AB55_EN

Assembly Bill No. 55–Assemblymen Anderson, Parks, Buckley, Claborn, Conklin, Horne, Manendo, Oceguera and Williams (by request)

CHAPTER..........

AN ACT relating to convicted persons; expanding the crimes for which a defendant is required to submit a biological specimen when he is found guilty; providing for the immediate restoration of the civil right to vote and to sit as a juror in a civil action and for the automatic restoration of certain other civil rights of certain ex-felons on specified future dates; providing for the automatic restoration of the civil rights of a person whose records of conviction are sealed; limiting the persons who are required to register as convicted persons; prohibiting a law enforcement agency from requiring a convicted person to carry a registration card; revising the provisions governing the employment of certain convicted felons; revising the provisions governing the certification and licensure of certain convicted felons in certain professions and occupations; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 176.0913 is hereby amended to read as

follows:

176.0913 1. If a defendant is convicted of an offense listed in

subsection 4, the court, at sentencing, shall order that:

(a) The name, social security number, date of birth and any other

information identifying the defendant be submitted to the Central

Repository for Nevada Records of Criminal History; and

(b) A biological specimen be obtained from the defendant

pursuant to the provisions of this section and that the specimen be

used for an analysis to determine the genetic markers of the

specimen.

2. If the defendant is committed to the custody of the

Department of Corrections, the Department of Corrections shall

arrange for the biological specimen to be obtained from the

defendant. The Department of Corrections shall provide the

specimen to the forensic laboratory that has been designated by

the county in which the defendant was convicted to conduct or

oversee genetic marker testing for the county pursuant to

NRS 176.0917.

3. If the defendant is not committed to the custody of

the Department of Corrections, the Division shall arrange for the

biological specimen to be obtained from the defendant. The

Division shall provide the specimen to the forensic laboratory that

has been designated by the county in which the defendant was

convicted to conduct or oversee genetic marker testing for the

county pursuant to NRS 176.0917. Any cost that is incurred to

obtain a biological specimen from a defendant pursuant to this

subsection is a charge against the county in which the defendant was

convicted and must be paid as provided in NRS 176.0915.

4. [The] Except as otherwise provided in subsection 5, the

provisions of subsection 1 apply to a defendant who is convicted of:

(a) A category A felony;

(b) A category B felony;

force or violence against the victim;

(d) A crime against a child as defined in NRS 179D.210;

(e) A sexual offense as defined in NRS 179D.410;

(f) Abuse or neglect of an older person pursuant to

NRS 200.5099;

(g) A second or subsequent offense for stalking pursuant to

NRS 200.575; [or]

(h) An attempt or conspiracy to commit an offense listed in [this

subsection.] paragraphs (a) to (g), inclusive;

(i) Failing to register with a local law enforcement agency as a

convicted person as required pursuant to NRS 179C.100, if the

defendant previously was:

(1) Convicted in this state of committing an offense listed in

paragraph (a), (b), (c), (f), (g) or (h); or

(2) Convicted in another jurisdiction of committing an

offense that would constitute an offense listed in paragraph (a),

(b), (c), (f), (g) or (h) if committed in this state;

(j) Failing to register with a local law enforcement agency

after being convicted of a crime against a child as required

pursuant to NRS 179D.240; or

(k) Failing to register with a local law enforcement agency

after being convicted of a sexual offense as required pursuant to

NRS 179D.450.

5. A court shall not order a biological specimen to be

obtained from a defendant who has previously submitted such a

specimen for conviction of a prior offense unless the court

determines that an additional sample is necessary.

Sec. 2. NRS 176A.850 is hereby amended to read as follows:

176A.850 1. A person who:

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

period thereof;

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

because of economic hardship, verified by a parole and probation

officer, has been unable to make restitution as ordered by the

court,

may be granted an honorable discharge from probation by order of

the court.

2. Any amount of restitution remaining unpaid constitutes a

civil liability arising upon the date of discharge.

3. [A] Except as otherwise provided in subsection 4, a person

who has been honorably discharged from probation:

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

(b) If he meets the requirements of NRS 176A.860, may apply

to the Division to request a restoration of his civil rights; and

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

(1) The right to vote; and

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

probation, is restored to the right to hold office.

(d) Six years after the date of his honorable discharge from

probation, is restored to the right to serve as a juror in a criminal

action.

(e) If he meets the requirements of NRS 179.245, may apply to

the court for the sealing of records relating to his conviction.

[The person must]

(f) Must be informed of the provisions of this section and NRS

[176A.860 and] 179.245 in his probation papers.

[4. A person honorably discharged from probation who has had

his civil rights restored by the court:

(a)] (g) Is exempt from the requirements of chapter 179C of

NRS, but is not exempt from the requirements of chapter 179D of

NRS.

[(b) May vote, hold office or serve as a juror.

(c)] (h) Shall disclose the conviction to a gaming establishment

and to the State and its agencies, departments, boards, commissions

and political subdivisions, if required in an application for

employment, license or other permit. As used in this paragraph,

“establishment” has the meaning ascribed to it in NRS 463.0148.

[(d)] (i) Except as otherwise provided in paragraph [(c),] (h),

need not disclose the conviction to an employer or prospective

employer.

[5.] 4. Except as otherwise provided in this subsection, the

civil rights set forth in subsection 3 are not restored to a person

honorably discharged from probation if the person has previously

been convicted in this state:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if

committed as of the date of his honorable discharge from

probation.

violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force or violence that

resulted in substantial bodily harm to the victim and that would

constitute a category B felony if committed as of the date of his

honorable discharge from probation.

(e) Two or more times of a felony, unless a felony for which

the person has been convicted arose out of the same act,

transaction or occurrence as another felony, in which case the

convictions for those felonies shall be deemed to constitute a

single conviction for the purposes of this paragraph.

A person described in this subsection may petition the court in

which the person was convicted for an order granting the

restoration of his civil rights as set forth in subsection 3.

5. The prior conviction of a person [whose civil rights have

been restored or] who has been honorably discharged from

probation may be used for purposes of impeachment. In any

subsequent prosecution of the person , [who has had his civil rights

restored or who has been honorably discharged from probation,] the

prior conviction may be pleaded and proved if otherwise admissible.

6. Except for a person subject to the limitations set forth in

subsection 4, upon his honorable discharge from probation, the

person so discharged must be given an official document which

provides:

(a) That he has received an honorable discharge from

probation;

(b) That he has been restored to his civil rights to vote and to

serve as a juror in a civil action as of the date of his honorable

discharge from probation;

restored to him pursuant to paragraph (c) of subsection 3; and

(d) The date on which his civil right to serve as a juror in a

criminal action will be restored to him pursuant to paragraph (d)

of subsection 3.

7. Subject to the limitations set forth in subsection 4, a person

who has been honorably discharged from probation in this state or

elsewhere and whose official documentation of his honorable

discharge from probation is lost, damaged or destroyed may file a

written request with a court of competent jurisdiction to restore his

civil rights pursuant to this section. Upon verification that the

person has been honorably discharged from probation and is

eligible to be restored to the civil rights set forth in subsection 3,

the court shall issue an order restoring the person to the civil

rights set forth in subsection 3. A person must not be required to

pay a fee to receive such an order.

8. A person who has been honorably discharged from

probation in this state or elsewhere may present:

(a) Official documentation of his honorable discharge from

probation, if it contains the provisions set forth in subsection 6; or

(b) A court order restoring his civil rights,

as proof that he has been restored to the civil rights set forth in

subsection 3.

Sec. 3. NRS 179.285 is hereby amended to read as follows:

179.285 Except as otherwise provided in NRS 179.301 [, if] :

1. If the court orders a record sealed pursuant to NRS

176A.265, 179.245, 179.255, 179.259 or 453.3365:

[1.] (a) All proceedings recounted in the record are deemed

never to have occurred, and the person to whom the order pertains

may properly answer accordingly to any inquiry , including,

without limitation, an inquiry relating to an application for

employment, concerning the arrest, conviction, dismissal or

acquittal and the events and proceedings relating to the arrest,

conviction, dismissal or acquittal.

[2. The court shall order the civil rights of the person to whom

the order pertains to be restored if the person has not been restored

to his civil rights.]

(b) The person is immediately restored to the following civil

rights if his civil rights previously have not been restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

2. Upon the sealing of his records, a person who is restored to

his civil rights must be given an official document which

demonstrates that he has been restored to the civil rights set forth

in paragraph (b) of subsection 1.

3. A person who has had his records sealed in this state or

any other state and whose official documentation of the

restoration of his civil rights is lost, damaged or destroyed may file

a written request with a court of competent jurisdiction to restore

his civil rights pursuant to this section. Upon verification that the

person has had his records sealed, the court shall issue an order

restoring the person to the civil rights to vote, to hold office and to

serve on a jury. A person must not be required to pay a fee to

receive such an order.

4. A person who has had his records sealed in this state or

any other state may present official documentation that he has

been restored to his civil rights or a court order restoring his civil

rights as proof that he has been restored to the right to vote, to

hold office and to serve as a juror.

Sec. 4. NRS 179.301 is hereby amended to read as follows:

179.301 1. The State Gaming Control Board and the Nevada

Gaming Commission and their employees, agents and

representatives may inquire into and inspect any records sealed

pursuant to NRS 179.245 or 179.255, if the event or conviction was

related to gaming, for purposes of determining the suitability or

qualifications of any person to hold a state gaming license,

manufacturer’s, seller’s or distributor’s license or gaming work

permit pursuant to chapter 463 of NRS. Events and convictions, if

any, which are the subject of an order sealing records [may] :

(a) May form the basis for recommendation, denial or

revocation of those licenses . [or work permits.]

(b) Must not form the basis for denial or rejection of a gaming

work permit unless the event or conviction relates to the

applicant’s suitability or qualifications to hold the work permit.

2. The Central Repository for Nevada Records of Criminal

History and its employees may inquire into and inspect any records

sealed pursuant to NRS 179.245 or 179.255 that constitute

information relating to sexual offenses, and may notify employers of

the information in accordance with NRS 179A.180 to 179A.240,

inclusive.

3. Records which have been sealed pursuant to NRS 179.245

or 179.255 and which are retained in the statewide registry

established pursuant to NRS 179B.200 may be inspected pursuant to

chapter 179B of NRS by an officer or employee of the Central

Repository or a law enforcement officer in the regular course of his

duties.

Sec. 5. NRS 179C.010 is hereby amended to read as follows:

179C.010 1. Except as otherwise provided in subsection 2, as

used in this chapter, unless the context otherwise requires,

“convicted person” means:

(a) A person convicted in the State of Nevada [of an offense that

is punishable as a felony] or convicted in any place other than the

State of Nevada of [a felony;

(b) A person convicted in the State of Nevada, or elsewhere, of

the violation of a law, regardless of whether the violation is

punishable as a felony:

(1) Relating to or regulating the possession, distribution,

furnishing or use of a habit-forming drug of the kind or character

described and referred to in the Uniform Controlled Substances Act;

(2) Regulating or prohibiting the carrying, possession or

ownership of a concealed weapon, deadly weapon or weapon

capable of being concealed, or regulating or prohibiting the

possession, sale or use of a device, instrument or attachment

designed or intended to be used to silence the report or conceal the

discharge or flash of any firearm; or

(3) Regulating or prohibiting the use, possession,

manufacture or compounding of tear gas, or any other gas, that may

be used to disable temporarily or permanently a human being; or

an attempt or a conspiracy to commit an offense described or

referred to in this subsection.] two or more offenses punishable as

felonies.

(b) A person convicted in the State of Nevada of an offense

punishable as a category A felony.

any place other than the State of Nevada of a crime that would

constitute a category A felony if committed in this state on July 1,

2003.

2. For the purposes of this chapter, “convicted person” does not

include:

(a) A person who has been convicted of a crime against a child,

as defined in NRS 179D.210, or a sexual offense, as defined in NRS

179D.410; or

(b) Except as otherwise provided in this chapter, a person whose

conviction is or has been set aside in the manner provided by law.

Sec. 6. NRS 179C.100 is hereby amended to read as follows:

179C.100 1. It is unlawful for a convicted person to be or

remain in the State of Nevada for a period of more than 48 hours

without, during such 48-hour period, registering with the sheriff of a

county or the chief of police of a city in the manner prescribed in

this section.

2. A convicted person who does not reside in the State of

Nevada but who has a temporary or permanent place of abode

outside the State of Nevada, and who comes into the State on five

occasions or more during any 30-day period, is subject to the

provisions of this chapter.

3. A person who has registered as a convicted person with the

sheriff of a county or the chief of police of a city shall register again

as provided in this section if he subsequently commits another

offense described or referred to in this chapter.

4. A person required by this section to register shall do so by

filing with the sheriff or chief of police a statement in writing, upon

a form prescribed and furnished by the sheriff or chief of police,

which is signed by the person and which provides the following

information:

(a) His true name and each alias that he has used or under which

he may have been known;

(b) A full and complete description of his person;

been convicted;

(d) The place in which he was convicted of each crime;

(e) The name under which he was convicted in each instance

and the date thereof;

(f) The name, if any, and the location of each prison,

reformatory, jail or other penal institution in which he was confined

or to which he was sentenced;

(g) The location and address of his residence, stopping place,

living quarters or place of abode, and if more than one residence,

stopping place or place of abode, that fact must be stated and the

location and address of each given;

(h) The kind of residence, stopping place, or place of abode in

which he resides, including whether it is a private residence, hotel,

apartment house or other building or structure;

(i) The length of time he has occupied each place of residence,

stopping place or place of abode, and the length of time he expects

or intends to remain in the State of Nevada; and

(j) Any further information that may be required by the sheriff

or chief of police for the purpose of aiding and assisting in carrying

into effect the provisions and intent of this chapter.

5. The sheriff of a county or the chief of police of a city shall

not require a convicted person to carry a registration card, and no

convicted person who is required to register pursuant to this

section may be punished for the failure to carry a registration

card.

6. When so ordered in the individual case by the district court

in which the conviction was obtained, by the State Board of Parole

Commissioners or by the State Board of Pardons Commissioners,

whichever is appropriate, the provisions of this section do not apply

to a convicted person who has had his civil rights restored.

Sec. 7. NRS 6.010 is hereby amended to read as follows:

6.010 [Every] Except as otherwise provided in this section,

every qualified elector of the State, whether registered or not, who

has sufficient knowledge of the English language, and who hasnot

been convicted of treason, a felony, or other infamous crime, and

who isnot rendered incapable by reason of physical or mental

infirmity, is a qualified juror of the county in which he resides. A

person who has been convicted of a felony is not a qualified juror

of the county in which he resides until his civil right to serve as a

juror has been restored pursuant to NRS 176A.850, 179.285,

213.090, 213.155 or 213.157.

Sec. 8. NRS 119A.230 is hereby amended to read as follows:

119A.230 1. The Administrator may impose a fine or

suspend, revoke, reissue, subject to conditions, or deny the renewal

of any sales agent’s license issued under the provisions of this

chapter at any time if the sales agent has, by false or fraudulent

application or representation, obtained a license or, whether or not

acting as a sales agent, is found guilty of:

(a) Making any material misrepresentation;

(b) Making any false promises of a character likely to influence,

persuade or induce;

techniques or tactics;

(d) Accepting a commission or valuable consideration as a sales

agent for the performance of any of the acts specified in this chapter

from any person except a licensed project broker with whom the

sales agent is associated or the developer by whom he is employed;

(e) Failing, within a reasonable time, to account for or remit or

turn over to the project broker any money which comes into his

possession and which belongs to others;

(f) Violating any of the provisions of this chapter or chapter

119B of NRS or of any regulation adopted pursuant to either

chapter, or willfully aiding or abetting another to do so; or

(g) A felony relating to the practice of a sales agent or other

crime of moral turpitude or has entered a plea of nolo contendere to

a felony relating to the practice of a sales agent or other crime of

moral turpitude.

2. The Administrator may investigate the actions of any sales

agent or any person who acts in such a capacity within the State of

Nevada.

Sec. 9. NRS 138.020 is hereby amended to read as follows:

138.020 1. No person is qualified to serve as an executor

who, at the time the will is probated:

(a) Is under the age of majority;

(b) Has been convicted of a felony[;] relating to the position of

an executor;

the duties of executor by reason of drunkenness, improvidence or

lack of integrity or understanding; or

(d) Is a bank not authorized to do business in the State of

Nevada, unless it associates as coexecutor a bank authorized to do

business in this state. An out-of-state bank is qualified to appoint a

substitute executor, pursuant to NRS 138.045, without forming such

an association, but any natural person so appointed must be a

resident of this state.

2. If a disqualified person is named as the sole executor in a

will, or if all persons so named are disqualified or renounce their

right to act, or fail to appear and qualify, letters of administration

with the will annexed must issue.

Sec. 10. NRS 139.010 is hereby amended to read as follows:

139.010 No person is entitled to letters of administration who:

1. Is under the age of majority;

2. Has been convicted of a felony[;] relating to the position of

an administrator;

3. Upon proof, is adjudged by the court disqualified by reason

of conflict of interest, drunkenness, improvidence, or lack of

integrity or understanding; or

4. Is not a resident of the State of Nevada and who does not

associate as coadministrator a resident of the State of Nevada or

which, in the case of a banking corporation, is not authorized to do

business in this state and does not associate as coadministrator a

resident of the State of Nevada or a banking corporation authorized

to do business in this state.

Sec. 11. NRS 159.059 is hereby amended to read as follows:

159.059 Any qualified person or entity that the court finds

suitable may serve as a guardian. A person is not qualified to serve

as a guardian who:

1. Is an incompetent.

2. Is a minor.

3. Has been convicted of a felony[.] relating to the position of

a guardian.

4. Has been suspended for misconduct or disbarred from the

practice of law during the period of the suspension or disbarment.

5. Is a nonresident of this state and has not:

(a) Associated as a coguardian, a resident of this state or a

banking corporation whose principal place of business is in this

state; and

(b) Caused the appointment to be filed in the guardianship

proceeding.

6. Has been judicially determined, by clear and convincing

evidence, to have committed abuse, neglect or exploitation of a

child, spouse, parent or other adult.

Sec. 12. NRS 202.760 is hereby amended to read as follows:

202.760 It is unlawful for any person:

1. Who is under indictment for, or has been convicted in any

court of, a crime relating to the practice of shipping or

transporting explosives that is punishable by imprisonment for a

term exceeding 1 year;

2. Who is a fugitive from justice;

3. Who is an unlawful user of or addicted to any depressant or

stimulant drug or any controlled substance; or

4. Who has been judicially declared mentally ill or who has

been committed to a hospital as mentally ill,

to ship or transport any explosive within the State or to receive any

explosive which has been shipped or transported within the State.

Sec. 13. NRS 213.090 is hereby amended to read as follows:

213.090 1. [When a pardon] Except as otherwise provided in

subsection 2, a person who is granted a pardon for any offense

committed [, the pardon may or may not include restoration of civil

rights. If the pardon includes restoration of civil rights, it must be so

stated in the instrument or certificate of pardon and, when granted

upon conditions, limitations or restrictions, they must be fully set

forth in the instrument.

2. In any case where a convicted person has received a pardon

without immediate restoration of his civil rights, he may apply to the

State Board of Pardons Commissioners for restoration of his civil

rights and release from penalties and disabilities resulting from the

offense or crime of which he was convicted.

3. Upon receiving an application pursuant to subsection 2, the

Board shall determine whether the applicant has received a pardon.

If the Board determines that the applicant has received a pardon, the

Board shall, as soon as reasonably practicable, restore him to his

civil rights and release him from all penalties and disabilities

resulting from the offense or crime of which he was convicted.

4. An applicant] :

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

(1) The right to vote; and

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

(b) Four years after the date that his pardon is granted, is

restored to the right to hold office.

restored to the right to serve as a juror in a criminal action.

2. Except as otherwise provided in this subsection, the civil

rights set forth in subsection 1 are not restored to a person who

has been granted a pardon if the person has previously been

convicted in this state:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if

committed as of the date that his pardon is granted.

violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force or violence that

resulted in substantial bodily harm to the victim and that would

constitute a category B felony if committed as of the date that his

pardon is granted.

(e) Two or more times of a felony, unless a felony for which

the person has been convicted arose out of the same act,

transaction or occurrence as another felony, in which case the

convictions for those felonies shall be deemed to constitute a

single conviction for the purposes of this paragraph.

A person described in this subsection may petition the court in

which the person was convicted for an order granting the

restoration of his civil rights as set forth in subsection 1.

3. Except for a person subject to the limitations set forth in

subsection 2, upon receiving a pardon, a person so pardoned must

be given an official document which provides:

(a) That he has been granted a pardon;

(b) That he has been restored to his civil rights to vote and to

serve as a juror in a civil action as of the date that his pardon is

granted;

restored to him pursuant to paragraph (b) of subsection 1; and

(d) The date on which his civil right to serve as a juror in a

criminal action will be restored to him pursuant to paragraph (c)

of subsection 1.

4. Subject to the limitations set forth in subsection 2, a person

who has been granted a pardon in this state or elsewhere and

whose official documentation of his pardon is lost, damaged or

destroyed may file a written request with a court of competent

jurisdiction to restore his civil rights pursuant to this section.

Upon verification that the person has been granted a pardon and

is eligible to be restored to the civil rights set forth in subsection 1,

the court shall issue an order restoring the person to the civil

rights set forth in subsection 1. A person must not be required to

pay a fee to [have his civil rights restored or to be released from

penalties and disabilities pursuant to this section.] receive such an

order.

5. A person who has been granted a pardon in this state or

elsewhere may present:

(a) Official documentation of his pardon, if it contains the

provisions set forth in subsection 3; or

(b) A court order restoring his civil rights,

as proof that he has been restored to the civil rights set forth in

subsection 1.

Sec. 14. NRS 213.155 is hereby amended to read as follows:

213.155 1. [The Board may restore a paroled prisoner to his

civil rights, conditioned upon the prisoner receiving] Except as

otherwise provided in subsection 2, a person who receives an

honorable discharge from parole pursuant to NRS 213.154 [. Such

restoration must take effect at the expiration of the parole of the

prisoner.

2. In any case where a convicted person has completed his

parole without immediate restoration of his civil rights and has been

issued an honorable discharge from parole pursuant to NRS

213.154, he may apply to the Division to request a restoration of his

civil rights and release from penalties and disabilities which resulted

from the offense or crime of which he was convicted.

3. Upon receiving an application pursuant to subsection 2, the

Division shall determine whether the applicant has received an

honorable discharge from parole. If the Division determines that the

applicant has received an honorable discharge, the Division shall

forward the application to the Board.

4. Upon receiving an application pursuant to subsection 3, the

Board shall, as soon as reasonably practicable, restore the applicant

to his civil rights and release him from all penalties and disabilities

resulting from the offense or crime of which he was convicted.

5. An applicant] :

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

(1) The right to vote; and

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

(b) Four years after the date of his honorable discharge from

parole, is restored to the right to hold office.

parole, is restored to the right to serve as a juror in a criminal

action.

2. Except as otherwise provided in this subsection, the civil

rights set forth in subsection 1 are not restored to a person who

has received an honorable discharge from parole if the person has

previously been convicted in this state:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if

committed as of the date of his honorable discharge from parole.

violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force or violence that

resulted in substantial bodily harm to the victim and that would

constitute a category B felony if committed as of the date of his

honorable discharge from parole.

(e) Two or more times of a felony, unless a felony for which

the person has been convicted arose out of the same act,

transaction or occurrence as another felony, in which case the

convictions for those felonies shall be deemed to constitute a

single conviction for the purposes of this paragraph.

A person described in this subsection may petition the court in

which the person was convicted for an order granting the

restoration of his civil rights as set forth in subsection 1.

3. Except for a person subject to the limitations set forth in

subsection 2, upon his honorable discharge from parole, a person

so discharged must be given an official document which provides:

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

(b) That he has been restored to his civil rights to vote and to

serve as a juror in a civil action as of the date of his honorable

discharge from parole;

restored to him pursuant to paragraph (b) of subsection 1; and

(d) The date on which his civil right to serve as a juror in a

criminal action will be restored to him pursuant to paragraph (c)

of subsection 1.

4. Subject to the limitations set forth in subsection 2, a person

who has been honorably discharged from parole in this state or

elsewhere and whose official documentation of his honorable

discharge from parole is lost, damaged or destroyed may file a

written request with a court of competent jurisdiction to restore his

civil rights pursuant to this section. Upon verification that the

person has been honorably discharged from parole and is eligible

to be restored to the civil rights set forth in subsection 1, the court

shall issue an order restoring the person to the civil rights set forth

in subsection 1. A person must not be required to pay a fee to [have

his civil rights restored or to be released from penalties and

disabilities pursuant to this section.

6.] receive such an order.

5. A person who has been honorably discharged from parole

in this state or elsewhere may present:

(a) Official documentation of his honorable discharge from

parole, if it contains the provisions set forth in subsection 3; or

(b) A court order restoring his civil rights,

as proof that he has been restored to the civil rights set forth in

subsection 1.

6. The Board may adopt regulations necessary or convenient

for the purposes of this section.

Sec. 15. NRS 213.157 is hereby amended to read as follows:

213.157 1. [In any case where a] Except as otherwise

provided in subsection 2, a person convicted of a felony in the State

of Nevada who has served his sentence and has been released from

prison [, he may apply to the Division requesting restoration of his

civil rights and release from all penalties and disabilities which

resulted from the offense or crime of which he was convicted.

2. Upon receiving an application pursuant to subsection 1, the

Division shall determine whether the applicant has served his

sentence and been released from prison. If the division determines

that the applicant has served his sentence and been released from

prison, the Division shall forward the application to the district court

in which the conviction was obtained.

3. Upon receiving an application pursuant to subsection 2, the

court shall, as soon as reasonably practicable, restore the civil rights

of the applicant and release him from all penalties and disabilities

which resulted from the offense or crime of which he was convicted.

4. An applicant] :

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

(1) The right to vote; and

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

(b) Four years after the date of his release from prison, is

restored to the right to hold office.

restored to the right to serve as a juror in a criminal action.

2. Except as otherwise provided in this subsection, the civil

rights set forth in subsection 1 are not restored to a person who

has been released from prison if the person has previously been

convicted in this state:

(a) Of a category A felony.

(b) Of an offense that would constitute a category A felony if

committed as of the date of his release from prison.

violence that resulted in substantial bodily harm to the victim.

(d) Of an offense involving the use of force or violence that

resulted in substantial bodily harm to the victim and that would

constitute a category B felony if committed as of the date of his

release from prison.

(e) Two or more times of a felony, unless a felony for which

the person has been convicted arose out of the same act,

transaction or occurrence as another felony, in which case the

convictions for those felonies shall be deemed to constitute a

single conviction for the purposes of this paragraph.

A person described in this subsection may petition the court in

which the person was convicted for an order granting the

restoration of his civil rights as set forth in subsection 1.

3. Except for a person subject to the limitations set forth in

subsection 2, upon his release from prison, a person so released

must be given an official document which provides:

(a) That he has been released from prison;

(b) That he has been restored to his civil rights to vote and to

serve as a juror in a civil action as of the date of his release from

prison;

restored to him pursuant to paragraph (b) of subsection 1; and

(d) The date on which his civil right to serve as a juror in a

criminal action will be restored to him pursuant to paragraph (c)

of subsection 1.

4. Subject to the limitations set forth in subsection 2, a person

who has been released from prison in this state or elsewhere and

whose official documentation of his release from prison is lost,

damaged or destroyed may file a written request with a court of

competent jurisdiction to restore his civil rights pursuant to this

section. Upon verification that the person has been released from

prison and is eligible to be restored to the civil rights set forth in

subsection 1, the court shall issue an order restoring the person to

the civil rights set forth in subsection 1. A person must not be

required to pay a fee to [have his civil rights restored or to be

released from penalties and disabilities pursuant to this section.]

receive such an order.

5. A person who has been released from prison in this state or

elsewhere may present:

(a) Official documentation of his release from prison, if it

contains the provisions set forth in subsection 3; or

(b) A court order restoring his civil rights,

as proof that he has been restored to the civil rights set forth in

subsection 1.

Sec. 16. NRS 248.010 is hereby amended to read as follows:

248.010 1. Sheriffs [shall] must be elected by the qualified

electors of their respective counties.

2. Sheriffs [shall] must be chosen by the electors of their

respective counties at the general election in 1922, and at the

general election every 4 years thereafter, and shall enter upon the

duties of their respective offices on the [1st] first Monday of

January subsequent to their election.

3. A person who has been convicted of a felony in this state or

any other state is not qualified to be a candidate for or elected or

appointed to the office of sheriff regardless of whether he has

been restored to his civil rights.

Sec. 17. NRS 258.010 is hereby amended to read as follows:

258.010 1. Except as otherwise provided in subsections 2

and 3:

(a) Constables must be elected by the qualified electors of their

respective townships.

(b) The constables of the several townships of the State must be

chosen at the general election of 1966, and shall enter upon the

duties of their offices on the first Monday of January next

succeeding their election, and hold their offices for the term of 4

years thereafter, until their successors are elected and qualified.

boards of county commissioners of their respective counties.

2. In a county which includes only one township, the board of

county commissioners may, by resolution, appoint the sheriff ex

officio constable to serve without additional compensation. The

resolution must not become effective until the completion of the

term of office for which a constable may have been elected.

3. In a county whose population:

(a) Is less than 400,000, if the board of county commissioners

determines that the office of constable is not necessary in one or

more townships within the county, it may, by ordinance, abolish the

office of constable in those townships.

(b) Is 400,000 or more, if the board of county commissioners

determines that the office of constable is not necessary in one or

more townships within the county, it may, by ordinance, abolish the

office in those townships, but the abolition does not become

effective as to a particular township until the constable incumbent

on May 28, 1979, does not seek, or is defeated for,

reelection.

For a township in which the office of constable has been abolished,

the board of county commissioners may, by resolution, appoint the

sheriff ex officio constable to serve without additional

compensation.

4. A person who has been convicted of a felony in this state or

any other state is not qualified to be a candidate for or elected or

appointed to the office of constable regardless of whether he has

been restored to his civil rights.

Sec. 18. Chapter 289 of NRS is hereby amended by adding

thereto a new section to read as follows:

A person who has been convicted of a felony in this state or any

other state is not qualified to serve as a category I peace officer,

category II peace officer or category III peace officer regardless of

whether he has been restored to his civil rights.

Sec. 19. NRS 289.450 is hereby amended to read as follows:

289.450 As used in NRS 289.450 to 289.600, inclusive, and

section 18 of this act, unless the context otherwise requires, the

words and terms defined in NRS 289.460 to 289.490, inclusive,

have the meanings ascribed to them in those sections.

Sec. 20. NRS 386.549 is hereby amended to read as follows:

386.549 1. The governing body of a charter school must

consist of at least three teachers, as defined in subsection 4, and may

consist of, without limitation, parents and representatives of

nonprofit organizations and businesses. A majority of the members

of the governing body must reside in this state. If the membership of

the governing body changes, the governing body shall provide

written notice to the sponsor of the charter school within 10 working

days after such change. A person may serve on the governing body

only if he submits an affidavit to the Department indicating that the

person has not been convicted of a felony relating to serving on the

governing body of a charter school or any offense involving moral

turpitude.

2. The governing body of a charter school is a public body. It is

hereby given such reasonable and necessary powers, not conflicting

with the Constitution and the laws of the State of Nevada, as may be

requisite to attain the ends for which the charter school is

established and to promote the welfare of pupils who are enrolled in

the charter school.

3. The governing body of a charter school shall, during each

calendar quarter, hold at least one regularly scheduled public

meeting in the county in which the charter school is located.

4. As used in subsection 1, “teacher” means a person who:

(a) Holds a current license to teach issued pursuant to chapter

391 of NRS; and

(b) Has at least 2 years of experience as an employed

teacher.

The term does not include a person who is employed as a substitute

teacher.

Sec. 21. NRS 398.460 is hereby amended to read as follows:

398.460 1. Except as otherwise provided in subsection 2, the

Secretary of State shall issue a certificate of registration to a natural

person who complies with NRS 398.452 or whose application has

been accepted under NRS 398.456.

2. The Secretary of State may refuse to issue a certificate of

registration if he determines that the applicant has engaged in

conduct that has a significant adverse effect on his fitness to act as

an athlete’s agent. In making this determination, the Secretary of

State may consider whether the applicant has:

(a) Been convicted of a crime that, if committed in this state,

would be a crime involving moral turpitude or a felony[;] relating

to his fitness to act as an athlete’s agent;

(b) Made a materially false, misleading, deceptive or fraudulent

representation in his application or as an athlete’s agent;

in a fiduciary capacity;

(d) Engaged in conduct prohibited by NRS 398.496;

(e) Had registration or licensure as an athlete’s agent suspended,

revoked or denied, or been refused renewal of registration or

licensure as an athlete’s agent, in any state;

(f) Engaged in conduct whose consequence was that a sanction,

suspension or declaration of ineligibility to participate in an

interscholastic or intercollegiate athletic event was imposed on a

student athlete or an institution; or

(g) Engaged in conduct that significantly adversely reflects on

his credibility, honesty or integrity.

3. In making a determination pursuant to subsection 2, the

Secretary of State shall consider:

(a) How recently the conduct occurred;

(b) The nature of the conduct and the context in which it

occurred; and

Sec. 22. NRS 463.335 is hereby amended to read as follows:

463.335 1. The Legislature finds that, to protect and promote

the health, safety, morals, good order and general welfare of the

inhabitants of the State of Nevada and to carry out the policy

declared in NRS 463.0129, it is necessary that the Board:

(a) Ascertain and keep itself informed of the identity, prior

activities and present location of all gaming employees and

independent agents in the State of Nevada; and

(b) Maintain confidential records of such information.

2. Except as otherwise provided in subsection 3, a person may

not be employed as a gaming employee or serve as an independent

agent unless he is the holder of a valid work permit to work as a

gaming employee issued pursuant to this section. A work permit to

work as a gaming employee may be issued by the Board or by a

county or city licensing authority. An applicant for a work permit

shall file his application for a work permit with the licensing

authority of the city in which he resides if that city requires a work

permit. If the city in which he resides does not require such a permit,

the applicant shall file his application with the licensing authority of

the county in which he resides if that county requires a work permit.

If the county in which he resides does not require such a permit, the

applicant shall file his application with the Board. The Board shall,

by regulation, prescribe the form for an application for a work

permit to work as a gaming employee. The fee for such a permit

may be charged only to cover the actual investigative and

administrative costs related to processing an application for such a

permit and must not exceed $75.

3. An independent agent is not required to hold a work permit

if he is not a resident of this state and has registered with the Board

in accordance with the provisions of the regulations adopted by the

Commission.

4. Upon receipt of an application for a work permit to work as

a gaming employee, the Board or licensing authority shall conduct

an investigation of the applicant to determine whether he is eligible

for the permit. In conducting the investigation, the Board or

licensing authority 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 a report concerning the criminal history of the

applicant. The investigation need not be limited solely to

consideration of the results of the report concerning the criminal

history of the applicant.

5. A work permit issued to a gaming employee or an

independent agent must have clearly imprinted thereon a statement

that it is valid for gaming purposes only.

6. Unless denied or objected to by the Board at the time that

the permittee filed a notice of a change in his place of employment

pursuant to subsection 8 and unless suspended or revoked, such a

permit expires on the fifth anniversary of the permittee’s birthday,

measured from the birthday nearest the date of issuance or renewal.

If the date of birth of a permittee is on February 29 in a leap year,

for the purposes of this section, his date of birth shall be deemed to

be on February 28.

7. Whenever any person applies to a county or city licensing

authority for the issuance or renewal of a work permit, the county or

city officer or employee to whom the application is made shall

within 24 hours mail or deliver a copy thereof to the Board, and may

at the discretion of the county or city licensing authority issue a

temporary work permit that is valid for 120 days. If within 120 days

after receipt by the Board of the copy of the application, the Board

has not notified the county or city licensing authority of any

objection, the authority may issue, renew or deny a permanent work

permit to the applicant.

8. A gaming employee who is issued a work permit is eligible

for employment in any licensed gaming establishment in this state

until the work permit is denied or objected to by the Board, expires

or is revoked. However, each such employee shall notify the Board

within 10 days following any change of his place of employment at

a gaming establishment. Such a notification shall be deemed an

application for a work permit that the Board may deny or object to

after conducting any investigations the Board deems appropriate.

The provisions of subsections 9 to 16, inclusive, apply to any such

objection of the Board. The Commission shall adopt regulations to:

(a) Facilitate uniform procedures for the issuance of work

permits by counties and cities;

(b) Establish uniform criteria for denial by a county or city

licensing authority of an application for a work permit; and

records that contain information regarding the current place of

employment of each person who possesses a valid work permit.

9. If the Board, within the 120-day period, notifies:

(a) The county or city licensing authority; and

(b) The applicant,

that the Board objects to the granting of a work permit to the

applicant, the authority shall deny the work permit and shall

immediately revoke and repossess any temporary work permit

which it may have issued. The notice of objection by the Board

which is sent to the applicant must include a statement of the facts

upon which the Board relied in making its objection.

10. Whenever an application for a work permit is made to the

Board and the Board denies such an application, it shall include in

its notice of the denial a statement of the facts upon which it relied

in denying the application.

11. Any person whose application for a work permit has been

denied because of an objection by the Board or whose application

has been denied by the Board may, not later than 60 days after

receiving notice of the denial or objection, apply to the Board for a

hearing. A failure of a person whose application has been denied to

apply for a hearing within 60 days or his failure to appear at a

hearing of the Board conducted pursuant to this section shall be

deemed to be an admission that the denial or objection is well-

founded, and the failure precludes administrative or judicial review.

At the hearing, the Board shall take any testimony deemed

necessary. After the hearing, the Board shall review the testimony

taken and any other evidence, and shall within 45 days after the date

of the hearing mail to the applicant its decision sustaining or

reversing the denial of the work permit or the objection to the

issuance of a work permit.

12. The Board may object to the issuance of a work permit or

may refuse to issue a work permit for any cause deemed reasonable

by the Board. The Board may object or refuse if the applicant has:

(a) Failed to disclose or misstated information or otherwise

attempted to mislead the Board with respect to any material fact

contained in the application for the issuance or renewal of a work

permit;

(b) Knowingly failed to comply with the provisions of this

chapter or chapter 463B, 464 or 465 of NRS or the regulations of

the Commission at a place of previous employment;

moral turpitude, embezzlement or larceny or any violation of any

law pertaining to gaming, or any crime which is inimical to the

declared policy of this state concerning gaming;

(d) Committed, attempted or conspired to commit a crime which

is a felony or gross misdemeanor in this state or an offense in

another state or jurisdiction which would be a felony or gross

misdemeanor if committed in this state [;] and which relates to the

applicant’s suitability or qualifications to work as a gaming

employee;

(e) Been identified in the published reports of any federal or

state legislative or executive body as being a member or associate of

organized crime, or as being of notorious and unsavory reputation;

(f) Been placed and remains in the constructive custody of any

federal, state or municipal law enforcement authority; or

(g) Had a work permit revoked or committed any act which is a

ground for the revocation of a work permit or would have been a

ground for revoking his work permit if he had then held a work

permit.

If the Board issues or does not object to the issuance of a work

permit to an applicant, it may specially limit the period for which

the permit is valid, limit the job classifications for which the holder

of the permit may be employed and establish such individual

conditions for the issuance, renewal and effectiveness of the permit

as the Board deems appropriate, including required submission to

unscheduled tests for the presence of alcohol or controlled

substances.

13. Any applicant aggrieved by the decision of the Board may,

within 15 days after the announcement of the decision, apply in

writing to the Commission for review of the decision. Review is

limited to the record of the proceedings before the Board. The

Commission may sustain, modify or reverse the Board’s decision.

The decision of the Commission is subject to judicial review

pursuant to NRS 463.315 to 463.318, inclusive.

14. Except as otherwise provided in this subsection, all records

acquired or compiled by the Board or Commission relating to any

application made pursuant to this section and all lists of persons to

whom work permits have been issued or denied and all records of

the names or identity of persons engaged in the gaming industry in

this state are confidential and must not be disclosed except in the

proper administration of this chapter or to an authorized law

enforcement agency. Upon receipt of a request from the Welfare

Division of the Department of Human Resources pursuant to NRS

425.400 for information relating to a specific person who has

applied for or holds a work permit, the Board shall disclose to the

Division his social security number, residential address and current

employer as that information is listed in the files and records of the

Board. Any record of the Board or Commission which shows that

the applicant has been convicted of a crime in another state must

show whether the crime was a misdemeanor, gross misdemeanor,

felony or other class of crime as classified by the state in which the

crime was committed. In a disclosure of the conviction, reference to

the classification of the crime must be based on the classification in

the state where it was committed.

15. The Chairman of the Board may designate a member of the

Board or the Board may appoint a hearing examiner and authorize

that person to perform on behalf of the Board any of the following

functions required of the Board by this section concerning work

permits:

(a) Conducting a hearing and taking testimony;

(b) Reviewing the testimony and evidence presented at the

hearing;

testimony and evidence or rendering a decision on behalf of

the Board to sustain or reverse the denial of a work permit or the

objection to the issuance or renewal of a work permit; and

(d) Notifying the applicant of the decision.

16. Notice by the Board as provided pursuant to this section is

sufficient if it is mailed to the applicant’s last known address as

indicated on the application for a work permit, or the record of the

hearing, as the case may be. The date of mailing may be proven by a

certificate signed by an officer or employee of the Board which

specifies the time the notice was mailed. The notice shall be deemed

to have been received by the applicant 5 days after it is deposited

with the United States Postal Service with the postage thereon

prepaid.

Sec. 23. NRS 489.421 is hereby amended to read as follows:

489.421 The following grounds, among others, constitute

grounds for disciplinary action under NRS 489.381:

1. Revocation or denial of a license issued pursuant to this

chapter or an equivalent license in any other state, territory or

country.

2. Failure of the licensee to maintain any other license required

by any political subdivision of this state.

3. Failure to respond to a notice served by the Division as

provided by law within the time specified in the notice.

4. Failure to take the corrective action required in a notice of

violation issued pursuant to NRS 489.291.

5. Failure or refusing to permit access by the Administrator to

documentary materials set forth in NRS 489.231.

6. Disregarding or violating any order of the Administrator,

any agreement with the Division, or any provision of this chapter or

any regulation adopted under it.

7. Conviction of a misdemeanor for violation of any of the

provisions of this chapter.

8. Conviction of or entering a plea of guilty, guilty but

mentally ill or nolo contendere to [a] :

(a) A felony relating to the position for which the applicant

has applied or the licensee has been licensed pursuant to this

chapter; or [a]

(b) A crime of moral turpitude in this state or any other state,

territory or country.

9. Any other conduct that constitutes deceitful, fraudulent or

dishonest dealing.

Sec. 24. NRS 611.045 is hereby amended to read as follows:

611.045 1. The Labor Commissioner may issue a license to an

applicant for the conduct of an employment agency:

(a) After making an investigation of the applicant and finding

that he is of good moral character and has not been convicted of a

felony relating to the conduct of an employment agency or any

offense involving moral turpitude;

(b) After making an investigation of the premises where the

proposed employment agency will be conducted and finding that the

premises are suitable for the purpose;

state; and

(d) Upon the applicant’s payment of the licensing fee prescribed

in NRS 611.060.

2. The Labor Commissioner shall complete his investigation of

the applicant within 60 days after such applicant has submitted his

application.

3. A license to conduct an employment agency is valid only as

to the person and place named in the license and is effective from

the date specified therein to and including the next following

December 31, unless sooner suspended or revoked.

4. Annually at least 15 days prior to the expiration date of the

license, the licensee must apply for renewal in the manner

prescribed by regulation of the Labor Commissioner. Pending

administrative action on a renewal application, the license may be

continued in effect for a period not to exceed 60 days beyond the

expiration date of the license.

Sec. 25. NRS 623A.065 is hereby amended to read as follows:

623A.065 For the purposes of this chapter, a person has good

moral character if he:

1. [Has not been convicted of a class A felony;

2.] Has not been convicted of a felony , [other than a class A

felony or a] misdemeanor or gross misdemeanor that is directly

related to the practice of landscape architecture;

[3.] 2. Has not committed an act involving dishonesty, fraud,

misrepresentation, breach of a fiduciary duty, gross negligence or

incompetence while engaged in the practice of landscape

architecture;

[4.] 3. Is not incarcerated in a jail or prison at the time of

submitting an application for a certificate of registration or a

certificate to practice as a landscape architect intern;

[5.] 4. Has not committed fraud or misrepresentation in

connection with:

(a) The submission of an application for a certificate of

registration or certificate to practice as a landscape architect intern;

(b) The taking of one or more examinations pursuant to the

provisions of this chapter;

[6.] 5. Has not had his certificate of registration suspended or

revoked by the Board or in any other state or country;

[7.] 6. Has not, in lieu of receiving disciplinary action against

him, surrendered a certificate of registration or certificate to practice

as a landscape architect intern in this state or a certificate or license

to practice landscape architecture issued in another state or country;

[8.] 7. Has not engaged in the practice of landscape

architecture in this state or in any other state or country without a

license or certificate of registration or certificate to practice as a

landscape architect intern within the 2 years immediately preceding

the filing of an application for a certificate of registration or

certificate to practice as a landscape architect intern pursuant to the

provisions of this chapter; or

[9.] 8. Has not, within the 5 years immediately preceding the

filing of an application specified in subsection [8,] 7, engaged in

unprofessional conduct in violation of the regulations adopted by the

Board.

Sec. 26. NRS 623A.280 is hereby amended to read as follows:

623A.280 1. The following acts, among others, constitute

cause for disciplinary action if proof satisfactory to the Board is

presented that:

(a) A holder of a certificate of registration has signed or sealed

instruments of service which were not prepared by him or under his

direct supervision.

(b) A holder of a certificate of registration has permitted the use

of his signature or seal by another person to evade the provisions of

this chapter or any regulation adopted by the Board.

or dated instruments of service prepared by him.

(d) A holder of a certificate of registration or certificate to

practice as a landscape architect intern impersonates a landscape

architect or landscape architect intern of the same or similar name.

(e) A holder of a certificate of registration or certificate to

practice as a landscape architect intern practices under an assumed,

fictitious or corporate name.

(f) A holder of a certificate of registration or certificate to

practice as a landscape architect intern practices landscape

architecture in violation of the provisions of this chapter or any

regulation adopted by the Board.

(g) A holder of a certificate of registration or certificate to

practice as a landscape architect intern has obtained his certificate of

registration or certificate to practice as a landscape architect intern

by fraud or misrepresentation.

(h) A holder of a certificate of registration or certificate to

practice as a landscape architect intern is guilty of fraud or deceit in

the practice of landscape architecture.

(i) A holder of a certificate of registration or certificate to

practice as a landscape architect intern is guilty of incompetency,

negligence or gross negligence.

(j) A holder of a certificate of registration or certificate to

practice as a landscape architect intern is convicted of, or enters a

plea of nolo contendere to[:

(1) Any felony; or

(2) Any] any crime, an essential element of which is

dishonesty, or which is directly related to the practice of landscape

architecture.

(k) A holder of a certificate of registration or certificate to

practice as a landscape architect intern is guilty of aiding or abetting

any person in the violation of the provisions of this chapter or any

regulation adopted by the Board.

(l) A person practices as a landscape architect with a certificate

of registration or certificate to practice as a landscape architect

intern that has expired or has been suspended or revoked.

(m) A holder of a certificate of registration or certificate to

practice as a landscape architect intern is disciplined by an agency

of another state or foreign country which regulates the practice of

landscape architecture and at least one of the grounds for the

disciplinary action taken is a ground for disciplinary action pursuant

to the provisions of this chapter.

(n) A holder of a certificate of registration or certificate to

practice as a landscape architect intern fails to comply with an order

issued by the Board or to cooperate in an investigation conducted by

the Board.

2. As used in this section:

(a) “Gross negligence” means conduct that demonstrates a

reckless disregard of the consequences affecting the life or property

of another person.

(b) “Incompetency” means conduct that, in the practice of

landscape architecture, demonstrates a significant lack of ability,

knowledge or fitness to discharge a professional obligation.

professional care exercised generally by other members in the

practice of landscape architecture.

Sec. 27. NRS 624.3016 is hereby amended to read as follows:

624.3016 The following acts or omissions, among others,

constitute cause for disciplinary action under NRS 624.300:

1. Any fraudulent or deceitful act committed in the capacity of

a contractor.

2. A conviction of a violation of NRS 624.730 , [or] a felony

relating to the practice of a contractor or a crime involving moral

turpitude.

3. Knowingly making a false statement in or relating to the

recording of a notice of lien pursuant to the provisions of

NRS 108.226.

4. Failure to give a notice required by NRS 108.245 or

108.246.

5. Failure to comply with NRS 597.713, 597.716 or 597.719 or

any regulations of the Board governing contracts for the

construction of residential pools and spas.

6. Failure to comply with NRS 624.600.

7. Misrepresentation or the omission of a material fact, or the

commission of any other fraudulent or deceitful act, to obtain a

license.

8. Failure to pay an assessment required pursuant to

NRS 624.470.

Sec. 28. NRS 625.410 is hereby amended to read as follows:

625.410 The Board may take disciplinary action against a

licensee, an applicant for licensure, an intern or an applicant for

certification as an intern for:

1. The practice of any fraud or deceit in obtaining or

attempting to obtain or renew a license or cheating on any

examination required by this chapter.

2. Any gross negligence, incompetency or misconduct in the

practice of professional engineering as a professional engineer or in

the practice of land surveying as a professional land surveyor.

3. Aiding or abetting any person in the violation of any

provision of this chapter or regulation adopted by the Board.

4. Conviction of or entry of a plea of nolo contendere to[:

(a) Any felony; or

(b) Any] any crime, an essential element of which is dishonesty,

or which is directly related to the practice of engineering or land

surveying.

5. A violation of any provision of this chapter or regulation

adopted by the Board.

6. Discipline by another state or territory, the District of

Columbia, a foreign country, the Federal Government or any other

governmental agency, if at least one of the grounds for discipline is

the same or substantially equivalent to any ground contained in this

chapter.

7. Practicing after the license of the professional engineer or

professional land surveyor has expired or has been suspended or

revoked.

8. Failing to comply with an order issued by the Board.

9. Failing to provide requested information within 30 days after

receipt of a request by the Board or its investigators concerning a

complaint made to the Board.

Sec. 29. NRS 625A.160 is hereby amended to read as follows:

625A.160 The grounds for initiating disciplinary action under

this chapter are:

1. Unprofessional conduct;

2. Conviction of a felony relating to the practice of an

environmental health specialist or any offense involving moral

turpitude;

3. The suspension or revocation of a certificate or license as an

environmental health specialist by any other jurisdiction; or

4. Failure to meet the requirements for continuing education.

Sec. 30. NRS 628.190 is hereby amended to read as follows:

628.190 1. Except as otherwise provided in this section and

NRS 628.310, a certificate of certified public accountant must be

granted by the Board to any person who:

(a) Is a resident of this state or, if not a resident, has designated

to the Board an agent who is a resident for notification and service

of process;

(b) Is a person who is without any history of acts involving

dishonesty or moral turpitude;

as provided in NRS 628.200;

(d) Has submitted to the Board a complete set of his fingerprints

and written permission authorizing the Board to forward the

fingerprints to the Central Repository for Nevada Records of

Criminal History for submission to the Federal Bureau of

Investigation for its report; and

(e) Has passed the examination prescribed by the Board.

2. The Board may refuse to grant a certificate of certified

public accountant to an applicant if he has been convicted of a

felony relating to the practice of a certified public accountant

under the laws of any state or of the United States.

3. The Board may issue a provisional certificate to an applicant

until the Board receives the report from the Federal Bureau of

Investigation.

Sec. 31. NRS 628.390 is hereby amended to read as follows:

628.390 1. After giving notice and conducting a hearing, the

Board may revoke, or may suspend for a period of not more than 5

years, any certificate issued under NRS 628.190 to 628.310,

inclusive, any registration or license granted to a registered public

accountant under NRS 628.350, or any registration of a partnership,

corporation, limited-liability company or office, or may revoke,

suspend or refuse to renew any permit issued under NRS 628.380,

or may censure the holder of any permit, for any one or any

combination of the following causes:

(a) Fraud or deceit in obtaining a certificate as a certified public

accountant, or in obtaining registration or a license as a public

accountant under this chapter, or in obtaining a permit to practice

public accounting under this chapter.

(b) Dishonesty, fraud or gross negligence by a certified or

registered public accountant in the practice of public accounting or,

if not in the practice of public accounting, of a kind which adversely

affects the ability to perform public accounting.

(d) Violation of a regulation or rule of professional conduct

adopted by the Board under the authority granted by this chapter.

(e) Conviction of a felony under the laws of any state or of the

United States[.] relating to the practice of public accounting.

(f) Conviction of any crime, an element of which is dishonesty

or fraud, under the laws of any state or of the United States.

(g) Cancellation, revocation, suspension or refusal to renew

authority to practice as a certified public accountant or a registered

public accountant by any other state, for any cause other than failure

to pay an annual registration fee or to comply with requirements for

continuing education or review of his practice in the other state.

(h) Suspension or revocation of the right to practice before any

state or federal agency.

(i) Unless the person has been placed on inactive or retired

status, failure to obtain an annual permit under NRS 628.380,

within:

(1) Sixty days after the expiration date of the permit to

practice last obtained or renewed by the holder of a certificate or

registrant; or

(2) Sixty days after the date upon which the holder of a

certificate or registrant was granted his certificate or registration, if

no permit was ever issued to him, unless the failure has been

excused by the Board.

(j) Conduct discreditable to the profession of public accounting

or which reflects adversely upon the fitness of the person to engage

in the practice of public accounting.

(k) Making a false or misleading statement in support of an

application for a certificate, registration or permit of another person.

2. After giving notice and conducting a hearing, the Board may

deny an application to take the examination prescribed by the Board

pursuant to NRS 628.190, deny a person admission to such an

examination, invalidate a grade received for such an examination or

deny an application for a certificate issued pursuant to NRS 628.190

to 628.310, inclusive, to a person who has:

(a) Made any false or fraudulent statement, or any misleading

statement or omission relating to a material fact in an application:

(1) To take the examination prescribed by the Board pursuant

to NRS 628.190; or

(2) For a certificate issued pursuant to NRS 628.190 to

628.310, inclusive;

(b) Cheated on an examination prescribed by the Board pursuant

to NRS 628.190 or any such examination taken in another state or

jurisdiction of the United States;

the provisions of paragraph (a) or (b); or

(d) Committed any combination of the acts set forth in

paragraphs (a), (b) and (c).

3. In addition to other penalties prescribed by this section, the

Board may impose a civil penalty of not more than $5,000 for each

violation of this section. The Board may recover:

(a) Attorney’s fees and costs incurred with respect to a hearing

held pursuant to this section from a person who is found in violation

of any of the provisions of this section;

(b) Attorney’s fees and costs incurred in the recovery of a civil

penalty imposed pursuant to this section; and

violation.

Sec. 32. NRS 630.301 is hereby amended to read as follows:

630.301 The following acts, among others, constitute grounds

for initiating disciplinary action or denying licensure:

1. Conviction of [a felony,] any offense involving moral

turpitude or any offense relating to the practice of medicine or the

ability to practice medicine. A plea of nolo contendere is a

conviction for the purposes of this subsection.

2. Conviction of violating any of the provisions of NRS

616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350

to 616D.440, inclusive.

3. The revocation, suspension, modification or limitation of the

license to practice any type of medicine by any other jurisdiction or

the surrender of the license or discontinuing the practice of medicine

while under investigation by any licensing authority, a medical

facility, a branch of the Armed Services of the United States, an

insurance company, an agency of the Federal Government or an

employer.

4. Malpractice, which may be evidenced by claims settled

against a practitioner.

5. The engaging by a practitioner in any sexual activity with a

patient who is currently being treated by the practitioner.

6. Disruptive behavior with physicians, hospital personnel,

patients, members of the families of patients or any other persons if

the behavior interferes with patient care or has an adverse impact on

the quality of care rendered to a patient.

7. The engaging in conduct that violates the trust of a patient

and exploits the relationship between the physician and the patient

for financial or other personal gain.

8. The failure to offer appropriate procedures or studies, to

protest inappropriate denials by organizations for managed care, to

provide necessary services or to refer a patient to an appropriate

provider, when such a failure occurs with the intent of positively

influencing the financial well-being of the practitioner or an insurer.

9. The engaging in conduct that brings the medical profession

into disrepute, including, without limitation, conduct that violates

any provision of a national code of ethics adopted by the Board by

regulation.

10. The engaging in sexual contact with the surrogate of a

patient or other key persons related to a patient, including, without

limitation, a spouse, parent or legal guardian, which exploits the

relationship between the physician and the patient in a sexual

manner.

Sec. 33. NRS 630A.340 is hereby amended to read as follows:

630A.340 The following acts, among others, constitute

grounds for initiating disciplinary action or denying the issuance of

a license:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the

possession, distribution or use of any controlled substance or any

dangerous drug as defined in chapter 454 of NRS;

(b) [A felony;

(c)] A violation of any of the provisions of NRS 616D.200,

616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to

616D.440, inclusive;

[(d)] (c) Any offense involving moral turpitude; or

[(e)] (d) Any offense relating to the practice of homeopathic

medicine or the ability to practice homeopathic medicine.

A plea of nolo contendere to any offense listed in [paragraph (a),

(b), (c), (d) or (e)] this subsection shall be deemed a conviction.

3. The suspension, modification or limitation of a license to

practice any type of medicine by any other jurisdiction.

4. The surrender of a license to practice any type of medicine

or the discontinuance of the practice of medicine while under

investigation by any licensing authority, medical facility, facility for

the dependent, branch of the Armed Forces of the United States,

insurance company, agency of the Federal Government or employer.

5. Gross or repeated malpractice, which may be evidenced by

claims of malpractice settled against a practitioner.

6. Professional incompetence.

Sec. 34. NRS 632.320 is hereby amended to read as follows:

632.320 The Board may deny, revoke or suspend any license

or certificate applied for or issued pursuant to this chapter, or take

other disciplinary action against a licensee or holder of a certificate,

upon determining that he:

1. Is guilty of fraud or deceit in procuring or attempting to

procure a license or certificate pursuant to this chapter.

2. Is guilty of [a felony or] any offense:

(a) Involving moral turpitude; or

(b) Related to the qualifications, functions or duties of a licensee

or holder of a certificate,

in which case the record of conviction is conclusive evidence

thereof.

3. Has been convicted of violating any of the provisions of

NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

inclusive.

4. Is unfit or incompetent by reason of gross negligence or

recklessness in carrying out usual nursing functions.

5. Uses any controlled substance, dangerous drug as defined in

chapter 454 of NRS, or intoxicating liquor to an extent or in a

manner which is dangerous or injurious to any other person or

which impairs his ability to conduct the practice authorized by his

license or certificate.

6. Is mentally incompetent.

7. Is guilty of unprofessional conduct, which includes, but is

not limited to, the following:

(a) Conviction of practicing medicine without a license in

violation of chapter 630 of NRS, in which case the record of

conviction is conclusive evidence thereof.

(b) Impersonating any applicant or acting as proxy for an

applicant in any examination required pursuant to this chapter for

the issuance of a license or certificate.

certificate.

(d) Permitting or allowing another person to use his license or

certificate to practice as a licensed practical nurse, registered nurse

or nursing assistant.

(e) Repeated malpractice, which may be evidenced by claims of

malpractice settled against him.

(f) Physical, verbal or psychological abuse of a patient.

(g) Conviction for the use or unlawful possession of a controlled

substance or dangerous drug as defined in chapter 454 of NRS.

8. Has willfully or repeatedly violated the provisions of this

chapter. The voluntary surrender of a license or certificate issued

pursuant to this chapter is prima facie evidence that the licensee or

certificate holder has committed or expects to commit a violation of

this chapter.

9. Is guilty of aiding or abetting any person in a violation of

this chapter.

10. Has falsified an entry on a patient’s medical chart

concerning a controlled substance.

11. Has falsified information which was given to a physician,

pharmacist, podiatric physician or dentist to obtain a controlled

substance.

12. Has been disciplined in another state in connection with a

license to practice nursing or a certificate to practice as a nursing

assistant or has committed an act in another state which would

constitute a violation of this chapter.

13. Has engaged in conduct likely to deceive, defraud or

endanger a patient or the general public.

14. Has willfully failed to comply with a regulation, subpoena

or order of the Board.

For the purposes of this section, a plea or verdict of guilty or guilty

but mentally ill or a plea of nolo contendere constitutes a conviction

of an offense. The Board may take disciplinary action pending the

appeal of a conviction.

Sec. 35. NRS 633.511 is hereby amended to read as follows:

633.511 The grounds for initiating disciplinary action pursuant

to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the

possession, distribution or use of any controlled substance or any

dangerous drug as defined in chapter 454 of NRS;

(b) A felony[;] relating to the practice of osteopathic

medicine;

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

(d) Any offense involving moral turpitude.

3. The suspension of the license to practice osteopathic

medicine by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by

claims of malpractice settled against a practitioner.

5. Professional incompetence.

6. Failure to comply with the requirements of NRS 633.526.

Sec. 36. NRS 634.140 is hereby amended to read as follows:

634.140 The grounds for initiating disciplinary action pursuant

to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regulating the

possession, distribution or use of any controlled substance or any

dangerous drug as defined in chapter 454 of NRS;

(b) A felony[;] relating to the practice of chiropractic;

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

(d) Any offense involving moral turpitude.

3. Suspension or revocation of the license to practice

chiropractic by any other jurisdiction.

4. Gross or repeated malpractice.

5. Referring, in violation of NRS 439B.425, a patient to a

health facility, medical laboratory or commercial establishment in

which the licensee has a financial interest.

Sec. 37. NRS 634A.170 is hereby amended to read as follows:

634A.170 The Board may refuse to issue or may suspend or

revoke any license for any one or any combination of the following

causes:

1. Conviction of:

(a) A felony[;] relating to the practice of Oriental medicine;

(b) Any offense involving moral turpitude;

possession, distribution or use of any controlled substance, as shown

by a certified copy of the record of the court; or

(d) A violation of any of the provisions of NRS 616D.200,

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

2. The obtaining of or any attempt to obtain a license or

practice in the profession for money or any other thing of value, by

fraudulent misrepresentations;

3. Gross or repeated malpractice, which may be evidenced by

claims of malpractice settled against a practitioner;

4. Advertising by means of a knowingly false or deceptive

statement;

5. Advertising, practicing or attempting to practice under a

name other than one’s own;

6. Habitual drunkenness or habitual addiction to the use of a

controlled substance;

7. Using any false, fraudulent or forged statement or document,

or engaging in any fraudulent, deceitful, dishonest or immoral

practice in connection with the licensing requirements of this

chapter;

8. Sustaining a physical or mental disability which renders

further practice dangerous;

9. Engaging in any dishonorable, unethical or unprofessional

conduct which may deceive, defraud or harm the public, or which is

unbecoming a person licensed to practice under this chapter;

10. Using any false or fraudulent statement in connection with

the practice of Oriental medicine or any branch thereof;

11. Violating or attempting to violate, or assisting or abetting

the violation of, or conspiring to violate any provision of this

chapter;

12. Being adjudicated incompetent or insane;

13. Advertising in an unethical or unprofessional manner;

14. Obtaining a fee or financial benefit for any person by the

use of fraudulent diagnosis, therapy or treatment;

15. Willful disclosure of a privileged communication;

16. Failure of a licensee to designate the nature of his practice

in the professional use of his name by the term doctor of Oriental

medicine;

17. Willful violation of the law relating to the health, safety or

welfare of the public or of the regulations adopted by the State

Board of Health;

18. Administering, dispensing or prescribing any controlled

substance, except for the prevention, alleviation or cure of disease or

for relief from suffering; and

19. Performing, assisting or advising in the injection of any

liquid silicone substance into the human body.

Sec. 38. NRS 636.295 is hereby amended to read as follows:

636.295 The following acts, conduct, omissions, or mental or

physical conditions, or any of them, committed, engaged in,

omitted, or being suffered by a licensee, constitute sufficient cause

for disciplinary action:

1. Affliction of the licensee with any communicable disease

likely to be communicated to other persons.

2. Commission by the licensee of a felony relating to the

practice of optometry or a gross misdemeanor involving moral

turpitude of which he has been convicted and from which he has

been sentenced by a final judgment of a federal or state court in this

or any other state, the judgment not having been reversed or vacated

by a competent appellate court and the offense not having been

pardoned by executive authority.

3. Conviction of any of the provisions of NRS 616D.200,

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

4. Commission of fraud by or on behalf of the licensee in

obtaining his license or a renewal thereof, or in practicing optometry

thereunder.

5. Habitual drunkenness or addiction to any controlled

substance.

6. Gross incompetency.

7. Affliction with any mental or physical disorder or

disturbance seriously impairing his competency as an optometrist.

8. Making false or misleading representations, by or on behalf

of the licensee, with respect to optometric materials or services.

9. Practice by the licensee, or attempting or offering so to do,

while he is in an intoxicated condition.

10. Perpetration of unethical or unprofessional conduct in the

practice of optometry.

11. Any violation of the provisions of this chapter or any

regulations adopted pursuant thereto.

Sec. 39. NRS 637A.250 is hereby amended to read as follows:

637A.250 The Board may take disciplinary action against a

licensee after a hearing which discloses that the licensee:

1. Has been convicted of a felony[.] relating to the practice of

hearing aid specialists.

2. Has been convicted of violating any of the provisions of

NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

inclusive.

3. Obtained the license by fraud or misrepresentation.

4. Has made any false or fraudulent statements concerning

hearing aids or the business of hearing aid specialist.

5. Has been guilty of negligence, incompetence or

unprofessional conduct in his practice as a hearing aid specialist. As

used in this subsection, “unprofessional conduct” includes, without

limitation:

(a) Conduct which is intended to deceive or which the Board by

specific regulation has determined is unethical;

(b) Conduct which is harmful to the public or any conduct

detrimental to the public health or safety;

agency of another state which is authorized to regulate the practice

of hearing aid specialists; and

(d) Knowingly employing, directly or indirectly, any person

who is not licensed to fit or dispense hearing aids or whose license

to fit or dispense hearing aids has been suspended or revoked.

6. Has loaned or transferred his license to another person.

7. Willfully violated any law of this state or any provision of

this chapter regulating hearing aid specialists or the operation of an

office, store or other location for dispensing hearing aids.

Sec. 40. NRS 637B.250 is hereby amended to read as follows:

637B.250 The grounds for initiating disciplinary action

pursuant to this chapter are:

1. Unprofessional conduct.

2. Conviction of:

(a) A violation of any federal or state law regarding the

possession, distribution or use of any controlled substance or any

dangerous drug as defined in chapter 454 of NRS;

(b) A felony[;] relating to the practice of audiology or speech

pathology;

616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

(d) Any offense involving moral turpitude.

3. Suspension or revocation of a license to practice audiology

or speech pathology by any other jurisdiction.

4. Gross or repeated malpractice, which may be evidenced by

claims of malpractice settled against a practitioner.

5. Professional incompetence.

Sec. 41. NRS 638.140 is hereby amended to read as follows:

638.140 The following acts, among others, are grounds for

disciplinary action:

1. Violation of a regulation adopted by the State Board of

Pharmacy or the Nevada State Board of Veterinary Medical

Examiners;

2. Habitual drunkenness;

3. Addiction to the use of a controlled substance;

4. Conviction of or a plea of nolo contendere to a felony[,]

related to the practice of veterinary medicine, or any offense

involving moral turpitude;

5. Incompetence;

6. Negligence;

7. Malpractice pertaining to veterinary medicine as evidenced

by an action for malpractice in which the holder of a license is found

liable for damages;

8. Conviction of a violation of any law concerning the

possession, distribution or use of a controlled substance or a

dangerous drug as defined in chapter 454 of NRS;

9. Willful failure to comply with any provision of this chapter,

a regulation, subpoena or order of the Board, the standard of care

established by the American Veterinary Medical Association, or an

order of a court;

10. Prescribing, administering or dispensing a controlled

substance to an animal to influence the outcome of a competitive

event in which the animal is a competitor;

11. Willful failure to comply with a request by the Board for

medical records within 14 days after receipt of a demand letter

issued by the Board;

12. Willful failure to accept service by mail or in person from

the Board;

13. Failure of a supervising veterinarian to provide immediate

or direct supervision to licensed or unlicensed personnel if the

failure results in malpractice or the death of an animal; and

14. Failure of a supervising veterinarian to ensure that a

licensed veterinarian is on the premises of a facility or agency when

medical treatment is administered to an animal if the treatment

requires direct or immediate supervision by a licensed veterinarian.

Sec. 42. NRS 639.210 is hereby amended to read as follows:

639.210 The Board may suspend or revoke any certificate,

license, registration or permit issued pursuant to this chapter, and

deny the application of any person for a certificate, license,

registration or permit, if the holder or applicant:

1. Is not of good moral character;

2. Is guilty of habitual intemperance;

3. Becomes or is intoxicated or under the influence of liquor,

any depressant drug or a controlled substance, unless taken pursuant

to a lawfully issued prescription, while on duty in any establishment

licensed by the Board;

4. Is guilty of unprofessional conduct or conduct contrary to

the public interest;

5. Is addicted to the use of any controlled substance;

6. Has been convicted of a violation of any law or regulation of

the Federal Government or of this or any other state related to

controlled substances, dangerous drugs, drug samples, or the

wholesale or retail distribution of drugs;

7. Has been convicted of [a] :

(a) A felony relating to holding a certificate, license,

registration or permit pursuant to this chapter; or [other]

(b) Other crime involving moral turpitude, dishonesty or

corruption;

8. Has been convicted of violating any of the provisions of

NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

inclusive;

9. Has willfully made to the Board or its authorized

representative any false statement which is material to the

administration or enforcement of any of the provisions of this

chapter;

10. Has obtained any certificate, certification, license or permit

by the filing of an application, or any record, affidavit or other

information in support thereof, which is false or fraudulent;

11. Has violated any provision of the Federal Food, Drug and

Cosmetic Act or any other federal law or regulation relating to

prescription drugs;

12. Has violated, attempted to violate, assisted or abetted in the

violation of or conspired to violate any of the provisions of this

chapter or any law or regulation relating to drugs, the manufacture

or distribution of drugs or the practice of pharmacy, or has

knowingly permitted, allowed, condoned or failed to report a

violation of any of the provisions of this chapter or any law or

regulation relating to drugs, the manufacture or distribution of drugs

or the practice of pharmacy committed by the holder of a certificate,

license, registration or permit;

13. Has failed to renew his certificate, license or permit by

failing to submit the application for renewal or pay the renewal fee

therefor;

14. Has had his certificate, license or permit suspended or

revoked in another state on grounds which would cause suspension

or revocation of a certificate, license or permit in this state;

15. Has, as a managing pharmacist, violated any provision of

law or regulation concerning recordkeeping or inventory in a store

over which he presides, or has knowingly allowed a violation of any

provision of this chapter or other state or federal laws or regulations

relating to the practice of pharmacy by personnel of the pharmacy

under his supervision;

16. Has repeatedly been negligent, which may be evidenced by

claims of malpractice settled against him; or

17. Has failed to maintain and make available to a state or

federal officer any records in accordance with the provisions of this

chapter or chapter 453 or 454 of NRS.

Sec. 43. NRS 640A.200 is hereby amended to read as follows:

640A.200 1. The Board may, after notice and hearing,

suspend, revoke or refuse to issue or renew a license to practice as

an occupational therapist or occupational therapy assistant, or may

impose conditions upon the use of that license, if the Board

determines that the holder of or applicant for the license is guilty of

unprofessional conduct which has endangered or is likely to

endanger the public health, safety or welfare. The Board may

reinstate a revoked license upon application by the person to whom

the license was issued not less than 1 year after the license is

revoked.

2. If the Board receives a report pursuant to subsection 5 of

NRS 228.420, a hearing must be held to consider the report within

30 days after receiving the report.

3. As used in this section, “unprofessional conduct” includes:

(a) The obtaining of a license by fraud or through the

misrepresentation or concealment of a material fact;

(b) The conviction of [any crime, except a misdemeanor which

does not involve] :

(1) A felony or gross misdemeanor relating to the practice

of occupational therapy; or

(2) Any crime involving moral turpitude; and

of the Board adopted pursuant to this chapter.

Sec. 44. NRS 641.230 is hereby amended to read as follows:

641.230 The Board may suspend the license of a psychologist,

place a psychologist on probation, revoke the license of a

psychologist, require remediation for a psychologist or take any

other action specified by regulation if the Board finds by a

preponderance of the evidence that the psychologist has:

1. Been convicted of a felony[.] relating to the practice of

psychology.

2. Been convicted of any crime or offense that reflects the

inability of the psychologist to practice psychology with due regard

for the health and safety of others.

3. Been convicted of violating any of the provisions of NRS

616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

inclusive.

4. Engaged in gross malpractice or repeated malpractice or

gross negligence in the practice of psychology.

5. Aided or abetted the practice of psychology by a person not

licensed by the Board.

6. Made any fraudulent or untrue statement to the Board.

7. Violated a regulation adopted by the Board.

8. Had his license to practice psychology suspended or revoked

or has had any other disciplinary action taken against him by

another state or territory of the United States, the District of

Columbia or a foreign country, if at least one of the grounds for

discipline is the same or substantially equivalent to any ground

contained in this chapter.

9. Failed to report to the Board within 30 days the revocation,

suspension or surrender of, or any other disciplinary action taken

against, a license or certificate to practice psychology issued to him

by another state or territory of the United States, the District of

Columbia or a foreign country.

10. Violated or attempted to violate, directly or indirectly, or

assisted in or abetted the violation of or conspired to violate a

provision of this chapter.

11. Performed or attempted to perform any professional service

while impaired by alcohol, drugs or by a mental or physical illness,

disorder or disease.

12. Engaged in sexual activity with a patient.

13. Been convicted of abuse or fraud in connection with any

state or federal program which provides medical assistance.

14. Been convicted of submitting a false claim for payment to

the insurer of a patient.

Sec. 45. NRS 641A.310 is hereby amended to read as follows:

641A.310 The Board may refuse to grant a license or may

suspend or revoke a license for any of the following reasons:

1. Conviction of a felony[,] relating to the practice of

marriage and family therapy or of any offense involving moral

turpitude, the record of conviction being conclusive evidence

thereof.

2. Habitual drunkenness or addiction to the use of a controlled

substance.

3. Impersonating a licensed marriage and family therapist or

allowing another person to use his license.

4. Using fraud or deception in applying for a license or in

passing the examination provided for in this chapter.

5. Rendering or offering to render services outside the area of

his training, experience or competence.

6. Committing unethical practices contrary to the interest of the

public as determined by the Board.

7. Unprofessional conduct as determined by the Board.

8. Negligence, fraud or deception in connection with services

he is licensed to provide pursuant to this chapter.

Sec. 46. NRS 641B.400 is hereby amended to read as follows:

641B.400 The grounds for initiating disciplinary action

pursuant to this chapter are:

1. Unprofessional conduct;

2. Conviction of:

(a) A felony[;] relating to the practice of social work;

(b) Any offense involving moral turpitude; or

possession, distribution or use of any controlled substance or

dangerous drug as defined in chapter 454 of NRS;

3. Use of fraud or deception in:

(a) Applying for a license;

(b) Undergoing the initial licensing examination; or

4. Allowing unauthorized use of a license issued pursuant to

this chapter;

5. Professional incompetence;

6. Practicing social work without a license; and

7. The habitual use of alcohol or any controlled substance

which impairs the ability to practice social work.

Sec. 47. NRS 641C.700 is hereby amended to read as follows:

641C.700 The grounds for initiating disciplinary action

pursuant to the provisions of this chapter include:

1. Conviction of:

(a) A felony[;] relating to the practice of counseling alcohol

and drug abusers;

(b) An offense involving moral turpitude; or

possession, distribution or use of a controlled substance or

dangerous drug as defined in chapter 453 of NRS;

2. Fraud or deception in:

(a) Applying for a license or certificate;

(b) Taking an examination for a license or certificate;

reinstate a license or certificate;

(d) Submitting a claim for payment to an insurer; or

(e) The practice of counseling alcohol and drug abusers;

3. Allowing the unauthorized use of a license or certificate

issued pursuant to this chapter;

4. Professional incompetence;

5. The habitual use of alcohol or any other drug that impairs

the ability of a licensed or certified counselor or certified intern to

engage in the practice of counseling alcohol and drug abusers;

6. Engaging in the practice of counseling alcohol and drug

abusers with an expired, suspended or revoked license or certificate;

and

7. Engaging in behavior that is contrary to the ethical standards

as set forth in the regulations of the Board.

Sec. 48. NRS 642.130 is hereby amended to read as follows:

642.130 The following acts are grounds for which the Board

may take disciplinary action against a person who is licensed to

practice the profession of embalming pursuant to this chapter or

refuse to issue such a license to an applicant therefor:

1. Gross incompetency.

2. Unprofessional, unethical or dishonest conduct.

3. Habitual intemperance.

4. Fraud or misrepresentation in obtaining or attempting to

obtain a license to practice the profession of embalming.

5. Employment by the licensee of persons commonly known as

“cappers,” “steerers” or “solicitors,” or of other persons to obtain

funeral directing or embalming business.

6. Malpractice.

7. Gross immorality.

8. The unlawful use of any controlled substance.

9. Conviction of a felony[.] relating to the practice of

embalming.

10. False or misleading advertising as defined in NRS 642.490,

or false or misleading statements in the sale of merchandise or

services.

11. Refusal to surrender promptly the custody of a dead human

body upon the request of a person who is legally entitled to custody

of the body.

12. Violation by the licensee of any provision of this chapter,

any regulation adopted pursuant thereto or any other law of this state

relating to the practice of any of the professions regulated by the

Board.

13. The theft or misappropriation of money in a trust fund

established and maintained pursuant to chapter 689 of NRS.

Sec. 49. NRS 642.470 is hereby amended to read as follows:

642.470 The following acts are grounds for which the Board

may take disciplinary action against a person who holds a funeral

director’s license, a permit to operate a funeral establishment or a

license to conduct direct cremations or immediate burials, or refuse

to issue such a license or permit to an applicant therefor:

1. Conviction of a crime involving moral turpitude.

2. Unprofessional conduct.

3. False or misleading advertising.

4. Conviction of a felony[.] relating to the practice of funeral

directors.

5. Conviction of a misdemeanor that is related directly to the

business of a funeral establishment.

Sec. 50. NRS 643.185 is hereby amended to read as follows:

643.185 1. The following are grounds for disciplinary action

by the Board:

(a) Violation by any person licensed pursuant to the provisions

of this chapter of any provision of this chapter or the regulations

adopted by the Board.

(b) Conviction of a felony[.] relating to the practice of barbers.

(d) Continued practice by a person knowingly having an

infectious or contagious disease.

(e) Advertising, practicing or attempting to practice under

another’s name or trade name.

(f) Drunkenness or addiction to a controlled substance.

2. If the Board determines that a violation of this section has

occurred, it may:

(a) Refuse to issue or renew a license;

(b) Revoke or suspend a license;

(d) Require the person to pay all costs incurred by the Board

relating to the discipline of the person.

Sec. 51. NRS 645.633 is hereby amended to read as follows:

645.633 1. The Commission may take action pursuant to

NRS 645.630 against any person subject to that section who is

guilty of:

(a) Willfully using any trade name, service mark or insigne of

membership in any real estate organization of which the licensee is

not a member, without the legal right to do so.

(b) Violating any order of the Commission, any agreement with

the Division, any of the provisions of this chapter, chapter 116, 119,

119A, 119B, 645A or 645C of NRS or any regulation adopted

thereunder.

person for performing the services of a broker, broker-salesman or

salesman who has not secured his license pursuant to this chapter.

This subsection does not apply to payments to a broker who is

licensed in his state of residence.

(d) [A felony, or has] Has been convicted of, or entered a plea

of guilty, guilty but mentally ill or nolo contendere to [a charge of] :

(1) A felony relating to the practice of the licensee, property

manager or owner-developer; or [any]

(2) Any crime involving fraud, deceit, misrepresentation or

moral turpitude.

(e) Guaranteeing, or having authorized or permitted any person

to guarantee, future profits which may result from the resale of real

property.

(f) Failure to include a fixed date of expiration in any written

brokerage agreement or to leave a copy of the brokerage agreement

with the client.

(g) Accepting, giving or charging any undisclosed commission,

rebate or direct profit on expenditures made for a client.

(h) Gross negligence or incompetence in performing any act for

which he is required to hold a license pursuant to this chapter,

chapter 119, 119A or 119B of NRS.

(i) Any other conduct which constitutes deceitful, fraudulent or

dishonest dealing.

(j) Any conduct which took place before he became licensed,

which was in fact unknown to the Division and which would have

been grounds for denial of a license had the Division been aware of

the conduct.

(k) Knowingly permitting any person whose license has been

revoked or suspended to act as a real estate broker, broker-salesman

or salesman, with or on behalf of the licensee.

(l) Recording or causing to be recorded a claim pursuant to the

provisions of NRS 645.8701 to 645.8811, inclusive, that is

determined by a district court to be frivolous and made without

reasonable cause pursuant to NRS 645.8791.

2. The Commission may take action pursuant to NRS 645.630

against a person who is subject to that section for the suspension or

revocation of a real estate broker’s, broker-salesman’s or salesman’s

license issued to him by any other jurisdiction.

3. The Commission may take action pursuant to NRS 645.630

against any person who:

(a) Holds a permit to engage in property management issued

pursuant to NRS 645.6052; and

(b) In connection with any property for which the person has

obtained a written brokerage agreement to manage the property

pursuant to NRS 645.6056:

(1) Is convicted of violating any of the provisions of

NRS 202.470;

(2) Has been notified in writing by the appropriate

governmental agency of a potential violation of NRS 244.360,

244.3603 or 268.4124, and has failed to inform the owner of the

property of such notification; or

(3) Has been directed in writing by the owner of the property

to correct a potential violation of NRS 244.360, 244.3603 or

268.4124, and has failed to correct the potential violation, if such

corrective action is within the scope of the person’s duties pursuant

to the written brokerage agreement.

4. The Division shall maintain a log of any complaints that it

receives relating to activities for which the Commission may take

action against a person holding a permit to engage in property

management pursuant to subsection 3.

5. On or before February 1 of each odd-numbered year, the

Division shall submit to the Director of the Legislative Counsel

Bureau a written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by the

Division pursuant to subsection 4; and

(b) Any disciplinary actions taken by the Commission pursuant

to subsection 3.

Sec. 52. NRS 645A.090 is hereby amended to read as follows:

645A.090 1. The Commissioner may refuse to license any

escrow agent or agency or may suspend or revoke any license or

impose a fine of not more than $500 for each violation by entering

an order to that effect, with his findings in respect thereto, if upon a

hearing, it is determined that the applicant or licensee:

(a) In the case of an escrow agency, is insolvent;

(b) Has violated any provision of this chapter or any regulation

adopted pursuant thereto or has aided and abetted another to do so;

condition that he cannot continue in business with safety to his

customers;

(d) Has committed fraud in connection with any transaction

governed by this chapter;

(e) Has intentionally or knowingly made any misrepresentation

or false statement to, or concealed any essential or material fact

from, any principal or designated agent of a principal in the course

of the escrow business;

(f) Has intentionally or knowingly made or caused to be made to

the Commissioner any false representation of a material fact or has

suppressed or withheld from the Commissioner any information

which the applicant or licensee possesses;

(g) Has failed without reasonable cause to furnish to the parties

of an escrow their respective statements of the settlement within a

reasonable time after the close of escrow;

(h) Has failed without reasonable cause to deliver, within a

reasonable time after the close of escrow, to the respective parties of

an escrow transaction any money, documents or other properties

held in escrow in violation of the provisions of the escrow

instructions;

(i) Has refused to permit an examination by the Commissioner

of his books and affairs or has refused or failed, within a reasonable

time, to furnish any information or make any report that may be

required by the Commissioner pursuant to the provisions of this

chapter;

(j) Has been convicted of a felony relating to the practice of

escrow agents or agencies or any misdemeanor of which an

essential element is fraud;

(k) In the case of an escrow agency, has failed to maintain

complete and accurate records of all transactions within the last 6

years;

(l) Has commingled the money of others with his own or

converted the money of others to his own use;

(m) Has failed, before the close of escrow, to obtain written

escrow instructions concerning any essential or material fact or

intentionally failed to follow the written instructions which have

been agreed upon by the parties and accepted by the holder of the

escrow;

(n) Has failed to disclose in writing that he is acting in the dual

capacity of escrow agent or agency and undisclosed principal in any

transaction; or

(o) In the case of an escrow agency, has:

(1) Failed to maintain adequate supervision of an escrow

agent; or

(2) Instructed an escrow agent to commit an act which would

be cause for the revocation of the escrow agent’s license and the

escrow agent committed the act. An escrow agent is not subject to

disciplinary action for committing such an act under instruction by

the escrow agency.

2. It is sufficient cause for the imposition of a fine or the

refusal, suspension or revocation of the license of a partnership,

corporation or any other association that any member of the

partnership or any officer or director of the corporation or

association has been guilty of any act or omission which would be

cause for such action had the applicant or licensee been a natural

person.

3. The Commissioner may suspend any license for not more

than 30 days, pending a hearing, if upon examination into the affairs

of the licensee it is determined that any of the grounds enumerated

in subsection 1 or 2 exist.

4. The Commissioner may refuse to issue a license to any

person who, within 10 years before the date of applying for a current

license, has had suspended or revoked a license issued pursuant to

this chapter or a comparable license issued by any other state,

district or territory of the United States or any foreign country.

Sec. 53. NRS 645B.020 is hereby amended to read as follows:

645B.020 1. A person who wishes to be licensed as a

mortgage broker must file a written application for a license with the

office of the Commissioner and pay the fee required pursuant to

NRS 645B.050. An application for a license as a mortgage broker

must:

(a) Be verified.

(b) State the name, residence address and business address of

the applicant and the location of each principal office and branch

office at which the mortgage broker will conduct business within

this state.

business as a mortgage broker.

(d) List the name, residence address and business address of

each person who will:

(1) If the applicant is not a natural person, have an interest in

the mortgage broker as a principal, partner, officer, director or

trustee, specifying the capacity and title of each such person.

(2) Be associated with or employed by the mortgage broker

as a mortgage agent.

(e) If the applicant is a natural person, include the social security

number of the applicant.

(f) Include a general business plan and a description of the

policies and procedures that the mortgage broker and his mortgage

agents will follow to arrange and service loans and to conduct

business pursuant to this chapter.

(g) State the length of time the applicant has been engaged in the

business of a broker.

(h) Include a financial statement of the applicant and, if

applicable, satisfactory proof that the applicant will be able to

maintain continuously the net worth required pursuant to

NRS 645B.115.

(i) Include any other information required pursuant to the

regulations adopted by the Commissioner or an order of the

Commissioner.

2. If a mortgage broker will conduct business at one or more

branch offices within this state, the mortgage broker must apply for

a license for each such branch office.

3. Except as otherwise provided in this chapter, the

Commissioner shall issue a license to an applicant as a mortgage

broker if:

(a) The application complies with the requirements of this

chapter;

(b) The applicant submits the statement required pursuant to

NRS 645B.023, if the applicant is required to do so; and

the applicant, if the applicant is a partnership, corporation or

unincorporated association:

(1) Has a good reputation for honesty, trustworthiness and

integrity and displays competence to transact the business of a

mortgage broker in a manner which safeguards the interests of the

general public. The applicant must submit satisfactory proof of these

qualifications to the Commissioner.

(2) Has not been convicted of, or entered a plea of nolo

contendere to, a felony relating to the practice of mortgage brokers

or any crime involving fraud, misrepresentation or moral turpitude.

(3) Has not made a false statement of material fact on his

application.

(4) Has not had a license that was issued pursuant to the

provisions of this chapter or chapter 645E of NRS suspended or

revoked within the 10 years immediately preceding the date of his

application.

(5) Has not had a license that was issued in any other state,

district or territory of the United States or any foreign country

suspended or revoked within the 10 years immediately preceding the

date of his application.

(6) Has not violated any provision of this chapter or chapter

645E of NRS, a regulation adopted pursuant thereto or an order of

the Commissioner.

Sec. 54. NRS 645B.020 is hereby amended to read as follows:

645B.020 1. A person who wishes to be licensed as a

mortgage broker must file a written application for a license with the

office of the Commissioner and pay the fee required pursuant to

NRS 645B.050. An application for a license as a mortgage broker

must:

(a) Be verified.

(b) State the name, residence address and business address of

the applicant and the location of each principal office and branch

office at which the mortgage broker will conduct business within

this state.

business as a mortgage broker.

(d) List the name, residence address and business address of

each person who will:

(1) If the applicant is not a natural person, have an interest in

the mortgage broker as a principal, partner, officer, director or

trustee, specifying the capacity and title of each such person.

(2) Be associated with or employed by the mortgage broker

as a mortgage agent.

(e) Include a general business plan and a description of the

policies and procedures that the mortgage broker and his mortgage

agents will follow to arrange and service loans and to conduct

business pursuant to this chapter.

(f) State the length of time the applicant has been engaged in the

business of a mortgage broker.

(g) Include a financial statement of the applicant and, if

applicable, satisfactory proof that the applicant will be able to

maintain continuously the net worth required pursuant to

NRS 645B.115.

(h) Include any other information required pursuant to the

regulations adopted by the Commissioner or an order of the

Commissioner.

2. If a mortgage broker will conduct business at one or more

branch offices within this state, the mortgage broker must apply for

a license for each such branch office.

3. Except as otherwise provided in this chapter, the

Commissioner shall issue a license to an applicant as a mortgage

broker if:

(a) The application complies with the requirements of this

chapter; and

(b) The applicant and each general partner, officer or director of

the applicant, if the applicant is a partnership, corporation or

unincorporated association:

(1) Has a good reputation for honesty, trustworthiness and

integrity and displays competence to transact the business of a

mortgage broker in a manner which safeguards the interests of the

general public. The applicant must submit satisfactory proof of these

qualifications to the Commissioner.

(2) Has not been convicted of, or entered a plea of nolo

contendere to, a felony relating to the practice of mortgage brokers

or any crime involving fraud, misrepresentation or moral turpitude.

(3) Has not made a false statement of material fact on his

application.

(4) Has not had a license that was issued pursuant to the

provisions of this chapter or chapter 645E of NRS suspended or

revoked within the 10 years immediately preceding the date of his

application.

(5) Has not had a license that was issued in any other state,

district or territory of the United States or any foreign country

suspended or revoked within the 10 years immediately preceding the

date of his application.

(6) Has not violated any provision of this chapter or chapter

645E of NRS, a regulation adopted pursuant thereto or an order of

the Commissioner.

Sec. 55. NRS 645B.0243 is hereby amended to read as

follows:

645B.0243 The Commissioner may refuse to issue a license to

an applicant if the Commissioner has reasonable cause to believe

that the applicant or any general partner, officer or director of the

applicant has, after October 1, 1999, employed or proposed to

employ a person as a mortgage agent or authorized or proposed to

authorize a person to be associated with a mortgage broker as a

mortgage agent at a time when the applicant or the general partner,

officer or director knew or, in light of all the surrounding facts and

circumstances, reasonably should have known that the person:

1. Had been convicted of, or entered a plea of nolo contendere

to[, a] :

(a) A felony relating to the practice of mortgage brokers; or

[any]

(b) Any crime involving fraud, misrepresentation or moral

turpitude; or

2. Had a financial services license or registration suspended or

revoked within the immediately preceding 10 years.

Sec. 56. NRS 645B.450 is hereby amended to read as follows:

645B.450 1. A person shall not act as or provide any of the

services of a mortgage agent or otherwise engage in, carry on or

hold himself out as engaging in or carrying on the activities of a

mortgage agent if the person:

(a) Has been convicted of, or entered a plea of nolo contendere

to[, a] :

(1) A felony relating to the practice of mortgage agents; or

[any]

(2) Any crime involving fraud, misrepresentation or moral

turpitude; or

(b) Has had a financial services license or registration suspended

or revoked within the immediately preceding 10 years.

2. A mortgage agent may not be associated with or employed

by more than one mortgage broker at the same time.

3. A mortgage broker shall register with the Division each

person who will be associated with or employed by the mortgage

broker as a mortgage agent. A mortgage broker shall register each

such person with the Division when the person begins his

association or employment with the mortgage broker and annually

thereafter. A registration expires 12 months after its effective date.

4. To register a person as a mortgage agent, a mortgage broker

must:

(a) Submit to the Division a registration form which is provided

by the Division and which:

(1) States the name, residence address and business address

of the person;

(2) Is signed by the person;

(3) Includes a provision by which the person gives his

written consent to an investigation of his credit history, criminal

history and background; and

(4) Includes any other information or supporting materials

required by the regulations adopted by the Commissioner. Such

information or supporting materials may include, without limitation,

a complete set of fingerprints from the person, the social security

number of the person and other forms of identification of the person.

(b) For each initial registration, pay the actual costs and

expenses incurred by the Division to investigate the credit history,

criminal history and background of the person. All money received

pursuant to this paragraph must be placed in the Investigative

Account for Financial Institutions created by NRS 232.545.

satisfactory proof that the person attended at least 5 hours of

certified courses of continuing education during the 12 months

immediately preceding the date on which the registration expires.

5. Not later than the date on which the mortgage broker

submits the information for annual registration required by

subsection 4, the person being registered shall pay an annual

registration fee of $125. If the person does not pay the annual

registration fee, the person shall be deemed to be unregistered for

the purposes of this chapter.

6. A mortgage broker shall not employ a person as a mortgage

agent or authorize a person to be associated with the mortgage

broker as a mortgage agent if the mortgage broker has not registered

the person with the Division pursuant to this section or if the person:

(a) Has been convicted of, or entered a plea of nolo contendere

to, a felony relating to the practice of mortgage agents or any

crime involving fraud, misrepresentation or moral turpitude; or

(b) Has had a financial services license or registration suspended

or revoked within the immediately preceding 10 years.

7. If a mortgage agent terminates his association or

employment with a mortgage broker for any reason, the mortgage

broker shall, not later than the third business day following the date

of termination:

(a) Deliver to the mortgage agent or send by certified mail to the

last known residence address of the mortgage agent a written

statement which advises him that his termination is being reported

to the Division; and

(b) Deliver or send by certified mail to the Division:

(1) A written statement of the circumstances surrounding the

termination; and

(2) A copy of the written statement that the mortgage broker

delivers or mails to the mortgage agent pursuant to paragraph (a).

8. As used in this section, “certified course of continuing

education” has the meaning ascribed to it in NRS 645B.051.

Sec. 57. NRS 645B.670 is hereby amended to read as follows:

645B.670 Except as otherwise provided in NRS 645B.690:

1. For each violation committed by an applicant, whether or

not he is issued a license, the Commissioner may impose upon the

applicant an administrative fine of not more than $10,000, if the

applicant:

(a) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact;

(b) Has suppressed or withheld from the Commissioner any

information which the applicant possesses and which, if submitted

by him, would have rendered the applicant ineligible to be licensed

pursuant to the provisions of this chapter; or

adopted pursuant to this chapter or an order of the Commissioner in

completing and filing his application for a license or during the

course of the investigation of his application for a license.

2. For each violation committed by a licensee, the

Commissioner may impose upon the licensee an administrative fine

of not more than $10,000, may suspend, revoke or place conditions

upon his license, or may do both, if the licensee, whether or not

acting as such:

(a) Is insolvent;

(b) Is grossly negligent or incompetent in performing any act for

which he is required to be licensed pursuant to the provisions of this

chapter;

violated any provision of this chapter, a regulation adopted pursuant

to this chapter or an order of the Commissioner;

(d) Is in such financial condition that he cannot continue in

business with safety to his customers;

(e) Has made a material misrepresentation in connection with

any transaction governed by this chapter;

(f) Has suppressed or withheld from a client any material facts,

data or other information relating to any transaction governed by the

provisions of this chapter which the licensee knew or, by the

exercise of reasonable diligence, should have known;

(g) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact or has

suppressed or withheld from the Commissioner any information

which the licensee possesses and which, if submitted by him, would

have rendered the licensee ineligible to be licensed pursuant to the

provisions of this chapter;

(h) Has failed to account to persons interested for all money

received for a trust account;

(i) Has refused to permit an examination by the Commissioner

of his books and affairs or has refused or failed, within a reasonable

time, to furnish any information or make any report that may be

required by the Commissioner pursuant to the provisions of this

chapter or a regulation adopted pursuant to this chapter;

(j) Has been convicted of, or entered a plea of nolo contendere

to, a felony relating to the practice of mortgage brokers or any

crime involving fraud, misrepresentation or moral turpitude;

(k) Has refused or failed to pay, within a reasonable time, any

fees, assessments, costs or expenses that the licensee is required to

pay pursuant to this chapter or a regulation adopted pursuant to this

chapter;

(l) Has failed to satisfy a claim made by a client which has been

reduced to judgment;

(m) Has failed to account for or to remit any money of a client

within a reasonable time after a request for an accounting or

remittal;

(n) Has commingled the money or other property of a client

with his own or has converted the money or property of others to his

own use;

(o) Has engaged in any other conduct constituting a deceitful,

fraudulent or dishonest business practice;

(p) Has repeatedly violated the policies and procedures of the

mortgage broker;

(q) Has failed to exercise reasonable supervision over the

activities of a mortgage agent as required by NRS 645B.460;

(r) Has instructed a mortgage agent to commit an act that would

be cause for the revocation of the license of the mortgage broker,

whether or not the mortgage agent commits the act;

(s) Has employed a person as a mortgage agent or authorized a

person to be associated with the licensee as a mortgage agent at a

time when the licensee knew or, in light of all the surrounding facts

and circumstances, reasonably should have known that the person:

(1) Had been convicted of, or entered a plea of nolo

contendere to, a felony relating to the practice of mortgage agents

or any crime involving fraud, misrepresentation or moral turpitude;

(2) Had a financial services license or registration suspended

or revoked within the immediately preceding 10 years; or

(t) Has not conducted verifiable business as a mortgage broker

for 12 consecutive months, except in the case of a new applicant.

The Commissioner shall determine whether a mortgage broker is

conducting business by examining the monthly reports of activity

submitted by the licensee or by conducting an examination of the

licensee.

Sec. 58. NRS 645C.460 is hereby amended to read as follows:

645C.460 1. Grounds for disciplinary action against a

certified or licensed appraiser or registered intern include:

(a) Unprofessional conduct;

(b) Professional incompetence;

appraisers or any offense involving moral turpitude; and

(d) The suspension or revocation of a registration card,

certificate, license or permit to act as an appraiser in any other

jurisdiction.

2. If grounds for disciplinary action against an appraiser or

intern exist, the Commission may do one or more of the following:

(a) Revoke or suspend his certificate, license or registration

card.

(b) Place conditions upon his certificate, license or registration

card, or upon the reissuance of a certificate, license or registration

card revoked pursuant to this section.

card.

(d) Impose a fine of not more than $1,000 for each violation.

3. If a certificate, license or registration card is revoked by the

Commission, another certificate, license or registration card must

not be issued to the same appraiser or intern for at least 1 year after

the date of the revocation, or at any time thereafter except in the sole

discretion of the Administrator, and then only if the appraiser or

intern satisfies all the requirements for an original certificate, license

or registration card.

4. If discipline is imposed pursuant to this section, the costs of

the proceeding, including investigative costs and attorney’s fees,

may be recovered by the Commission.

Sec. 59. NRS 645E.200 is hereby amended to read as follows:

645E.200 1. A person who wishes to be licensed as a

mortgage company must file a written application for a license with

the Office of the Commissioner and pay the fee required pursuant to

NRS 645E.280. An application for a license as a mortgage company

must:

(a) Be verified.

(b) State the name, residence address and business address of

the applicant and the location of each principal office and branch

office at which the mortgage company will conduct business in this

state, including, without limitation, any office or other place of

business located outside this state from which the mortgage

company will conduct business in this state.

business as a mortgage company.

(d) If the applicant is not a natural person, list the name,

residence address and business address of each person who will

have an interest in the mortgage company as a principal, partner,

officer, director or trustee, specifying the capacity and title of each

such person.

(e) Indicate the general plan and character of the business.

(f) State the length of time the applicant has been engaged in the

business of a mortgage company.

(g) Include a financial statement of the applicant.

(h) Include any other information required pursuant to the

regulations adopted by the Commissioner or an order of the

Commissioner.

2. If a mortgage company will conduct business in this state at

one or more branch offices, the mortgage company must apply for a

license for each such branch office.

3. Except as otherwise provided in this chapter, the

Commissioner shall issue a license to an applicant as a mortgage

company if:

(a) The application complies with the requirements of this

chapter; and

(b) The applicant and each general partner, officer or director of

the applicant, if the applicant is a partnership, corporation or

unincorporated association:

(1) Has a good reputation for honesty, trustworthiness and

integrity and displays competence to transact the business of a

mortgage company in a manner which safeguards the interests of the

general public. The applicant must submit satisfactory proof of these

qualifications to the Commissioner.

(2) Has not been convicted of, or entered a plea of nolo

contendere to, a felony relating to the practice of mortgage

companies or any crime involving fraud, misrepresentation or moral

turpitude.

(3) Has not made a false statement of material fact on his

application.

(4) Has not had a license that was issued pursuant to the

provisions of this chapter or chapter 645B of NRS suspended or

revoked within the 10 years immediately preceding the date of his

application.

(5) Has not had a license that was issued in any other state,

district or territory of the United States or any foreign country

suspended or revoked within the 10 years immediately preceding the

date of his application.

(6) Has not violated any provision of this chapter or chapter

645B of NRS, a regulation adopted pursuant thereto or an order of

the Commissioner.

4. If an applicant is a partnership, corporation or

unincorporated association, the Commissioner may refuse to issue a

license to the applicant if any member of the partnership or any

officer or director of the corporation or unincorporated association

has committed any act or omission that would be cause for refusing

to issue a license to a natural person.

5. A person may apply for a license for an office or other place

of business located outside this state from which the applicant will

conduct business in this state if the applicant or a subsidiary or

affiliate of the applicant has a license issued pursuant to this chapter

for an office or other place of business located in this state and if the

applicant submits with the application for a license a statement

signed by the applicant which states that the applicant agrees to:

(a) Make available at a location within this state the books,

accounts, papers, records and files of the office or place of business

located outside this state to the Commissioner or a representative of

the Commissioner; or

(b) Pay the reasonable expenses for travel, meals and lodging of

the Commissioner or a representative of the Commissioner incurred

during any investigation or examination made at the office or place

of business located outside this state.

The applicant must be allowed to choose between paragraph (a) or

(b) in complying with the provisions of this subsection.

Sec. 60. NRS 645E.670 is hereby amended to read as follows:

645E.670 1. For each violation committed by an applicant,

whether or not he is issued a license, the Commissioner may impose

upon the applicant an administrative fine of not more than $10,000,

if the applicant:

(a) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact;

(b) Has suppressed or withheld from the Commissioner any

information which the applicant possesses and which, if submitted

by him, would have rendered the applicant ineligible to be licensed

pursuant to the provisions of this chapter; or

adopted pursuant to this chapter or an order of the Commissioner in

completing and filing his application for a license or during the

course of the investigation of his application for a license.

2. For each violation committed by a licensee, the

Commissioner may impose upon the licensee an administrative fine

of not more than $10,000, may suspend, revoke or place conditions

upon his license, or may do both, if the licensee, whether or not

acting as such:

(a) Is insolvent;

(b) Is grossly negligent or incompetent in performing any act for

which he is required to be licensed pursuant to the provisions of this

chapter;

violated any provision of this chapter, a regulation adopted pursuant

to this chapter or an order of the Commissioner;

(d) Is in such financial condition that he cannot continue in

business with safety to his customers;

(e) Has made a material misrepresentation in connection with

any transaction governed by this chapter;

(f) Has suppressed or withheld from a client any material facts,

data or other information relating to any transaction governed by the

provisions of this chapter which the licensee knew or, by the

exercise of reasonable diligence, should have known;

(g) Has knowingly made or caused to be made to the

Commissioner any false representation of material fact or has

suppressed or withheld from the Commissioner any information

which the licensee possesses and which, if submitted by him, would

have rendered the licensee ineligible to be licensed pursuant to the

provisions of this chapter;

(h) Has failed to account to persons interested for all money

received for a trust account;

(i) Has refused to permit an examination by the Commissioner

of his books and affairs or has refused or failed, within a reasonable

time, to furnish any information or make any report that may be

required by the Commissioner pursuant to the provisions of this

chapter or a regulation adopted pursuant to this chapter;

(j) Has been convicted of, or entered a plea of nolo contendere

to, a felony relating to the practice of mortgage companies or any

crime involving fraud, misrepresentation or moral turpitude;

(k) Has refused or failed to pay, within a reasonable time, any

fees, assessments, costs or expenses that the licensee is required to

pay pursuant to this chapter or a regulation adopted pursuant to this

chapter;

(l) Has failed to satisfy a claim made by a client which has been

reduced to judgment;

(m) Has failed to account for or to remit any money of a client

within a reasonable time after a request for an accounting or

remittal;

(n) Has commingled the money or other property of a client

with his own or has converted the money or property of others to his

own use; or

(o) Has engaged in any other conduct constituting a deceitful,

fraudulent or dishonest business practice.

Sec. 61. NRS 648.110 is hereby amended to read as follows:

648.110 1. Before the Board grants any license, the applicant,

including each director and officer of a corporate applicant, must:

(a) Be at least 21 years of age.

(b) Be a citizen of the United States or lawfully entitled to

remain and work in the United States.

(d) Have no conviction of [a] :

(1) A felony relating to the practice for which the applicant

wishes to be licensed; or [a]

(2) Any crime involving moral turpitude or the illegal use or

possession of a dangerous weapon.

2. Each applicant, or the qualifying agent of a corporate

applicant, must:

(a) If an applicant for a private investigator’s license, have at

least 5 years’ experience as an investigator, or the equivalent

thereof, as determined by the Board.

(b) If an applicant for a repossessor’s license, have at least 5

years’ experience as a repossessor, or the equivalent thereof, as

determined by the Board.

5 years’ experience as a private patrolman, or the equivalent thereof,

as determined by the Board.

(d) If an applicant for a process server’s license, have at least 2

years’ experience as a process server, or the equivalent thereof, as

determined by the Board.

(e) If an applicant for a dog handler’s license, demonstrate to the

satisfaction of the Board his ability to handle, supply and train

watchdogs.

(f) If an applicant for a license as an intern, have:

(1) Received:

(I) A baccalaureate degree from an accredited college or

university and have at least 1 year’s experience in investigation or

polygraphic examination satisfactory to the Board;

(II) An associate degree from an accredited college or

university and have at least 3 years’ experience; or

(III) A high school diploma or its equivalent and have at

least 5 years’ experience; and

(2) Satisfactorily completed a basic course of instruction in

polygraphic techniques satisfactory to the Board.

(g) If an applicant for a license as a polygraphic examiner:

(1) Meet the requirements contained in paragraph (f);

(2) Have actively conducted polygraphic examinations for at

least 2 years;

(3) Have completed successfully at least 250 polygraphic

examinations, including at least 100 examinations concerning

specific inquiries as distinguished from general examinations for the

purpose of screening;

(4) Have completed successfully at least 50 polygraphic

examinations, including 10 examinations concerning specific

inquiries, during the 12 months immediately before the date of his

application; and

(5) Have completed successfully at least 24 hours of

advanced polygraphic training acceptable to the Board during the 2

years immediately before the date of his application.

(h) Meet other requirements as determined by the Board.

3. The Board, when satisfied from recommendations and

investigation that the applicant is of good character, competency and

integrity, may issue and deliver a license to the applicant entitling

him to conduct the business for which he is licensed, for the period

which ends on July 1 next following the date of issuance.

4. For the purposes of this section, 1 year of experience

consists of 2,000 hours of experience.

Sec. 62. NRS 648.150 is hereby amended to read as follows:

648.150 The Board may discipline any licensee for any of the

following causes:

1. Conviction of a felony relating to the practice of the

licensee or of any offense involving moral turpitude.

2. Violation of any of the provisions of this chapter or of a

regulation adopted pursuant thereto.

3. A false statement by the licensee that any person is or has

been in his employ.

4. Any unprofessional conduct or unfitness of the licensee or

any person in his employ.

5. Any false statement or the giving of any false information in

connection with an application for a license or a renewal or

reinstatement of a license.

6. Any act in the course of the licensee’s business constituting

dishonesty or fraud.

7. Impersonation or aiding and abetting an employee in the

impersonation of a law enforcement officer or employee of the

United States of America, or of any state or political subdivision

thereof.

8. During the period between the expiration of a license for the

failure to renew within the time fixed by this chapter and the

reinstatement of the license, the commission of any act which would

be a cause for the suspension or revocation of a license, or grounds

for the denial of an application for a license.

9. Willful failure or refusal to render to a client services or a

report as agreed between the parties and for which compensation

has been paid or tendered in accordance with the agreement of the

parties.

10. Commission of assault, battery or kidnapping.

11. Knowing violation of any court order or injunction in the

course of business as a licensee.

12. Any act which is a ground for denial of an application for a

license under this chapter.

13. Willfully aiding or abetting a person in a violation of a

provision of this chapter or a regulation adopted pursuant thereto.

Sec. 63. NRS 649.085 is hereby amended to read as follows:

649.085 Every individual applicant, every officer and director

of a corporate applicant, and every member of a firm or partnership

applicant for a license as a collection agency or collection agent

must submit proof satisfactory to the Commissioner that he:

1. Is a citizen of the United States or lawfully entitled to

remain and work in the United States.

2. Has a good reputation for honesty, trustworthiness, integrity

and is competent to transact the business of a collection agency in a

manner which protects the interests of the general public.

3. Has not had a collection agency license suspended or

revoked within the 10 years immediately preceding the date of the

application.

4. Has not been convicted of, or entered a plea of nolo

contendere to[, a] :

(a) A felony relating to the practice of collection agencies or

collection agents; or [any]

(b) Any crime involving fraud, misrepresentation or moral

turpitude.

5. Has not made a false statement of material fact on his

application.

6. Will maintain one or more offices in this state for the

transaction of the business of his collection agency.

7. Has established a plan to ensure that his collection agency

will provide the services of a collection agency adequately and

efficiently.

Sec. 64. NRS 652.220 is hereby amended to read as follows:

652.220 A license may be denied, suspended or revoked if the

laboratory, laboratory director or any technical employee of the

laboratory:

1. Violates any provision of this chapter;

2. Makes any misrepresentation in obtaining a license;

3. Has been convicted of a felony[;] relating to the position

for which the applicant has applied or the licensee has been

licensed pursuant to this chapter;

4. Has been convicted of violating any of the provisions of

NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440,

inclusive;

5. Is guilty of unprofessional conduct;

6. Knowingly permits the use of the name of a licensed

laboratory or its director by an unlicensed laboratory; or

7. Fails to meet the minimum standards prescribed by the

Board.

Sec. 65. NRS 654.190 is hereby amended to read as follows:

654.190 1. The Board may, after notice and hearing, impose

an administrative fine of not more than $2,500 on and suspend or

revoke the license of any nursing facility administrator or

administrator of a residential facility for groups who:

(a) Is convicted of a felony[,] relating to the practice of

administering a nursing facility or residential facility or of any

offense involving moral turpitude.

(b) Has obtained his license by the use of fraud or deceit.

(d) Aids or abets any person in the violation of any of the

provisions of NRS 449.001 to 449.240, inclusive, as those

provisions pertain to a facility for skilled nursing, facility for

intermediate care or residential facility for groups.

(e) Violates any regulation of the Board prescribing additional

standards of conduct for nursing facility administrators or

administrators of residential facilities for groups.

2. The Board shall give a licensee against whom proceedings

are brought pursuant to this section written notice of a hearing not

less than 10 days before the date of the hearing.

3. If discipline is imposed pursuant to this section, the costs of

the proceeding, including investigative costs and attorney’s fees,

may be recovered by the Board.

Sec. 66. NRS 656.240 is hereby amended to read as follows:

656.240 The Board may refuse to issue or to renew or may

suspend or revoke any certificate for any one or a combination of

the following causes:

1. If the applicant or court reporter has by false representation

obtained or sought to obtain a certificate for himself or any other

person.

2. If the applicant or court reporter has been found in contempt

of court, arising out of his conduct in performing or attempting to

perform any act as a court reporter.

3. If the applicant or court reporter has been convicted of a

crime related to the qualifications, functions and responsibilities of a

certified court reporter.

4. If the applicant or court reporter has been convicted of [a

felony or gross misdemeanor or of] any offense involving moral

turpitude.

The judgment of conviction or a certified copy of the judgment is

conclusive evidence of conviction of an offense.

Sec. 67. NRS 676.290 is hereby amended to read as follows:

676.290 1. The Commissioner may, pursuant to the

procedure provided in this chapter, deny, suspend or revoke any

license for which application has been made or which has been

issued under the provisions of this chapter if he finds, as to the

licensee, its associates, directors or officers, grounds for action.

2. Any one of the following grounds may provide the requisite

grounds for denial, suspension or revocation:

(a) Conviction of a felony relating to the practice of debt

adjusters or of a misdemeanor involving moral turpitude.

(b) Violation of any of the provisions of this chapter or

regulations of the Commissioner.

(d) Continuous course of unfair conduct.

(e) Insolvency, filing in bankruptcy, receivership or assigning

for the benefit of creditors by any licensee or applicant for a license

under this chapter.

(f) Failure to pay the fee for renewal or reinstatement of a

license.

3. The Commissioner shall, after notice and hearing, impose

upon the licensee a fine of $500 for each violation by the licensee of

any of the provisions of this chapter or regulations of the

Commissioner. If a fine is imposed pursuant to this section, the

costs of the proceeding, including investigative costs and attorney’s

fees, may be recovered by the Commissioner.

Sec. 68. NRS 692A.105 is hereby amended to read as follows:

692A.105 1. The Commissioner may refuse to license any

title agent or escrow officer or may suspend or revoke any license or

impose a fine of not more than $500 for each violation by entering

an order to that effect, with his findings in respect thereto, if upon a

hearing, it is determined that the applicant or licensee:

(a) In the case of a title agent, is insolvent or in such a financial

condition that he cannot continue in business with safety to his

customers;

(b) Has violated any provision of this chapter or any regulation

adopted pursuant thereto or has aided and abetted another to do so;

governed by this chapter;

(d) Has intentionally or knowingly made any misrepresentation

or false statement to, or concealed any essential or material fact

known to him from, any principal or designated agent of the

principal in the course of the escrow business;

(e) Has intentionally or knowingly made or caused to be made

to the Commissioner any false representation of a material fact or

has suppressed or withheld from him any information which the

applicant or licensee possesses;

(f) Has failed without reasonable cause to furnish to the parties

of an escrow their respective statements of the settlement within a

reasonable time after the close of escrow;

(g) Has failed without reasonable cause to deliver, within a

reasonable time after the close of escrow, to the respective parties of

an escrow transaction any money, documents or other properties

held in escrow in violation of the provisions of the escrow

instructions;

(h) Has refused to permit an examination by the Commissioner

of his books and affairs or has refused or failed, within a reasonable

time, to furnish any information or make any report that may be

required by the Commissioner pursuant to the provisions of this

chapter;

(i) Has been convicted of a felony relating to the practice of

title agents or any misdemeanor of which an essential element is

fraud;

(j) In the case of a title agent, has failed to maintain complete

and accurate records of all transactions within the last 7 years;

(k) Has commingled the money of other persons with his own or

converted the money of other persons to his own use;

(l) Has failed, before the close of escrow, to obtain written

instructions concerning any essential or material fact or intentionally

failed to follow the written instructions which have been agreed

upon by the parties and accepted by the holder of the escrow;

(m) Has failed to disclose in writing that he is acting in the dual

capacity of escrow agent or agency and undisclosed principal in any

transaction;

(n) In the case of an escrow officer, has been convicted of, or

entered a plea of guilty or nolo contendere to, any crime involving

moral turpitude; or

(o) Has failed to obtain and maintain a copy of the executed

agreement or contract that establishes the conditions for the sale of

real property.

2. It is sufficient cause for the imposition of a fine or the

refusal, suspension or revocation of the license of a partnership,

corporation or any other association if any member of the

partnership or any officer or director of the corporation or

association has been guilty of any act or omission directly arising

from the business activities of a title agent which would be cause for

such action had the applicant or licensee been a natural person.

3. The Commissioner may suspend or revoke the license of a

title agent, or impose a fine, if the Commissioner finds that the title

agent:

(a) Failed to maintain adequate supervision of an escrow officer

title agent he has appointed or employed.

(b) Instructed an escrow officer to commit an act which would

be cause for the revocation of the escrow officer’s license and the

escrow officer committed the act. An escrow officer is not subject to

disciplinary action for committing such an act under instruction by

the title agent.

4. The Commissioner may refuse to issue a license to any

person who, within 10 years before the date of applying for a current

license, has had suspended or revoked a license issued pursuant to

this chapter or a comparable license issued by any other state,

district or territory of the United States or any foreign country.

Sec. 69. NRS 706.8841 is hereby amended to read as follows:

706.8841 1. The Administrator shall issue a driver’s permit

to qualified persons who wish to be employed by certificate holders

as taxicab drivers. Before issuing a driver’s permit, the

Administrator shall:

(a) Require the applicant to submit a set of his fingerprints,

which must be forwarded to the Federal Bureau of Investigation to

ascertain whether the applicant has a criminal record and the nature

of any such record, and shall further investigate the applicant’s

background; and

(b) Require proof that the applicant:

(1) Has been a resident of the State for 30 days before his

application for a permit;

(2) Can read and orally communicate in the English

language; and

(3) Has a valid license issued under NRS 483.325 which

authorizes him to drive a taxicab in this state.

2. The Administrator may refuse to issue a driver’s permit if

the applicant has been convicted of:

(a) A felony[, other than a felony involving any sexual offense,]

relating to the practice of taxicab drivers in this state or any other

jurisdiction [within 5 years] at any time before the date of the

application;

(b) A felony involving any sexual offense in this state or any

other jurisdiction at any time before the date of the application; or

other jurisdiction that prohibits the same or similar conduct within 3

years before the date of the application.

3. The Administrator may refuse to issue a driver’s permit if

the Administrator, after the background investigation of the

applicant, determines that the applicant is morally unfit or if the

issuance of the driver’s permit would be detrimental to public

health, welfare or safety.

4. A taxicab driver shall pay to the Administrator, in advance,

$20 for an original driver’s permit and $5 for a renewal.

Sec. 70. NRS 176A.860 is hereby repealed.

Sec. 71. 1. Any person residing in this state who, before

July 1, 2003, was:

(a) Honorably discharged from probation pursuant to

NRS 176A.850;

(b) Pardoned pursuant to NRS 213.090;

and 213.155; or

(d) Released from prison pursuant to NRS 213.157,

in this state or elsewhere, who is not on probation or parole or

serving a sentence of imprisonment on July 1, 2003, and who has

not had his civil rights restored is hereby restored to the civil rights

set forth in subsection 2.

2. A person listed in subsection 1:

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

(1) The right to vote; and

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

(b) Four years after the date on which he is released from his

sentence of imprisonment, is restored to the right to hold office.

sentence of imprisonment, is restored to the right to serve as a juror

in a criminal action.

3. A person who is restored to his civil rights pursuant to this

section and whose official documentation which demonstrates that

the person qualifies to have his civil rights restored pursuant to

subsection 1 is lost, damaged or destroyed may file a written request

with a court of competent jurisdiction to restore his civil rights

pursuant to this section. Upon verification that the person qualifies

to have his civil rights restored pursuant to subsection 1, the court

shall issue an order restoring the person to the civil rights set forth in

subsection 2. A person must not be required to pay a fee to receive

such an order.

4. A person who is restored to his civil rights pursuant to this

section may present official documentation that he qualifies to have

his civil rights restored pursuant to subsection 1 or a court order

restoring his civil rights as proof that he has been restored to the

civil rights set forth in subsection 2.

Sec. 72. The provisions of subsection 1 of NRS 354.599 do

not apply to any additional expenses of a local government that are

related to the provisions of this act.

Sec. 73. 1. This section and sections 1 to 53, inclusive, and

55 to 72, inclusive, of this act become effective on July 1, 2003.

2. Section 53 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 support of one or more

children,

are repealed by the Congress of the United States.

3. Section 54 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 support of one or more

children,

are repealed by the Congress of the United States.

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