      (a) Is not lawfully entitled thereto;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Has failed to return a salvage title to the state agency when and as required of him by NRS 487.710 to 487.890, inclusive; or

      (d) Has failed to surrender to the state agency certificates of title for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or may deny a license to an applicant therefor, for any reason determined by the Director to be in the best interest of the public, or if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this State.

      (b) Made a material misstatement in any application.

      (c) Willfully fails to comply with any applicable provision of this chapter.

      (d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.200, inclusive.

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this State.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

      (j) Knowingly submits or causes to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership, or any duplicate thereof, for a vehicle.

      (k) Knowingly causes or allows a false, forged or otherwise fraudulent document to be maintained as a record of his business.

 


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      (l) Interferes with or refuses to allow an agent of the Department or any peace officer access to and, upon demand, the opportunity to examine any record held in conjunction with the operation of the wrecker.

      (m) Displays evidence of unfitness for a license pursuant to section 51 of this act.

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.

      7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.200, inclusive, and sections 50, 51 and 52 of this act or to determine the suitability of an applicant or a licensee for such licensure.

      8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.050 to 487.200, inclusive, and sections 50, 51 and 52 of this act or NRS 487.710 to 487.890, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 54.  NRS 487.170 is hereby amended to read as follows:

      487.170  Every licensed automobile wrecker, rebuilder or scrap processor shall maintain a record of all vehicles acquired and processed, junked, dismantled [or wrecked, which contains the name and] , wrecked, sold as a part or parts or disposed of as scrap metal. The records must be open to inspection during business hours by any peace officer or investigator of the state agency. Every vehicle record must contain:

      1.  The name, address and original signature of the person from whom the vehicle was [purchased or acquired and the date thereof, the] acquired, until such time as the original signature is submitted to the Department, at which time the record must contain a duplicate of the signature;

      2.  The date the vehicle was acquired;

      3.  How the vehicle was acquired by the wrecker, rebuilder or scrap processor;

      4.  The registration number last assigned to the vehicle ; and [a]

      5.  A brief description of the vehicle, including, insofar as the data may exist with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. [The record must be open to inspection during business hours by any peace officer or investigator of the state agency.]

 


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ê2007 Statutes of Nevada, Page 3227 (Chapter 526, SB 452)ê

 

      Sec. 55.  NRS 487.200 is hereby amended to read as follows:

      487.200  Any person who violates any of the provisions of NRS 487.050 to 487.200, inclusive, and sections 50, 51 and 52 of this act is guilty of a misdemeanor.

      Sec. 56.  NRS 487.260 is hereby amended to read as follows:

      487.260  1.  If the vehicle is appraised at a value of more than $500 , the state agency or political subdivision shall dispose of it as provided in NRS 487.270.

      2.  If the vehicle is appraised as a junk vehicle, the Department may issue a junk certificate to the automobile wrecker or tow operator who removed the vehicle.

      3.  An automobile wrecker who possesses a junk certificate for a junk vehicle may dismantle, scrap, crush or otherwise destroy the vehicle.

      4.  A vehicle for which a junk certificate has been issued may be sold to an automobile wrecker by the person to whom the junk certificate was issued by the seller’s endorsement on the certificate. An automobile wrecker who purchases a vehicle for which a junk certificate has been issued shall immediately affix the business name of the automobile wrecker as purchaser to the first available space provided on the reverse side of the certificate. For the purposes of this subsection, such an automobile wrecker is the owner of the junk vehicle.

      5.  If insufficient space exists on the reverse side of a junk certificate to transfer the vehicle pursuant to subsection 4, an automobile wrecker who purchases a junk vehicle for which a junk certificate has been previously issued shall, within 10 days after purchase, apply to the Department for a new junk certificate and surrender the original certificate.

      [5.] 6.  A person who sells, dismantles, scraps, crushes or otherwise destroys a junk vehicle shall maintain, for at least 2 years, a copy of the junk certificate and a record of the name and address of the person from whom the vehicle was acquired and the date thereof. He shall allow any peace officer or any investigator employed by a state agency to inspect the records during business hours.

      [6.] 7.  As used in this section, “junk vehicle” means a vehicle, including component parts, which:

      (a) Has been discarded or abandoned;

      (b) Has been ruined, wrecked, dismantled or rendered inoperative;

      (c) Is unfit for further use in accordance with the original purpose for which it was constructed;

      (d) Is not registered with the Department or has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250; and

      (e) Has value principally as scrap which does not exceed $200.

      Sec. 57.  NRS 487.490 is hereby amended to read as follows:

      487.490  1.  The Department may refuse to issue a license or [, after notice and hearing,] may suspend, revoke or refuse to renew a license of an operator of a salvage pool upon determining that the operator:

      (a) Is not lawfully entitled to the license;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Made a material misstatement in any application;

      (d) Willfully fails to comply with any provision of NRS 487.400 to 487.510, inclusive;

 


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ê2007 Statutes of Nevada, Page 3228 (Chapter 526, SB 452)ê

 

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation regarding a vehicle;

      (f) Fails to maintain any license or bond required by a political subdivision of this State;

      (g) Has been convicted of a felony;

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter; [or]

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6 [.] ; or

      (j) Displays evidence of unfitness for a license pursuant to section 51 of this act.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal to grant or renew or the suspension or revocation of a license, petition the Department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  If an application for a license as an operator of a salvage pool is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      5.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of NRS 487.400 to 487.510, inclusive.

      6.  Upon the receipt of any report or complaint that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a salvage pool, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.400 to 487.510, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      7.  For the purposes of this section, the failure to adhere to the directives of the Department advising the licensee of his noncompliance with any provision of NRS 487.400 to 487.510, inclusive, or regulations of the Department, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 58.  NRS 487.540 is hereby amended to read as follows:

      487.540  1.  “Garage” means a business establishment, sole proprietorship, firm, corporation, association or other legal entity that performs any of the following services on motor vehicles:

      (a) Repair or replacement of the:

             (1) Engine;

             (2) Brake system;

             (3) Transmission system;

             (4) Drivetrain system;

             (5) Heating and air-conditioning system;

             (6) Cooling system; [or]

             (7) Muffler and exhaust system;

 


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ê2007 Statutes of Nevada, Page 3229 (Chapter 526, SB 452)ê

 

             (8) Electrical system;

             (9) Electrical charging system; or

             (10) Fuel injection or carburetion system;

      (b) Engine tune up;

      (c) Diagnostic testing;

      (d) Alignment; or

      (e) Oil change and lubrication.

      2.  “Garage” does not include a business establishment, sole proprietorship, firm, corporation, association or other legal entity that does not perform services on motor vehicles for members of the general public.

      Sec. 59.  NRS 487.550 is hereby amended to read as follows:

      487.550  “Motor vehicle” means:

      1.  A passenger car as defined in NRS 482.087;

      2.  A mini motor home as defined in NRS 482.066;

      3.  A motor home as defined in NRS 482.071;

      4.  A recreational vehicle as defined in NRS 482.101; [and]

      5.  A motortruck as defined in NRS 482.073 if the gross weight of the vehicle is 10,000 pounds or less [.] ;

      6.  A motorcycle as defined in NRS 482.070; and

      7.  A trimobile as defined in NRS 482.129.

      Sec. 60.  NRS 487.563 is hereby amended to read as follows:

      487.563  1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 must include in the application a written statement to the Department that specifies whether he agrees to submit to binding arbitration any claims against him arising out of a contract for repairs made by him to a motor vehicle. If the person fails to submit the statement to the Department or specifies in the statement that he does not agree to arbitrate those claims, the person shall file with the Department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this State. The form of the bond must be approved by the Attorney General and be conditioned upon whether the applicant conducts his business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.035, 487.530 to 487.570, inclusive, and 597.480 to 597.590, inclusive.

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the Department, pursuant to the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank or savings and loan association located in this State, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      4.  If a claim is arbitrated pursuant to the provisions of this section, the proceedings for arbitration must be conducted in accordance with the provisions of NRS 38.206 to 38.248, inclusive.

 


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      5.  If a person:

      (a) Submits the statement to the Department specifying that he agrees to arbitrate a claim pursuant to the provisions of subsection 1; and

      (b) Fails to submit to binding arbitration any claim specified in that subsection,

Ê the person asserting the claim may notify the Department of that fact. Upon receipt of the notice, the Department shall, after notice and hearing, revoke or refuse to renew the certificate of registration of the person who failed to submit the claim to arbitration.

      6.  If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, or fails to pay or otherwise discharge any final judgment rendered and entered against him or any court order issued and arising out of the repair of a motor vehicle in the operation of a garage, the Department shall [, after notice and hearing,] revoke or refuse to renew the certificate of registration of the person who failed to comply with the order [.] or satisfy the judgment.

      7.  The Department may reinstate or renew a certificate of registration that is:

      (a) Revoked pursuant to the provisions of subsection 5 if the person whose certificate of registration is revoked:

             (1) Submits the claim to arbitration pursuant to the provisions of subsection 4 and notifies the Department of that fact; or

             (2) Files a bond or makes a deposit with the Department pursuant to the provisions of this section.

      (b) Revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.

      8.  A garageman whose registration has been revoked pursuant to the provisions of subsection 6 shall furnish to the Department a bond in the amount specified in subsection 1 prior to reinstatement of his garage registration.

      Sec. 61.  NRS 487.564 is hereby amended to read as follows:

      487.564  1.  The Department may refuse to issue a registration or [, after notice and hearing,] may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

      (a) A false statement of a material fact in a certification for a salvage vehicle required pursuant to NRS 487.800.

      (b) A false statement or certification for an inspection pursuant to NRS 487.800 which attests to the mechanical fitness or safety of a salvage vehicle.

      (c) Evidence of unfitness of the applicant or registrant pursuant to section 51 of this act.

      (d) A violation of any regulation adopted by the Department governing the operation of a garage.

      (e) A violation of any statute or regulation that constitutes fraud in conjunction with the repair of a motor vehicle or operation of a garage.

      2.  A person for whom a certificate of registration has been suspended or revoked pursuant to the provisions of this section, subsection 6 of NRS 487.563 or similar provisions of the laws of any other state or territory of the United States shall not be employed by, or in any manner affiliated with, the operation of a garage subject to registration in this State.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

 


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      Sec. 62.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The Department may refuse to issue a license or [, after notice and hearing,] may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this State.

      (b) Conviction of the applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.

      (d) Willful failure of the applicant or licensee to comply with the motor vehicle laws of this State and NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of guilt by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.800 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.800 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (j) A display of evidence of unfitness for a license pursuant to section 51 of this act.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in NRS 487.770.

      Sec. 63.  NRS 487.860 is hereby amended to read as follows:

      487.860  1.  Except with respect to a nonrepairable vehicle, a vehicle for which a salvage title has been issued may not subsequently be registered until it has been inspected by a garageman who operates a garage that is registered pursuant to NRS 487.560 , [or] by the owner of a body shop licensed pursuant to NRS 487.630 , by a rebuilder licensed pursuant to NRS 482.325 or by [an] a qualified employee of such a garage , [or] body shop or rebuilder, and is certified to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer.

 


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ê2007 Statutes of Nevada, Page 3232 (Chapter 526, SB 452)ê

 

rebuilder, and is certified to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer.

      2.  If a garageman [or] , an owner of a body shop [, or an] or a rebuilder, or a qualified employee thereof, who performs an inspection pursuant to subsection 1 finds the vehicle to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer, the garageman, owner of a body shop, rebuilder or qualified employee shall complete and sign a certificate of inspection, on a form prescribed by the state agency, attesting to the mechanical fitness and safety of the vehicle and to any mechanical or other work that was performed on the vehicle at the garage or body shop. The certificate of inspection must indicate that the motor vehicle has been repaired to the standards of the manufacturer and any safety equipment, including, without limitation, any occupant restraint devices, that were present in the vehicle at the time the vehicle was manufactured are present and operational to the specifications of the manufacturer.

      Sec. 64.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 65 and 66 of this act.

      Sec. 65.  Any person is guilty of a gross misdemeanor who knowingly:

      1.  Makes or causes to be made a false entry on any affidavit of lien sale or on any lien sale registration certificate for a motor vehicle;

      2.  Makes or causes to be made a false entry on a certificate of title as to ownership or any security interest that may exist in a motor vehicle;

      3.  Fails to disclose any information which would indicate that a vehicle sold or offered for sale is or should be considered a salvage or nonrepairable vehicle; or

      4.  Falsifies or causes to be falsified an application or other document submitted to the Department of Motor Vehicles to obtain:

      (a) A certificate of title or ownership; or

      (b) A salvage title or a certificate which indicates that the vehicle is nonrepairable as defined in chapter 487 of NRS.

      Sec. 66.  Except as otherwise provided in section 65 of this act, a person who violates any provision of NRS 108.265 to 108.360, inclusive, is guilty of a misdemeanor.

      Sec. 67.  NRS 445B.775 is hereby amended to read as follows:

      445B.775  The regulations adopted by the Commission pursuant to NRS 445B.770 must establish requirements by which the Department of Motor Vehicles may license:

      1.  Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles. The regulations adopted by the Commission pursuant to NRS 445B.770 must provide that a facility licensed as an authorized inspection station:

      (a) Except as otherwise provided in paragraph (b), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

      (b) May perform the following activities in connection with a motor vehicle:

 


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             (1) The changing of oil;

             (2) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

             (3) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      2.  Authorized maintenance stations, including criteria by which any person may become qualified to install, repair and adjust devices for the control of emissions for motor vehicles.

      3.  Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.

      Sec. 68.  NRS 445B.785 is hereby amended to read as follows:

      445B.785  1.  The Department of Motor Vehicles shall , in cooperation with the Commission, adopt regulations which:

      (a) Prescribe requirements for licensing authorized inspection stations, authorized maintenance stations, authorized stations and fleet stations. The regulations adopted [by the Department of Motor Vehicles] pursuant to this paragraph must provide that a facility licensed as an authorized inspection station:

             (1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

             (2) May perform the following activities in connection with a motor vehicle:

                   (I) The changing of oil;

                   (II) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

                   (III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.

      (c) Prescribe the diagnostic equipment necessary to perform the required inspection. The regulations must ensure that [the] :

             (1) The equipment complies with any applicable standards of the United States Environmental Protection Agency [.] ; and

             (2) Use of the equipment is specifically authorized by the Commission.

      (d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445B.700 to 445B.815, inclusive.

      (e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.

      2.  The Department of Motor Vehicles shall issue a copy of the regulations to each authorized inspection station, authorized maintenance station, authorized station and fleet station.

      Sec. 69.  NRS 445B.800 is hereby amended to read as follows:

      445B.800  1.  Subject to any applicable limitation of NRS 445B.700 to 445B.815, inclusive, and any regulation adopted pursuant thereto, no used motor vehicle which requires inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the Commission may by regulation prescribe under the provisions of NRS 445B.700 to 445B.845, inclusive.

 


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by the Commission under NRS 445B.770 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the Commission may by regulation prescribe under the provisions of NRS 445B.700 to 445B.845, inclusive.

      2.  If:

      (a) A seller of a used vehicle is required to complete a dealer’s report of sale pursuant to the provisions of NRS 482.424; or

      (b) A long-term lessor of a used vehicle is required to complete a long-term lessor’s report of lease pursuant to the provisions of NRS 482.4245,

Ê the seller or long-term lessor shall also provide the buyer or long-term lessee with any evidence of compliance required pursuant to subsection 1 [.] , and shall deliver that evidence of compliance to a used vehicle buyer together with the dealer’s report of sale issued pursuant to NRS 482.424 or 482.4245, indicating that the used vehicle purchased or leased meets the engine emission standards for the year, make and model of the used vehicle as established by regulation pursuant to NRS 445B.770.

      3.  A seller or long-term lessor of a used vehicle is not entitled to a waiver of the provisions of subsection 2.

      4.  The requirements of this section apply only:

      (a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and

      (b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445B.770.

      Sec. 70.  NRS 482.321 is hereby repealed.

      Sec. 71.  Any license plate issued pursuant to NRS 482.321 expires on the date of expiration for that plate or January 1, 2008, whichever comes first and may not be renewed thereafter.

      Sec. 72.  1.  This section and sections 1 to 6, inclusive, 8 to 16, inclusive, 17, 20 to 23, inclusive, 26, 28 to 31, inclusive, 33 to 41, inclusive, and 43 to 69, inclusive, of this act become effective on July 1, 2007.

      2.  Sections 7, 16.5, 18, 19, 24, 25, 27, 42, 70 and 71 of this act become effective on January 1, 2008.

      3.  Sections 17 and 31 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 of the support of one or more children,

Ê are repealed by the Congress of the United States.

      4.  Section 32 of this act becomes 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:

 

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