[Rev. 3/18/2013 2:10:53 PM]

Link to Page 1788

 

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ê1997 Statutes of Nevada, Page 1789 (Chapter 473, SB 482)ê

 

      6.  Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.

      7.  Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.

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CHAPTER 474, AB 147

Assembly Bill No. 147–Assemblymen Goldwater, Herrera, Giunchigliani, Krenzer, Braunlin and Buckley

CHAPTER 474

AN ACT relating to medical care; limiting the circumstances under which certain persons may communicate with the physician or chiropractor of an injured employee; requiring the administrator of the division of industrial relations of the department of business and industry to encourage employers to hire persons trained to render emergency medical care involving the use of an automatic external defibrillator; providing that certain persons who are trained to provide such care and their employers are not liable for civil damages resulting from the provision of that care under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada attorney for injured workers or an attorney or other compensated representative of an injured employee shall not initiate:

      (a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractor unless the initiator of the oral communication:

             (1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and

             (2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the administrator and the injured employee, his representative and his employer; or

      (b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractor unless a copy of the communication is submitted to the injured employee or his representative in a timely manner.

      2.  If the administrator determines that a person has violated the provisions of this section, he shall:

      (a) For an initial violation, issue a notice of correction.

      (b) For a second violation, impose an administrative fine of not more than $250.


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ê1997 Statutes of Nevada, Page 1790 (Chapter 474, AB 147)ê

 

      (c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.

      Sec. 2.  Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

      The administrator shall encourage all employers who are required to establish a written safety program pursuant to NRS 618.383 to include as a part of that program the employment of a person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:

      1.  Included training in the operation and use of an automatic external defibrillator; and

      2.  Was conducted in accordance with the standards of the American Heart Association.

      Sec. 3.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as otherwise provided in NRS 41.505, any person in this state [,] who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this state who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this state, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this state, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

      4.  Any person who is a member of a search and rescue organization in this state under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.


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ê1997 Statutes of Nevada, Page 1791 (Chapter 474, AB 147)ê

 

amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      6.  Any person who:

      (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      7.  Any person who has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest that:

      (a) Included training in the operation and use of an automatic external defibrillator; and

      (b) Was conducted in accordance with the standards of the American Heart Association,

and who renders emergency medical care involving the use of an automatic external defibrillator in accordance with his training is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care. A business or organization that employs a person who renders emergency care in accordance with this subsection is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automatic external defibrillator to the person for the purpose of rendering such care.

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ê1997 Statutes of Nevada, Page 1792ê

 

CHAPTER 475, AB 165

Assembly Bill No. 165–Assemblymen Anderson, Bache, Collins, Parks, Carpenter, Perkins, Herrera, Berman, Manendo, Koivisto, Segerblom and Ohrenschall

CHAPTER 475

AN ACT relating to real estate; providing for the certification of inspectors of structures by the real estate division of the department of business and industry; imposing a fee; providing penalties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 28, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Administrator” means the real estate administrator.

      Sec. 4.  “Certificate” means a certificate issued to an inspector pursuant to this chapter.

      Sec. 5.  “Certified inspector” means an inspector to whom a certificate has been issued pursuant to this chapter.

      Sec. 6.  “Division” means the real estate division of the department of business and industry.

      Sec. 7.  “Inspection” means a physical examination of the mechanical, electrical or plumbing systems of a structure or of the structural components of a structure. The term includes any consultation regarding a structure that is represented to be a certified inspection or any other title, word or other designation intended to imply or designate that the consultation is a certified inspection.

      Sec. 8.  “Inspection report” means an analysis, opinion or conclusion, regarding the condition of a structure, that is:

      1.  Provided after an inspection, in a written report, for or with the expectation of receiving compensation for the report; and

      2.  Designed to describe and identify the inspected systems or structural components of the structure, their physical condition, any material defect and any recommendation for evaluation by another person.

      Sec. 9.  “Inspector” means a person who examines any component of a structure and prepares or communicates an inspection report. The term does not include any person who merely relays an inspection report on behalf of the person who prepares it.

      Sec. 10.  The provisions of this chapter do not apply to:

      1.  A federal or state employee, or an employee of a local government, who prepares or communicates an inspection report as part of his official duties, unless a certificate is required as a condition of his employment.


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ê1997 Statutes of Nevada, Page 1793 (Chapter 475, AB 165)ê

 

      2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

      3.  A board of appraisers acting pursuant to NRS 269.135.

      4.  A person licensed, certified or registered pursuant to chapter 645, 645C or 684A of NRS while he is performing an act within the scope of his license, certification or registration.

      5.  A person who makes an evaluation of an improvement as an incidental part of his employment for which special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

      6.  A person who provides an estimate of cost, repair or replacement of any improvements upon real estate.

      Sec. 11.  1.  The division shall administer the provisions of this chapter and may employ legal counsel, investigators and other professional consultants necessary to discharge its duties pursuant to this chapter.

      2.  An employee of the division shall not:

      (a) Be employed by or have an interest in any business that prepares inspection reports; or

      (b) Act as an inspector or as an agent for an inspector.

      Sec. 12.  The division shall adopt:

      1.  Regulations prescribing the education and experience required to obtain a certificate.

      2.  Regulations prescribing a standard of practice and code of ethics for certified inspectors. Such regulations must establish a degree of care that must be exercised by a reasonably prudent certified inspector.

      3.  Such other regulations as are necessary for the administration of this chapter.

      Sec. 13.  1.  The division shall maintain a record of:

      (a) Persons from whom it receives applications for a certificate;

      (b) Investigations conducted by it that result in the initiation of formal disciplinary proceedings;

      (c) Formal disciplinary proceedings; and

      (d) Rulings or decisions upon complaints filed with it.

      2.  Except as otherwise provided in this section, records kept in the office of the division pursuant to this chapter are open to the public for inspection pursuant to regulations adopted by the division. The division shall keep confidential, unless otherwise ordered by a court:

      (a) Information obtained by the division while investigating alleged violations of this chapter; and

      (b) The criminal and financial records of an inspector or of an applicant for a certificate.

      Sec. 14.  1.  All fees, penalties and other charges received by the division pursuant to this chapter must be deposited with the state treasurer for credit to the state general fund.

      2.  Money for the support of the division in carrying out the provisions of this chapter must be provided by direct legislative appropriation and be paid out on claims as other claims against the state are paid.


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ê1997 Statutes of Nevada, Page 1794 (Chapter 475, AB 165)ê

 

      Sec. 15.  1.  The attorney general shall render to the division opinions upon questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, submitted to him by the division.

      2.  The attorney general shall act as the attorney for the division in all actions and proceedings brought against or by the division pursuant to any of the provisions of this chapter.

      Sec. 16.  1.  Any person who, in this state, engages in the business of, acts in the capacity of, or advertises or assumes to act as an inspector without first obtaining a certificate pursuant to this chapter is guilty of a misdemeanor.

      2.  The division may file a complaint in any court of competent jurisdiction for a violation of this section and assist in presenting the law or facts at any hearing upon the complaint.

      3.  At the request of the administrator, the attorney general shall prosecute such a violation. Unless the violation is prosecuted by the attorney general, the district attorney shall prosecute a violation that occurs in his county.

      Sec. 17.  An application for a certificate must be in writing upon a form prepared and furnished by the division. The application must include the following information:

      1.  The name, age and address of the applicant.

      2.  The place or places, including the street number, city and county, at which the applicant intends to maintain an office to conduct business as an inspector.

      3.  The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.

      4.  The applicant’s education and experience to qualify for a certificate.

      5.  Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty or nolo contendere to:

      (a) A felony, and if so, the nature of the felony.

      (b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.

      6.  If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.

      7.  Any other information relating to the qualifications or background of the applicant that the division requires.

      Sec. 18.  1.  Every application for a certificate must be accompanied by the fee for the certificate.

      2.  Each applicant must:

      (a) At his own expense and on a card provided by the division, arrange to be fingerprinted by an agency of law enforcement; and

      (b) Attach the completed card to his application.

      3.  The division may:

      (a) Require more than one set of fingerprints;


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ê1997 Statutes of Nevada, Page 1795 (Chapter 475, AB 165)ê

 

      (b) Mail a completed card to the Federal Bureau of Investigation or any other agency of law enforcement; and

      (c) Request from such an agency any information regarding the applicant’s criminal history that the division deems necessary.

      Sec. 19.  1.  The administrator shall require each applicant for an original certificate and each applicant for renewal of a certificate to submit proof that he or his employer holds a policy of insurance covering:

      (a) Liability for errors or omissions in an amount of not less than $100,000; and

      (b) General liability in an amount of not less than $100,000.

      2.  Each certified inspector or his employer shall maintain a policy of insurance that complies with the requirements of subsection 1.

      Sec. 20.  1.  The administrator shall issue a certificate to any person who:

      (a) Is of good moral character, honesty and integrity;

      (b) Has the education and experience prescribed in the regulations adopted pursuant to section 12 of this act; and

      (c) Has submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of section 19 of this act.

      2.  The administrator may deny an application for a certificate to any person who:

      (a) Has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (b) Makes a false statement of a material fact on his application;

      (c) Has had a certificate suspended or revoked pursuant to this chapter within the 10 years immediately preceding the date of his application; or

      (d) Has not submitted proof that he or his employer holds a policy of insurance that complies with the requirements of subsection 1 of section 19 of this act.

      Sec. 21.  1.  If an application for a certificate is denied:

      (a) The division shall notify the applicant within 15 days after its decision; and

      (b) The applicant may not reapply until he petitions the division for leave to file another application. The division may grant or deny that leave in its sole discretion.

      2.  If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations that, if true, qualify the applicant for a certificate, the administrator shall set the matter for a hearing before a hearing officer of the division to be conducted within 60 days after receipt of the applicant’s request. The decision of the hearing officer is a final decision for the purposes of judicial review.

      Sec. 22.  The division, upon the discovery of an error in the issuance of a certificate that is related to the qualifications or fitness of the holder thereof, may invalidate the certificate upon written notice to the holder. The holder shall surrender the certificate to the division within 20 days after the notice is sent by the division. A person whose certificate is invalidated pursuant to this section, and who has surrendered his certificate, may request a hearing on the matter in the same manner as for the denial of an application pursuant to section 21 of this act.


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ê1997 Statutes of Nevada, Page 1796 (Chapter 475, AB 165)ê

 

request a hearing on the matter in the same manner as for the denial of an application pursuant to section 21 of this act.

      Sec. 23.  1.  The division shall issue a certificate to each eligible person in the form and size prescribed by the division. A certificate must:

      (a) Indicate the name and address of the inspector and the location of each place where he transacts business as an inspector; and

      (b) Contain any additional matter prescribed by the division.

      2.  A certificate is valid for 2 years after the first day of the first calendar month immediately following the date it is issued.

      3.  If an inspector fails to apply for the renewal of his certificate and pay the fee for renewal before the certificate expires, and applies for renewal:

      (a) Not later than 1 year after the date of expiration, he must pay a fee equal to 150 percent of the amount otherwise required for renewal.

      (b) Later than 1 year after the date of expiration, he must apply in the same manner as for an original certificate.

      Sec. 24.  The following fees must be charged and collected by the division:

Application for a certificate..................................................................                 $100

Issuance or renewal of a certificate.....................................................                   250

      Sec. 25.  1.  Grounds for disciplinary action against a certified inspector are:

      (a) Unprofessional conduct;

      (b) Professional incompetence; and

      (c) A criminal conviction for a felony or any offense involving moral turpitude.

      2.  If grounds for disciplinary action against a certified inspector exist, the division may, after providing the inspector with notice and an opportunity for a hearing, do one or more of the following:

      (a) Revoke or suspend his certificate.

      (b) Place conditions upon his certificate or upon the reissuance of a certificate revoked pursuant to this section.

      (c) Impose a fine of not more than $1,000 for each violation.

      3.  If a certificate is revoked by the division, another certificate must not be issued to the same inspector 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 inspector satisfies the requirements for an original certificate.

      Sec. 26.  A certified inspector is guilty of unprofessional conduct if he:

      1.  Fails to disclose to any person with whom he is dealing any material fact or other information he knows, or in the exercise of reasonable care and diligence should know, concerning any improvement he inspects, including any interest he has in the improvement or the real estate to which it is affixed;

      2.  Knowingly communicates a false or fraudulent inspection report to any interested person or otherwise engages in any deceitful, fraudulent or dishonest conduct;

      3.  Before obtaining his certificate, engaged in any conduct of which the division is not aware that would be a ground for the denial of a certificate;


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ê1997 Statutes of Nevada, Page 1797 (Chapter 475, AB 165)ê

 

      4.  Makes a false statement of material fact on his application for a certificate; or

      5.  Performs any repairs for compensation upon any improvement for which he has prepared an inspection report.

      Sec. 27.  1.  Whenever the division believes from evidence satisfactory to it that any person has violated or is about to violate a provision of this chapter, or a provision of any regulation, ruling or decision of the division, it may bring an action, in the name of the division, in the district court of the State of Nevada in and for the county where the person resides or, if the person resides outside the State of Nevada, in any court of competent jurisdiction within or outside the State of Nevada, against the person to enjoin him from engaging in or continuing the violation, or from doing any act or acts in furtherance of the violation.

      2.  If the action is brought in a district court of the State of Nevada, an order or judgment may be entered, if proper, awarding a temporary restraining order, preliminary injunction or final injunction. A preliminary injunction or temporary restraining order must not be granted without at least 5 days’ notice to the opposite party.

      Sec. 28.  1.  A person who obtains or attempts to obtain a certificate by means of intentional misrepresentation, deceit or fraud is guilty of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may impose a fine of not more than $10,000.

      2.  A person who:

      (a) Holds himself out as a certified inspector;

      (b) Uses in connection with his name the words “licensed,” “registered,” “certified” or any other title, word, letter or other designation intended to imply or designate that he is a certified inspector; or

      (c) Describes or refers to any inspection report prepared by him as “certified” or “licensed” in this state, without first obtaining a certificate as provided in this chapter, is guilty of a gross misdemeanor.

      Sec. 29.  NRS 645C.150 is hereby amended to read as follows:  

      645C.150  The provisions of this chapter do not apply to:

      1.  A federal or state employee, or an employee of a local government, who prepares or communicates an appraisal as part of his official duties, unless a license or certificate is required as a condition of his employment.

      2.  A person appointed to evaluate real estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the appointing judge.

      3.  A board of appraisers acting pursuant to NRS 269.135.

      4.  A person licensed pursuant to chapter 645 or 684A of NRS , or certified pursuant to sections 2 to 28, inclusive, of this act, while he is performing an act within the scope of his license [.] or certificate.

      5.  A person who makes an evaluation of real estate as an incidental part of his employment for which [no] special compensation is not provided, if that evaluation is only provided to his employer for internal use within the place of his employment.

      Sec. 30.  NRS 113.150 is hereby amended to read as follows:

      113.150  1.  If a seller or his agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130, the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.


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ê1997 Statutes of Nevada, Page 1798 (Chapter 475, AB 165)ê

 

purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.

      2.  If, before the conveyance of the property to the purchaser, a seller or his agent informs the purchaser or his agent, through the disclosure form or another written notice, of a defect in the property of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser may:

      (a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or

      (b) Close escrow and accept the property with the defect as revealed by the seller or his agent without further recourse.

      3.  Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:

      (a) On the holder of any escrow opened for the conveyance; or

      (b) If an escrow has not been opened for the conveyance, on the seller or his agent.

      4.  Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or his agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney’s fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.

      5.  A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the seller’s reliance upon information provided to the seller by:

      (a) An officer or employee of this state or any political subdivision of this state in the ordinary course of his duties; or

      (b) A contractor, engineer, land surveyor , certified inspector as defined in section 5 of this act or pesticide applicator, who was authorized to practice that profession in this state at the time the information was provided.

      6.  A purchaser of residential property may waive any of his rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

      Sec. 31.  1.  There is hereby appropriated from the state general fund to the real estate division of the department of business and industry for costs related to the certification of inspectors of structures:


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ê1997 Statutes of Nevada, Page 1799 (Chapter 475, AB 165)ê

 

For the fiscal year 1997-1998........................................................................... $36,556

For the fiscal year 1998-1999........................................................................... $27,524

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 32.  1.  This section and section 31 of this act become effective on July 1, 1997.

      2.  Sections 1 to 15, inclusive, 17 to 27, inclusive, and 29 of this act become effective on October 1, 1997.

      3.  Section 30 of this act becomes effective at 12:01 a.m. on October 1, 1997.

      4.  Sections 16 and 28 of this act become effective on July 1, 1998.

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CHAPTER 476, AB 170

Assembly Bill No. 170–Assemblymen Ohrenschall, Evans, Giunchigliani, Krenzer, Anderson, Hickey, Segerblom, Sandoval, Perkins, Carpenter, Koivisto, Collins, Nolan, Manendo, Berman, de Braga, Dini, Buckley, Tiffany, Amodei, Herrera, Goldwater, Arberry, Bache, Freeman, Parks, Lee, Chowning, Williams, Price, Close, Humke, Hettrick, Ernaut, Mortenson, Lambert, Braunlin, Von Tobel, Neighbors, Gustavson, Cegavske and Marvel

CHAPTER 476

AN ACT relating to domestic violence; creating the repository for information concerning orders for protection against domestic violence within the central repository for Nevada records of criminal history; requiring certain persons to transmit certain information regarding orders for protection against domestic violence to the central repository for Nevada records of criminal history; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; making various changes concerning the penalties imposed for committing a battery that constitutes domestic violence; requiring a court to register certain orders for protection against domestic violence issued by a court located outside this state; creating the office of ombudsman for victims of domestic violence; creating an account for programs related to domestic violence; requiring the appointment of a committee on domestic violence; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature hereby finds and declares that:

      1.  There is a critical public need to ensure the effective prosecution of persons who commit acts of domestic violence in this state.

      2.  The laws of this state require amendment to improve the prosecution of crimes involving domestic violence.

      3.  The high recidivism rate for the crimes of battery, sexual assault and stalking when committed against the spouse, child or relative of the offender or other person who the offender is or was dating indicates that alternative sentencing procedures for such crimes are necessary.


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ê1997 Statutes of Nevada, Page 1800 (Chapter 476, AB 170)ê

 

or other person who the offender is or was dating indicates that alternative sentencing procedures for such crimes are necessary.

      4.  Mandatory training of judges in this state regarding the societal aspects of the crimes related to domestic violence is desirable and warrants an amendment to the supreme court rules requiring that such training be provided to each judge within 6 months after the judge takes office and annually at the meeting of the Nevada Judges’ Association. The office of the attorney general should provide the training. Any cost associated with the training should be allocated from the operating budget of the office of the attorney general.

      Sec. 2.  NRS 171.1225 is hereby amended to read as follows:

      171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that a battery has been committed against you , [or] your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, [a] any other person to whom you are related by blood [,] or marriage, a person with whom you are or were actually residing , a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.

             (3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

                   (I) Stop threatening, harassing or injuring you or your children;

                   (II) Move out of your residence;

                   (III) Stay away from your place of employment;

                   (IV) Stay away from the school attended by your children;

                   (V) Stay away from any place you or your children regularly go; and

                   (VI) Avoid or limit all communication with you or your children.


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ê1997 Statutes of Nevada, Page 1801 (Chapter 476, AB 170)ê

 

             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:

                   (I) The rent or mortgage due on the place in which you live;

                   (II) The amount of money necessary for the support of your children; and

                   (III) Part or all of the costs incurred by you in obtaining the order for protection.

             (7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested.

             (9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at ........................ (state toll-free telephone number of statewide program).

      2.  As used in this section, “act of domestic violence” means any of the following acts committed by a person against [another] his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing [or] , a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, [or upon his] the minor child of any of those persons or [a] his minor child : [of that person:]

      (a) A battery.

      (b) An assault.

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

      (d) A sexual assault.

      (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

             (1) Stalking.

             (2) Arson.

             (3) Trespassing.

             (4) Larceny.

             (5) Destruction of private property.

             (6) Carrying a concealed weapon without a permit.

      (f) False imprisonment.

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

      3.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.


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ê1997 Statutes of Nevada, Page 1802 (Chapter 476, AB 170)ê

 

negligence or as causation in any civil action against the peace officer or his employer.

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

      Sec. 3.  NRS 171.137 is hereby amended to read as follows:

      171.137  1.  Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, [a] any other person to whom he is related by blood [,] or marriage, a person with whom he is or was actually residing [or] , a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, [his] the minor child of any of those persons or [a] his minor child . [of that person.]

      2.  If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly [committing] committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:

      (a) Prior domestic violence involving either person;

      (b) The relative severity of the injuries inflicted upon the persons involved;

      (c) The potential for future injury;

      (d) Whether one of the alleged batteries was committed in self-defense; and

      (e) Any other factor [which helps] that may help the peace officer decide which person [is] was the primary physical aggressor.

      3.  A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.

      4.  When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include in his report, if applicable:

      (a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and

      (b) Any mitigating circumstances which prevented him from making an arrest pursuant to subsection 1,

and forward a copy of the report to the [department of motor vehicles and public safety.] central repository for Nevada records of criminal history.


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ê1997 Statutes of Nevada, Page 1803 (Chapter 476, AB 170)ê

 

      5.  The [department] central repository shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.

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

      Sec. 4.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as [other times and procedures are] otherwise provided in NRS 453.3365, a person who has been convicted of:

      (a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;

      (b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;

      (c) A violation of NRS 484.379 other than a felony , or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or

      (d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,

petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner’s criminal history received from the central repository for Nevada records of criminal history.

      2.  The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      3.  If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      Sec. 4.5.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The repository for information concerning orders for protection against domestic violence is hereby created within the central repository.

      2.  Except as otherwise provided in subsection 4, the repository for information concerning orders for protection against domestic violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada, in accordance with regulations adopted by the director of the department, including, without limitation, any information received pursuant to section 10 of this act.


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ê1997 Statutes of Nevada, Page 1804 (Chapter 476, AB 170)ê

 

State of Nevada, in accordance with regulations adopted by the director of the department, including, without limitation, any information received pursuant to section 10 of this act. Information received by the central repository pursuant to section 10 of this act must be entered in the repository for information concerning orders for protection against domestic violence not later than 8 hours after it is received by the central repository.

      3.  The information in the repository for information concerning orders for protection against domestic violence must be accessible by computer at all times to each agency of criminal justice.

      4.  The repository for information concerning orders for protection against domestic violence must not contain any information concerning an event that occurred before October 1, 1998.

      Sec. 5.  NRS 3.223 is hereby amended to read as follows:

      3.223  1.  Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

      (a) Brought pursuant to chapter 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS.

      (b) Brought pursuant to chapter 31A of NRS, except to the extent that NRS 31A.010 authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

      (c) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      (d) For judicial approval of the marriage of a minor.

      (e) Otherwise within the jurisdiction of the juvenile court.

      (f) To establish the date of birth, place of birth or parentage of a minor.

      (g) To change the name of a minor.

      (h) For a judicial declaration of the sanity of a minor.

      (i) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      (j) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

      2.  The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      3.  The family court, where established, and the district court, have concurrent jurisdiction over any action for damages brought pursuant to section 16 of this act by a person who suffered injury as the proximate result of an act that constitutes domestic violence.

      Sec. 6.  NRS 4.373 is hereby amended to read as follows:

      4.373  1.  Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;


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ê1997 Statutes of Nevada, Page 1805 (Chapter 476, AB 170)ê

 

      (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity; and

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or

      (c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the justice of the peace.

      3.  The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender’s compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      Sec. 7.  NRS 4.3762 is hereby amended to read as follows:

      4.3762  1.  [In] Except as otherwise provided in subsection 5, in lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:

      (a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and

      (b) Require intensive supervision of the convicted person, including , without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.

      3.  An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence.


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ê1997 Statutes of Nevada, Page 1806 (Chapter 476, AB 170)ê

 

presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      4.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      5.  The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.

      Sec. 8.  NRS 5.055 is hereby amended to read as follows:

      5.055  1.  Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:

      (a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;

      (b) Engage in a program of work for the benefit of the community, for not more than 200 hours;

      (c) Actively participate in a program of professional counseling at the expense of the offender;

      (d) Abstain from the use of alcohol and controlled substances;

      (e) Refrain from engaging in any criminal activity; and

      (f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.

      2.  If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:

      (a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

      (b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or

      (c) Both programs set forth in paragraphs (a) and (b),

and that he comply with any other condition of suspension ordered by the municipal judge.

      3.  The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender’s compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.


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ê1997 Statutes of Nevada, Page 1807 (Chapter 476, AB 170)ê

 

the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.

      Sec. 9.  NRS 5.076 is hereby amended to read as follows:

      5.076  1.  [In] Except as otherwise provided in subsection 5, in lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the municipal judge shall:

      (a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and

      (b) Require intensive supervision of the convicted person, including , without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.

      3.  An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person’s] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [person’s] activities of the person while inside his residence,

must not be used.

      4.  A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      5.  The municipal judge shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal judge makes a finding that the person is not likely to pose a threat to the victim of the battery.

      Sec. 10.  Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, he shall cause to be transmitted, in the manner prescribed by the central repository for Nevada records of criminal history, any information required by the central repository in a manner which ensures that the information is received by the central repository by the end of the next business day.


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ê1997 Statutes of Nevada, Page 1808 (Chapter 476, AB 170)ê

 

      Sec. 11.  NRS 33.017 is hereby amended to read as follows:

      33.017  As used in NRS 33.017 to 33.100, inclusive, and section 10 of this act, unless the context otherwise requires:

      1.  “Extended order” means an extended order for protection against domestic violence.

      2.  “Temporary order” means a temporary order for protection against domestic violence.

      Sec. 12.  NRS 33.018 is hereby amended to read as follows:

      33.018  1.  Domestic violence occurs when a person commits one of the following acts against or upon [another] his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship [or] , a person with whom he has a child in common, [or upon his] the minor child of any of those persons or [a] his minor child : [of that person:]

      [1.] (a) A battery.

      [2.] (b) An assault.

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

      [4.] (d) A sexual assault.

      [5.] (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

      [(a)] (1) Stalking.

      [(b)] (2) Arson.

      [(c)] (3) Trespassing.

      [(d)] (4) Larceny.

      [(e)] (5) Destruction of private property.

      [(f)] (6) Carrying a concealed weapon without a permit.

      [6.] (f) A false imprisonment.

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

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

      Sec. 13.  NRS 33.020 is hereby amended to read as follows:

      33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence. A temporary or extended order for protection against domestic violence must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.


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ê1997 Statutes of Nevada, Page 1809 (Chapter 476, AB 170)ê

 

      2.  The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.

      4.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

      5.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

      6.  In a county whose population is 400,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.

      7.  In a county whose population is less than 400,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.

      8.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to section 10 of this act.

      Sec. 14.  NRS 33.070 is hereby amended to read as follows:

      33.070  1.  Every temporary or extended order must include a provision ordering any law enforcement officer [who witnesses a violation of] to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order . [to arrest the adverse party.]

      2.  If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:

      (a) Inform the adverse party of the specific terms and conditions of the order; [and]


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ê1997 Statutes of Nevada, Page 1810 (Chapter 476, AB 170)ê

 

      (b) Inform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest [.] ; and

      (c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order.

      3.  Information concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who [gives] gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.

      Sec. 15.  NRS 33.090 is hereby amended to read as follows:

      33.090  [Upon]

      1.  A person may apply to a court of this state to register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.

      2.  Except as otherwise provided in subsection 4, upon application by the protected party [,] pursuant to subsection 1, a court of competent jurisdiction in this state shall [accept an order for protection against domestic violence issued by a court of another state as evidence of the facts on which it is based and shall issue its own temporary or extended order as those facts may warrant.] register such an order if:

      (a) The court determines that the issuing court had proper jurisdiction over the parties and the subject matter under the laws of the state, territory or tribe; and

      (b) The court determines that the adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard as soon as possible after the order was issued.

      3.  An order that is registered has the same effect and must be enforced in like manner as an order for protection against domestic violence issued by a court of this state.

      4.  If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe was a mutual order for protection against domestic violence and:

      (a) No counter or cross-petition was filed seeking such protection order;

      (b) A counter or cross-petition was filed and the court did not make a specific finding of domestic violence by both parties; or

      (c) The person who is applying to register the order has violated a law of the State of Nevada relating to a different protection order issued against him,

the court may refuse to register and enforce the order and may determine whether to issue its own temporary or extended order.

      5.  A temporary or extended order of another state, territory or Indian tribe presented pursuant to this section which appears authentic on its face must be presumed valid.


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ê1997 Statutes of Nevada, Page 1811 (Chapter 476, AB 170)ê

 

      6.  A court, law enforcement officer or any other person who enforces an order for protection against domestic violence based upon a reasonable belief that the order is valid is immune from civil liability for any action taken based on that belief.

      7.  The clerk of the court shall maintain a record of each order registered pursuant to this section.

      8.  The clerk shall not charge a fee for an application to register or for registering an order pursuant to this section.

      9.  The clerk shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to section 10 of this act.

      Sec. 16.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who has suffered injury as the proximate result of an act that constitutes domestic violence pursuant to NRS 33.018 may bring an action to recover for his actual damages, including, without limitation, damage to any real or personal property. If the person who suffered injury prevails in such an action the court shall award him costs and reasonable attorney’s fees.

      Sec. 17.  NRS 41.135 is hereby amended to read as follows:

      41.135  A person who is convicted of committing or attempting to commit [a felony or a juvenile who is adjudicated delinquent for committing or attempting to commit an]

      1.  A felony;

      2.  An act that would have been a felony if committed by an adult ; or

      3.  A misdemeanor or gross misdemeanor that constitutes domestic violence pursuant to NRS 33.018,

may not bring an action against the victim or the [victim’s] estate of the victim for injuries sustained by the offender or damage to property of the offender that occurred [in] during the course of the [felony] crime or delinquent act.

      Sec. 18.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.


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ê1997 Statutes of Nevada, Page 1812 (Chapter 476, AB 170)ê

 

      (b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act.

      (b) For the second offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act.

      3.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to section 29 of this act.

      4.  In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

      5.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

      6.  For the purposes of this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and

      (b) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.


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ê1997 Statutes of Nevada, Page 1813 (Chapter 476, AB 170)ê

 

      Sec. 19.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or

             (5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  [A] Except as otherwise provided in section 18 of this act, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. [If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing, with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.]

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.

      (c) If the battery is committed upon an officer, school employee or transit operator and:

             (1) The officer, school employee or transit operator was performing his duty;

             (2) The officer, school employee or transit operator suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, school employee or transit operator,

for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.


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ê1997 Statutes of Nevada, Page 1814 (Chapter 476, AB 170)ê

 

      (d) If the battery is committed upon an officer, school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

      (e) If the battery is committed with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, and:

             (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

             (2) Substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

      Sec. 20.  NRS 209.429 is hereby amended to read as follows:

      209.429  1.  [The] Except as otherwise provided in subsection 6, the director shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence if:

      (a) The offender has:

             (1) Established a position of employment in the community;

             (2) Enrolled in a program for education or rehabilitation; or

             (3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;

      (b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and

      (c) The director believes that the offender will be able to:

             (1) Comply with the terms and conditions required under residential confinement; and

             (2) Complete successfully the remainder of the program of treatment while under residential confinement.

If an offender assigned to the program of treatment pursuant to NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director.


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ê1997 Statutes of Nevada, Page 1815 (Chapter 476, AB 170)ê

 

enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      2.  Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division of parole and probation a signed document stating that:

      (a) He will comply with the terms or conditions of his residential confinement; and

      (b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.

      3.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.

      4.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.

      5.  A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      6.  The director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the division of parole and probation to serve a term of residential confinement unless the director makes a finding that the offender is not likely to pose a threat to the victim of the battery.


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ê1997 Statutes of Nevada, Page 1816 (Chapter 476, AB 170)ê

 

      Sec. 21.  NRS 209.501 is hereby amended to read as follows:

      209.501  1.  The director may grant temporary furloughs consistent with classification evaluations and requirements:

      (a) To permit offenders to:

             (1) Be interviewed by prospective employers;

             (2) Respond to family emergencies; or

             (3) Participate in other approved activities.

      (b) For such other purposes as may be deemed appropriate by the director with the approval of the board.

      2.  Furloughs:

      (a) Are limited to the confines of the state.

      (b) [Shall] Must not be granted to offenders:

             (1) Sentenced to life imprisonment without the possibility of parole.

             (2) Imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.

      (c) Must not be granted to an offender who is imprisoned for committing a battery which constitutes domestic violence pursuant to NRS 33.018, unless the director makes a finding that the offender is not likely to pose a threat to the victim of the battery.

      3.  The director shall notify appropriate law enforcement authorities in the affected county or city to anticipate the arrival of the offender within their jurisdiction and inform them of the date and time of the offender’s arrival, the reason the furlough was granted, the time when the furlough expires and any other pertinent information which the director deems appropriate.

      4.  The director with the approval of the board shall adopt regulations for administering the provisions of this section and governing the conduct of offenders granted a furlough.

      Sec. 22.  NRS 213.15193 is hereby amended to read as follows:

      213.15193  1.  [The] Except as otherwise provided in subsection 6, the chief may order the residential confinement of a parolee if he believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

      2.  In ordering the residential confinement of a parolee, the chief shall:

      (a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and

      (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [parolee’s] presence of the parolee at his residence, including, without limitation, the transmission of still visual images which do not concern the [parolee’s] activities of the parolee while inside his residence. A device which is capable of recording or transmitting:


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ê1997 Statutes of Nevada, Page 1817 (Chapter 476, AB 170)ê

 

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [parolee’s] activities of the parolee while inside his residence,

must not be used.

      4.  The chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the [parolee’s] original sentence [.] of the parolee.

      6.  The chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      Sec. 23.  NRS 213.152 is hereby amended to read as follows:

      213.152  1.  [If] Except as otherwise provided in subsection 6, if a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.

      2.  In ordering the parolee to a term of residential confinement, the board shall:

      (a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and

      (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.

      3.  An electronic device approved by the division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [parolee’s] presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person’s] activities of the person while inside his residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the [parolee’s] activities of the parolee while inside his residence,

must not be used.

      4.  The board shall not order a parolee to a term of residential confinement unless he agrees to the order.

      5.  A term of residential confinement may not be longer than the unexpired maximum term of the [parolee’s] original sentence [.] of the parolee.

      6.  The board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.


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ê1997 Statutes of Nevada, Page 1818 (Chapter 476, AB 170)ê

 

      Sec. 24.  NRS 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.460, inclusive, and sections 2 to 6, inclusive, of [this act,] Senate Bill No. 155 of this session, unless the context otherwise requires:

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

      2.  “Division” means the division of child and family services of the department of human resources.

      [2.] 3.  “Domestic violence” means:

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

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

             (1) A battery.

             (2) An assault.

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

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

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

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

      [4.] 5.  “Participant” means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to sections 2 to 6, inclusive, of this act.

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

      Sec. 25.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 30, inclusive, of this act.

      Sec. 26.  As used in sections 26 to 30, inclusive, of this act, “domestic violence” has the meaning ascribed to it in NRS 33.018.


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ê1997 Statutes of Nevada, Page 1819 (Chapter 476, AB 170)ê

 

      Sec. 27.  1.  The office of ombudsman for victims of domestic violence is hereby created within the office of the attorney general.

      2.  The attorney general shall appoint a person to serve in the position of ombudsman for a term of 4 years. The person so appointed:

      (a) Must be knowledgeable about the legal and societal aspects of domestic violence;

      (b) Is in the unclassified service of the state; and

      (c) Is not required to be an attorney.

      3.  The attorney general may remove the ombudsman from office for inefficiency, neglect of duty or malfeasance in office.

      Sec. 28.  1.  The ombudsman for victims of domestic violence shall:

      (a) Prepare quarterly reports relating to victims of domestic violence from information collected from the central repository for Nevada records of criminal history, if any such information is available.

      (b) Provide necessary assistance to victims of domestic violence.

      (c) Provide education to the public concerning domestic violence, including, without limitation, the prevention of domestic violence, available assistance to victims of domestic violence and available treatment for persons who commit domestic violence.

      (d) Perform such other tasks as are necessary to carry out his duties and the functions of his office.

      2.  Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding. Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.

      3.  Any grant received by the office of the attorney general for assistance to victims of domestic violence may be used to compensate the ombudsman for victims of domestic violence.

      Sec. 29.  1.  The account for programs related to domestic violence is hereby created in the state general fund. Any administrative assessment imposed and collected pursuant to section 18 of this act must be deposited with the state treasurer for credit to the account.

      2.  The ombudsman for victims of domestic violence:

      (a) Shall administer the account for programs related to domestic violence; and

      (b) May expend money in the account only to pay for expenses related to:

             (1) The committee on domestic violence created pursuant to section 30 of this act;

             (2) Training law enforcement officers, attorneys and members of the judicial system about domestic violence;

             (3) Assisting victims of domestic violence and educating the public concerning domestic violence; and

             (4) Carrying out his duties and the functions of his office.

      3.  All claims against the account for programs related to domestic violence must be paid as other claims against the state are paid.

      Sec. 30.  1.  The attorney general shall appoint a committee on domestic violence comprised of:


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ê1997 Statutes of Nevada, Page 1820 (Chapter 476, AB 170)ê

 

      (a) One staff member of a program for victims of domestic violence;

      (b) One staff member of a program for the treatment of persons who commit domestic violence;

      (c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;

      (d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

      (e) One law enforcement officer;

      (f) One provider of mental health care;

      (g) Two victims of domestic violence; and

      (h) One person who:

             (1) Has successfully completed a program for the treatment of persons who commit domestic violence;

             (2) Has not committed a violent act following such treatment; and

             (3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.

At least two members of the committee must be residents of a county whose population is less than 100,000.

      2.  The committee shall:

      (a) Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;

      (b) Review, monitor and certify programs for the treatment of persons who commit domestic violence;

      (c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the peace officers’ standards and training committee regarding such training;

      (d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and

      (e) Submit on or before March 1 of each odd-numbered year a report to the director of the legislative counsel bureau for distribution to the regular session of the legislature. The report must include, without limitation, a summary of the work of the committee and recommendations for any necessary legislation concerning domestic violence.

      3.  The committee shall, at its first meeting and annually thereafter, elect a chairman from among its members.

      4.  The committee shall meet regularly at least semiannually and may meet at other times upon the call of the chairman. Any five members of the committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

      5.  The attorney general shall provide the committee with such staff as is necessary to carry out the duties of the committee.

      6.  While engaged in the business of the committee, each member and employee of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 31.  1.  The committee on domestic violence appointed pursuant to section 30 of this act shall begin distributing applications for the certification of programs for the treatment of persons who commit domestic violence to courts and facilities that provide treatment for persons who commit domestic violence on or before August 31, 1997.


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ê1997 Statutes of Nevada, Page 1821 (Chapter 476, AB 170)ê

 

violence to courts and facilities that provide treatment for persons who commit domestic violence on or before August 31, 1997.

      2.  The committee on domestic violence appointed pursuant to section 30 of this act shall begin reviewing applications for the certification of programs for the treatment of persons who commit domestic violence not later than October 1, 1997.

      Sec. 32.  Sections 18 and 19 of this act do not apply to offenses that are committed before January 1, 1998.

      Sec. 33.  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. 34.  1.  This section and section 30 of this act become effective on July 1, 1997.

      2.  Sections 1 to 6, inclusive, 9 to 17, inclusive, 20 to 23, inclusive, 25 to 29, inclusive, 31, 32 and 33 of this act become effective on October 1, 1997.

      3.  Sections 7, 8 and 24 of this act become effective at 12:01 a.m. on October 1, 1997.

      4.  Sections 18 and 19 of this act become effective on January 1, 1998.

________

 

CHAPTER 477, SB 302

Senate Bill No. 302–Senator Adler

CHAPTER 477

AN ACT relating to water systems; establishing procedures for the acceptance by this state of subsidies under the federal Safe Drinking Water Act; increasing the amount of general obligation bonds that may be issued to provide grants to publicly owned water systems for capital improvements; repealing the authority of the board for financing water projects to make loans to community water systems for capital improvements; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 24, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  “Account for the revolving fund” means the account created pursuant to section 16 of this act to finance the construction of projects.

      Sec. 4.  “Account for set-aside programs” means the account created pursuant to section 16 of this act to fund activities, other than projects, authorized by the Safe Drinking Water Act pursuant to sections 19 and 20 of this act.

      Sec. 5.  “Administrator” means the administrator of the division.

      Sec. 6.  “Board” means the state board of health.

      Sec. 7.  “Construction” includes:


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

ê1997 Statutes of Nevada, Page 1822 (Chapter 477, SB 302)ê

 

      1.  Preliminary planning to determine the feasibility of a project;

      2.  Engineering, architectural, legal, environmental, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications or procedures that comply with the Safe Drinking Water Act, and regulations adopted pursuant thereto; and

      3.  Other necessary actions related to a project including the erection, building, acquisition, alteration, remodeling, improvement or extension of a project, or the inspection or supervision of any item set forth in this section.

      Sec. 8.  “Division” means the health division of the department of human resources.

      Sec. 9.  “Federal grant” means money authorized by the Safe Drinking Water Act to:

      1.  Create a revolving fund to assist public water systems to finance the costs of facilities needed to achieve or maintain compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto and to protect public health; and

      2.  Fund set-aside programs authorized by the Safe Drinking Water Act.

      Sec. 10.  “Project” means the initial construction, or renovation, modification or expansion, of portions of a public water system for:

      1.  The impoundment, collection, pumping, treatment, storage or distribution of water;

      2.  Increasing, sustaining or reducing water pressure; or

      3.  The supervision, monitoring, administration, management, operation or maintenance of the water system, including acquisition of water rights,

subject to any restrictions set forth in the Safe Drinking Water Act.

      Sec. 11.  “Public water system” means a system, regardless of ownership, that provides the general public with piped water for human consumption, if the system has 15 or more connections used by residents of the state throughout the year or regularly serves 25 or more persons for 60 or more days a year. The term includes:

      1.  A facility for the collection, pumping, treatment, storage or distribution of water which is controlled by the operator of the system and used primarily in connection with the system; and

      2.  A facility for the collection or storage before treatment of water which is not controlled by the operator of the system but is used primarily in connection with the system.

      Sec. 12.  “Safe Drinking Water Act” means 42 U.S.C. §§ 300f et seq., as amended.

      Sec. 13.  “Small water system” means a public water system serving less than 10,000 persons.

      Sec. 14.  “State securities” means securities of the kinds described in NRS 349.198 authorized to be issued in the name and on behalf of the state upon the authorization of the administrator.

      Sec. 15.  The legislature finds and declares that any state securities issued pursuant to section 24 of this act are necessary for the protection and preservation of the property and natural resources of this state and for the purpose of obtaining the benefits thereof, and their issuance constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.


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

ê1997 Statutes of Nevada, Page 1823 (Chapter 477, SB 302)ê

 

      Sec. 16.  1.  The account to finance the construction of projects, to be known as the account for the revolving fund, is hereby created in the state treasury.

      2.  The account to fund activities, other than projects, authorized by the Safe Drinking Water Act, to be known as the account for set-aside programs, is hereby created in the state treasury.

      3.  The money in the account for the revolving fund and the account for set-aside programs may be used only for the purposes set forth in the Safe Drinking Water Act.

      4.  All claims against the account for the revolving fund and the account for set-aside programs must be paid as other claims against the state are paid.

      5.  The faith of the state is hereby pledged that the money in the account for the revolving fund and the account for set-aside programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.

      Sec. 17.  1.  The interest and income earned on money in the account for the revolving fund and the account for set-aside programs must be credited to the account for the revolving fund and the account for set-aside programs, respectively.

      2.  All payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the account for the revolving fund must be deposited in the state treasury for credit to the account for the revolving fund.

      3.  The division may accept gifts, appropriations from the state general fund, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the state treasury for credit to the account for the revolving fund, or the account for set-aside programs, and can be used to provide money from the state to match the federal grant, as required by the Safe Drinking Water Act.

      4.  Amounts deposited in the account for the revolving fund, including repayments of principal and interest on loans, and interest and income earned on money in the account for the revolving fund, may be used only for providing or guaranteeing loans or as a source of reserve and security for leveraged loans, except that repayments of interest on loans, and interest and income earned on money in the account for the revolving fund, may be used to secure the sale of state securities or otherwise be pledged to provide money from the state to match the federal grant, as required by the Safe Drinking Water Act.

      5.  Except as otherwise provided in subsection 6, only federal money deposited in a separate subaccount of the account for the revolving fund, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the account for the revolving fund, may be used to benefit public water systems not governmentally owned.

      6.  In addition to the sources described in subsection 5, the proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 5 may be used to benefit public water systems not governmentally owned.


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

ê1997 Statutes of Nevada, Page 1824 (Chapter 477, SB 302)ê

 

more of the sources set forth in subsection 5 may be used to benefit public water systems not governmentally owned.

      Sec. 18.  1.  The division shall:

      (a) Use the money in the account for the revolving fund and the account for set-aside programs for the purposes set forth in the Safe Drinking Water Act.

      (b) Determine whether public water systems which receive money or other assistance from the account for the revolving fund or the account for set-aside programs comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.

      2.  The division may:

      (a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the account for the revolving fund and the account for set-aside programs.

      (b) Bind itself to terms of the required agreements.

      (c) Accept grants made pursuant to the Safe Drinking Water Act.

      (d) Manage the account for the revolving fund and the account for set-aside programs in accordance with the requirements and objectives of the Safe Drinking Water Act.

      (e) Provide services relating to management and administration of the account for the revolving fund and the account for set-aside programs, including the preparation of any agreement, plan or report.

      (f) Perform, or cause to be performed by the Nevada Rural Water Association or other agencies or organizations through interagency agreement, contract or memorandum of understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.

      3.  The division shall not:

      (a) Commit any money in the account for the revolving fund for expenditure for the purposes set forth in section 19 of this act; or

      (b) Establish the priorities for determining which public water systems will receive money or other assistance from the account for the revolving fund,

without obtaining the prior approval of the board for financing water projects.

      Sec. 19.  1.  Except as otherwise provided in sections 17 and 20 of this act, money in the account for the revolving fund may be used only to:

      (a) Make loans at or below the market rate to public water systems for the construction of projects.

      (b) Buy or refinance at or below the market rate the obligations of public water systems if:

             (1) The project for which the obligations were incurred complies with the Safe Drinking Water Act and regulations adopted pursuant thereto; and

             (2) The obligations were incurred after July 1, 1993.

      (c) Guarantee or purchase insurance for local obligations, including nongovernmental debt or municipal debt, if the action would improve access to credit or reduce the rate of interest applicable to the obligation.

      (d) Arrange for the sale of state securities, including state securities issued to provide money from the state to match the federal grant, as required by the Safe Drinking Water Act, if the net proceeds from the sale of those state securities are deposited in the account for the revolving fund.


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

ê1997 Statutes of Nevada, Page 1825 (Chapter 477, SB 302)ê

 

required by the Safe Drinking Water Act, if the net proceeds from the sale of those state securities are deposited in the account for the revolving fund.

      2.  Money in the account for set-aside programs may be used only to fund set-aside programs authorized by the Safe Drinking Water Act. Money in the account for set-aside programs may be transferred to the account for the revolving fund pursuant to the Safe Drinking Water Act.

      3.  A public water system which requests a loan or other financial assistance must demonstrate that it has:

      (a) Complied with the Safe Drinking Water Act and regulations adopted pursuant thereto; or

      (b) Agreed to take actions that are needed to ensure that it has the capability to comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.

      4.  Funding from the account for the revolving fund may not be given to an existing public water system unless it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto. A new public water system, to receive such funding, must demonstrate that it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.

      Sec. 20.  1.  The administrator shall not:

      (a) Spend more than 4 percent of the federal grant for a set-aside program for administration pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act;

      (b) Spend more than 10 percent of the federal grant for a set-aside program for activities authorized pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act if matched equally by the state;

      (c) Spend more than 2 percent of the federal grant for a set-aside program for technical assistance to small water systems pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act; or

      (d) Spend more than 15 percent of the federal grant for a set-aside program for activities authorized pursuant to 42 U.S.C. § 300j-12(k) of the Safe Drinking Water Act.

      2.  The administrator may impose and collect a fee from each public water system that receives a loan or other financial assistance from the account for the revolving fund or the account for set-aside programs. The fee must be used to defray the costs of administering the account for the revolving fund or the account for set-aside programs.

      3.  If the administrator imposes a fee pursuant to subsection 2, the board shall adopt regulations establishing the amount of the fee to be collected.

      Sec. 21.  The administrator may employ any legal, fiscal, engineering and other expert services necessary to carry out his duties pursuant to sections 2 to 24, inclusive, of this act.

      Sec. 22.  1.  The board shall adopt such regulations as are necessary relating to the environmental review required by the Safe Drinking Water Act.

      2.  Each public water system which receives money from the account for the revolving fund shall prepare an environmental assessment which complies with the regulations adopted by the board and submit it to the division for review.


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

ê1997 Statutes of Nevada, Page 1826 (Chapter 477, SB 302)ê

 

complies with the regulations adopted by the board and submit it to the division for review.

      3.  The division shall review each such assessment.

      Sec. 23.  The board may adopt such regulations as are necessary to carry out the provisions of sections 2 to 24, inclusive, of this act.

      Sec. 24.  1.  The administrator may authorize the state treasurer to issue, sell or deliver state securities as general obligations or secured by pledged revenue if viable to carry out the purposes of the account for the revolving fund, or to provide money from the state to match the federal grant as required by the Safe Drinking Water Act.

      2.  If the administrator authorizes the issuance of state securities, the state treasurer may:

      (a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;

      (b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;

      (c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;

      (d) Make contracts and execute all necessary or convenient instruments;

      (e) Accept grants of money from the Federal Government, the state, any agency or political subdivision thereof, or any other person;

      (f) Adopt financial regulations relating to projects receiving financial assistance and the administration of those projects;

      (g) Employ for himself or for any public water system, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities, and the purchase of municipal securities or nongovernmental debt;

      (h) Enter into agreements and arrangements consistent with sections 2 to 24, inclusive, of this act concerning the authorization, sale and issuance of state securities and the purchase of municipal securities or nongovernmental debt;

      (i) Require, as appropriate to secure a nongovernmental debt, enhancements of credit or the pledge of any variety of collateral or other types of security, such as corporate or personal guarantees; and

      (j) Undertake other matters which he determines to be necessary or desirable to accomplish the purposes of sections 2 to 24, inclusive, of this act.

      3.  The money in the account for the revolving fund which is available for the payment of the interest and installments of principal on the state securities must be pledged as the primary source for the payment of the state securities. The full faith and credit of the state may be pledged as additional security for the payment of the state securities.

      Sec. 25.  NRS 349.986 is hereby amended to read as follows:

      349.986  The state board of finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$25,000,000] $40,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund.


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

ê1997 Statutes of Nevada, Page 1827 (Chapter 477, SB 302)ê

 

from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.

      Sec. 26.  NRS 349.970, 349.971, 349.972, 349.973, 349.974, 349.975, 349.976 and 349.978 are hereby repealed.

      Sec. 27.  The state treasurer shall transfer any balance remaining unexpended on June 30, 1997, in the revolving fund to finance capital improvements to community water systems to the account for the revolving fund created pursuant to section 16 of this act.

      Sec. 28.  1.  There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $750,000 to carry out the provisions of sections 1 to 24, inclusive, of this act.

      2.  Any remaining balance of the appropriation must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 29.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 478, AB 670

Assembly Bill No. 670–Committee on Ways and Means

CHAPTER 478

AN ACT relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the State Public Works Board; requiring the repayment for certain projects by certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the State Public Works Board the sum of $110,158,430 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1997-1998 and 1998-1999 or otherwise described as follows:

 

      Description                                                                                Project No.          Amount

 

      1.  Capital improvements for the Department of Museums, Library and Arts:

              Purchase and renovate old FIB building................................. 97-C2      $1,629,456

              Advance planning for relocation of southern Nevada museum 97-S4I.......................................................................... $200,000

              Advance planning for southern Nevada records center..... 97-S4J.................................................................................. $25,000


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

ê1997 Statutes of Nevada, Page 1828 (Chapter 478, AB 670)ê

 

              Remodel Nevada Historical Society building...................... 97-M24................................................................................ $958,696

      2.  Capital improvements for the State Department of Conservation and Natural Resources:

              Interagency dispatch center, Elko.......................................... 97-C10............................................................................. $1,780,139

              Wildlife field office, Ely............................................................ 97-C27................................................................................ $226,530

              Miscellaneous repairs to western regional headquarters for Division of Forestry.............................................. 97-M12................................................................................ $137,305

      3.  Capital improvements for the Department of Prisons:

              Sewage barscreens, Carson City............................................ 97-C17................................................................................ $443,415

              Central boiler plant study, NSP, Carson City....................... 97-S4C.................................................................................. $24,419

              Reactivate gym tower, installation of escape hatches in housing units, underground electrical system repairs and replace underground telephone cable, SNCC................... 97-M4.................................................................................. $71,419

              Install new fencing and upgrade razor wire, NNCC and NSP, Carson City............................................................... 97-M5................................................................................ $440,598

              Install emergency generators at ISCC, ECC and NWCC... 97-M11................................................................................ $321,281

              Rebuild housing unit shower rooms, SDCC........................ 97-M22.................................................................................. $99,613

              Water system improvements, SDCC.................................... 97-M25................................................................................ $669,857

              Replace doors and locks, housing units 1-3, NNCC.......... 97-M27................................................................................ $193,521

      4.  Capital improvements for the University and Community College System of Nevada:

              Remodel McMullen hall and library, GBC............................... 97-C8............................................................................. $2,500,000

              Complete Chilton circle, GBC.................................................. 97-C12................................................................................ $300,000

              West Charleston campus expansion, CCSN......................... 97-C13........................................................................... $25,000,000

              Student services building and parking facility, UNR.......... 97-C14........................................................................... $11,564,148

              Applied technology center, TMCC....................................... 97-C18............................................................................. $1,400,000

              Henderson campus expansion, phase III, CCSN................. 97-C19........................................................................... $17,000,000

              Bridge structure laboratory expansion, UNR..................... 97-C28L................................................................................ $400,000

              Dental residency building remodel, CCSN......................... 97-C29L............................................................................. $3,850,000


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

ê1997 Statutes of Nevada, Page 1829 (Chapter 478, AB 670)ê

 

              Advance planning, Redfield campus, UNR.......................... 97-S4F............................................................................. $1,000,000

              Advance planning for Getchell Library addition, human and community sciences building and medical school library, UNR.......................................................................... 97-S4G................................................................................ $480,866

              Campus improvements, System............................................... 97-U1................................................................................ $100,000

              Campus improvements, UNLV................................................. 97-U2............................................................................. $3,111,600

              Campus improvements, UNR.................................................... 97-U3............................................................................. $4,417,400

              Campus improvements, CCSN.................................................. 97-U4................................................................................ $966,000

              Campus improvements, DRI..................................................... 97-U5................................................................................ $290,000

              Campus improvements, GBC.................................................... 97-U6................................................................................ $250,000

              Campus improvements, TMCC................................................ 97-U7................................................................................ $565,000

              Campus improvements, WNCC................................................ 97-U8................................................................................ $300,000

      5.  Capital improvements for the Department of Administration:

              Statewide roofing program........................................................ 97-S1............................................................................. $1,619,276

              Statewide ADA program............................................................ 97-S2................................................................................ $500,000

              Statewide fire sprinkler program............................................... 97-S3................................................................................ $174,571

              Advance planning for 1999 CIP program............................. 97-S4D.................................................................................. $41,561

              Advance planning for law school at UNLV.......................... 97-S4L................................................................................ $170,000

              Design of science lab building, UNR..................................... 97-SM................................................................................ $400,000

              Statewide paving......................................................................... 97-S5................................................................................ $532,116

              Statewide asbestos abatement, lead paint removal and indoor air quality......................................................................... 97-S6............................................................................. $1,411,320

              Statewide underground storage tank removal........................ 97-S7................................................................................ $514,062

              Underground storage tank removal and replacement, NYTC 97-S7A................................................................................ $538,875

              Sewer lines upgrade, phase I, Clear Creek............................. 97-M7................................................................................ $201,603

              Replace multizone HVAC units, Belrose building, Las Vegas 97-M13........................................................................ $562,969

              Replace chiller, Blasdel building, Carson City.................... 97-M17................................................................................ $330,080

      6.  Capital improvements for the Department of Human Resources:

              New inpatient hospital, NMHI.................................................. 97-C6........................................................................... $10,831,640

              Locked “time-out” rooms, SNCAS......................................... 97-C21.................................................................................. $66,152

              Remodel/upgrade reception area, NNCAS........................... 97-C22.................................................................................. $28,702

              Campus steam line study, NMHI........................................... 97-S4B.................................................................................. $24,419

              Electrical system work, NMHI................................................. 97-M9................................................................................ $284,552

              Replace domestic water supply line, SNMRS..................... 97-M10................................................................................ $277,464


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

ê1997 Statutes of Nevada, Page 1830 (Chapter 478, AB 670)ê

 

              Replace multizone HVAC units, Lakes Crossing................ 97-M14................................................................................ $281,296

              Campus wide security lighting, SNMRS.............................. 97-M15.................................................................................. $82,903

              Replace HVAC units, SNCAS............................................... 97-M16.................................................................................. $97,304

              Kitchen hood and remodel bathroom, Lakes Crossing..... 97-M18................................................................................ $101,919

              Replace campus exterior lighting, NMHI............................. 97-M19................................................................................ $348,042

              Remodel eight bathrooms, SNAMHS.................................. 97-M20.................................................................................. $89,599

              Renovations to buildings 1, 2 and 3A and install water fountains in inpatient hospital, SNAMHS............................... 97-M33................................................................................ $201,650

              Replace carpet, vinyl and epoxy flooring, NMHI............... 97-M34.................................................................................. $95,864

      7.  Capital improvements for the Office of the Military:

              Advanced planning for state area command complex....... 97-S4A................................................................................ $476,640

      8.  Capital improvements for the Department of Motor Vehicles and Public Safety:

              Southern Nevada veterans’ home.......................................... 97-C16............................................................................. $6,781,942

              Chapel, southern Nevada veterans’ cemetery..................... 97-C20................................................................................ $200,000

              Phase III expansion, southern Nevada veterans’ cemetery 97-C20L................................................................................ $300,000

      9.  Capital improvements for the Department of Information Services:

              Capitol complex conduit system study and phase I............ 97-C26............................................................................. $1,270,000

              Advance planning through design development for addition to computer facility..................................................... 97-S4H................................................................................ $352,678

      10.  Capital improvements for the Office of the Attorney General:

              Convert restrooms to offices in Heroes Memorial building 97-C25................................................................................ $144,294

      11.  Capital improvements for the Department of Business and Industry:

              Weights and measures building improvements, Sparks... 97-M30.................................................................................. $65,000

              New HVAC units, Division of Agriculture, Las Vegas...... 97-M32.................................................................................. $43,674

      Sec. 2.  The State Public Works Board shall obtain approval for the siting and location of project 97-C16, the southern Nevada veterans’ home, and the proposed new site for project 97-S41, the southern Nevada museum, from the Interim Finance Committee or the Legislature if in session, before expending funding for the design of the facilities.


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

ê1997 Statutes of Nevada, Page 1831 (Chapter 478, AB 670)ê

 

museum, from the Interim Finance Committee or the Legislature if in session, before expending funding for the design of the facilities.

      Sec. 3.  Any remaining balance of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  Commencing on July 1, 1999, the Department of Information Services shall repay in annual installments to the State Treasurer for deposit to the state general fund the cost of project 97-C26, Capitol complex conduit system study and phase I, and project 97-S4H, advance planning through design development for addition to computer facility. Each installment must be equal to 5 percent of the total cost of the completed project.

      Sec. 5.  Commencing on July 1, 1999, the State Printing Office shall repay in annual installments to the State Treasurer for deposit to the state general fund the cost of project 97-S1, which provides for a new roof on the state printing building. Each installment must be equal to 5 percent of the total cost of the completed project.

      Sec. 6.  There is hereby appropriated from the state highway fund to the State Public Works Board the sum of $4,681,342 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1997-1998 and 1998-1999 or otherwise described as follows:

 

      Description                                                                                Project No.          Amount

 

    1.  Furnishings and equipment for Henderson DMV&PS office 97-H1................................................................................ $175,123

    2.  Complete renovations of DMV&PS headquarters building, Carson City............................................................................. 97-H2............................................................................. $3,434,551

    3.  Expand shop/communications facilities, Nevada Highway Patrol, Las Vegas.................................................................. 97-H4................................................................................ $605,106

    4.  Statewide roofing.......................................................................... 97-S1................................................................................ $145,115

    5.  Statewide paving........................................................................... 97-S5................................................................................ $167,884

    6.  Statewide asbestos abatement program, lead paint removal and indoor air quality....................................................... 97-S6.................................................................................. $64,680

    7.  Statewide underground storage tank removal/replacement... 97-S7.................................................................................. $88,883

      Sec. 7.  Any remaining balance of the appropriations made by section 6 of this act must not be committed for expenditure after June 30, 2001, and reverts to the highway fund as soon as all payments of money committed have been made.

      Sec. 8.  The amounts appropriated pursuant to section 6 of this act from the state highway fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.


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

ê1997 Statutes of Nevada, Page 1832 (Chapter 478, AB 670)ê

 

money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.

      Sec. 9.  There is hereby appropriated from the penalties and interest account maintained by the Employment Security Division of the Department of Employment, Training and Rehabilitation to the State Public Works Board the sum of $153,600 to support the board in carrying out the program of capital improvement, described and numbered in the executive budget as Project No. 97-E1, repairs for Employment Security Division Taylor Street building in Reno.

      Sec. 10.  The State Board of Examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $149,611,405 for the following capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1997-1998 and 1998-1999 or otherwise described as follows:

 

      Description                                                                                Project No.          Amount

 

    1.  New men’s prison number 7, phase I......................................... 97-C1........................................................................... $90,509,153

    2.  Unit 4B, culinary expansion and new program building, NWCC 97-C4............................................................................. $1,576,083

    3.  Forestry and parks complex, Las Vegas.................................... 97-C5............................................................................. $1,764,997

    4.  Northern Nevada research center, DRI...................................... 97-C9............................................................................. $2,305,997

    5.  Expand/upgrade Jean conservation camp............................... 97-C11............................................................................. $5,651,397

    6.  Lied Library, UNLV..................................................................... 97-C15........................................................................... $32,803,778

    7.  Summerlin honors campus, CCSN............................................ 97-C23............................................................................. $5,000,000

    8.  Urban center at Western High School, CCSN........................ 97-C24............................................................................. $5,000,000

    9.  Urban center at Carson High School, WNCC...................... 97-C24L............................................................................. $5,000,000

      Sec. 11.  Any remaining balance of the allocated amounts authorized in section 10 of this act must not be committed for expenditure after June 30, 2001, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

      Sec. 12.  1.  The State Controller may advance temporarily from the state general fund or, upon the approval of the Chief of the Budget Division of the Department of Administration, from other projects as authorized in sections 1 and 17 of this act to the State Public Works Board, until the date on which bonds authorized by section 10 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 10 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund or to the other projects as authorized in sections 1 and 17 of this act upon the sale of the bonds.

      2.  The Chief of the Budget Division of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the state general fund or from a project authorized in section 1 or 17 of this act to the State Public Works Board pursuant to subsection 1.


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ê1997 Statutes of Nevada, Page 1833 (Chapter 478, AB 670)ê

 

from the state general fund or from a project authorized in section 1 or 17 of this act to the State Public Works Board pursuant to subsection 1.

      Sec. 13.  The State Public Works Board shall transfer the sum of $645,651 from the amounts allocated or appropriated pursuant to sections 1 and 4 of chapter 826, Statutes of Nevada 1991, at pages 1524 to 1528, inclusive, from the projects identified in this section to projects as authorized in section 17 of this act:

 

      Description                                                                                Project No.          Amount

 

    1.  Advance planning........................................................................ 91-D1.................................................................................. $47,754

    2.  Re-roof/repair roofs on state-owned buildings, statewide.. 91-M18................................................................................ $250,000

    3.  Lovelock correctional center....................................................... 91-C6................................................................................ $296,768

    4.  Remodel supreme court building for Attorney General, Carson City................................................................................... 91-C10.................................................................................. $51,129

      Sec. 14.  The State Public Works Board shall transfer the sum of $2,137,989 from the amounts allocated or appropriated pursuant to sections 1 and 14 of chapter 351, Statutes of Nevada 1993, at pages 1126 through 1131, inclusive, from the projects identified in this section to projects as authorized in section 17 of this act:

 

      Description                                                                                Project No.          Amount

 

    1.  Roofing, statewide........................................................................ 93-S1................................................................................ $219,402

    2.  Advance planning......................................................................... 93-S4.................................................................................. $21,685

    3.  Fire sprinklers................................................................................. 93-S3............................................................................. $1,463,313

    4.  Upgrade fire alarm system, NMHI, Sparks............................... 93-M1.................................................................................. $24,728

    5.  Waterproof underground electrical system, SNCC................ 93-M5.................................................................................. $73,289

    6.  State office building furnishings/equipment and site improvements, Las Vegas................................................................... 93-C3................................................................................ $335,572

      Sec. 15.  The State Public Works Board shall transfer the sum of $14,000 from the amount appropriated pursuant to section 1 of chapter 237, Statutes of Nevada 1993, at page 518, for project 93-M20, fencing repairs at SNCC, to projects as authorized in section 17 of this act.

      Sec. 16.  The State Public Works Board shall transfer the sum of $4,332,864 from the amounts allocated or appropriated pursuant to sections 1, 6, 10 and 11 of chapter 619, Statutes of Nevada 1995, at pages 2331 to 2338, inclusive, from the projects identified in this section to projects as authorized in section 17 of this act:

 

      Description                                                                                Project No.          Amount

 

    1.  Advance Technology Center, Phase VI, TMCC.................... 95-C15............................................................................. $1,400,000


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ê1997 Statutes of Nevada, Page 1834 (Chapter 478, AB 670)ê

 

    2.  Renovate East Sahara office, DMV&PS, Las Vegas............... 95-H3.................................................................................. $80,000

    3.  Roofing, statewide........................................................................ 95-S1................................................................................ $277,862

    4.  Asbestos abatement and lead paint removal, statewide......... 95-S6.................................................................................. $24,000

    5.  Underground fuel storage tank removal, statewide................. 95-S7................................................................................ $100,000

    6.  Replace locking system, Unit 8, SDCC..................................... 95-M3.................................................................................. $54,482

    7.  Close solid waste landfills, SNCC/SDCC................................. 95-M4............................................................................. $1,059,062

    8.  Repair floors in camps and culinaries, CCC, ECC, WCC, JCC, HCC, and culinary floors at SDCC and SNCC............. 95-M31................................................................................ $545,148

    9.  Feasibility study for law school within the University and Community College System of Nevada............... 95-L16................................................................................ $330,000

    10.  Advance planning for 1997 CIP program, statewide........... 95-S4G.................................................................................. $39,000

    11.  Lovelock correctional center, Phase II..................................... 95-C1................................................................................ $250,000

    12.  Replace perimeter razor wire, SDCC........................................ 95-M7................................................................................ $127,666

    13.  Renovate bathrooms, ECC..................................................... 95-M26.................................................................................. $45,644

      Sec. 17.  The State Public Works Board shall use the $7,130,504 transferred from the projects identified in sections 13 to 16, inclusive, of this act to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1997-1998 and 1998-1999 or otherwise described as follows:

 

      Description                                                                                Project No.          Amount

 

    1.  Applied technology center, TMCC.......................................... 97-C18............................................................................. $1,400,000

    2.  Furnishings and equipment for Henderson DMV&PS office 97-H1.................................................................................. $80,000

    3.  Statewide roofing program........................................................... 97-S1................................................................................ $747,264

    4.  Advance planning for 1999 CIP program................................ 97-S4D................................................................................ $108,439

    5.  Advance planning for law school at UNLV............................ 97-S4L................................................................................ $330,000

    6.  Statewide asbestos abatement, lead paint removal and indoor air quality......................................................................... 97-S6.................................................................................. $24,000

    7.  Statewide underground storage tank removal.......................... 97-S7................................................................................ $100,000

    8.  Replace fire alarm systems, fencing and lighting, SNCAS.... 97-M2................................................................................ $109,882

    9.  Fire alarm upgrade, NMHI campus and Lakes Crossing....... 97-M3.................................................................................. $99,034


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ê1997 Statutes of Nevada, Page 1835 (Chapter 478, AB 670)ê

 

    10.  Reactivate gym tower, installation of escape hatches in housing units, underground electrical system repairs and replace underground telephone cable, SNCC................... 97-M4................................................................................ $259,015

    11.  Upgrade/replace doors, locks and control panel in unit 7 and replace control panel in unit 1, SDCC................... 97-M6............................................................................. $1,005,178

    12.  Housing unit fencing and replace perimeter razor wire, SDCC 97-M6L........................................................................ $284,757

    13.  Stabilize exterior walls of Capitol building............................. 97-M8................................................................................ $252,987

    14.  Repair floors in camps at CCC, ECC, WCC, JCC, HCC, culinary floors at ESP, SDCC and SNCC, and bathroom floors at ECC........................................................................ 97-M11L............................................................................. $1,547,245

    15.  Rebuild housing unit shower rooms, SDCC........................ 97-M22................................................................................ $546,768

    16.  Upgrade control panel, cameras and monitors, NSP.......... 97-M23................................................................................ $136,965

    17.  Replace electronic control panel, NNCC.............................. 97-M28.................................................................................. $98,970

      Sec. 18.  Any remaining balance of the allocated amounts in section 17 of this act must not be committed for expenditure after June 30, 2001, and reverts to the fund of origin as soon as all payments of money committed have been made.

      Sec. 19.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized for the following projects numbered and described in the executive budget for the fiscal years 1997-98 and 1998-99 or otherwise described as follows:

 

      Description                                                                                Project No.          Amount

 

    1.  Unit 4B, culinary expansion and new program building, NWCC 97-C4............................................................................. $6,200,362

    2.  Student services building and parking facility, UNR............ 97-C14............................................................................. $4,000,000

    3.  Lied Library, UNLV..................................................................... 97-C15........................................................................... $15,000,000

    4.  Southern Nevada veterans’ home............................................ 97-C16........................................................................... $12,595,035

    5.  Chapel, southern Nevada veterans’ cemetery........................ 97-C20................................................................................ $200,000

    6.  Phase III expansion, southern Nevada veterans’ cemetery 97-C20L................................................................................ $300,000

    7.  Bridge structure laboratory expansion.................................. 97-C28L............................................................................. $1,100,000

      Sec. 20.  The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.


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ê1997 Statutes of Nevada, Page 1836 (Chapter 478, AB 670)ê

 

      Sec. 21.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

      Sec. 22.  1.  An ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1997, and ending June 30, 1998, and an ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1998, and ending June 30, 1999. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.

      2.  The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.

      Sec. 23.  1.  On or before July 1, 1997, and July 1, 1998, the State Controller shall estimate the amount of proceeds of the tax levied by section 22 of this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The State Controller may revise the estimate and amount reserved.

      2.  If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      3.  The State Controller shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;

      (b) The amount of money transferred from the state general fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the state general fund pursuant to subsection 2.

      Sec. 24.  The State Board of Examiners, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 69th session of the Nevada Legislature from the proceeds of those bonds.

      Sec. 25.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption fund in the amount of $56,506,169 for the fiscal year beginning July 1, 1997, and ending June 30, 1998, and in the amount of $65,106,592 for the fiscal year beginning July 1, 1998, and ending June 30, 1999.


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ê1997 Statutes of Nevada, Page 1837 (Chapter 478, AB 670)ê

 

consolidated bond interest and redemption fund in the amount of $56,506,169 for the fiscal year beginning July 1, 1997, and ending June 30, 1998, and in the amount of $65,106,592 for the fiscal year beginning July 1, 1998, and ending June 30, 1999.

      Sec. 26.  With the approval of the Interim Finance Committee, the State Public Works Board and the University and Community College System of Nevada may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System of Nevada for those projects listed in sections 1, 6, 10, 17 and 28 of this act.

      Sec. 27.  The state public works board shall let a single contract for project number 97-C4, Unit 4B, culinary building expansion and new program building, NWCC. The contract for construction is exempt from the provisions relating to bids in NRS 341.145 to 341.151, inclusive.

      Sec. 28.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 which is distributed to the special capital construction fund for higher education, except any amount of that money that is needed to pay the principal and interest on bonds is appropriated to the State Public Works Board for the following capital improvement projects for the University and Community System of Nevada:

 

      Description                                                                                Project No.          Amount

 

      1.  Campus improvements, system......................................... 97-U1L      $20,000

      2.  Campus improvements, UNLV........................................... 97-U2L      $1,899,028

      3.  Campus improvements, UNR............................................. 97-U3L      $2,798.542

      4.  Campus improvements, CCSN........................................... 97-U4L      $72,430

      5.  Campus improvements, DRI............................................... 97-U5L      $75,000

      6.  Campus improvements, GBC.............................................. 97-U6L      $50,000

      7.  Campus improvements, TMCC.......................................... 97-U7L      $35,000

      8.  Campus improvements, WNCC......................................... 97-U8L      $50,000

      Sec. 29.  Any remaining balance of the appropriation made by section 28 of this act must not be committed for expenditure after June 30, 2001, and reverts to the fund of origin as soon as all payments of money committed have been made.

      Sec. 30.  Sections 10, 26, 27 and 28 of chapter 619, Statutes of Nevada 1995, at pages 2337, 2342 and 2343, are hereby amended to read as follows:

       Sec. 10.  1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $500,000 to conduct a feasibility study for the establishment of a school of law within the University and Community College System of Nevada.

       2.  The results of the feasibility study must be submitted to the director of the legislative counsel bureau for transmittal to the 69th session of the Nevada legislature.

       3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [1997,] 2001, and reverts to the state general fund as soon as all payments of money committed have been made.


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ê1997 Statutes of Nevada, Page 1838 (Chapter 478, AB 670)ê

 

and reverts to the state general fund as soon as all payments of money committed have been made.

       Sec. 26.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by sections 1 and 19 of [this act] chapter 619, Statutes of Nevada 1995, must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

       2.  Any remaining balance of the appropriations made by section 1 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of this act, must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

       Sec. 27.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 11 of [this act] chapter 619, Statutes of Nevada 1995, must not be committed for expenditure after June 30, 1999, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

       2.  Any remaining balance of the allocated amounts authorized in section 11 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of this act, must not be committed for expenditure after June 30, 2001, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.

       Sec. 28.  [Any]

       1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriation made by section 6 of [this act] chapter 619, Statutes of Nevada 1995, must not be committed for expenditure after June 30, 1999, and reverts to the state highway fund as soon as all payments of money committed have been made.

       2.  Any remaining balance of the appropriation made by section 6 of chapter 619, Statutes of Nevada 1995, for projects enumerated in section 16 of this act, must not be committed for expenditure after June 30, 2001, and reverts to the state highway fund as soon as all payments of money committed have been made.

      Sec. 31.  This act becomes effective on June 30, 1997.

________

 


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ê1997 Statutes of Nevada, Page 1839ê

 

CHAPTER 479, SB 169

Senate Bill No. 169–Senator Adler

CHAPTER 479

AN ACT relating to courses of study; providing for independent study by full-time pupils in high schools; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board shall, by regulation, establish a program pursuant to which a pupil enrolled full time in high school may complete any required or elective course by independent study outside of the normal classroom setting.

      2.  The regulations must require that:

      (a) The teacher of the course assign to the pupil the work assignments necessary to complete the course; and

      (b) The pupil and teacher meet or otherwise communicate with each other at least once each week during the course to discuss the pupil’s progress.

      3.  The board of trustees in each school district may, in accordance with the regulations adopted pursuant to subsections 1 and 2, provide for independent study by pupils enrolled full time in high schools in its district. A board of trustees that chooses to allow such study may provide that:

      (a) The pupils participating in the independent study be given instruction individually or in a group.

      (b) The independent study be offered during the regular school day.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 1840ê

 

CHAPTER 480, SB 220

Senate Bill No. 220–Committee on Human Resources and Facilities

CHAPTER 480

AN ACT relating to public education; authorizing the formation of charter schools; restricting the number of charter schools that may be formed in certain counties; providing an exception from the limitation for charter schools that provide educational services to pupils who are at risk; authorizing the board of trustees of school districts to sponsor charter schools; prescribing the process by which an application to form a charter school is submitted and approved; providing for the financial support of charter schools; exempting charter schools from certain statutes applicable to public schools; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.005 is hereby amended to read as follows:

      385.005  1.  The legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this Title are intended to reserve to the boards of trustees of local school districts within [the] this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers [shall] may only be limited by other specific provisions of law.

      2.  The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the legislature is delegated to the respective boards of trustees of local school districts [.] and to the governing body of each charter school.

      3.  The state board [of education] shall, and each board of trustees of a local school district , the governing body of each charter school and any other school [official] officer may, advise the legislature at each regular session of any recommended legislative action to [insure] ensure high standards of equality of educational opportunity for all children in the State of Nevada.

      Sec. 2.  NRS 385.007 is hereby amended to read as follows:

      385.007  As used in this Title, unless the context otherwise requires:

      1.  “Charter school” means a public school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act.

      2.  “Department” means the department of education.

      [2.] 3.  “Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools , charter schools and any other schools, classes and educational programs which receive their support through public taxation and , except for charter schools, whose textbooks and courses of study are under the control of the state board.

      [3.] 4.  “State board” means the state board of education.


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ê1997 Statutes of Nevada, Page 1841 (Chapter 480, SB 220)ê

 

      Sec. 3.  NRS 385.110 is hereby amended to read as follows:

      385.110  [The]

      1.  Except as otherwise provided in subsections 2 and 3, the state board [of education] shall prescribe and cause to be enforced the courses of study for the public schools of this state . [; provided:

      1.  That high]

      2.  For those courses of study prescribed by the state board:

      (a) High schools may have modified courses of study, subject to the approval of the state board [of education; and

      2.  That any] ; and

      (b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board . [of education.]

      3.  A charter school is not required to offer the courses of study prescribed by the state board except for those courses of study which are required for promotion to the next grade or graduation from high school.

      Sec. 4.  NRS 385.115 is hereby amended to read as follows:

      385.115  The state board [of education] shall cooperate with the attorney general in the establishment in the schools , including, without limitation, charter schools, of programs of information about missing children and adopt regulations containing guidelines for such programs.

      Sec. 5.  NRS 385.240 is hereby amended to read as follows:

      385.240  1.  The superintendent of public instruction shall approve or disapprove lists of books for use in public school libraries [, but such] except for the libraries of charter schools. Such lists must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.

      2.  Actions of the superintendent with respect to lists of books are subject to review and approval or disapproval by the state board.

      Sec. 6.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district [.] , including, without limitation, pupils enrolled in charter schools in the school district.

      2.  The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years.


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ê1997 Statutes of Nevada, Page 1842 (Chapter 480, SB 220)ê

 

previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.

      (d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.

      (e) The total expenditure per pupil for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.

      (f) The curriculum used by the school district, including [any] :

             (1) Any special programs for pupils at an individual school [.] ; and

             (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.

      (i) Efforts made by the school district and by each school in the district , including, without limitation, each charter school in the district, to increase communication with the parents of pupils in the district.

      (j) Records of incidents involving weapons or violence for each school in the district [.] , including, without limitation, each charter school in the district.

      (k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (l) The transiency rate of pupils for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.

      (m) Each source of funding for the school district.

      (n) Such other information as is directed by the superintendent of public instruction.

      3.  The superintendent of public instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

      (c) Consult with a representative of:


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ê1997 Statutes of Nevada, Page 1843 (Chapter 480, SB 220)ê

 

             (1) The Nevada State Education Association;

             (2) The Nevada Association of School Boards;

             (3) The Nevada Association of School Administrators; and

             (4) The Nevada Parent Teachers Association,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      4.  On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:

      (a) A separate report summarizing the effectiveness of the district’s program of accountability during the school year; and

      (b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).

      5.  On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.

      Sec. 7.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 31, inclusive, of this act.

      Sec. 8.  For the purposes of sections 8 to 31, inclusive, of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils with limited proficiency in the English language, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 9.  1.  The legislature hereby declares that by authorizing the formation of charter schools in this state:

      (a) The primary consideration of the legislature is to serve the best interests of pupils who are at risk.

      (b) The intention of the legislature is to provide:

             (1) The board of trustees of school districts with a method to experiment with providing a variety of independent public schools to the pupils of this state;

             (2) A framework for such experimentation;

             (3) A mechanism by which the results achieved by charter schools may be measured and analyzed; and

             (4) A procedure by which the positive results achieved by charter schools may be replicated and the negative results may be identified and eliminated.

      (c) The intention of the legislature is to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this state the opportunity to:

             (1) Improve the learning of pupils and, by extension, improve the system of public education;


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ê1997 Statutes of Nevada, Page 1844 (Chapter 480, SB 220)ê

 

             (2) Increase the opportunities for learning and access to quality education by pupils;

             (3) Encourage the use of different and innovative teaching methods;

             (4) Establish appropriate measures for and assessments of the learning achieved by pupils who are enrolled in charter schools;

             (5) Provide a more thorough and efficient system of accountability of the results achieved in public education in this state; and

             (6) Create new professional opportunities for teachers and other educational personnel, including, without limitation, the opportunity to increase the accessibility and responsibility of teachers and other educational personnel for the program of learning offered.

      2.  The legislature declares that by authorizing the formation of charter schools it is not authorizing:

      (a) The establishment of a charter school as a justification to keep open an existing public school that would otherwise be closed;

      (b) A means for providing financial assistance for private schools or programs of home study; or

      (c) The formation of charter schools on the basis of a single race, religion or ethnicity.

      Sec. 10.  1.  Except as otherwise provided in subsection 2:

      (a) In a county whose population is more than 400,000, two charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

      (b) In a county whose population is more than 100,000 but less than 400,000, two charter schools may be formed.

      (c) In a county whose population is less than 100,000, one charter school may be formed.

      2.  The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.

      Sec. 11.  The board of trustees of a school district may apply to the department for authorization to sponsor charter schools within the school district. An application must be approved by the department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      Sec. 12.  1.  A committee to form a charter school must consist of at least three licensed teachers alone or in combination with:

      (a) Ten or more members of the general public;

      (b) Representatives of an organization devoted to service to the general public;

      (c) Representatives of a private business; or

      (d) Representatives of a college or university within the University and Community College System of Nevada.

      2.  A committee to form a charter school may not submit an application to form a charter school that proposes to convert a private school or a program of study at home into a charter school.


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ê1997 Statutes of Nevada, Page 1845 (Chapter 480, SB 220)ê

 

      3.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, it must submit the application to the department. The application must include all information prescribed by the department by regulation and:

      (a) A written description of how the charter school will carry out the provisions of sections 8 to 31, inclusive, of this act.

      (b) A written description of the educational programs that will be offered by the charter school.

      (c) A written description of the level and type of educational services that will be provided to pupils who are at risk.

      (d) The policy and criteria for admission to the charter school and the justification for the policy and criteria.

      (e) The standards of achievement for the charter school, including, without limitation, the:

             (1) Academic and other educational results that will be expected of pupils who are enrolled in the charter school;

             (2) Time by which such results will be achieved; and

             (3) Procedure by which the results will be measured and assessed.

      (f) An agreement to provide a written report at the end of each school semester to the parents and legal guardians of pupils who are enrolled in the charter school, the residents of the community, the sponsor of the charter school and the state board. The written report must include the progress of the charter school in meeting the standards of achievement set forth in the application.

      (g) The system of governance for the charter school.

      (h) The system of organization and operation for the charter school.

      (i) The policies, practices and programs of the charter school that will ensure participation and involvement in the activities of the charter school by parents and legal guardians of pupils who are enrolled in the charter school.

      (j) The policies and practices of employment by the charter school applicable to the administrators and other employees of the charter school.

      (k) The procedure for evaluation of the teachers and other employees of the charter school, if different from the procedure prescribed in NRS 391.3125.

      (l) The written rules of behavior required of pupils who are enrolled in the charter school, including, without limitation, disciplinary policies and procedures for the charter school.

      (m) A written description of the location of the charter school and the facilities and equipment available to the charter school. The description must include the procedures that will be followed for the disposition of facilities and equipment upon dissolution or nonrenewal of the charter.

      (n) Guidelines for determining who is liable if the charter school is dissolved or its application for renewal is not approved.

      (o) Procedures for auditing the programs and finances of the charter school.

      (p) An agreement that the curriculum of the charter school will focus on the intellectual development of pupils, including, without limitation, the acquisition of identifiable academic and technical skills.


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ê1997 Statutes of Nevada, Page 1846 (Chapter 480, SB 220)ê

 

      (q) An agreement that the pupils who are enrolled in the charter school will be tested on a regular basis and that copies of the examinations with a letter or numerical grade will be included in the report of progress of the pupil provided to the parents or legal guardian of the pupil.

      (r) An agreement that a pupil must achieve a specified level of performance appropriate for his grade level before he is promoted to the next grade.

      4.  The department shall review an application to form a charter school to determine whether it is complete. The department shall provide written notice to the applicant of its approval or denial of the application. If the department denies an application, the department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      Sec. 13.  1.  Upon approval of an application by the department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located. The board of trustees shall consider the application at a public meeting for which notice has been provided pursuant to chapter 241 of NRS. The board of trustees shall review the application to determine whether it is complete in accordance with the regulations of the department. The board of trustees shall approve an application if it is complete. The board of trustees shall provide written notice to the applicant of its approval or denial of the application. If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      2.  If an application is approved by the board of trustees, the board of trustees and the applicant shall enter into a written agreement concerning the methods and procedures for the board of trustees to monitor the progress of the charter school. The written agreement must authorize the board of trustees and the department to physically inspect the school at any time. The contents of the application set forth in section 12 and the written agreement entered into pursuant to this subsection shall be deemed the written charter of the charter school. A written charter is for a term of 6 years unless the governing body of the charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of section 18 of this act.

      3.  If an application is approved by the board of trustees, the committee to form a charter school that submitted the application shall be deemed the governing body of the charter school.

      4.  Upon request of the governing body of a charter school and the approval of the board of trustees of the school district that granted the written charter, the written charter may be amended if such amendment will grant to the charter school a greater ability to achieve its educational goals and objectives. An amendment must not authorize an extension of the duration of the term of the written charter.


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ê1997 Statutes of Nevada, Page 1847 (Chapter 480, SB 220)ê

 

      Sec. 14.  1.  On or before July 1 of each year, the board of trustees of a school district that sponsors a charter school shall submit a written report to the state board. The written report must include an evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.

      2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the board of trustees of the school district that is the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the department, the board of trustees may renew the written charter of the school pursuant to subsection 2 of section 18 of this act.

      Sec. 14.5.  1.  On or before April 15 of each year, the governing body of each charter school shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:

      (a) Governor;

      (b) State board;

      (c) Department;

      (d) Legislative committee on education created pursuant to section 37 of Senate Bill No. 482 of this session; and

      (e) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of Senate Bill No. 482 of this session.

      2.  On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body pursuant to paragraph (q) of subsection 2 of NRS 385.347, as amended by section 22 of Senate Bill No. 482 of this session, to the commission on educational technology created pursuant to section 27 of Senate Bill No. 482 of this session.

      3.  On or before June 15 of each year, the governing body of each charter school shall:

      (a) Prepare:

             (1) A separate written report summarizing the effectiveness of the charter school’s program of accountability during the school year. The report must include:

                   (I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based; and

                   (II) The identification of any problems or factors at the charter school that are revealed by the review and analysis.

             (2) A written procedure to improve the achievement of pupils who are enrolled in the charter school, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.

      (b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:

             (1) Governor;


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ê1997 Statutes of Nevada, Page 1848 (Chapter 480, SB 220)ê

 

             (2) State board;

             (3) Department;

             (4) Legislative committee on education created pursuant to section 37 of Senate Bill No. 482 of this session; and

             (5) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of Senate Bill No. 482 of this session.

      4.  The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.

      5.  The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted pursuant to NRS 354.598.

      6.  The legislative bureau of educational accountability and program evaluation created pursuant to section 41 of Senate Bill No. 482 of this session may authorize a person or entity with whom it contracts pursuant to section 19 of Senate Bill No. 482 of this session to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to section 19 of Senate Bill No. 482 of this session.

      Sec. 15.  The board of trustees of a school district may revoke the written charter of the charter school before the expiration of the charter if a majority of the members of the board of trustees determines that the charter school, its officers or its employees have failed to comply with:

      1.  The terms and conditions of the written charter, including, without limitation, the times by which certain academic or educational results would be achieved;

      2.  Generally accepted standards of accounting and fiscal management; or

      3.  The provisions of sections 8 to 31, inclusive, of this act or any other statute or regulation applicable to charter schools.

      Sec. 16.  The board of trustees of a school district that approves the formation of a charter school shall not:

      1.  Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.

      2.  Interfere with the operation and management of the charter school except as authorized by the written charter, sections 8 to 31, inclusive, of this act and any other statute or regulation applicable to charter schools or its officers or employees.

      Sec. 17.  If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, the governing body of the charter school shall make an assignment of all real property and other property of the charter school to the State of Nevada for the repayment of all money received by the charter school from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any lawful action necessary to recover the money.


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ê1997 Statutes of Nevada, Page 1849 (Chapter 480, SB 220)ê

 

this state for such repayment, and the state may take any lawful action necessary to recover the money.

      Sec. 18.  1.  Except as otherwise provided in subsection 2, an application for renewal of a written charter may be submitted to the sponsor of the charter school not less than 90 days before the expiration of the charter. The application must include the information prescribed by the regulations of the department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in section 15 of this act. The sponsor shall provide written notice of its determination not fewer than 30 days before the expiration of the charter. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.

      2.  A charter school may submit an application for renewal of its initial charter after 3 years of operation of the charter school. The application must include the information prescribed by the regulations of the department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in section 15 of this act. The sponsor shall provide written notice of its determination. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.

      Sec. 19.  A charter school shall:

      1.  Comply with all laws and regulations relating to discrimination and civil rights.

      2.  Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

      3.  Refrain from charging tuition or fees, levying taxes or issuing bonds.

      4.  Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

      5.  Comply with the provisions of chapter 241 of NRS.

      6.  Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.


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ê1997 Statutes of Nevada, Page 1850 (Chapter 480, SB 220)ê

 

      7.  Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.

      8.  Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

      9.  Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

      10.  Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.

      11.  Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.

      Sec. 20.  A charter school shall not be supported by or otherwise affiliated with any religion or religious organization or institution.

      Sec. 21.  1.  A charter school may contract with the board of trustees of the school district in which the charter school is located to perform any service relating to the operation of the charter school, including, without limitation, transportation and the provision of health services for the pupils who are enrolled in the charter school.

      2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

      Sec. 22.  1.  The policies for admission to a charter school must be consistent with the provisions of the written charter of the charter school and must be directly related to the goals and missions of the charter school.

      2.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

      3.  Except as otherwise provided in subsection 5, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;


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ê1997 Statutes of Nevada, Page 1851 (Chapter 480, SB 220)ê

 

      (c) Religion;

      (d) Ethnicity; or

      (e) Disability,

of a pupil.

      4.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

      5.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or

      (c) Who are at risk.

If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

      Sec. 23.  1.  A governing body of a charter school shall adopt:

      (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

      (b) Appropriate punishments for violations of the rules.

      2.  Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.

      3.  A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.

      4.  A pupil who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters, be:

      (a) Suspended from the charter school pursuant to this section for not more than 10 days.

      (b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).


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ê1997 Statutes of Nevada, Page 1852 (Chapter 480, SB 220)ê

 

      5.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

      (b) Available for public inspection at the charter school.

      6.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      Sec. 24.  1.  Pupils who are enrolled in a charter school, including, without limitation, pupils who are enrolled in programs of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

      2.  The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer.

      3.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils must be revised on the last day of the first month of the school year, based on the actual number of pupils who are enrolled in the charter school.

      4.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.

      Sec. 25.  1.  At least 75 percent of the teachers who provide instruction at a charter school must be licensed teachers.

      2.  A charter school may employ persons who are not licensed teachers to provide instruction at the charter school if not more than 25 percent of teachers who provide instruction at the charter school are not licensed. A person who is employed pursuant to this subsection must:

      (a) Possess a temporary license to teach during the time that he is fulfilling the requirements for full licensure;

      (b) Possess a baccalaureate degree or higher degree; or

      (c) Have at least 8 years of experience in the field in which he is employed and possess exemplary skills in that field.

      3.  A person who is employed pursuant to paragraph (b) or (c) of subsection 2:


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

ê1997 Statutes of Nevada, Page 1853 (Chapter 480, SB 220)ê

 

      (a) Must provide instruction at a charter school only under the direction of a licensed teacher. The licensed teacher must be responsible for all instructional activities of the unlicensed teacher.

      (b) May only be selected for employment based upon his qualifications, as determined by the charter school.

      4.  A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

      (a) A master’s degree in school administration, public administration or business administration; or

      (b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

      5.  A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.

      Sec. 26.  1.  Except as otherwise provided in this subsection and subsection 2, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school. If a written charter is renewed, the employees of the charter school may, at the time of renewal, apply for recognition as a bargaining unit pursuant to NRS 288.160.

      2.  A teacher or a governing body of a charter school may request that the board of trustees of the school district and other persons who entered into the collective bargaining agreement grant a waiver from specific provisions of the collective bargaining agreement for the teacher or governing body.

      3.  All employees of a charter school shall be deemed public employees.

      4.  The governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable collective bargaining agreement contains separate provisions relating to the discipline of licensed employees of a school.

      5.  If the written charter of a charter school is revoked, the employees of the charter school must be reassigned to employment within the school district in accordance with the collective bargaining agreement.

      6.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed 6 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees. After the sixth school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing work force of the school district.


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ê1997 Statutes of Nevada, Page 1854 (Chapter 480, SB 220)ê

 

district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

      7.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the public employees’ retirement system and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

      8.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

      9.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the public employees’ retirement system.

      10.  For all employees of a charter school:

      (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the public employees’ retirement system.

      (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

      Sec. 27.  1.  On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:

      (a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

      (b) For each licensed employee and nonlicensed teacher employed at the charter school on October 1 of that year:

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

             (2) The designated assignment, as that term is defined by the department, of the employee.

      (c) The count of pupils who are enrolled in a charter school in:

             (1) Kindergarten;

             (2) Grades 1 to 12, inclusive; and

             (3) Special education pursuant to NRS 388.440 to 388.520, inclusive.

      (d) The actual expenditures of the charter school in the fiscal year immediately preceding the report.

      (e) The proposed expenditures of the charter school for the current fiscal year.


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

ê1997 Statutes of Nevada, Page 1855 (Chapter 480, SB 220)ê

 

      2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.

      3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.

      Sec. 28.  1.  On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:

      (a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

      (b) For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:

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

             (2) The designated assignment, as that term is defined by the department, of the employee.

      (c) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (d) The count of pupils who are enrolled in a charter school in:

             (1) Kindergarten;

             (2) Grades 1 to 12, inclusive; and

             (3) Special education pursuant to NRS 388.440 to 388.520, inclusive.

      (e) The actual expenditures of the charter school in the fiscal year immediately preceding the report.

      (f) The proposed expenditures of the charter school for the current fiscal year.

      (g) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations.

      (h) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.


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ê1997 Statutes of Nevada, Page 1856 (Chapter 480, SB 220)ê

 

      (i) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.

      (j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.

      3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.

      Sec. 29.  The department and the board of trustees of a school district shall:

      1.  Upon request, provide information to the general public concerning the formation and operation of charter schools;

      2.  Maintain a list available for public inspection that describes the location of each charter school;

      3.  Maintain a list available for public inspection of any buildings or facilities that may be suitable for the operation of a charter school;

      4.  Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of sections 8 to 31, inclusive, of this act; and

      5.  Provide technical and other reasonable assistance to a charter school for the operation of the charter school.

      Sec. 30.  1.  The department shall adopt regulations that prescribe:

      (a) The process for submission of an application by the board of trustees of a school district to the department for authorization to sponsor charter schools and the contents of the application;

      (b) The process for submission of an application to form a charter school to the department and to the board of trustees of a school district, and the contents of the application;

      (c) The process for submission of an application to renew a written charter; and

      (d) The criteria and type of investigation that must be applied by the board of trustees in determining whether to approve an application to form a charter school or an application to renew a written charter.

      2.  The department may adopt regulations as it determines are necessary to carry out the provisions of sections 8 to 31, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.

      Sec. 31.  The state board shall:

      1.  Review all statutes and regulations from which charter schools are exempt and determine whether such exemption assisted or impeded the charter schools in achieving their educational goals and objectives.


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ê1997 Statutes of Nevada, Page 1857 (Chapter 480, SB 220)ê

 

      2.  Make available information concerning the formation and operation of charter schools in this state to pupils, parents and legal guardians of pupils, teachers and other educational personnel and members of the general public.

      Sec. 31.1.  NRS 387.030 is hereby amended to read as follows:

      387.030  All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, must:

      1.  Be placed in the state distributive school account which is hereby created in the state general fund; and

      2.  Be apportioned among the several school districts and charter schools of [the] this state at the times and in the manner provided by law.

      Sec. 31.3.  NRS 387.040 is hereby amended to read as follows:

      387.040  1.  Except as otherwise provided in subsection 2, the state treasurer shall pay over all public school money received by him for the support of school districts only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of county treasurers. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.

      2.  If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, the state treasurer shall pay over to the school district all public school money due [to] the school district.

      3.  The state treasurer shall pay over all public school money received by him for the support of charter schools only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of the charter schools. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.

      Sec. 31.5.  NRS 387.047 is hereby amended to read as follows:

      387.047  1.  Except as otherwise provided in this section, each school district and charter school shall separately account for all money received for the instruction of and the provision of related services to pupils with disabilities and gifted and talented pupils described by NRS 388.520.

      2.  The separate accounting must include:

      (a) The amount of money provided to the school district or charter school for special education for basic support;

      (b) Transfers of money from the [school district’s] general fund of the school district or charter school needed to balance the special revenue fund; and

      (c) The cost of:

             (1) Instruction provided by licensed special education teachers and supporting staff;

             (2) Related services, including, but not limited to, services provided by psychologists, therapists [,] and health-related personnel;

             (3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;

             (4) The direct supervision of educational and supporting programs; and


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ê1997 Statutes of Nevada, Page 1858 (Chapter 480, SB 220)ê

 

             (5) The supplies and equipment needed for providing special education.

      3.  Money received from federal sources must be:

      (a) Accounted for separately; and

      (b) Excluded from the accounting required pursuant to this section.

      Sec. 32.  NRS 387.067 is hereby amended to read as follows:

      387.067  1.  The state board [of education] may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada , [or] the school districts or the charter schools of the State of Nevada by the Congress of the United States for purposes of elementary and secondary education.

      2.  The superintendent of public instruction shall deposit the money with the state treasurer, who shall make disbursements therefrom on warrants of the state controller issued upon the order of the superintendent of public instruction.

      3.  The state board , [of education and] any school district within [the] this state and any governing body of any charter school in this state may, within the limits provided in this section, make such applications , [and] agreements and [give such] assurances to the Federal Government , and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education. [Neither the state board of education nor a school district may enter into] Such an agreement or [give an assurance which requires the] assurance must not require this state , or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.

      Sec. 33.  NRS 387.080 is hereby amended to read as follows:

      387.080  1.  The state board [of education] may enter into agreements with any agency of the Federal Government, [with] any board of trustees of a school district, any governing body of a charter school or [with] any other entity or person. The state board may establish policies and prescribe regulations, authorize the employment of such personnel [,] and take such other action as it [may deem] considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.

      2.  The state treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the state controller issued upon the order of the superintendent of public instruction pursuant to regulations or policies of the state board.

      3.  The superintendent of public instruction may:

      (a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.

      (b) Assist in training personnel engaged in the operation of any program of nutrition.

      Sec. 34.  NRS 387.090 is hereby amended to read as follows:

      387.090  [Boards] The board of trustees of each school [districts] district and the governing body of each charter school may:


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ê1997 Statutes of Nevada, Page 1859 (Chapter 480, SB 220)ê

 

      1.  Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.

      2.  Use therefor money disbursed to them [under] pursuant to the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations and other money received from the sale of food under those programs.

      3.  Deposit the money in one or more accounts in a bank or banks within the state.

      4.  Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.

      Sec. 34.1.  NRS 387.121 is hereby amended to read as follows:

      387.121  The legislature declares that the proper objective of state financial aid to public education is to [insure] ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, [the] this state should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore the quintessence of the state’s financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee [minus] and local available funds produced by mandatory taxes [.] minus all the local funds attributable to pupils who reside in the county but attend a charter school. This formula is designated the Nevada plan.

      Sec. 34.2.  NRS 387.1211 is hereby amended to read as follows:

      387.1211  As used in NRS 387.121 to 387.126, inclusive:

      1.  “Average daily attendance” means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.

      2.  “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district or a charter school at a specified time during the school year.

      3.  “Special education program unit” means an organized instructional unit which includes full-time services of persons licensed by the superintendent of public instruction providing a program of instruction in accordance with minimum standards prescribed by the state board.

      Sec. 34.3.  NRS 387.1221 is hereby amended to read as follows:

      387.1221  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated to other school districts or charter schools by the superintendent of public instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated [by school districts] within counties whose allocation is less than or equal to the amount provided by law.


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ê1997 Statutes of Nevada, Page 1860 (Chapter 480, SB 220)ê

 

amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

      3.  A school district or a charter school may, after receiving the approval of the superintendent of public instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.

      Sec. 34.4.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all [those] pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

      (e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      2.  The state board [of education] shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

      3.  Except as otherwise provided in subsection 4 and NRS 388.700, the state board [of education] shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of [the] this state which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.


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ê1997 Statutes of Nevada, Page 1861 (Chapter 480, SB 220)ê

 

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

      4.  A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.

      Sec. 34.5.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.

             (3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

             (4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.

             (5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the [sum of the counts prescribed in paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.] enrollment of pupils on the last day of the first school month of the school year in a school district or a charter school is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.


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ê1997 Statutes of Nevada, Page 1862 (Chapter 480, SB 220)ê

 

used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.

      5.  Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.

      Sec. 34.6.  NRS 387.124 is hereby amended to read as follows:

      387.124  1.  On or before August 1, November 1, February 1 and May 1 of each year, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. [Apportionment] The apportionment to a school district, computed on a yearly basis , equals the difference between the basic support and the local funds available [.] pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

      2.  If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.

      Sec. 34.7.  NRS 387.1243 is hereby amended to read as follows:

      387.1243  1.  The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.

      2.  A final adjustment must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:

 


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ê1997 Statutes of Nevada, Page 1863 (Chapter 480, SB 220)ê

 

be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:

      (a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.

      (b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.

      3.  If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.

      Sec. 34.8.  NRS 387.126 is hereby amended to read as follows:

      387.126  The superintendent of public instruction may in his discretion and shall when so directed by the state board [of education] verify by independent audit or other suitable examination the reports of enrollment and daily attendance submitted by any school district or charter school for apportionment purposes.

      Sec. 34.9.  NRS 387.175 is hereby amended to read as follows:

      387.175  The county school district fund is composed of:

      1.  All local taxes for the maintenance and operation of [kindergartens, elementary schools and high] public schools.

      2.  All money received from the Federal Government for the maintenance and operation of public schools.

      3.  Apportionments by [the] this state as provided in NRS 387.124.

      4.  Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.

      Sec. 35.1.  NRS 387.185 is hereby amended to read as follows:

      387.185  1.  Except as otherwise provided in subsection 2, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

      2.  If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due [to] that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.


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ê1997 Statutes of Nevada, Page 1864 (Chapter 480, SB 220)ê

 

      3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.

      4.  All school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

      Sec. 35.2.  NRS 387.205 is hereby amended to read as follows:

      387.205  1.  Money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, must be used for:

      (a) Maintenance and operation of the public schools [.] controlled by the county school district.

      (b) Payment of premiums for Nevada industrial insurance.

      (c) Rent of schoolhouses.

      (d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.

      (e) Transportation of pupils, including the purchase of new buses.

      (f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.

      (g) Membership fees, dues and contributions to an interscholastic activities association.

      2.  Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, when available, may be used for:

      (a) Purchase of sites for school facilities.

      (b) Purchase of buildings for school use.

      (c) Repair and construction of buildings for school use.

      Sec. 35.5.  NRS 388.020 is hereby amended to read as follows:

      388.020  1.  An elementary school is a public school in which no grade work is given above that included in the eighth grade, according to the regularly adopted state course of study.

      2.  A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board . [of education.] The school is an elementary or secondary school for the purpose of teachers’ certifications.

      3.  A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of teachers’ certifications.

      4.  A special school is an organized unit of instruction operating with approval of the state board . [of education.]


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ê1997 Statutes of Nevada, Page 1865 (Chapter 480, SB 220)ê

 

      5.  A charter school is a public school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act.

      Sec. 36.  NRS 388.040 is hereby amended to read as follows:

      388.040  [In any]

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

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

      Sec. 37.  NRS 388.150 is hereby amended to read as follows:

      388.150  1.  No books, tracts or papers of a sectarian or denominational character [shall] may be used or introduced in any public school established [under] pursuant to the provisions of this Title of NRS, nor [shall] may any sectarian or denominational doctrines be taught in any public school.

      2.  Any school district or charter school whose officers knowingly allow any public schools to be taught in violation of this section forfeits all right to any public school funds.

      Sec. 38.  NRS 388.367 is hereby amended to read as follows:

      388.367  1.  There is hereby created in the state treasury the fund for the improvement of occupational education to be administered by the state board . [of education.] The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      2.  Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to work adopted pursuant to NRS 388.368.

      3.  Money in the fund must not be:

      (a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

      (b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

      4.  The state board [of education] shall establish annually a basic allocation of [$25,000] :

      (a) Twenty-five thousand dollars to each school district and community college whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board . [of education. The remaining]

      (b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board.

      5.  Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:

      (a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 [through] to 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; [and]

      (b) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first month of the school year preceding the school year for which the money is being provided; and

 


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ê1997 Statutes of Nevada, Page 1866 (Chapter 480, SB 220)ê

 

school on the last day of the first month of the school year preceding the school year for which the money is being provided; and

      (c) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.

      Sec. 39.  NRS 388.368 is hereby amended to read as follows:

      388.368  1.  The state board [of education] shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board [of education] shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.

      2.  The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:

      (a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.

      (b) To provide career counseling for all pupils during the 9th and 10th grades.

      (c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.

      (d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).

      (e) To adopt a system for issuing certificates of technical or vocational proficiency.

      (f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.

      (g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.

      (h) To strengthen the relationship [between] among the business community , [and] school districts and charter schools to promote job training and internships.

      (i) To encourage statewide participation in the program.

      (j) To meet the continuing educational and developmental needs of teachers and employees of the school district [.] and charter schools.

      (k) To adopt a process to evaluate the program and to integrate improvements into the program.

      3.  To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district , a charter school or a community college must submit to the state board [of education] an application that includes:

      (a) A description of the partnership between the school district , charter school or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.


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ê1997 Statutes of Nevada, Page 1867 (Chapter 480, SB 220)ê

 

labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.

      (b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants’ skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.

      (c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board [of education] and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.

      (d) Other information the state board [of education] may require to determine the eligibility of the school district or the charter school to participate in the program.

      4.  The state board , [of education,] after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.

      5.  As used in this section, “assisting agencies” means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.

      Sec. 40.  NRS 388.390 is hereby amended to read as follows:

      388.390  [When] If the board of trustees of a school district [has organized] or the governing body of a charter school organizes a school or classes for occupational education in accordance with the regulations adopted by the state board for occupational education and the school or classes have been approved by the executive officer of the state board for occupational education, the school district or the charter school is entitled to share in federal and state money available for the promotion of occupational education in the amount determined by the executive officer of the state board for occupational education, in accordance with the regulations and policies of the board.

      Sec. 41.  NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The state board [of education] shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.


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ê1997 Statutes of Nevada, Page 1868 (Chapter 480, SB 220)ê

 

      2.  [Prescribed] The minimum standards prescribed by the state board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

      (a) Hearing impairments, including, but not limited to, deafness.

      (b) Visual impairments, including, but not limited to, blindness.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Mental retardation.

      (f) Multiple impairments.

      (g) Serious emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      (m) Gifted and talented abilities.

      3.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the superintendent of public instruction as meeting the [prescribed] minimum standards [.] prescribed by the state board.

      Sec. 42.  NRS 389.015 is hereby amended to read as follows:

      389.015  1.  The board of trustees of each school district shall administer examinations in all public schools [within its district to] of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

      (a) Reading;

      (b) Writing; and

      (c) Mathematics.

      2.  The examinations required by subsection 1 must be:

      (a) Administered before the completion of grades 4, 8 and 11.

      (b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

      (c) Scored by a single private entity that has contracted with the state board to score the examinations. The entity shall report the results of the examinations in the form required by the department.

      3.  Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.

      4.  If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.


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ê1997 Statutes of Nevada, Page 1869 (Chapter 480, SB 220)ê

 

      5.  The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the examinations.

      (b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer’s duties.

      (c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      Sec. 43.  NRS 389.017 is hereby amended to read as follows:

      389.017  The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th and 11th grades [of] to public school pupils [in] of the district [.] and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

      Sec. 43.1.  NRS 389.085 is hereby amended to read as follows:

      389.085  1.  The automobile driver education program is hereby established [for the purpose of assisting] to assist school districts and charter schools in this state which establish and maintain automobile driver education classes. Money for the automobile driver education program [shall] must be provided by direct legislative appropriation.

      2.  The state board [of education] may direct the superintendent of public instruction to make semiannual apportionments, payable on or before February 1 and July 1 of each year, to the several school districts [.] and charter schools. The semiannual apportionment made on or before February 1 [shall] must be made on the basis of $15 times the number of estimated pupil completions in the district and charter schools during the current school year, which [shall] must be estimated by the superintendent. The semiannual apportionment made on or before July 1 [shall] must be made on the basis of $35 times the actual number of pupil completions in the district and charter schools during the current year, less any amount previously apportioned to the district or charter school for estimated pupil completions during the current school year.

      3.  If the money available for the automobile driver education program is not sufficient to make full current school year apportionments, [so determined under] as determined pursuant to subsection 2, apportionment payments to the various school districts [shall] and charter schools must be prorated so that each school district and charter school is apportioned the same amount per pupil completion, such amount to be derived by dividing the total money available by the total number of completions during the current school year.


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ê1997 Statutes of Nevada, Page 1870 (Chapter 480, SB 220)ê

 

payments to the various school districts [shall] and charter schools must be prorated so that each school district and charter school is apportioned the same amount per pupil completion, such amount to be derived by dividing the total money available by the total number of completions during the current school year.

      4.  Money received by school districts and charter schools for the automobile driver education program must not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.

      Sec. 43.3.  NRS 389.090 is hereby amended to read as follows:

      389.090  1.  The state board [of education] shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.

      2.  The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

      3.  The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:

      (a) Pupils enrolled in the regular full-time day high schools in the school district.

      (b) Pupils enrolled in summer classes conducted in high schools in the school district.

      [4.]

A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.

      4.  A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.

      5.  Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board [of education] and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

      6.  Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in motor vehicle insurance.

      Sec. 43.5.  NRS 389.100 is hereby amended to read as follows:

      389.100  1.  The legislature finds as facts:

      (a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.

      (b) That the imposition of a laboratory fee as a prerequisite to an elective course in driver education does not violate the requirements of article 11 of the constitution of the State of Nevada.


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ê1997 Statutes of Nevada, Page 1871 (Chapter 480, SB 220)ê

 

      2.  The board of trustees of any school district and the governing body of any charter school may establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course which must not exceed the actual cost per pupil of providing the laboratory portion of the course.

      Sec. 44.  NRS 390.140 is hereby amended to read as follows:

      390.140  1.  The state board [of education] shall make the final selection of all textbooks to be used in the public schools in this state [.] , except for charter schools.

      2.  A textbook must not be selected by the state board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.

      Sec. 45.  NRS 390.220 is hereby amended to read as follows:

      390.220  Boards of trustees of school districts in this state shall enforce in the public schools , excluding charter schools, the use of textbooks prescribed and adopted by the state board . [of education.]

      Sec. 46.  NRS 390.230 is hereby amended to read as follows:

      390.230  1.  [The] Except as otherwise provided in subsection 2, the textbooks adopted by the state board [of education] must be used in the public schools in [the] this state , and no other books may be used as basic textbooks.

      2.  This section does not prohibit:

      (a) The continued use of such textbooks previously approved until they become unserviceable.

      (b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.

      (c) After approval by the state board, the temporary use of textbooks for tryout purposes.

      (d) A charter school from using textbooks other than those adopted for use by the state board.

      3.  Any school officer or teacher who violates the provisions of this chapter, or knowingly fails to follow the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.

      4.  All superintendents, principals, teachers and school officers are charged with the execution of this section.

      Sec. 47.  NRS 391.045 is hereby amended to read as follows:

      391.045  The superintendent of public instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel [who hold licenses entitling them] , including, without limitation, teachers and educational personnel employed by a charter school pursuant to sections 26 and 27 of this act, who are entitled to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.


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ê1997 Statutes of Nevada, Page 1872 (Chapter 480, SB 220)ê

 

      Sec. 48.  NRS 391.170 is hereby amended to read as follows:

      391.170  [A]

      1.  Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:

      [1.] (a) He is legally employed by the board of trustees of the school district in which he is teaching or performing other educational functions.

      [2.] (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.

      2.  The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school pursuant to the provisions of sections 26 and 27 of this act.

      Sec. 49.  NRS 391.180 is hereby amended to read as follows:

      391.180  1.  As used in this section, “employee” means any employee of a school district or charter school in this state.

      2.  A school month in any public school in this state consists of 4 weeks of 5 days each.

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.

      5.  Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.

      6.  The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee [of a school district] takes a position with another school district [,] or charter school, all sick leave that he has accumulated must be transferred from his former school district or charter school to his new school district [.] or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:


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

ê1997 Statutes of Nevada, Page 1873 (Chapter 480, SB 220)ê

 

      (a) Shall first use the sick leave credited to the employee from the district or charter school into which he transferred before using any of the transferred leave; and

      (b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.

      7.  Subject to the provisions of subsection 8:

      (a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.

      (b) If , on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or [by] a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.

      8.  If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

      9.  If any subject referred to in this section is included in an agreement or contract negotiated by [the] :

      (a) The board of trustees of a school district pursuant to chapter 288 of NRS [,] ; or

      (b) The governing body of a charter school pursuant to section 27 of this act,

the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

      Sec. 50.  NRS 391.260 is hereby amended to read as follows:

      391.260  [Every]

      1.  Except as otherwise provided in subsection 2, each teacher in the public schools shall enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools.

      2.  The provisions of subsection 1 do not prohibit a charter school from:

      (a) Offering courses of study other than the courses of study prescribed by law;

      (b) Using textbooks other than the textbooks that are legally authorized for use in the school district; or

      (c) Enforcing rules and regulations other than the rules and regulations prescribed.               

      Sec. 51.  NRS 392.125 is hereby amended to read as follows:

      392.125  1.  [Before] Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.


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ê1997 Statutes of Nevada, Page 1874 (Chapter 480, SB 220)ê

 

school year, the pupil’s teacher and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.

      2.  The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

      3.  No pupil may be retained more than one time in the same grade.

      4.  This section does not apply to the academic retention of pupils who are enrolled in a charter school.

      Sec. 52.  NRS 392.160 is hereby amended to read as follows:

      392.160  1.  Any peace officer, the attendance officer, or any other school officer shall, during school hours, take into custody without warrant:

      (a) Any child between the ages of 7 and 17 years; and

      (b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.

      2.  Except as otherwise provided in subsection 3:

      (a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

      (b) After school hours, [he] the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

      3.  The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

      Sec. 53.  NRS 392.165 is hereby amended to read as follows:

      392.165  1.  The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

      2.  Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.

      3.  A child who is in the custody of the division of child and family services of the department of human resources may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.


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ê1997 Statutes of Nevada, Page 1875 (Chapter 480, SB 220)ê

 

      4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal , [or] superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

      Sec. 54.  NRS 392.167 is hereby amended to read as follows:

      392.167  A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district or the governing body of a charter school to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.

      Sec. 55.  NRS 392.170 is hereby amended to read as follows:

      392.170  Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:

      1.  Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child, for violation of any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive.

      2.  Make and file a written report of the investigation and the findings thereof in the records of the board.

      Sec. 56.  NRS 392.180 is hereby amended to read as follows:

      392.180  If it appears upon investigation that any parent, guardian or other person having control or charge of any child has violated any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive, the clerk of the board of trustees, except as otherwise provided in NRS 392.190, or the governing body of a charter school in which the child is enrolled, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.

      Sec. 57.  NRS 392.430 is hereby amended to read as follows:

      392.430  [The]

      1.  Except as otherwise provided in subsection 2, the board of trustees of a school district [shall have power:

      1.  To make] may:

      (a) Adopt and enforce [necessary] regulations that are necessary for sanitation in the public schools and [to prevent] for the prevention of the spread of contagious and infectious diseases therein.

      [2.  To expend]

      (b) Spend money available in the school district [funds] to enforce the regulations among indigent children.

      2.  The governing body of a charter school may:

      (a) Adopt and enforce rules that are necessary for sanitation in the charter school and for the prevention of contagious and infectious diseases; and

      (b) Spend money to enforce the rules among indigent children.


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ê1997 Statutes of Nevada, Page 1876 (Chapter 480, SB 220)ê

 

      Sec. 58.  NRS 392.435 is hereby amended to read as follows:

      392.435  1.  Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the state board of health may determine.

      2.  The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the child’s record of immunization.

      3.  If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.

      4.  A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.

      5.  Before December 31 of each year, each school district and the governing body of each charter school shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.

      6.  The certificate of immunization must be included in the pupil’s academic or cumulative record and transferred as part of that record upon request.

      Sec. 59.  NRS 392.437 is hereby amended to read as follows:

      392.437  A public school shall not refuse to enroll a child as a pupil because [such] the child has not been immunized pursuant to NRS 392.435 if the parents or guardian of [such child have] the child has submitted to the board of trustees of the school district or the governing body of a charter school in which the child has been accepted for enrollment a written statement indicating that their religious belief prohibits immunization of such child or ward.


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

ê1997 Statutes of Nevada, Page 1877 (Chapter 480, SB 220)ê

 

      Sec. 60.  NRS 392.439 is hereby amended to read as follows:

      392.439  If the medical condition of a child will not permit him to be immunized to the extent required by NRS 392.435 [,] and a written statement of this fact is signed by a licensed physician and [presented to the board of trustees] by the parents or guardian of [such] the child , the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt [such] the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.

      Sec. 61.  NRS 392.443 is hereby amended to read as follows:

      392.443  If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child’s parents or guardian shall submit an additional certificate or certificates to the board of trustees or the governing body of the charter school in which the child is enrolled stating that [such] the child has met the new immunization requirements.

      Sec. 62.  NRS 392.446 is hereby amended to read as follows:

      392.446  Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district or the governing body of the charter school in which the child is enrolled shall require either:

      1.  That the child be immunized; or

      2.  That he remain outside the school environment and the local health officer be notified.

      Sec. 63.  NRS 392.450 is hereby amended to read as follows:

      392.450  1.  The board of trustees of [a] each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once [a] each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.

      2.  In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the:

      (a) Person designated for this purpose by the board of trustees of the school district [;] or the governing body of a charter school; and

      (b) Chief of the fire department of the city or town.

      3.  A diagram of the approved escape route and any other information related to the drills which is approved by the chief of the fire department or, if there is no fire department, the state fire marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.

      4.  The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.

      5.  Any violation of the provisions of this section is a misdemeanor.


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

ê1997 Statutes of Nevada, Page 1878 (Chapter 480, SB 220)ê

 

      Sec. 64.  NRS 392.455 is hereby amended to read as follows:

      392.455  1.  If a school district or a charter school has established classes in occupational education, the teachers and pupils in those classes must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.

      2.  The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.

      Sec. 65.  1.  On or before February 1, 2001, the state board of education shall submit a written report to the:

      (a) Governor; and

      (b) Director of the legislative counsel bureau for transmission to the senate standing committee on human resources and facilities and the assembly standing committee on education.

      2.  The written report must evaluate the progress of charter schools in this state in improving the system of public education and achieving the educational goals and objectives set forth in the written charters of each charter school. In evaluating the progress of charter schools, the state board shall compare the educational performance of pupils who are enrolled in charter schools with the performance of pupils who are from similar ethnic and economic backgrounds and who are not enrolled in charter schools. The evaluation must include a fiscal analysis based on total per pupil expenditures in the public school system.

      Sec. 66.  A charter school that is formed pursuant to the provisions of sections 8 to 31, inclusive, of this act, shall not commence operations before the 1997-1998 school year.

      Sec. 67.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 68.  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. 69.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1879ê

 

CHAPTER 481, AB 3

Assembly Bill No. 3–Assemblywoman Segerblom

CHAPTER 481

AN ACT relating to public highways; urging the department of transportation to cooperate with other entities in determining the feasibility of constructing a sound barrier alongside a certain portion of U.S. Highway No. 515 in Henderson; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Nevada Legislature hereby urges the department of transportation and the city of Henderson, in cooperation with other affected local governmental entities, to:

      1.  Determine the feasibility of constructing a wall to function as a sound barrier along both sides of U.S. Highway No. 515 in Henderson, Nevada, between Lake Mead Boulevard and the Boulder Highway; and

      2.  If it is determined that the construction of such a sound barrier is feasible, complete the construction of the sound barrier in a timely and cost-effective manner.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1880ê

 

CHAPTER 482, AB 366

Assembly Bill No. 366–Committee on Government Affairs

CHAPTER 482

AN ACT relating to governmental administration; reorganizing the public service commission of Nevada into the public utilities commission of Nevada and defining its duties; creating the transportation services authority and defining its duties; transferring the regulation of certain transportation carriers from the public service commission to the transportation services authority; creating the bureau of consumer protection in the office of the attorney general and defining its duties; transferring the duties of the office of the advocate for customers of public utilities in the office of the attorney general to the bureau of consumer protection; revising provisions governing the regulation of electric services and gas services; requiring the central assessment of certain property; requiring the executive director of the department of taxation to submit a report to the legislature; revising the restrictions on refiner’s operation of service stations; revising the Utility Environmental Protection Act; making technical changes; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  In adopting regulations pursuant to this Title relating to the provision of electric service, the commission shall ensure that the regulations:

      1.  Maximize the benefits of a competitive marketplace for the provision of electric services;

      2.  Maintain, to the extent possible, even and fair competition among providers of electric service;

      3.  Ensure the flexibility necessary for existing utilities that provide energy to enter into a deregulated market;

      4.  Foster innovation in the provision of electric services;

      5.  Ensure and enhance reliability and safety in the provision of electric services;

      6.  Provide for flexible mechanisms for regulating electric services; and

      7.  Provide effective protection of persons who depend upon electric services.

      Sec. 3.  1.  The commission, by majority vote, shall organize the commission into sections, alter the organization of the commission and reassign responsibilities and duties of the sections of the commission as the commission deems necessary to provide:

      (a) Advice and guidance to the commission on economic policies relating to utilities under the jurisdiction of the commission, and the regulation of such utilities;

      (b) Administrative, technical, legal and support services to the commission; and

      (c) For the regulation of utilities governed by the commission and the services offered by such utilities, including, but not limited to, licensing of such utilities and services and the resolution of consumer complaints.


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

ê1997 Statutes of Nevada, Page 1881 (Chapter 482, AB 366)ê

 

      2.  The commission shall:

      (a) Formulate the policies of the various sections of the commission;

      (b) Coordinate the activities of the various sections of the commission;

      (c) Take such actions consistent with law as are necessary to encourage and enhance:

             (1) A competitive market for the provision of utility services to customers in this state; and

             (2) The reliability and safety of the provision of those services within that competitive market; and

      (d) Adopt such regulations consistent with law as the commission deems necessary for the operation of the commission and the enforcement of all laws administered by the commission.

      3.  Before reorganizing the commission, the commission shall submit the plan for reorganization to:

      (a) The director of the legislative counsel bureau for transmittal to the appropriate legislative committee and the interim finance committee; and

      (b) The director of the department of administration.

      Sec. 4.  NRS 703.010 is hereby amended to read as follows:

      703.010  As used in this chapter [:

      1.  “Commission”] , unless the context otherwise requires:

      1.  “Alternative seller” has the meaning ascribed to it in section 30 of this act.

      2.  “Commission” means the public service commission of Nevada.

      [2.] 3.  “Fully regulated carrier” has the meaning ascribed to it in NRS 706.072.

      Sec. 5.  NRS 703.020 is hereby amended to read as follows:

      703.020  The public [service] utilities commission of Nevada is hereby created.

      Sec. 6.  NRS 703.030 is hereby amended to read as follows:

      703.030  1.  The commission consists of [five] three commissioners appointed by the governor for terms of 4 years.

      2.  The governor shall appoint as members of the commission persons who have at least 2 years of experience in one or more of the following fields:

      (a) Accounting.

      (b) Business administration.

      (c) Finance [.] or economics.

      (d) Administrative law.

      (e) Professional engineering.

      [(f) The operation of motor carriers.

      3.  One commissioner may be appointed to represent the general public.

      4.] 3.  Not more than [three] two of the commissioners may be [members] :

      (a) Members of the same political party.

      (b) From the same field of experience.

      Sec. 7.  NRS 703.070 is hereby amended to read as follows:

      703.070  The governor shall designate one of the commissioners to be chairman, whose term as chairman shall be at the pleasure of the governor. The chairman shall serve as the executive officer of the commission.


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

ê1997 Statutes of Nevada, Page 1882 (Chapter 482, AB 366)ê

 

      Sec. 8.  NRS 703.090 is hereby amended to read as follows:

      703.090  The commission shall have a seal upon which [shall] must be the words “Public [Service] Utilities Commission of Nevada,” by which the commission shall authenticate its proceedings and orders. All papers made under [such seal shall] the seal must be admitted in evidence without further authenticity or proof.

      Sec. 9.  NRS 703.100 is hereby amended to read as follows:

      703.100  The commission may sue and be sued in the name of the public [service] utilities commission of Nevada.

      Sec. 10.  NRS 703.110 is hereby amended to read as follows:

      703.110  1.  The majority of the commissioners have full power to act in all matters within their jurisdiction.

      2.  [Any two or three commissioners may] If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission . [if the majority of the commissioners is disqualified or if there are two or three vacancies within the commission.]

      3.  Except as otherwise provided in this [subsection, public hearings must be conducted by one or more commissioners. An administrative proceeding conducted pursuant to subsection 2 of NRS 706.771 may be conducted by a hearing officer designated by the chairman of the commission.] chapter, all hearings and meetings conducted by the commission must be open to the public.

      Sec. 11.  NRS 703.145 is hereby amended to read as follows:

      703.145  1.  Any public [utility or common or contract motor carrier] utility subject to the jurisdiction of the commission which elects to maintain its books and records outside the State of Nevada shall, in addition to any other assessment and fees provided for by law, be assessed by the commission for an amount equal to the travel expenses and the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of commission members and staff, for investigations, inspections and audits required to be performed outside this state.

      2.  Any public utility subject to the jurisdiction of the commission shall, in addition to any other assessment and fees provided for by law, be assessed by the commission for an amount equal to the travel expenses and the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of commission members and staff, for investigations, audits and appearances required to be performed out of this state as a result of interventions in:

      (a) Federal Energy Regulatory Commission proceedings as authorized in NRS 703.152; or

      (b) Actions involving the Federal Communications Commission or other federal regulatory agencies,

if the intervention is made to benefit the public utility or its customers.

      3.  The assessments provided for by this section must be determined by the commission upon the completion of each such investigation, inspection, audit or appearance and are due and payable within 30 days of receipt by the affected utility [or common or contract motor carrier] of the notice of assessment.


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

ê1997 Statutes of Nevada, Page 1883 (Chapter 482, AB 366)ê

 

assessment. The total amount assessed by the commission in 1 year pursuant to subsection 2 must not exceed $50,000.

      4.  The records of the commission relating to the additional costs incurred by reason of the necessary additional travel must be open for inspection by the affected utility [or common or contract motor carrier] at any time within the 30-day period.

      5.  The commission shall report to the legislature no later than February 1 of each odd-numbered year the amount of assessments charged public utilities during the previous biennium pursuant to subsection 2.

      Sec. 12.  NRS 703.147 is hereby amended to read as follows:

      703.147  1.  The public [service] utilities commission regulatory fund is hereby created as a special revenue fund. All money collected by the commission pursuant to law must be deposited in the state treasury for credit to the fund. Money collected for the use of the consumer’s advocate must be transferred pursuant to the provisions of subsection 8 of NRS 704.035.

      2.  Money in the fund which belongs to the commission may be used only to defray the costs of:

      (a) Maintaining staff and equipment to regulate adequately public utilities and other persons subject to the jurisdiction of the commission.

      (b) Participating in all rate cases involving those persons.

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that regulation and participation.

      (d) The salaries, travel expenses and subsistence allowances of the members of the commission.

      3.  All claims against the fund must be paid as other claims against the state are paid.

      4.  The commission must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

      Sec. 13.  NRS 703.150 is hereby amended to read as follows:

      703.150  The commission shall supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A [, 706, 708 and 712] and 708 of NRS pursuant to the provisions of those chapters.

      Sec. 14.  NRS 703.152 is hereby amended to read as follows:

      703.152  1.  The legislature finds that the cost of energy in Nevada is affected by the Federal Energy Regulatory Commission in its regulation of the transmission of energy into and out of the State of Nevada, and the concerns of the public utilities and their customers in this state should be represented at the hearings of that Commission which affect Nevada.

      2.  The public [service commission of Nevada,] utilities commission, within the limits of its budget and as it deems necessary, may bring an action, file a petition or intervene before the Federal Energy Regulatory Commission or in any court on behalf of the public utilities and their customers in this state and represent their views in any matter which affects the development, transmission, use or cost of energy in Nevada.

      Sec. 15.  NRS 703.191 is hereby amended to read as follows:

      703.191  1.  Each public utility [, fully regulated carrier and broker of services] regulated by the commission shall:


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

ê1997 Statutes of Nevada, Page 1884 (Chapter 482, AB 366)ê

 

      (a) Keep uniform and detailed accounts of all business transacted in this state in the manner required by the commission by regulation, and render them to the commission upon its request.

      (b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.

      2.  [Except as otherwise provided in subsection 3, the] The reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  [A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.

      4.]  If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

      Sec. 16.  NRS 703.195 is hereby amended to read as follows:

      703.195  1.  Except as otherwise provided in subsection 2, any commissioner or any officer or employee of the commission who is designated by the commission, may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility [, motor carrier or broker] who does business in this state, whether or not the book, account, record, minutes, paper or property is located within [the] this state.

      2.  No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the commission determines that the examination is required to protect the interests of the public.

      3.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.

      Sec. 17.  NRS 703.196 is hereby amended to read as follows:

      703.196  1.  Any books, accounts, records, minutes, papers and property of any public utility [, motor carrier or broker] that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the commission, any officer or employee of the commission, the [advocate for customers of public utilities] bureau of consumer protection in the office of the attorney general or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the commission first determines that the disclosure is justified.


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

ê1997 Statutes of Nevada, Page 1885 (Chapter 482, AB 366)ê

 

limited, must not be disclosed to the public unless the commission first determines that the disclosure is justified.

      2.  The commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

      (a) Granting such protective orders as it deems necessary; and

      (b) Holding closed hearings to receive or examine such information.

      3.  If the commission closes a hearing to receive or examine such information, it shall:

      (a) Restrict access to the records and transcripts of such hearings without the prior approval of the commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

      (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the commission.

      4.  A representative of the staff of the commission and the [office of the advocate for customers of public utilities:] bureau of consumer protection:

      (a) May attend any closed hearing held pursuant to this section; and

      (b) Have access to any records or other information determined to be confidential pursuant to this section.

      5.  The commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the commission determines may not be disclosed must be kept under seal.

      Sec. 18.  NRS 703.197 is hereby amended to read as follows:

      703.197  1.  The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705 [, 706, 708 and 712] and 708 of NRS or by a regulation of the commission.

      2.  Filing fees may not exceed:

      (a) For applications, $200.

      (b) For petitions seeking affirmative relief, $200.

      (c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

      (d) For all other documents which require public notice, $10.

      3.  If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.

      4.  The commission may not charge any fee for filing a complaint.

      Sec. 19.  NRS 703.210 is hereby amended to read as follows:

      703.210  1.  The commission may employ, or retain on a contract basis, legal counsel who shall:

      (a) Except as otherwise provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.

      (b) Prosecute in the name of the public [service] utilities commission of Nevada all civil actions for the enforcement of chapters 704, 704A, 705 [, 706, 708 and 712] and 708 of NRS and for the recovery of any penalty or forfeiture provided for therein.


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

ê1997 Statutes of Nevada, Page 1886 (Chapter 482, AB 366)ê

 

      (c) Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705 [, 706, 708 and 712] and 708 of NRS.

      2.  Each district attorney shall:

      (a) Prosecute any violation of chapter 704, 704A, 705, [706, 708, 711 or 712] 708 or 711 of NRS for which a criminal penalty is provided and which occurs in his county.

      (b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, [706, 708, 711 or 712] 708 or 711 of NRS and, at the request of the commission or its legal counsel, act as counsel and attorney for the commission.

      3.  The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities [and motor carriers] under the jurisdiction of the commission and their officers, agents and employees.

      4.  The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.

      Sec. 20.  NRS 703.230 is hereby amended to read as follows:

      703.230  The commission may, in carrying out its duties:

      1.  Cooperate with the Federal Government, its departments and agencies.

      2.  Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by the public utilities, motor carriers and brokers, and alternative sellers of this state.

      3.  Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters which require cooperation. All necessary expenses incurred in attending hearings and conferences outside [the] this state are a charge against the state, and must be audited and paid as other claims against [the] this state are paid. The claims must be sworn to by the commissioner who incurred the expense and approved by the chairman.

      Sec. 21.  NRS 703.290 is hereby amended to read as follows:

      703.290  1.  A division of consumer relations is hereby established within the commission.

      2.  Pursuant to regulations adopted by the commission, the division of consumer relations shall:

      (a) Receive and investigate complaints made against any public utility, motor carrier or broker [;] , or alternative seller;

      (b) Conduct appropriate investigations of the service practices of utility companies [and motor carriers and brokers;] or alternative sellers; and

      (c) Perform such other functions as are required by law or as the commission deems appropriate.

      Sec. 22.  NRS 703.310 is hereby amended to read as follows:

      703.310  1.  When a complaint is made against any public utility, fully regulated carrier or broker of regulated services , or alternative seller by any person, that any of the rates, tolls, charges or schedules [,] for regulated services, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the division of consumer relations shall investigate the complaint.


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

ê1997 Statutes of Nevada, Page 1887 (Chapter 482, AB 366)ê

 

regulated services, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, or the service of any broker in connection therewith, or any regulation, measurement, practice or act affecting or relating to the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the division of consumer relations shall investigate the complaint. After receiving the complaint, the division shall give a copy of it to the public utility, carrier or broker , or alternative seller against whom the complaint is made. Within a reasonable time thereafter, the public utility, carrier or broker , or alternative seller shall provide the [division] commission with its written response to the complaint according to the regulations of the commission.

      2.  If the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint, the results of its investigation and its recommendation to the commission. If the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 703.320.

      Sec. 23.  NRS 703.374 is hereby amended to read as follows:

      703.374  1.  A court of competent jurisdiction, after hearing, may issue an injunction suspending or staying any final order of the commission if:

      (a) The applicant has filed a motion for a preliminary injunction;

      (b) The applicant has served the motion on the commission and other interested parties within 20 days after the rendition of the order on which the complaint is based;

      (c) The court finds there is a reasonable likelihood that the applicant will prevail on the merits of the matter and will suffer irreparable injury if injunctive relief is not granted; and

      (d) The applicant files a bond or other undertaking to secure the adverse parties in such manner as the court finds sufficient.

      2.  The decision of the commission on each matter considered shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof is upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.

      3.  If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any public utility pursuant to NRS 704.070 to 704.110, inclusive, [or by any fully regulated carrier pursuant to NRS 706.321 to 706.346, inclusive,] or which otherwise prevents the schedule or any part thereof from taking effect, the public utility [or carrier] complaining may keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.


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ê1997 Statutes of Nevada, Page 1888 (Chapter 482, AB 366)ê

 

keep in effect or put into effect, as the case may be, the suspended schedule or any part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such an amount as the court may fix, conditioned upon the refund to persons entitled to the excess amount if the rate or rates so suspended are finally determined by the court to be excessive.

      Sec. 24.  NRS 703.375 is hereby amended to read as follows:

      703.375  1.  If a court determines that the rate or rates considered by the commission are excessive, and that the public utility [or fully regulated carrier] has collected those excessive rates, the public utility [or carrier] shall compute and refund the excess or overpayment of the rate or rates pursuant to a plan approved by the commission [:

      (a) For public utilities,] within 60 days after the entry of the final judgment of the court.

      [(b) For carriers, within 120 days after the entry of the final judgment of the court.]

      2.  The public utility [or carrier] shall prepare and file with the commission a statement and report in affidavit form stating that all money has been refunded according to the approved plan, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of the refund must be listed in the report. The statement and report must be filed with the commission [:

      (a) By the public utility] within 90 days after the entry of final judgment.

      [(b) By the carrier within 150 days after the entry of final judgment.] The public utility [and the carrier] shall pay the aggregate amount of the unpaid refunds to the commission.

      3.  The commission shall:

      (a) Retain the aggregate refunds in the public [service] utilities commission regulatory fund subject to the claim of each person entitled thereto for his share in the refund; and

      (b) Pay all valid claims which are presented for payment within 2 years after the date of the entry of final judgment of the court.

All claimants must identify themselves to the satisfaction of the commission before payment may be made.

      4.  Any person has a right of action against the commission in the event of a refusal of the commission to pay his claim if the person’s name appears in the report filed by the public utility . [or carrier.] This action against the commission must be brought within 6 months after the refusal to pay the claim.

      5.  The commission shall investigate every case in which a claim is presented to it by a person claiming a refund under a plan submitted by a public utility [or carrier] which was approved by the commission. If the investigation results in a refusal by the public utility [or carrier] to pay a valid claim, then the claimant has a right of action against the public utility . [or carrier.]

      6.  Any unclaimed money which remains in the custody of the commission at the expiration of the 2-year period escheats to the state.


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ê1997 Statutes of Nevada, Page 1889 (Chapter 482, AB 366)ê

 

      Sec. 24.5.  NRS 703.376 is hereby amended to read as follows:

      703.376  [Either] Any party to the action, within 60 days after the service of a copy of the order or judgment of the district court, may appeal to the supreme court as in other civil cases.

      Sec. 25.  NRS 703.377 is hereby amended to read as follows:

      703.377  1.  No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS 704.005 to 704.751, inclusive, [or 706.011 to 706.791, inclusive,] is either a franchise or irrevocable.

      2.  [The commission may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, for a period not to exceed 60 days.

      3.]  Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license, but as to a public utility only if the commission has arranged for another public utility to provide the service for which the certificate was granted. [If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke the certificate, permit or license without a hearing.]

      [4.] 3.  The proceedings thereafter are governed by the provisions of NRS 703.373 to 703.376, inclusive.

      Sec. 26.  NRS 703.380 is hereby amended to read as follows:

      703.380  1.  Unless another penalty is specifically provided, any public utility or any officer, agent or employee of a public utility who:

      (a) Violates any of the provisions of this chapter or chapters 704, 705 [, 708 and 712] and 708 of NRS;

      (b) Violates any rule or regulation of the commission; or

      (c) Fails, neglects or refuses to obey any order of the commission or any order of a court requiring compliance with an order of the commission,

is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.

      2.  The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the commission.

      3.  Subject to the approval of the court, any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.

      4.  Any penalty assessed pursuant to this section is not a cost of service by the public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.


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ê1997 Statutes of Nevada, Page 1890 (Chapter 482, AB 366)ê

 

      Sec. 27.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 63, inclusive, of this act.

      Sec. 28.  As used in sections 28 to 53, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 29 to 38, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 29.  “Aggregation service” means the service of buying electricity and reselling or otherwise providing electricity to a customer.

      Sec. 30.  “Alternative seller” means a seller of any component of electric service, other than a noncompetitive service unless the alternative seller has been designated to provide the noncompetitive service pursuant to section 45 of this act. The term includes an affiliate of a vertically integrated electric utility, but does not include a vertically integrated electric utility.

      Sec. 31.  “Customer” means the retail purchaser of electric service.

      Sec. 32.  “Effective competition” means, with respect to a particular service, a market structure and a process under which an individual seller is not able to influence significantly the price of the service as a result of:

      1.  The number of sellers of the service;

      2.  The size of each seller’s share of the market;

      3.  The ability of the sellers to enter or exit the market; and

      4.  The price and availability of comparable substitutes for the service.

      Sec. 33.  “Electric distribution utility” means a utility that is in the business of supplying noncompetitive electric distribution or transmission service, or both, or a noncompetitive service pursuant to section 45 of this act, on or after July 1, 1999, or the date on which alternative sellers are authorized to provide potentially competitive services to customers in this state, as appropriate.

      Sec. 34.  “Electric service” includes generation service, aggregation service and any other component of electric service provided, as of December 31, 1996, by a vertically integrated electric utility.

      Sec. 35.  “Generation service” means the sale of electricity or capacity from equipment that converts other forms of energy into electricity by the owner of that equipment.

      Sec. 36.  “Noncompetitive service” means any electric service determined by statute or by the commission pursuant to section 39 of this act to be unsuitable for purchase by customers from alternative sellers.

      Sec. 37.  “Potentially competitive service” means a component of electric service determined by the commission to be suitable for purchase by customers from alternative sellers. The term includes any potentially competitive electric service that is deemed to be competitive pursuant to subsection 5 of section 39 of this act.

      Sec. 38.  1.  “Vertically integrated electric utility” means any public utility in the business of supplying electricity or its successor in interest that, as of December 31, 1996:

      (a) Held a certificate of public convenience and necessity issued pursuant to NRS 704.005 to 704.731, inclusive; and

      (b) Had an annual operating revenue of $250,000,000 or more.

      2.  The term does not include a cooperative association or nonprofit corporation or association or other provider of electric service, which is declared to be a public utility pursuant to NRS 704.673 and provides service only to its members.


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ê1997 Statutes of Nevada, Page 1891 (Chapter 482, AB 366)ê

 

declared to be a public utility pursuant to NRS 704.673 and provides service only to its members.

      Sec. 39.  1.  The date upon which customers may begin obtaining generation, aggregation and any other potentially competitive services from an alternative seller must be no later than December 31, 1999, unless the commission determines that a different date is necessary to protect the public interest. If the commission determines that a different date is necessary, the commission shall provide a report to the director of the legislative counsel bureau for transmittal to the legislative commission on utilities by February 1, 1999, which:

      (a) Explains the reason that the commission has not granted such an authorization; and

      (b) States whether the commission will grant such an authorization by December 31, 1999.

      2.  The commission may:

      (a) Establish different dates for the provision of different services by alternative sellers in different geographic areas; and

      (b) Authorize, in gradual phases, the right to buy from alternative sellers.

      3.  The commission shall determine that an electric service is a potentially competitive service if provision of the service by alternative sellers:

      (a) Will not harm any class of customers;

      (b) Will decrease the cost of providing the service to customers in this state or increase the quality or innovation of the service to customers in this state;

      (c) Is a service for which effective competition in the market is likely to develop;

      (d) Will advance the competitive position of this state relative to surrounding states; and

      (e) Will not otherwise jeopardize the safety and reliability of the electric service in this state.

      4.  If the commission determines that a market for a potentially competitive service does not have effective competition, the commission shall, by regulation, establish the method for determining prices for the service and the terms and conditions for providing the service. The regulations must ensure that the pricing method, terms and conditions are just and reasonable and not unduly discriminatory. The regulations may include pricing alternatives which authorize the seller to reduce prices below maximum pricing levels specified by the commission or any other form of alternative pricing which the commission determines to be consistent with the provisions of this subsection. In determining whether a market for an electric service has effective competition, the commission shall:

      (a) Identify the relevant market;

      (b) Identify, where feasible, the alternative sellers that participate and are reasonably expected to participate in the relevant market; and

      (c) Calculate, where feasible, the market share of each participant in the market and evaluate the significance of each share.


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ê1997 Statutes of Nevada, Page 1892 (Chapter 482, AB 366)ê

 

      5.  On or before October 1, 2000, the commission shall submit to the director of the legislative counsel bureau for transmittal to the appropriate legislative committee a report which:

      (a) Evaluates the effectiveness of competition in the market for each service which customers have the right to purchase from alternative sellers; and

      (b) Recommends actions which the legislature should take to increase the effectiveness of competition in the markets for all potentially competitive services.

      6.  On or before October 1, 2001, an electric service that has been found to be potentially competitive shall be deemed to be competitive.

      7.  The commission may reconsider any determination made pursuant to this section upon its own motion or upon a showing of good cause by a party requesting a reconsideration. Upon a finding by the commission that the market for a service previously found not to have effective competition has become effectively competitive, the commission shall repeal the regulations which established the pricing methods and the terms and conditions for providing that service. The commission shall conduct any proceedings for the reconsideration of any such determination as expeditiously as practicable considering the current work load of the commission and the need to protect the public interest.

      8.  A vertically integrated electric utility shall not provide a potentially competitive service except through an affiliate:

      (a) On or after December 31, 1999; or

      (b) The date on which the commission determines that the service is potentially competitive,

whichever is later.

      Sec. 40.  1.  It is unlawful for an alternative seller to sell any electric service to a customer for consumption within this state without having first obtained a license from the commission to do so.

      2.  Not later than January 1, 1999, or any different date as determined by the commission pursuant to section 39 of this act, as appropriate, the commission shall by regulation set forth the procedures and conditions that alternative sellers must satisfy to obtain a license to sell any electric services to a customer in this state, including, but not limited to, procedures and conditions relating to:

      (a) Safety and reliability of service;

      (b) Financial and operational fitness; and

      (c) Billing practices and customer service, including the initiation and termination of service.

      3.  If, after reviewing the application of an alternative seller for a license, the commission finds that the applicant is qualified to be an alternative seller, the commission shall issue a license to the applicant.

      4.  The commission may deny the application of an applicant for a license to operate as an alternative seller and may limit, suspend or revoke a license issued to an alternative seller if the action is necessary to protect the interests of the public or to enforce the provisions of sections 28 to 53, inclusive, of this act or a regulation of the commission.


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ê1997 Statutes of Nevada, Page 1893 (Chapter 482, AB 366)ê

 

      5.  In determining whether an applicant is qualified for a license, whether to deny an application for a license to operate as an alternative seller or whether to limit, suspend or revoke a license issued to an alternative seller, the commission may consider whether the applicant for or holder of the license, or any affiliate thereof, has engaged in any activities which are inconsistent with effective competition.

      6.  A city, county or other local governmental entity or a public utility, or any affiliate thereof, which is authorized to provide electric service within the State of Nevada and which has an annual operating revenue of less than $250,000,000, is subject to the provisions of sections 28 to 53, inclusive, of this act and any regulations adopted by the commission that are in effect on the date on which the city, county or other local governmental entity or public utility, or an affiliate thereof:

      (a) Applies to obtain a license as an alternative seller; or

      (b) Directly or indirectly attempts to provide, or act on behalf of an alternative seller in the provision of, electric service in the territory served by another city, county or other local governmental entity or public utility, or an affiliate thereof, unless the city, county or other local governmental entity or public utility, or an affiliate thereof is otherwise required or permitted by specific statute to provide such service.

      7.  Notwithstanding the provisions of subsection 6, a city, county or other local governmental entity or a public utility, or any affiliate thereof, does not become subject to the provisions of sections 28 to 53, inclusive, of this act, or any regulations adopted pursuant thereto, solely because the city, county or other local governmental entity or a public utility, or any affiliate thereof, provides transmission or distribution services to an alternative seller pursuant to a contract, tariff or requirement of any state or federal law, except that the city, county or other local governmental entity or public utility, or an affiliate thereof, shall provide such transmission and distribution services on an open and nondiscriminatory basis to alternative sellers in accordance with such standards, as the commission may establish by regulation, for the provision of transmission and distribution services in accordance with this subsection.

      8.  Regulations adopted pursuant to subsection 2:

      (a) Must not be unduly burdensome;

      (b) Must not unnecessarily delay or inhibit the initiation and development of competition for any service in any market; and

      (c) May establish different requirements for licensing alternative sellers of:

             (1) Different services; or

             (2) Similar services to different classes of customers,

whenever such different requirements are appropriate to carry out the provisions of sections 28 to 53, inclusive, of this act.

      Sec. 41.  1.  The commission shall prohibit a provider of a noncompetitive service from providing a potentially competitive service, except through an affiliate of the provider.

      2.  The commission shall require each provider of a noncompetitive service that is necessary to the provision of a potentially competitive service to make its facilities or services available to all alternative sellers on equal and nondiscriminatory terms and conditions.


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ê1997 Statutes of Nevada, Page 1894 (Chapter 482, AB 366)ê

 

to make its facilities or services available to all alternative sellers on equal and nondiscriminatory terms and conditions.

      Sec. 42.  1.  The commission shall monitor the markets for electric services affected by sections 28 to 53, inclusive, of this act to identify and prevent activities that are inconsistent with the goals of sections 28 to 53, inclusive, of this act. The commission shall:

      (a) Establish standards of conduct related to activities that are inconsistent with the goals of sections 28 to 53, inclusive, of this act, and establish penalties for such activities and procedures for imposing such penalties; and

      (b) Establish conditions and limitations on the ownership, operation and control of the assets of a provider of an electric service to:

             (1) Prevent activities that are inconsistent with the goals of sections 28 to 53, inclusive, of this act; and

             (2) Ensure the development of effective competition for electric services.

Such conditions and limitations may include, but are not limited to, limitations on the ownership, operation and control of transmission facilities and any generation necessary to the reliable and economic operation of such transmission facilities. In establishing such conditions and limitations, the commission shall take into consideration any financial obligations that a provider of an electric service incurred, as of the date on which customers may begin obtaining potentially competitive services from alternative sellers, to carry out a statutory obligation of a utility.

      2.  Upon a showing of good cause by a party requesting an investigation or upon motion of the commission, the commission shall conduct an investigation of the operation of the relevant markets for any electric service in this state to determine whether those markets are functioning in a manner consistent with the provisions of sections 28 to 53, inclusive, of this act. The investigation must include, without limitation, the effect on the market of:

      (a) Mergers, consolidations or acquisitions of the assets or the securities of providers of electric services;

      (b) The disposition of ownership, operation or control of the assets of providers of electric services;

      (c) Transmission congestion or constraints; and

      (d) Anticompetitive or discriminatory conduct.

      3.  The commission may require an alternative seller, an electric distribution utility or a vertically integrated electric utility to provide information directly related to the provision of electric services by the alternative seller, electric distribution utility or vertically integrated electric utility in this state, including, but not limited to, documents and testimony, in accordance with the regulations of the commission relating to the discovery of information for a provider of electric service.

      4.  If evidence is presented to the commission that anticompetitive or discriminatory conduct, including, but not limited to, the unlawful exercise of market power, is denying customers the benefits of effective competition in a market for electric services, the commission shall:

      (a) Consult with, and transmit such evidence to, the attorney general; and


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ê1997 Statutes of Nevada, Page 1895 (Chapter 482, AB 366)ê

 

      (b) If appropriate, inform, and transmit such evidence to, the United States Department of Justice and any appropriate federal agency.

      5.  Sections 28 to 53, inclusive, of this act must not be construed as exempting alternative sellers and affiliates from any other applicable statute of this state or the United States, relating to consumer and antitrust protections. The exemption provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to conduct of or actions taken by an alternative seller pursuant to sections 28 to 53, inclusive, of this act.

      6.  Nothing in sections 28 to 53, inclusive, of this act requires any person who is or has been aggrieved by the conduct of an alternative seller to seek relief first before the commission.

      Sec. 43.  1.  An affiliate of a provider of a noncompetitive service may provide a potentially competitive service only upon a finding by the commission after a hearing that:

      (a) The provider of the noncompetitive service is in compliance with subsection 2 of section 41 of this act;

      (b) The affiliate will have, with respect to the provision of the electric service, an arm’s length relationship with the entity that provides the noncompetitive service;

      (c) The business or organizational relationship, or both, between the provider of the noncompetitive service and the affiliate providing the potentially competitive service does not interfere with the development of effective competition; and

      (d) The risk of anticompetitive behavior by the provider of the noncompetitive service or the affiliate providing the potentially competitive service, or both, is minimal and the regulatory expenses to prevent the anticompetitive behavior are minimal.

      2.  The commission shall adopt regulations which specify the information which must be submitted and the procedure which will be used to process a request by an affiliate of a provider of a noncompetitive service for authorization to provide a potentially competitive service. The procedure must provide an opportunity for the affiliate to obtain a determination from the commission regarding its request to provide potentially competitive services not later than 6 months before the date on which alternative sellers may begin providing potentially competitive services.

      3.  If the commission determines that an affiliate of a provider of a noncompetitive service cannot provide a potentially competitive service pursuant to the provisions of this section and the provider of the noncompetitive service is a vertically integrated electric utility, the commission shall, pursuant to section 46 of this act, give the vertically integrated electric utility a reasonable opportunity to recover the costs incurred.

      4.  A provider of noncompetitive service and its affiliate which is providing a potentially competitive service in accordance with this section are subject to all applicable statutes of this state and the United States relating to consumer and antitrust protections in the same manner as if the provider and its affiliate were not affiliated.


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ê1997 Statutes of Nevada, Page 1896 (Chapter 482, AB 366)ê

 

      Sec. 44.  1.  An electric distribution utility shall provide all noncompetitive services within its territory unless the commission authorizes another entity to provide the noncompetitive service.

      2.  A noncompetitive service is subject to NRS 704.001 to 704.655, inclusive, 704.701 to 704.751, inclusive, 704.800 to 704.900, inclusive.

      3.  The commission shall adopt regulations for noncompetitive services that allow innovative pricing methods for noncompetitive services upon a finding that the innovative pricing, when compared to pricing of services provided pursuant to subsections 1 and 2, improves the performance of the service or lowers the cost of the service to the customer, or both. The regulations for innovative pricing must specify:

      (a) The provisions that must be included in a plan of innovative pricing;

      (b) The procedures for submitting an innovative plan for pricing to the commission for approval and implementation; and

      (c) Which provisions of this chapter do not apply to pricing changes that are made during the period in which the innovative pricing plan is in effect.

      4.  The commission shall adopt regulations which ensure that a person who owns a transmission or distribution facility, or both, or a facility that provides access to a competitive service shall make the facilities available on equal and nondiscriminatory terms and conditions to all alternative sellers or to the customers of the alternative sellers, or both, as the commission may determine.

      Sec. 45.  1.  The commission shall designate a vertically integrated electric utility to provide electric service to customers who are unable to obtain electric service from an alternative seller or who fail to select an alternative seller. The provider so designated by the commission is obligated to provide electric service to the customers. Electric service provided by the utility pursuant to this section shall be deemed to be a noncompetitive service for which the utility may recover its costs pursuant to NRS 704.001 to 704.655, inclusive, 704.701 to 704.751, inclusive, 704.800 to 704.900, inclusive.

      2.  Upon a finding by the commission that the public interest will be promoted, the commission may prescribe alternate methods for providing electric service to those customers described in subsection 1. The alternate methods may include, but are not limited to, the direct assignment of customers to alternative sellers or electric distribution utilities or a process of competitive bidding for the right to provide electric service to the designated customers.

      3.  The commission shall establish minimum terms and conditions under which electric service must be provided pursuant to this section, including a minimum period during which a customer must be obligated to pay for the electric service from the assigned provider. The price charged for electric service for a particular group of customers must reflect the incremental cost of serving the group.

      4.  If the designated provider of the electric service is a vertically integrated electric utility, the utility shall provide the electric service through an affiliate whose sole business activity is the provision of electric service.


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ê1997 Statutes of Nevada, Page 1897 (Chapter 482, AB 366)ê

 

      5.  Except as otherwise provided in this subsection and subsection 6, the rate charged for residential service provided pursuant to subsection 1 must not exceed the rate charged for that service on July 1, 1997. The limitation set forth in this subsection is effective until 2 years after the date upon which, in accordance with section 39 of this act, the commission repeals the regulations which established the pricing method for that service and the terms and conditions for providing that service.

      6.  The commission may, in accordance with NRS 704.110, 704.120 and 704.130, approve an increase in the rate charged for residential service provided pursuant to subsection 1 in an amount that does not exceed the increase necessitated, if any, to ensure the recovery by the vertically integrated electric utility of its just and reasonable costs. The provisions of this section do not limit or prohibit in any manner the operation of any order issued by the commission before July 1, 1997.

      Sec. 46.  1.  The commission shall determine the recoverable costs associated with assets and obligations that are documented in the accounting records of a vertically integrated electric utility and that are properly allocable to a particular potentially competitive service as of the date on which alternative sellers of similar potentially competitive services begin providing such service to customers in this state. Shareholders of the vertically integrated electric utility must be compensated fully for all such costs determined by the commission. In determining the recoverable costs, the commission shall take into account:

      (a) The extent to which the utility was legally required to incur the costs of the assets and obligations;

      (b) The extent to which the market value of the assets and obligations of the utility, relating to the provision of potentially competitive services, exceeds the costs of the assets and obligations;

      (c) The effectiveness of the efforts of the utility to increase the market value and realize the market value of any assets, and to decrease the costs of any obligations, associated with the provision of potentially competitive services;

      (d) The extent to which the rates previously established by the commission have compensated shareholders for the risk of not recovering the costs of the assets and obligations;

      (e) The effects of the difference between the market value and the cost, including, without limitation, tax considerations, for the assets and obligations; and

      (f) If the utility had the discretion to determine whether to incur or mitigate the costs, the conduct of the utility with respect to the costs of the assets and obligations when compared to other utilities with similar obligations to serve the public.

      2.  For the purposes of this section, the commission may impose a procedure for the direct and unavoidable recovery from ratepayers of the portion of the past costs which are determined by the commission to be owed by the ratepayers. The procedure must include a determination of the period over which the recovery may occur and include the authority for the commission to assess charges on those customers on whose behalf the vertically integrated electric utility incurred costs who are no longer receiving transmission or distribution service, or both, from the vertically integrated electric utility.


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ê1997 Statutes of Nevada, Page 1898 (Chapter 482, AB 366)ê

 

receiving transmission or distribution service, or both, from the vertically integrated electric utility. Such determinations and procedures must not discriminate against a participant in the market.

      Sec. 47.  A vertically integrated electric utility shall take such reasonable steps as are necessary to minimize layoffs and any other adverse effects on the employees of the vertically integrated electric utility that result from the beginning of provision of potentially competitive services by alternative sellers.

      Sec. 48.  1.  The commission shall establish procedures to ensure that a customer of an alternative seller is not switched to another alternative seller without a reliable confirmation of the customer’s intent to make such a change and approval of the specific details of the change.

      2.  The commission shall establish minimum standards for the form and content of all disclosures, explanations or sales information disseminated by a person selling a competitive service to ensure that the person provides adequate, accurate and understandable information about the service which enables a customer to make an informed decision relating to the source and type of electric service purchased. Such standards:

      (a) Must not be unduly burdensome;

      (b) Must not unnecessarily delay or inhibit the initiation and development of competition for any service in any market; and

      (c) May establish different requirements for disclosures, explanations or sales information relating to:

             (1) Different services; or

             (2) Similar services to different classes of customers,

whenever such different requirements are appropriate to carry out the provisions of sections 28 to 53, inclusive, of this act.

      3.  The commission, before the commencement of direct access to alternative sellers for an electric service, shall carry out an educational program for customers to:

      (a) Inform customers of the changes in the provision of electric service, including, but not limited to, the availability of alternative sellers of electric service;

      (b) Inform customers of the requirements relating to disclosures, explanations or sales information for sellers of competitive services; and

      (c) Provide assistance to customers in understanding and using the information to make reasonably informed choices about which service to purchase and from whom to purchase it.

      Sec. 49.  1.  Each vertically integrated electric utility shall submit to the commission, pursuant to a schedule established by the commission, a plan for compliance with the requirements set forth in sections 28 to 53, inclusive, of this act and the applicable regulations. The vertically integrated electric utility shall include with the plan any information the commission needs to:

      (a) Set rates for electric services, including, but not limited to:

             (1) A statement of the costs of the vertically integrated electric utility to provide the service.

             (2) The amount of revenue required by the vertically integrated electric utility.


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ê1997 Statutes of Nevada, Page 1899 (Chapter 482, AB 366)ê

 

      (b) Allocate among customers the costs of service and the requirements for revenues for noncompetitive services.

      (c) Adopt regulations for potentially competitive services if a market is not sufficiently competitive.

      2.  The commission may exempt a vertically integrated electric utility or an alternative seller from the strict application of any provision of this chapter, other than the provisions of sections 28 to 53, inclusive, of this act, upon a determination by the commission that the exemption is necessary to achieve effective competition within the electric industry.

      Sec. 50.  1.  Except as otherwise provided in this section, the Colorado River commission may sell electricity and provide transmission service or distribution service, or both, to meet the existing and future requirements of:

      (a) Any customer that the Colorado River commission on the effective date of this section was serving or had a contract to serve; and

      (b) The Southern Nevada Water Authority,

without being subject to the provisions of sections 28 to 53, inclusive, of this act or to the jurisdiction of the commission.

      2.  The Colorado River commission may sell electricity or provide transmission service or distribution service, or both, to customers whom the Colorado River commission was not serving, or with whom it did not have a contract, on the effective date of this section if the Colorado River commission:

      (a) Obtains a license to act as an alternative seller; and

      (b) Allows its system for transmission and distribution to be utilized by other alternative sellers pursuant to such terms and conditions as may be established by the commission.

      3.  As used in this section, “Southern Nevada Water Authority” has the meaning ascribed to it in NRS 538.041.

      Sec. 51.  1.  The commission shall develop regular forecasts of electric capacity and energy based on the information submitted to the commission pursuant to subsection 3. The forecast must include:

      (a) A description of the facilities needed to meet the future requirements for electric services;

      (b) An evaluation of the extent to which a retail electric service is subject to competition;

      (c) A description of those actions needed to accommodate competition in the provision of potentially competitive services; and

      (d) An evaluation of whether sufficient capacity will be available to customers at a reasonable price and will be selected by customers after the commission has authorized the provision of potentially competitive services by alternative sellers.

      2.  If the commission determines that sufficient capacity will not be available to customers at a reasonable price, the commission may establish equitable obligations for customers, electric distribution utilities or alternative sellers to ensure that sufficient capacity is made available. Any obligation that discriminates against or unduly burdens a customer, an electric distribution utility or an alternative seller is not reasonable and may not be imposed by the commission. The commission may, by regulation, specify those methods and procedures to ensure that sufficient capacity is made available, including competitive solicitations or other method or procedure deemed to be appropriate and necessary by the commission.


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ê1997 Statutes of Nevada, Page 1900 (Chapter 482, AB 366)ê

 

made available, including competitive solicitations or other method or procedure deemed to be appropriate and necessary by the commission.

      3.  Each entity providing a potentially competitive service or a noncompetitive service shall submit to the commission annually, in the format prescribed by the commission, information that the commission determines is necessary to:

      (a) Monitor the development of competition to provide electric services; and

      (b) Ensure the availability of adequate, reliable, efficient and economic electric service.

      Sec. 52.  1.  The commission shall establish portfolio standards for domestic energy that sets forth the minimum percentage of the total electricity sold during each calendar year that must be derived from renewable energy resources. The portfolio standards must:

      (a) Be set at two-tenths of one percent of the total amount of electricity annually consumed by customers in this state as of January 1, 2001.

      (b) Be increased biannually thereafter by two-tenths of one percent of the total annual electric consumption by the customers until the standard reaches a total of 1 percent of the total amount of electricity consumed.

      (c) Be derived from not less than 50 percent renewable energy resources.

      (d) Be derived from not less than 50 percent solar renewable energy systems.

      (e) Be based on renewable energy credits, if applicable.

      2.  Each vertically integrated electric utility and alternative seller that provides electric service in this state shall comply with the portfolio standard established by the commission pursuant to this section. At the end of each calendar year, each vertically integrated electric utility and alternative seller shall submit a report, in a format approved by the commission, of the quantity of renewable energy and credits, if applicable, that the utility or alternative seller generated, purchased, sold and traded to meet the standards of the portfolio.

      3.  In establishing the portfolio pursuant to this section, the commission may establish a system of credits pursuant to which an electric utility and alternative seller may comply with the provisions of this section. A system of credits must provide that:

      (a) Credits are issued for renewable energy resources for each kilowatt hour of energy which it produces; and

      (b) Holders of credits may trade or sell the credits to other parties.

      4.  For the purposes of this section, a vertically integrated electric utility which, on January 1, 1997, has 9 percent of its electricity consumed by its customers served by renewable energy resources shall be deemed to be in compliance until January 1, 2005, with the portfolio standards established by the commission pursuant to this section. Between January 1, 2005, and December 31, 2009, such a vertically integrated electric utility and its affiliated alternative seller, if any, shall reach a total of one-half of 1 percent of the amount of electricity consumed by its customers, in annual increments of one-tenth of 1 percent, in solar energy resources for full compliance with the portfolio standard established by the commission pursuant to this section.


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ê1997 Statutes of Nevada, Page 1901 (Chapter 482, AB 366)ê

 

      5.  The electric utility and alternative seller shall submit a report to the commission that provides information relating to the compliance by the vertically integrated electric utility or alternative seller with the requirements of this section. Such reports must be made at least annually, unless the commission by regulation determines that such reports must be made more frequently than annually, and must include clear and concise information that sets forth:

      (a) If the vertically integrated electric utility installed a renewable energy system during the period for which the report is being made, the date of installation;

      (b) The capacity of renewable energy systems of the vertically integrated electric utility or alternative seller;

      (c) The amount of production of energy from the renewable energy systems;

      (d) The portion of the production of energy that is directly derived from renewable energy resources;

      (e) The quantity of energy from renewable energy systems that is transmitted or distributed, or both, to customers in this state by the vertically integrated electric utility or alternative seller; and

      (f) Such other information that the commission by regulation may deem relevant.

      6.  Nothing in this section applies to:

      (a) Rural electric cooperatives established pursuant to chapter 81 of NRS;

      (b) General improvement districts established pursuant to chapter 318 of NRS; or

      (c) Utilities established pursuant to chapter 709 or 710 of NRS.

      7.  As used in this section:

      (a) “Renewable energy resources” means wind, solar, geothermal and biomass energy resources in this state that are naturally regenerated.

      (b) “Renewable energy system” means an energy system in this state that utilizes renewable energy resources to produce electricity or solar thermal energy systems that reduce the consumption of electricity that was installed and commenced operations after July 1, 1997.

      Sec. 53.  The commission shall prepare a quarterly report for the legislature that assesses the developments in the electric industry in the State of Nevada. The reports must be submitted to the director of the legislative counsel bureau for transmittal to the legislature and must include, but are not limited to, a discussion of:

      1.  Whether there is effective competition for each potentially competitive service;

      2.  The compatibility of direct access for retail customers to alternative sellers with environmental goals;

      3.  The effects of direct access for retail customers to alternative sellers on each class of customers, compared to the noncompetitive regulatory structure;

      4.  The opportunities to cooperate, formally or informally, with other states or the Federal Government in the implementation of effective competition; and


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ê1997 Statutes of Nevada, Page 1902 (Chapter 482, AB 366)ê

 

      5.  Additional legislation necessary to achieve the goals of sections 28 to 53, inclusive, of this act.

      Sec. 54.  1.  The commission shall adopt regulations that require each utility which provides telecommunication services to:

      (a) An elementary or secondary public school; or

      (b) A public library,

to establish discounts in the rates for the telecommunication services that the utility provides to that school or library. The amount of the discount must be determined by the commission in a manner that is consistent with the provisions of 47 U.S.C. § 254.

      2.  The commission shall adopt regulations that require each utility which provides telecommunication services to:

      (a) Public or private nonprofit providers of health care which serve persons in rural areas; or

      (b) Persons with low income and persons in rural, insular and high-cost areas,

to ensure that such providers of health care and persons have access to telecommunication services that are reasonably comparable to those services available in urban areas and that the rates for such services charged by the utility are reasonably comparable to those charged in the urban areas, to the extent required by the provisions of 47 U.S.C. § 254.

      3.  The commission shall adopt regulations which set forth the requirements for eligibility for persons with low income and definitions for rural, insular and high-cost areas.

      4.  Any regulations adopted pursuant to this section must be consistent with the provisions of 47 U.S.C. § 254.

      Secs. 55 and 56.  (Deleted by amendment.)

      Sec. 57.  The commission shall expend up to $500,000 from its reserve account to provide education and informational services necessary to educate and inform the residents in this state on issues related to the provision of competitive utility services in this state. The commission shall contract with an independent person to provide such educational and informational services.

      Sec. 58.  As used in sections 58 to 63, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 58.5, 59 and 60 of this act, have the meanings ascribed to them in those sections.

      Sec. 58.5.  “Alternative seller” means a seller of any competitive, discretionary or potentially component of natural gas service.

      Sec. 59.  “Person” includes a natural person, corporation, partnership, public utility, government, governmental agency and political subdivision of a government.

      Sec. 60.  “Potentially competitive service” means a component of service relating to the provision of natural gas to customers in this state that is determined by the commission to be suitable for purchase by customers from alternative sellers.

      Sec. 61.  1.  Upon the receipt of a specific request for an exemption by a public utility that supplies natural gas, the commission may, to the extent it deems necessary, exempt any service offered by the public utility from the strict application of one or more provisions of this chapter. Such an exemption may be made only upon a determination by the commission, after notice and an opportunity for a hearing, that the service is competitive, discretionary or potentially competitive.


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ê1997 Statutes of Nevada, Page 1903 (Chapter 482, AB 366)ê

 

exemption may be made only upon a determination by the commission, after notice and an opportunity for a hearing, that the service is competitive, discretionary or potentially competitive.

      2.  The commission shall adopt regulations necessary to establish an alternative plan of regulation of a public utility that supplies natural gas and that is otherwise subject to regulation pursuant to the provisions of this chapter. The alternative plan may include, but is not limited to, provisions that:

      (a) Allow adjustment of the rates charged by the public utility during the period in which the utility elects the alternative plan of regulation.

      (b) Specify the provisions of this chapter that do not apply to a public utility which elects to be regulated under the alternative plan.

      (c) Provide for flexibility of pricing for services that are discretionary, competitive or potentially competitive.

      3.  A public utility that elects to be regulated under the alternative plan established pursuant to this section is not subject to the remaining provisions of this chapter to the extent specified pursuant to this section.

      4.  It is unlawful for an alternative seller to sell any service relating to the supply of natural gas to a customer for his consumption within this state without first having obtained a license from the commission to do so.

      Sec. 62.  1.  Not later than January 1, 1999, the commission shall, by regulation, set forth the procedures and conditions that alternative sellers must satisfy before obtaining a license to sell potentially competitive services to customers in this state, including, but not limited to:

      (a) Safety;

      (b) Reliability of service;

      (c) Financial reliability;

      (d) Fitness to serve new customers; and

      (e) Billing practices and customer services including the initiation and termination of service.

      2.  The commission may deny the application of a prospective alternative seller for a license, or may limit, suspend or revoke a license issued to an alternative seller, if the action is necessary to protect the interests of the public or to enforce the provisions of this chapter or a regulation of the commission. In determining whether to take any of those actions, the commission may consider whether the applicant for or holder of such a license, or any affiliate thereof, has engaged in activities which are inconsistent with effective competition.

      Sec. 63.  1.  A customer of natural gas within the service territory of a public utility that supplies natural gas who obtains his own supply of natural gas or capacity on a pipeline from a person other than the public utility for at least 30 continuous days may seek restoration of service from the public utility in accordance with the tariffs filed pursuant to this section.

      2.  A public utility that supplies natural gas shall file a tariff with the commission that states the terms and conditions under which a customer may restore his gas service from the public utility pursuant to this section. The tariff must be reviewed by the commission and must include, without limitation:

      (a) A procedure for reestablishing the gas service;


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ê1997 Statutes of Nevada, Page 1904 (Chapter 482, AB 366)ê

 

      (b) Methods of accounting to be used for identifying and billing actual costs incurred by the public utility for:

             (1) Reestablishing service;

            (2) Obtaining new supplies of gas for the customers; and

             (3) Acquiring and maintaining the necessary capacity for transporting the supplies of gas, if applicable;

      (c) Methodology for determining the costs of administration and overhead costs; and

      (d) Methods of accounting to determine any incremental costs incurred by the public utility to serve the customer or group of customers;

      (e) Procedures for curtailment to be used in establishing priorities of service;

      (f) Procedures that will be available to customers to resolve disputes in billing; and

      (g) The minimum period during which the customer must take the resumed service.

      3.  For the purposes of this section, a public utility may charge its actual cost of obtaining any additional supply of gas to serve the returning customers. The commission shall verify the compliance of a public utility with its tariff filed pursuant to this section.

      Sec. 64.  NRS 704.001 is hereby amended to read as follows:

      704.001  It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      1.  To confer upon the commission the power, and to make it the duty of the commission, to regulate public [utilities;] utilities to the extent of its jurisdiction;

      2.  To provide for fair and impartial regulation of public utilities;

      3.  To provide for the safe, economic, efficient, prudent and reliable operation and service of public utilities; and

      4.  To balance the interests of customers and shareholders of public utilities by providing public utilities with the opportunity to earn a fair return on their investments while providing customers with just and reasonable rates.

      Sec. 65.  NRS 704.010 is hereby amended to read as follows:

      704.010  “Commission” means the public [service] utilities commission of Nevada.

      Sec. 66.  NRS 704.020 is hereby amended to read as follows:

      704.020  1.  “Public utility” or “utility” includes:

      (a) Any person who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether or not they are owned by the railroad.

      (b) Telephone companies and other companies which provide telecommunication or a related service to the public.

      (c) Radio or broadcasting instrumentalities providing common or contract service.

      (d) All companies which own cars of any kind or character, used and operated as a part of railroad trains, in or through this state. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission may supervise and control all such companies and persons to the same extent as railroads.


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

ê1997 Statutes of Nevada, Page 1905 (Chapter 482, AB 366)ê

 

required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission may supervise and control all such companies and persons to the same extent as railroads.

      2.  “Public utility” or “utility” also includes:

      (a) Any person who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

      (b) Any plant or equipment, or any part of a plant or equipment, within [the] this state for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.

      (c) Any system for the distribution of liquefied petroleum gas to 10 or more users.

The commission may supervise, regulate and control all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

      3.  The provisions of this chapter and the term “public utility” apply to [:

      (a) All charges connected with the transportation of persons or property, including icing charges and mileage charges.

      (b) All] all railroads, express companies, car companies, and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this state.

      [(c) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.]

      Sec. 67.  NRS 704.030 is hereby amended to read as follows:

      704.030  “Public utility” or “utility” does not include:

      1.  [Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.

      2.]  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      [3.] 2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this state if:

      (a) They serve 25 persons or less; and


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ê1997 Statutes of Nevada, Page 1906 (Chapter 482, AB 366)ê

 

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $5,000 or less during the immediately preceding 12 months.

      [4.  Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.

      5.] 3.  Persons not [normally] otherwise engaged in the [production and sale of] business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water [is] or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water [,] or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

      [6.] 4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      [7.] 5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

      [8.] 6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      7.  Persons who are licensed as alternative sellers to provide electric services.

      8.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

      Sec. 68.  NRS 704.032 is hereby amended to read as follows:

      704.032  The commission on economic development may participate in proceedings before the public [service] utilities commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the state plan for industrial development and diversification. The commission on economic development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.755, inclusive.

      Sec. 69.  NRS 704.033 is hereby amended to read as follows:

      704.033  1.  The commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission.

      2.  Except as otherwise provided in subsection 3, the annual assessment must be:

      (a) For the use of the commission, not more than 3.50 mills; and

      (b) For the use of the consumer’s advocate [,] of the bureau of consumer protection in the office of the attorney general, not more than 0.75 mills,

on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada, except that the minimum assessment in any 1 year must be $10. The total annual assessment must be not more than 4.25 mills.


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

ê1997 Statutes of Nevada, Page 1907 (Chapter 482, AB 366)ê

 

      3.  For railroads the total annual assessment must be the amount levied for the use of the commission pursuant to paragraph (a) of subsection 2. The levy for the use of the consumer’s advocate must not be assessed against railroads.

      4.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

      (a) Telephone utilities, except as provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues that are considered by the commission for the purpose of establishing rates.

      (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

      (c) All public utilities, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility for resale.

      Sec. 70.  NRS 704.035 is hereby amended to read as follows:

      704.035  1.  On or before June 1 of each year, the commission shall mail revenue report forms to all public utilities under its jurisdiction, to the address of those utilities on file with the commission. The revenue report form serves as notice of the commission’s intent to assess the utilities, but failure to notify any utility does not invalidate the assessment with respect thereto.

      2.  Each public utility subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the commission accompanied by payment of the assessment and any penalty due, pursuant to the provisions of subsection 5.

      3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The assessment computed by the utility is subject to review and audit by the commission, and the amount of the assessment may be adjusted by the commission as a result of the audit and review.

      5.  Any public utility failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a penalty of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no penalty may exceed $1,000 for each delinquent payment.

      6.  When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility continues until it has paid the assessment.

      7.  The commission may bring an appropriate action in its own name for the collection of any assessment and penalty which is not paid as provided in this section.


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ê1997 Statutes of Nevada, Page 1908 (Chapter 482, AB 366)ê

 

      8.  The commission shall, on a quarterly basis, transfer to the account for the consumer’s advocate of the bureau of consumer protection in the office of the attorney general that portion of the assessments collected which belongs to the consumer’s advocate.

      Sec. 71.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 or as otherwise provided by the commission pursuant to NRS 704.095 or 704.097:

      1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate [, fare] or charge, or any new or revised individual or joint regulation or practice affecting any rate [, fare] or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice, but not for more than 150 days beyond the time when the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate [, fare] or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates [, fares] or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates [, fares] or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates [, fares] or charges as is required by this chapter.


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ê1997 Statutes of Nevada, Page 1909 (Chapter 482, AB 366)ê

 

make such order in reference to those rates [, fares] or charges as is required by this chapter.

      4.  After full investigation or hearing, whether completed before or after the date upon which the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, [fare,] charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      5.  Whenever an application is filed by a public utility for an increase in any rate [, fare] or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with the commission’s regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.

      6.  Except as otherwise provided in subsection 7 or in NRS 707.350, whenever a general rate application for an increased rate [, fare] or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another general rate application until all pending general rate applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

      7.  A public utility may not file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale more often than once every 30 days.

      8.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 [or 704.755] and accepted by the commission for acquisition or construction pursuant to NRS 704.751 [or 704.755] and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility. [For the purposes of this subsection, “utility facility” has the meaning ascribed to it in subsections 1, 2 and 3 of NRS 704.860.]

      Sec. 72.  NRS 704.130 is hereby amended to read as follows:

      704.130  1.  All rates, [fares,] charges, classifications and joint rates fixed by the commission are in force, and are prima facie lawful, from the date of the order until changed or modified by the commission, or pursuant to NRS 703.373 to 703.376, inclusive.

      2.  All regulations, practices and service prescribed by the commission must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 703.373 to 703.376, inclusive, or until changed or modified by the commission itself upon satisfactory showing made, or by the public utility by filing a bond pursuant to NRS 703.374.


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

ê1997 Statutes of Nevada, Page 1910 (Chapter 482, AB 366)ê

 

NRS 703.373 to 703.376, inclusive, or until changed or modified by the commission itself upon satisfactory showing made, or by the public utility by filing a bond pursuant to NRS 703.374.

      Secs. 73 and 74.  (Deleted by amendment.)

      Sec. 75.  NRS 704.210 is hereby amended to read as follows:

      704.210  The commission may:

      1.  Adopt necessary and reasonable regulations governing the procedure, administration and enforcement of the provisions of this chapter, subject to the provisions of NRS 416.060.

      2.  Prescribe classifications of the service of all public utilities and, except as otherwise provided in NRS 704.075, fix and regulate the rates therefor.

      3.  Fix just and reasonable charges for transportation of all intrastate freight and passengers [, accommodations in sleeping cars and all matter carried by express companies within the state, for the transportation of messages by telegraph companies,] and the rates and tolls for the use of telephone lines within the state.

      4.  Adopt just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.

      5.  Consider the need for the conservation of energy when acting pursuant to the provisions of subsections 1, 2 and 3.

      Sec. 76.  NRS 704.223 is hereby amended to read as follows:

      704.223  1.  If a business with a new industrial load has been certified by the commission on economic development pursuant to NRS 231.139, the public [service] utilities commission of Nevada may authorize a public utility that furnishes electricity for the business to purchase or transmit a portion of the electricity provided to the business to reduce the overall cost of the electricity to the business. The purchases of electricity may be made by the business with the new industrial load, by agreement between the public utility and the business or by the public utility on behalf of the business, and must be made in accordance with such rates, terms and conditions as are established by the public [service] utilities commission of Nevada.

      2.  If additional facilities are determined by the affected utility to be required as the result of authorization granted pursuant to subsection 1, the facilities must be constructed, owned and operated by the affected utility. The business must agree as a condition to the authorization granted pursuant to subsection 1 to continue its business in operation in Nevada for 30 years. The agreement must require appropriate security for the reimbursement of the utility for the remaining portion of the value of the facilities which has not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.

      3.  Nothing in this section authorizes the Federal Energy Regulatory Commission to order the purchase or transmittal of electricity in the manner described in subsection 1.

      4.  All of the rules, regulations and statutes pertaining to the public [service] utilities commission of Nevada and public utilities apply to actions taken pursuant to this section.


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ê1997 Statutes of Nevada, Page 1911 (Chapter 482, AB 366)ê

 

      5.  Any authorization granted by the public [service] utilities commission of Nevada pursuant to this section must include such terms and conditions as the commission determines are necessary to ensure that the rates or charges assessed to other customers of the public utility do not subsidize the cost of providing service to the business.

      Sec. 77.  NRS 704.275 is hereby amended to read as follows:

      704.275  The commission shall determine whether a hearing must be held when the proposed change by a public utility furnishing telephone service in any schedule stating a new or revised individual or joint rate [, fare] or charge, or any new or revised individual or joint regulation or practice affecting any rate [, fare] or charge, will result in an increase in annual gross revenue as certified by the applicant of $50,000 or 10 percent of the applicant’s gross revenue, whichever is less.

      Sec. 78.  NRS 704.310 is hereby amended to read as follows:

      704.310  1.  Whenever any person, company, corporation or association which is not engaged in business as a public utility as defined by this chapter, and which does not furnish, sell, produce or deliver to others light, heat [, power or water,] or power, under a franchise received from [the] this state or from any county or municipality within [the state, shall be] this state, is able, from any surplus beyond the needs or requirements of its own business, and [shall desire] desires to sell, produce, furnish and deliver to any other person, company, association or corporation any light, heat [, power or water, such] or power, the person, company, association or corporation shall apply to the commission for authority to sell, produce, furnish or deliver any such surplus light, heat [, power or water,] or power, and shall submit to the commission the proposed contract by which such light, heat [, power or water] or power is to be sold, furnished, produced or delivered.

      2.  The commission shall thereupon ascertain whether it is advisable in the public interest that [such] the contract be executed and, if the commission [shall approve such] approves the contract, then [such] the person, company, corporation or association [shall have] has the right to furnish, sell, produce and deliver such light, heat [, power or water] or power in accordance with the terms of [such] the contract, and [shall] does not thereby become a public utility within the meaning of this chapter, nor [shall it be] is it subject to the jurisdiction of the commission.

      Sec. 79.  NRS 704.340 is hereby amended to read as follows:

      704.340  1.  Subject to the provisions of subsection 3, a municipality constructing, leasing, operating or maintaining any public utility or a trust created for the benefit and furtherance of any public function pursuant to the provisions of general or special law, [other than a trust which undertakes to provide transportation by use of a motor vehicle as a common or contract carrier,] is not required to obtain a certificate of public convenience, but any trust so created which undertakes the operation of a public utility shall first submit a certified copy of the trust documents or prepared trust documents to the commission together with a detailed explanation of the purposes, scope, area to be affected and such other pertinent information necessary to assist the commission in making a determination as to whether the service presently being offered by any existing public utility would be unreasonably impaired by the approval of such trust documents.


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ê1997 Statutes of Nevada, Page 1912 (Chapter 482, AB 366)ê

 

the service presently being offered by any existing public utility would be unreasonably impaired by the approval of such trust documents.

      2.  The commission shall, after investigation and hearing on any contemplated trust coming within the provisions of subsection 1, submit a report of its findings and reasons therefor to the state and each political subdivision within which such trust contemplates operation. Such trust [shall] does not become effective unless and until written approval has been given by the commission.

      3.  If a municipality assumes operation and control of a package plant for sewage treatment pursuant to the provisions of NRS 445A.555 or subsection 2 or 3 of NRS 268.4105, the plant is exempt from the jurisdiction of the commission only for the period of time the municipality continues the maintenance and operation of the plant. The certificate of public convenience as it applies to that plant is suspended for that period of time.

      Sec. 80.  NRS 704.640 is hereby amended to read as follows:

      704.640  Any person who:

      1.  Operates any public utility to which NRS 704.005 to 704.751, inclusive, and sections 58 to 63, inclusive, of this act, applies without first obtaining a certificate of public convenience and necessity or in violation of its terms;

      2.  Fails to make any return or report required by NRS 704.005 to 704.751, inclusive, and sections 58 to 63, inclusive, of this act, or by the commission pursuant to NRS 704.005 to 704.751, inclusive [;] and sections 58 to 63, inclusive, of this act;

      3.  Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.751, inclusive [;] and sections 58 to 63, inclusive, of this act;

      4.  Fails to obey any order, decision or regulation of the commission;

      5.  Procures, aids or abets any person in his failure to obey the order, decision or regulation; or

      6.  Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.751, inclusive, and sections 58 to 63, inclusive, of this act,

shall be fined not more than $500.

      Sec. 81.  NRS 704.669 is hereby amended to read as follows:

      704.669  1.  Except as otherwise provided in subsection 2, every corporation or other person who sells geothermal energy to the public is affected with a public interest, is a public utility and is subject to the jurisdiction and control of the commission. The authority of the commission to regulate such persons is limited to the authority granted by this section and NRS 704.033 and 704.035.

      2.  This section does not apply to any corporation or other person described in subsection [6] 4 of NRS 704.030 or to any political subdivision of the state authorized to sell energy to the public.

      3.  The commission shall adopt just and reasonable regulations governing the sale of energy from geothermal resources to the public. The regulations must provide for a system of operating permits which:


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ê1997 Statutes of Nevada, Page 1913 (Chapter 482, AB 366)ê

 

      (a) May not be denied because the area which the applicant proposes to serve is already being served by a gas or electric utility.

      (b) May not convey an exclusive right to supply geothermal energy in the area which the applicant proposes to serve.

      (c) Specify in each case the geographic area in which the applicant reasonably can provide the services authorized in the permit.

      (d) Require the applicant to enter into a contract with each customer served by the utility. The form and scope of the contract must be subject to review and approval of the commission. The contract must specify at least:

             (1) The period of time during which service will be provided. The contract must provide for a period of at least 3 years unless such a provision is expressly waived by the customer.

             (2) The rates or the formula for determining rates to be charged during the term of the contract.

             (3) That the utility will submit to binding arbitration, pursuant to chapter 38 of NRS, matters relating to damages suffered by the customer as a result of a disruption in service and that in any such arbitration, the utility is liable for damages unless it establishes that the disruption was caused by circumstances beyond its control, or another affirmative defense, or establishes that it was not negligent.

      4.  Before issuing an operating permit the commission must find that:

      (a) The applicant is fit, willing and able to provide the services authorized in the permit.

      (b) The applicant has tested the geothermal reservoir to determine whether it appears to be capable of providing sufficient energy to supply the intended uses.

      (c) The system which the applicant intends to use to produce and distribute the heat meets appropriate standards.

      5.  The commission has continuing authority to regulate the utilities described in this section to ensure that each utility adheres to the conditions set forth in its operating permit and that the utility provides adequate services.

      Sec. 82.  NRS 704.755 is hereby amended to read as follows:

      704.755  [1.]  A utility which supplies natural gas in this state shall [, periodically, as] file annually with the commission, in a format prescribed by the commission, [submit to the commission a plan] an informational report which describes:

      [(a)] 1.  The anticipated demand for natural gas made on its system by its customers;

      [(b)] 2.  The estimated cost of supplying natural gas sufficient to meet the demand and the means by which the utility proposes to minimize that cost; [and

      (c)] 3.  The sources of planned acquisitions of natural gas, including an estimate of the cost and quantity of the acquisitions to be made from each source and an assessment of the reliability of the source [.

      2.  The commission shall, by regulation, provide for the procedure and schedule for and the contents and method of preparing, reviewing and approving the plan.


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ê1997 Statutes of Nevada, Page 1914 (Chapter 482, AB 366)ê

 

      3.  The costs of preparing the plan are allowable expenses of the utility for the purpose of establishing rates. The commission may provide for the timely recovery of those costs.

      4.  The application of this section is limited to any public utility in the business of supplying natural gas which has an annual operating revenue in this state of $10,000,000 or more.] ; and

      4.  Significant operational or capital requirements of the utility related to its provision of gas service in this state.

      Sec. 83.  (Deleted by amendment.)

      Sec. 84.  NRS 704.825 is hereby amended to read as follows:

      704.825  1.  The legislature hereby finds and declares that:

      (a) There is at present and will continue to be a growing need for electric, gas and water services which will require the construction of new facilities. It is recognized that such facilities cannot be built without in some way affecting the physical environment where such facilities are located.

      (b) It is essential in the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state which such new facilities might cause.

      (c) Present laws and practices relating to the location of such utility facilities should be strengthened to protect environmental values and to take into account the total cost to society of such facilities.

      (d) Existing provisions of law may not provide adequate opportunity for natural persons, groups interested in conservation and the protection of the environment, state and regional agencies, local governments and other public bodies to participate in [any and all proceedings before the public service commission of Nevada] proceedings regarding the location and construction of major facilities.

      2.  The legislature, therefore, hereby declares that it is the purpose of NRS 704.820 to 704.900, inclusive, to provide a forum for the expeditious resolution of all matters concerning the location and construction of electric, gas and water transmission lines and associated facilities.

      Sec. 85.  NRS 704.850 is hereby amended to read as follows:

      704.850  “Person” includes a natural person, corporation, partnership, public utility, government, [a] governmental agency , [and a] political subdivision of a government [.] and any other entity that seeks to construct a utility facility.

      Sec. 86.  NRS 704.855 is hereby amended to read as follows:

      704.855  1.  “Public utility” or “utility” includes those public utilities defined in NRS 704.020 and not excluded by NRS 704.030 and any oil pipeline carrier described and regulated under chapter 708 of NRS.

      2.  [“Public utility” also includes any corporation which:

      (a) Is a parent or an affiliated corporation of a public utility or a subsidiary of that parent or affiliated corporation; and

      (b) Owns, independently or in combination with any other public utility, a one-third interest in a utility facility.

      3.]  “Public utility” does not include plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.


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ê1997 Statutes of Nevada, Page 1915 (Chapter 482, AB 366)ê

 

      Sec. 87.  NRS 704.860 is hereby amended to read as follows:

      704.860  “Utility facility” means:

      1.  Electric generating plants and their associated facilities [;] , other than plants and their associated facilities that are located in counties whose population is 100,000 or more;

      2.  Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;

      3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;

      4.  Water storage, transmission and treatment facilities [;] , other than facilities for the storage, transmission or treatment of water from mining operations; and

      5.  Sewer transmission and treatment facilities.

      Sec. 88.  NRS 704.870 is hereby amended to read as follows:

      704.870  1.  A [public utility which] person who applies for a permit must file with the commission an application, in such form as the commission prescribes, containing:

      (a) A description of the location and of the utility facility to be built thereon;

      (b) A summary of any studies which have been made of the environmental impact of the facility; and

      (c) [A statement explaining the need for the facility; and

      (d)] A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility . [;

      (e) A summary of the examination of conservation measures and alternative sources of energy which was made before the construction of a facility using fossil fuel; and

      (f) Such other information as the applicant may consider relevant or as the commission may by regulation or order require.]

A copy or copies of the studies referred to in paragraph (b) must be filed with the commission and be available for public inspection.

      2.  [A person who is not a public utility and who applies for a permit must file with the commission an application, in such form as the commission prescribes, containing:

      (a) A description of the location and of the utility facility to be built thereon;

      (b) A summary of any studies which have been made of the environmental impact of the facility; and

      (c) Such other information as the applicant may consider relevant.

      3.]  A copy of the application must be filed with the administrator of the division of environmental protection of the state department of conservation and natural resources.

      [4.] 3.  Each application must be accompanied by:

      (a) Proof of service of a copy of the application on the clerk of each local government in the area in which any portion of the facility is to be located, both as primarily and as alternatively proposed; and


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ê1997 Statutes of Nevada, Page 1916 (Chapter 482, AB 366)ê

 

      (b) Proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice [under] pursuant to paragraph (a) by the publication of a summary of the application in newspapers published and distributed in the area in which the utility facility is proposed to be located.

      Sec. 89.  NRS 704.885 is hereby amended to read as follows:

      704.885  1.  The parties to a permit proceeding include:

      (a) The applicant.

      (b) The division of environmental protection of the state department of conservation and natural resources.

      (c) Each local government entitled to receive service of a copy of the application [under subsection 4] pursuant to subsection 3 of NRS 704.870, if it has filed with the commission a notice of intervention as a party, within [45] 30 days after the date it was served with a copy of the application.

      (d) Any person residing in a local government entitled to receive service of a copy of the application [under subsection 4] pursuant to subsection 3 of NRS 704.870, if such a person has petitioned the commission for leave to intervene as a party within [45] 30 days after the date of the published notice and if the petition has been granted by the commission for good cause shown.

      (e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within [45] 30 days after the date of the published notice.

      2.  Any person may make a limited appearance in the proceeding by filing a statement of position within [45] 30 days after the date of the published notice. A statement filed by a person making a limited appearance becomes part of the record. No person making a limited appearance has the right to present oral testimony or cross-examine witnesses.

      3.  The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (c), (d) or (e) of subsection 1, but who failed to file in a timely manner a notice of intervention, a petition for leave to intervene or a notice of intent to be a party, as the case may be.

      Sec. 90.  NRS 704.890 is hereby amended to read as follows:

      704.890  1.  [The] Within 150 days after a person has filed an application for a permit, the commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission deems appropriate.

      2.  [The] Except as otherwise provided in subsection 6, the commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a [public utility] person unless it finds and determines:

      (a) [The basis for the need of the facility;


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ê1997 Statutes of Nevada, Page 1917 (Chapter 482, AB 366)ê

 

      (b)] The nature of the probable effect on the environment;

      [(c)] (b) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives [, and other pertinent considerations;] ;

      [(d)] (c) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder; and

      [(e)] (d) That the facility will serve the public interest . [; and

      (f) That if the facility or a part thereof is intended to meet the requirements of customers in this state for electricity, it is included in the utility’s plan to increase its supply of electricity or decrease the demands made on its system by its customers.

      3.  The commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, to a person other than a public utility unless it finds and determines:

      (a) The nature of the probable environmental impact; and

      (b) That the location of the facility as proposed conforms to applicable state and local environmental laws and regulations issued thereunder.

      4.] 3.  If the commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification.

      [5.] 4.  A copy of the order and any opinion issued with it must be served upon each party.

      [6.  The commission may require that any person applying for a permit to construct a plant for generating electrical energy offer the energy or capacity of the project to all public utilities in this state which primarily serve retail customers. If the offer is declined, the applicant may export the capacity of the project. If less than 50 percent of the capacity of such a project sold during its first 156 months of commercial operation is sold to public utilities in this state, the applicant shall reoffer the capacity of the project to all public utilities in this state. This reoffer must provide an opportunity to purchase energy or capacity at fair market value and ensure that 50 percent of the total capacity of the project is available to public utilities in this state. Any purchase of energy or capacity as a result of the reoffer is effective 84 months after the execution of the contracts of purchase.]

      5.  The requirements set forth in paragraph (d) of subsection 2 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

      Sec. 91.  NRS 704.891 is hereby amended to read as follows:

      704.891  Any person other than a public utility who receives a permit pursuant to subsection [3] 2 of NRS 704.890 shall, on or before the date on which construction of a utility facility is commenced and on a date no later than 12 months before the scheduled date of commercial operation of that facility, file with the commission reports which contain:

      1.  The location, nature and capacity of that facility;

      2.  The anticipated date for commercial operation of that facility;


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ê1997 Statutes of Nevada, Page 1918 (Chapter 482, AB 366)ê

 

      3.  Information regarding whether any public utility in this state has contracted for the purchase of the capacity or other services of that facility; and

      4.  Information regarding whether any capacity or other services of that facility is available for purchase by public utilities in this state.

      Sec. 92.  NRS 704.950 is hereby amended to read as follows:

      704.950  1.  The tenant of a lot in a mobile home park or occupant of a dwelling in a company town who believes that the landlord or owner has violated the provisions of NRS 704.930, 704.940 or 704.960 may complain to the division of consumer [relations] complaint resolution of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission.

      2.  The commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.

      3.  If the commission finds that the landlord of the mobile home park or owner of the company town has violated the provisions of NRS 704.930, 704.940 or 704.960, it shall order him to cease and desist from any further violation. If the violation involves an overcharge for a service, the commission shall determine the amount of the overcharge and order the landlord or owner to return that amount to the tenant or occupant within a specified time.

      4.  If the landlord or owner fails or refuses to comply with its order, the commission may compel compliance by any appropriate civil remedy available to it under this chapter. For the purposes of compelling compliance by the landlord or owner, the commission may use such methods as are available for the commission to compel the compliance of a public utility.

      Sec. 93.  NRS 704A.180 is hereby amended to read as follows:

      704A.180  1.  Within 15 days after the receipt of the petition, each public utility corporation other than the municipality shall notify the municipality of the petition’s receipt and shall request the municipality to notify the public utility corporation of the basis to be used by the municipality in the apportionment of the costs to be defrayed by special assessments levied against the specially benefited lots within the proposed service district if the facilities of the public utility corporation therein are to be placed underground under this chapter.

      2.  Within 30 days of the receipt by the municipality of each such request, or, if the public utility corporation is the municipality, the petition, the governing body shall state, by resolution, the basis for the apportionment of those costs by assessments against the specially benefited lots, subject to the provisions of subsections 5 and 6 of NRS 704A.240, and shall forthwith cause a certified true copy of the resolution pertaining to each public utility corporation requesting the basis of assessments to be furnished thereto.

      3.  Within 120 days after receipt of the basis for assessments, or, if the public utility corporation is the municipality, after the adoption of the resolution, each public utility corporation serving the area shall:


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ê1997 Statutes of Nevada, Page 1919 (Chapter 482, AB 366)ê

 

      (a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in the area to underground service.

      (b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.

      4.  If a public utility corporation subject to the jurisdiction of the public [service] utilities commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public [service] utilities commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. Nothing in this chapter requires the public [service] utilities commission of Nevada to participate in preparation of the joint report referred to in this section.

      5.  If a public utility corporation is a city or county and if it determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of its governing body, as provided by resolution so state in the joint report and proceed no further toward installation of the proposed service.

      6.  Except for the facilities of each public utility corporation described in subsection 4 or 5, if any, the joint report must:

      (a) Contain an estimate of the costs to be assessed to each lot of real property located within the proposed service district for the construction of new facilities or conversion of facilities within public places.

      (b) Indicate the estimated cost to be assessed to each lot of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot.

      (c) Indicate the estimated cost, if any, to be borne by the public utility corporation for any facilities to be provided by it and which remain its property rather than becoming property of owners of individual lots, as provided by regulations of the public [service] utilities commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any public utility corporation, by any other applicable laws, ordinances, rules or regulations.

      7.  The costs of preparing the joint report must be borne by the public utility corporation or corporations whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event the costs must be included in the costs of the service district.

      Sec. 94.  NRS 704A.240 is hereby amended to read as follows:

      704A.240  1.  At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned the governing body shall give full consideration to all written objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.

      2.  If the governing body determines at the hearing that:

      (a) The requirements for the establishment of a service district have been satisfied;


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ê1997 Statutes of Nevada, Page 1920 (Chapter 482, AB 366)ê

 

      (b) Objections have not been filed in writing by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;

      (c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to NRS 704A.180 is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and

      (d) The proposed service district is a reasonably compact area of reasonable size,

the governing body shall enact an ordinance establishing the area as a service district.

      3.  The ordinance [shall:] must:

      (a) State the costs to be assessed to each lot in the service district, [which shall include] including the appropriate share of all costs referred to in NRS 704A.180 and 704A.210.

      (b) Direct the public utility corporation owning overhead electric or communication facilities within the service district to construct or convert such facilities to underground facilities and, in the case of a public utility corporation other than a city or county, in accordance with standard underground practices and procedures approved by the public [service] utilities commission of Nevada.

      (c) State the method of levying assessments, the number of installments, and the times when the costs assessed will be payable.

      4.  Before enacting an ordinance establishing a service district, the governing body shall exclude by resolution or ordinance any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which territory construction or conversion is not economically or technically feasible.

      5.  The basis for apportioning the assessments:

      (a) [Shall] Must be in proportion to the special benefits derived to each of the several lots comprising the assessable property within the service district; and

      (b) [Shall] Must be on a front foot, area, zone or other equitable basis as determined by the governing body.

      6.  Regardless of the basis used for the apportionment of assessments, in cases of wedge or V or any other irregularly shaped lots, an amount apportioned thereto [shall] must be in proportion to the special benefits thereby derived.

      7.  The assessable property in the service districts consists of the lots specially benefited by the construction or conversion of service facilities, except:

      (a) Any lot owned by the Federal Government in the absence of consent of Congress to its assessment; and

      (b) Any lot owned by the municipality.

      Sec. 95.  NRS 704A.300 is hereby amended to read as follows:

      704A.300  1.  The service facilities within the boundaries of each lot within an underground conversion service district must be placed underground at the same time as or after the underground system in private easements and public places is placed underground.


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ê1997 Statutes of Nevada, Page 1921 (Chapter 482, AB 366)ê

 

easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, but subject to the regulations of the public [service] utilities commission of Nevada in the case of a public utility corporation other than a city or county, and, in the case of any [public] utility corporation, subject to any other applicable laws, ordinances, rules or regulations of the municipality or any other public agency under the police power, convert to underground its facilities on any such lot in the case of:

      (a) An electric public utility, up to the service entrance.

      (b) A communication public utility, to the connection point within the house or structure.

      2.  All costs or expenses of conversion must be included in the costs on which the underground conversion cost for such property is calculated, as provided in this chapter.

      Sec. 96.  NRS 705.210 is hereby amended to read as follows:

      705.210  1.  As used in this section:

      (a) “Employees” means persons actually engaged in or connected with the movement of any train.

      (b) “Railroad” includes all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement or lease.

      2.  The provisions of this section [shall] apply to any common carrier or carriers, their officers, agents and employees engaged in the transportation of passengers or property by railroad in the State of Nevada.

      3.  It [shall be] is unlawful for any common carrier, its officers or agents, subject to this section, to require or permit any employee subject to this section to be or remain on duty for a longer period than 16 consecutive hours, and whenever any such employee of such common carrier [shall have] has been continuously on duty for 16 hours he [shall] must be relieved and not required or permitted again to go on duty until he has had at least 10 consecutive hours off duty. No such employee who has been on duty 16 hours in the aggregate in any 24-hour period [shall] must be required or permitted to continue or again go on duty without having had at least 8 consecutive hours off duty.

      4.  No employee who, by the use of the telegraph or telephone or other electrical device, dispatches, reports, transmits, receives or delivers orders or who from towers, offices, places and stations operates signals or switches or similar mechanical devices controlling, pertaining to, or affecting the movement of trains of more than two cars [shall] must be required or permitted to be or remain on duty in any 24-hour period for a longer period than 8 hours, which [period of 8 hours shall] must be wholly within the limits of a continuous shift and upon the completion of [which period such employee shall] that period the employee must not be required or permitted again to go on duty until the expiration of 16 hours. This subsection [shall] does not apply to employees who , in case of emergency , use the telephone to obtain orders or information governing the movement of trains. In case of emergency, [the employees named in this subsection] such employees may be permitted to be and remain on duty for 4 additional hours in a 24-hour period of not exceeding 3 days in any week.


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such employees may be permitted to be and remain on duty for 4 additional hours in a 24-hour period of not exceeding 3 days in any week.

      5.  Any common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be or remain on duty in violation of subsections 3 and 4 shall be punished by a fine of not more than $500.

      6.  In all prosecutions under this section the common carrier shall be deemed to have had knowledge of all acts of its officers and agents.

      7.  The provisions of this section [shall] do not apply:

      (a) In any case of casualty or unavoidable accident or the act of God.

      (b) Where the delay was the result of a cause not known to the carrier or its officers or agents in charge of such employee at the time the employee left the terminal and which could not have been foreseen.

      (c) To the crews of wrecking or relief trains.

      (d) To railroads not maintaining a regular night train schedule.

      8.  The public [service] utilities commission of Nevada shall:

      (a) Execute and enforce the provisions of this section, and all powers granted by law to the public [service] utilities commission of Nevada are hereby extended to it in the execution of this section.

      (b) Lodge with the proper district attorneys information of any violations of this section which may come to its knowledge.

      Sec. 97.  NRS 705.360 is hereby amended to read as follows:

      705.360  1.  Every company, corporation lessee, manager or receiver, owning or operating a railroad in this state, shall equip, maintain, use and display at night upon each locomotive being operated in road service in this state an electric or other headlight of at least 1,500 candle power, measured without the aid of a reflector. Any electric headlight which will pick up and distinguish a man dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet is deemed the equivalent of a 1,500 candle power headlight measured without the aid of a reflector.

      2.  This section does not apply to:

      (a) Locomotive engines regularly used in switching cars or trains.

      (b) Railroads not maintaining regular night train schedules.

      (c) Locomotives going to or returning from repair shops when ordered in for repairs.

      3.  Any railroad company, or the receiver or lessee thereof, which violates the provisions of this section is liable to the public [service] utilities commission of Nevada for a penalty of not more than $1,000 for each violation.

      Sec. 98.  NRS 705.370 is hereby amended to read as follows:

      705.370  1.  Each railroad company or corporation or its receiver, owning or operating any railroad within this state, shall equip and maintain in each of its passenger trains, cabooses, locomotives, motors or diesel engines used in the propelling of trains or switching of cars an emergency first-aid kit whose contents must be those prescribed by the public [service] utilities commission of Nevada. Each passenger train and each caboose must be equipped with at least one stretcher. All of the contents of the emergency first-aid kits, except the stretchers, must be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which places, including the storage places of stretchers, must be plainly designated.


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ê1997 Statutes of Nevada, Page 1923 (Chapter 482, AB 366)ê

 

container and in an accessible place at all times, which places, including the storage places of stretchers, must be plainly designated.

      2.  The employee of any railroad company or corporation or its receiver, having charge of any passenger train, caboose, locomotive, motor or diesel engine, shall as soon as possible report in writing to the office or officer designated by the company, corporation or receiver for the purpose, whenever any of the emergency first-aid kit has been used or has been found missing. The emergency first-aid kit must only be used to render first medical or surgical aid to injured passengers, employees or other injured persons requiring first aid.

      3.  Any railroad company or corporation or its receiver, which refuses, neglects or fails to comply with the provisions of this section is liable for a penalty to the public [service] utilities commission of Nevada of $25 for each failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first-aid kit specified in subsection 1.

      4.  Any person who removes, carries away from its proper place or uses any emergency first-aid kit provided in this section, except for the purpose of administering first aid in the event of injury to any passenger, employee or other person shall be fined not more than $500.

      Sec. 99.  NRS 705.420 is hereby amended to read as follows:

      705.420  Any railroad company or receiver of any railroad company, and any person engaged in the business of common carrier doing business in the State of Nevada, which violates any of the provisions of NRS 705.390 is liable to the public [service] utilities commission of Nevada for a penalty of $500 for each violation.

      Sec. 100.  NRS 705.421 is hereby amended to read as follows:

      705.421  The department of transportation:

      1.  Shall develop, in conjunction with the public [service] utilities commission of Nevada, a state plan for rail service; and

      2.  May carry out the plan, including projects to:

      (a) Preserve rail lines;

      (b) Rehabilitate rail lines to improve service; and

      (c) Restore or improve freight service on rail lines which are potentially subject to abandonment.

      Secs. 101 and 102.  (Deleted by amendment.)

      Sec. 103.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 104 to 128, inclusive, of this act.

      Sec. 104.  “Authority” means the transportation services authority created pursuant to section 105 of this act.

      Sec. 105.  1.  The transportation services authority is hereby created.

      2.  The authority consists of three members appointed by the governor. After the initial term each member shall serve a term of 4 years.

      3.  The governor shall appoint to the authority members who have at least 2 years of experience in one or more of the following fields:

      (a) Accounting.

      (b) Business administration.

      (c) Economics.

      (d) Administrative law.

      (e) Transportation.


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      (f) Professional engineering.

At least one but not more than two of the members appointed must be residents of Clark County.

      4.  Not more than two of the members may be:

      (a) Members of the same political party.

      (b) From the same field of experience.

      5.  All of the members must be persons who are independent of the industries regulated by the authority. No elected officer of this state or any political subdivision is eligible for appointment.

      6.  The members of the authority shall give their entire time to the business of the authority and shall not pursue any other business or vocation or hold any other office of profit.

      7.  Each member of the authority serves at the pleasure of the governor.

      Sec. 106.  1.  The governor shall designate one of the members of the authority to be chairman. The chairman is the executive officer of the authority and serves at the pleasure of the governor.

      2.  The members of the authority are in the unclassified service of the state.

      Sec. 107.  The authority may sue and be sued in the name of the transportation services authority.

      Sec. 108.  1.  A majority of the members of the authority may exercise all of the power and conduct the business of the authority relating to common or contract carrier, taxicabs, and the warehousing of household goods as provided in this chapter and chapter 712 of NRS.

      2.  Except as otherwise provided in this subsection, public hearings must be conducted by one or more members of the authority. An administrative proceeding conducted pursuant to subsection 2 of NRS 706.771 may be conducted by a hearing officer designated by the chairman of the authority.

      Sec. 109.  1.  Any common or contract carrier subject to the jurisdiction of the authority that elects to maintain its books and records outside the State of Nevada shall, in addition to any other assessment and fees provided for by law, be assessed by the authority for an amount equal to the travel expenses and the excess of the out-of-state subsistence allowances over the in-state subsistence allowances, as fixed by NRS 281.160, of members of the authority and staff, for investigations, inspections and audits required to be performed outside this state.

      2.  The assessments provided for by this section must be determined by the authority upon the completion of each such investigation, inspection, audit or appearance and are due within 30 days after receipt by the affected common or contract carrier of the notice of assessment.

      3.  The records of the authority relating to the additional costs incurred by reason of the necessary additional travel must be open for inspection by the affected common or contract carrier at any time within the 30-day period.

      Sec. 110.  1.  The transportation services authority regulatory fund is hereby created as a special revenue fund. All money collected by the authority pursuant to law must be deposited in the state treasury for credit to the fund.

      2.  Money in the fund may be used only to defray the costs of:


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ê1997 Statutes of Nevada, Page 1925 (Chapter 482, AB 366)ê

 

      (a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the authority.

      (b) Participating in all proceedings relevant to the jurisdiction of the authority.

      (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.

      (d) The salaries, travel expenses and subsistence allowances of the members of the authority.

      3.  All claims against the fund must be paid as other claims against the state are paid.

      4.  The authority must furnish upon request a statement showing the balance remaining in the fund as of the close of the preceding fiscal year.

      Sec. 111.  Employees of the authority who are peace officers may carry firearms in the performance of their duties.

      Sec. 112.  Except as otherwise provided in section 116 of this act, the authority shall make and publish biennial reports showing its proceedings. All biennial reports, records, proceedings, papers and files of the authority must be open at all reasonable times to the public.

      Sec. 113.  1.  Each fully regulated carrier and common or contract carrier regulated by the authority shall:

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the authority by regulation and render them to the authority upon its request.

      (b) Furnish an annual report to the authority in the form and detail that it prescribes by regulation.

      2.  Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  A carrier may, with the permission of the authority, prepare the reports required by this section for a year other than a calendar year that the authority specifies and submit them not later than a date specified by the authority in each year.

      4.  If the authority finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

      Sec. 114.  Every annual report, record or statement required by law to be made to the authority must be submitted under oath by the proper officer, agent or person responsible for submitting the report, record or statement.

      Sec. 115.  1.  Except as otherwise provided in subsection 2, any member of the authority or any officer or employee of the authority who is designated by the authority may examine during the regular business hours the books, accounts, records, minutes, papers and property of any person who is regulated by the authority and who does business in this state, whether or not the book, account, record, minutes, paper or property is located within this state.

      2.  No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the authority determines that the examination is required to protect the interests of the public.


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ê1997 Statutes of Nevada, Page 1926 (Chapter 482, AB 366)ê

 

      3.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.

      Sec. 116.  1.  Any books, accounts, records, minutes, papers and property of any carrier that are subject to examination pursuant to sections 112 and 115 of this act, and are made available to the authority, any officer or employee of the authority, or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the authority first determines that the disclosure is justified.

      2.  The authority shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

      (a) Granting such protective orders as it deems necessary; and

      (b) Holding closed hearings to receive or examine such information.

      3.  If the authority closes a hearing to receive or examine such information, it shall:

      (a) Restrict access to the records and transcripts of such hearings without the prior approval of the authority or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

      (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the authority.

      4.  The authority shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the authority determines the information may be disclosed, the information must become a part of the records available to the public. Information that the authority determines may not be disclosed must be kept under seal.

      Sec. 117.  1.  The authority may collect fees for the filing of any official document required by this chapter or by a regulation of the authority.

      2.  Filing fees may not exceed:

      (a) For applications, $200.

      (b) For petitions seeking affirmative relief, $200.

      (c) For each tariff page that requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.

      (d) For all other documents that require public notice, $10.


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ê1997 Statutes of Nevada, Page 1927 (Chapter 482, AB 366)ê

 

      3.  If an application or other document is rejected by the authority because it is inadequate or inappropriate, the filing fee must be returned.

      4.  The authority may not charge any fee for filing a complaint.

      Sec. 118.  1.  The attorney general shall:

      (a) Act as counsel and attorney for the authority in all actions, proceedings and hearings.

      (b) Prosecute in the name of the transportation services authority all civil actions for the enforcement of this chapter and for the recovery of any penalty or forfeiture provided for therein.

      (c) Generally aid the authority in the performance of its duties and the enforcement of this chapter.

      2.  The attorney general or any district attorney may prosecute any violation of this chapter or chapter 712 of NRS for which a criminal penalty is provided.

      Sec. 119.  The authority may, in carrying out its duties:

      1.  Cooperate with the Federal Government and its departments and agencies.

      2.  Confer with the regulatory agencies of other states on matters of mutual concern and benefit to persons served by motor carriers of this state.

      3.  Use the services, records, facilities and cooperation of federal and state regulatory agencies, and hold joint hearings and participate in joint conferences to reach decisions in matters that require cooperation. All necessary expenses incurred in attending hearings and conferences outside this state are a charge against the state and must be audited and paid as other claims against the state are paid.

      Sec. 120.  1.  When a complaint is made against any fully regulated carrier by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the authority shall investigate the complaint. After receiving the complaint, the authority shall give a copy of it to the carrier or tow car operator against whom the complaint is made. Within a reasonable time thereafter, the carrier or tow car operator shall provide the authority with its written response to the complaint according to the regulations of the authority.

      2.  If the authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in section 120 of this act.

      Sec. 121.  1.  When, in any matter pending before the authority, a hearing is required by law, or is normally required by the authority, the authority shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The authority shall by regulation specify:

      (a) The manner of giving notice; and


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ê1997 Statutes of Nevada, Page 1928 (Chapter 482, AB 366)ê

 

      (b) Where not specified by law, the persons entitled to notice in each type of proceeding.

      2.  Unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the authority a request that the hearing be held, the authority may dispense with a hearing and act upon the matter pending.

      3.  If a request for a hearing is filed, the authority shall give at least 10 days’ notice of the hearing.

      Sec. 122.  1.  A complete record must be kept of all hearings before the authority, and all testimony must be taken down by the stenographer appointed by the authority, or, under the direction of any competent person appointed by the authority, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed and filed with the record in the matter. The authority may by regulation provide for the transcription or safekeeping of sound recordings. The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to section 120 of this act must be paid by the applicant. If a complaint is made pursuant to section 120 of this act by a customer or by a political subdivision of this state or a municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the authority may apportion the costs among them in its discretion.

      2.  Whenever any petition is served upon the authority, before the action is reached for trial, the authority shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

      3.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the authority, and the amount must be the same for all parties.

      4.  The provisions of this section do not prohibit the authority from restricting access to the records and transcripts of a hearing pursuant to subsection 2 of section 116 of this act.

      Sec. 123.  1.  Any party is entitled to an order by the authority for the appearance of witnesses or the production of books, papers and documents containing material testimony.

      2.  Witnesses appearing upon the order of the authority are entitled to the same fees and mileage as witnesses in civil actions in the courts of this state, and the fees and mileage must be paid out of the state treasury in the same manner as other claims against the state are paid. No fees or mileage may be allowed unless the chairman of the authority certifies the correctness of the claim.

      Sec. 124.  The authority may require, by order to be served on any person regulated by the authority in the same manner as a subpoena in a civil action, the production at a time and place designated by the authority of any books, accounts, papers or records kept by the person in any office or place outside this state, or verified copies in lieu thereof if the authority so directs, so that an examination may be made by the authority or under its direction, or for use as testimony.


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      Sec. 125.  Any person who is aggrieved by any action or inaction of the taxicab authority pursuant to NRS 706.8819 is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. The transportation services authority may adopt such regulations as may be necessary to provide for its review of decisions of the taxicab authority.

      Sec. 126.  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

      2.  The authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the authority in writing, the authority may revoke the certificate, permit or license without a hearing.

      4.  The proceedings thereafter are governed by the provisions of chapter 233B of NRS.

      Sec. 127.  (Deleted by amendment.)

      Sec. 128.  1.  A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service must be impounded by the authority if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the authority shall notify the registered owner of the vehicle:

      (a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;

      (b) Of the time set for the hearing; and

      (c) Of his right to be represented by counsel during all phases of the proceedings.

      2.  The authority shall hold the vehicle until the registered owner of the vehicle appears and:

      (a) Proves that he is the registered owner of the vehicle;

      (b) Proves that he holds a valid certificate of public convenience and necessity;

      (c) Proves that the vehicle meets all required standards of the authority; and

      (d) Posts a bond in the amount of $20,000 with the administrator.

The authority shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

      3.  If the registered owner is unable to meet the requirements of paragraphs (b) or (c) of subsection 2, the authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000.


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ê1997 Statutes of Nevada, Page 1930 (Chapter 482, AB 366)ê

 

may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.

      Sec. 129.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.013 to 706.791, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and section 104 of this act, have the meanings ascribed to them in those sections.

      Sec. 130.  NRS 706.031 is hereby amended to read as follows:

      706.031  “Commission” means the public [service] utilities commission of Nevada.

      Sec. 131.  NRS 706.072 is hereby amended to read as follows:

      706.072  “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the [commission] authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the [commission.] authority.

      Sec. 132.  NRS 706.085 is hereby amended to read as follows:

      706.085  “Household goods” means any of the following [:

      1.  Personal] personal effects and property used or to be used in a dwelling which are part of the equipment or supply of the dwelling and such other similar property as the [commission] authority may provide by regulation. The term does not include property moving from a factory or store, except property that the householder has purchased with the intent to use in his dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder.

      [2.  Furniture, fixtures, equipment and the property of stores, offices, museums, institutions, hospitals or other establishments which are part of the stock, equipment or supply of the stores, offices, museums, institutions, hospitals or other establishments and such other similar property as the commission may provide by regulation. The term does not include the stock in trade of any establishment whether cosigner or consignee, other than used furniture and used fixtures, when transported as incidental to moving the establishment, or a portion of the establishment, from one location to another.

      3.  Articles, including objects of art, displays and exhibits, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods and such other similar articles as the commission may provide by regulation. This subsection does not include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.]

      Sec. 133.  NRS 706.151 is hereby amended to read as follows:

      706.151  1.  It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:

      (a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the [commission] authority the power and to make it the duty of the [commission] authority to regulate fully regulated carriers and brokers of regulated services to the extent provided in this chapter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the [commission] authority pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.


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ê1997 Statutes of Nevada, Page 1931 (Chapter 482, AB 366)ê

 

and brokers of regulated services to the extent provided in this chapter and to confer upon the department the power to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the [commission] authority pursuant to it, to relieve the undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon.

      (b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by using license fees, to provide for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.

      (c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation.

      (d) To encourage the establishment and maintenance of reasonable charges for intrastate transportation by fully regulated carriers without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity.

      (e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.

      2.  All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in this section.

      Sec. 134.  NRS 706.153 is hereby amended to read as follows:

      706.153  The provisions of NRS 706.151 to 706.163, inclusive, 706.168, 706.311 to 706.436, inclusive, 706.471, 706.473, 706.475, 706.6411 to 706.749, inclusive, and 706.881 to 706.885, inclusive, and section 128 of this act, do not apply to an operator of a tow car.

      Sec. 135.  NRS 706.156 is hereby amended to read as follows:

      706.156  1.  All common and contract motor carriers and brokers are hereby declared to be, to the extent provided in this chapter:

      (a) Affected with a public interest; and

      (b) Subject to NRS 706.011 to 706.791, inclusive [.] , and sections 104 to 128, inclusive, of this act.

      2.  Fully regulated carriers are subject to the regulation of rates, charges and services by the [commission.] authority.

      3.  A purchaser or broker of transportation services which are provided by a common motor carrier who holds a certificate of public convenience and necessity may resell those services, in combination with other services and facilities that are not related to transportation, but only in a manner complying with the scope of authority set forth in the certificate of the common motor carrier. The [commission] authority shall not prohibit or restrict such a purchaser or broker from reselling those transportation services to any person based upon that person’s affiliation, or lack of affiliation, with any group.


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ê1997 Statutes of Nevada, Page 1932 (Chapter 482, AB 366)ê

 

      Sec. 136.  NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, relating to brokers do not apply to any person whom the [commission] authority determines is:

      1.  A motor club which holds a valid certificate of authority issued by the commissioner of insurance; or

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes.

      Sec. 137.  NRS 706.166 is hereby amended to read as follows:

      706.166  The [commission] authority shall:

      1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate every fully regulated carrier and broker of regulated services in this state in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      2.  [Cooperate with the department in its issuance of permits by performing safety and operational investigations of all persons applying for a permit from the department to transport radioactive waste, and reporting its findings to the department.] Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the [commission] authority or the department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers relating to:

      (a) Fares;

      (b) Rates;

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) Charges, including charges between carriers and compensation paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      5.  Review decisions of the taxicab authority appealed to the authority pursuant to NRS 706.8819.

      Sec. 138.  NRS 706.168 is hereby amended to read as follows:

      706.168  The authority of the [commission] transportation services authority to supervise and regulate motor carriers and brokers respectively, to the extent provided in this chapter, must be exercised separately.


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to the extent provided in this chapter, must be exercised separately. A motor carrier is responsible only for his own acts and those of his employees or agents who are not brokers. A broker is responsible only for his own acts and those of his employees or agents who are not motor carriers.

      Sec. 139.  NRS 706.171 is hereby amended to read as follows:

      706.171  1.  The [commission] authority and the department may:

      (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

      (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.

      (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

      (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. The [commission] authority and the department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

      (e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.

      2.  No personnel records of an employee of a fully regulated carrier, or of any other common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the [commission] authority and the department determine that the examination is required to protect the interests of the public.

      3.  The department may adopt regulations to ensure the payment of any fee due or authorized pursuant to the provisions of this chapter.

      4.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.


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ê1997 Statutes of Nevada, Page 1934 (Chapter 482, AB 366)ê

 

      Sec. 140.  NRS 706.173 is hereby amended to read as follows:

      706.173  1.  The [commission] authority or the department may, by regulation applicable to [all motor vehicles transporting hazardous materials and to] common, contract and private motor carriers of passengers and property, adopt standards for [:

      1.  Safety] safety for drivers and vehicles . [; and]

      2.  The department may, by regulation applicable to all motor vehicles transporting hazardous materials, adopt standards for the transportation of hazardous materials and hazardous waste as defined in NRS 459.430.

      Sec. 141.  (Deleted by amendment.)

      Sec. 142.  NRS 706.176 is hereby amended to read as follows:

      706.176  The [commission may employ one chief inspector and such other inspectors and personnel and incur such other expenses as may be necessary for the efficient administration of this chapter. All such personnel shall perform such duties as may be assigned to them by the commission.] authority may:

      1.  Appoint a deputy who serves in the unclassified service of the state.

      2.  Employ such other personnel as may be necessary.

      Sec. 143.  NRS 706.201 is hereby amended to read as follows:

      706.201  [All] To the extent that such costs cannot be paid for from the transportation services authority regulatory fund, the costs of administration of this chapter [shall] must be paid from the state highway fund on claims presented by the [commission] authority or department, approved by the state board of examiners.

      Sec. 144.  NRS 706.231 is hereby amended to read as follows:

      706.231  Sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this chapter. They shall make arrests for this purpose when requested by an authorized agent of the department, [commission] authority or other competent authority.

      Sec. 145.  NRS 706.246 is hereby amended to read as follows:

      706.246  Except as otherwise provided in NRS 706.235:

      1.  A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation, except as further limited by subsection 2, only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.

      2.  A common or contract motor carrier or private motor carrier shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which:

      (a) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown; and


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      (b) Has been declared “out of service” by an authorized employee of the [commission] authority or the department.

When the repairs have been made, the carrier shall so certify to the [commission] authority or the department, whichever agency declared the vehicle “out of service,” as required by the [commission] authority or the department.

      Sec. 146.  NRS 706.251 is hereby amended to read as follows:

      706.251  1.  Every person operating a vehicle used by any motor carrier under the jurisdiction of the [commission] authority shall forthwith report each accident occurring on the public highway, wherein the vehicle may have injured the person or property of some person other than the person or property carried by the vehicle, to the sheriff or other peace officer of the county where the accident occurred. If the accident immediately or proximately causes death, the person in charge of the vehicle, or any officer investigating the accident, shall furnish to the [commission] authority such detailed report thereof as required by the [commission.] authority.

      2.  All accident reports required in this section must be filed in the office of the [commission] authority and there preserved. An accident report made as required by this chapter, or any report of the [commission] authority made pursuant to any accident investigation made by it, is not open to public inspection and must not be disclosed to any person, except upon order of the [commission.] authority. The reports must not be admitted as evidence or used for any purpose in any action for damages growing out of any matter mentioned in the accident report or report of any such investigation.

      Sec. 147.  NRS 706.256 is hereby amended to read as follows:

      706.256  The [commission] authority may, in the interest of safety or service, after hearing:

      1.  Determine and order repairs of facilities of common and contract motor carriers; and

      2.  Order the use of safety appliances by such carriers in the interest of the public and employees.

      Sec. 148.  NRS 706.266 is hereby amended to read as follows:

      706.266  It is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate commerce within this state without having furnished the [commission] authority the following:

      1.  Where a person does not hold a certificate of public convenience and necessity or a permit to operate as a common or contract motor carrier in the State of Nevada, an affidavit certifying that the person intends to operate as a private carrier.

      2.  Such other information as the [commission] authority may request.

      Sec. 149.  NRS 706.281 is hereby amended to read as follows:

      706.281  1.  In addition to any identifying device provided for in this chapter, each motor vehicle within the provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, must have the name of the person or operator operating the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the [commission.] authority. The display shall not be deemed advertising for the purposes of NRS 706.285 unless additional information about the operator is included.


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display shall not be deemed advertising for the purposes of NRS 706.285 unless additional information about the operator is included.

      2.  This section does not apply to motor vehicles:

      (a) Weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.

      (b) Operated by an employer for the transportation of his employees, whether or not the employees pay for the transportation.

      Sec. 150.  NRS 706.285 is hereby amended to read as follows:

      706.285  All advertising by a fully regulated carrier of intrastate commerce must include the number of the certificate of public convenience and necessity or contract carrier’s permit issued to him by the [commission.] authority.

      Sec. 151.  NRS 706.291 is hereby amended to read as follows:

      706.291  1.  The [commission] authority shall require every fully regulated carrier and every operator of a tow car, within such time and in such amounts as the [commission] authority may designate, to file with the [commission] authority in a form required and approved by the [commission] authority a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety company, or other surety, in such reasonable sum as the [commission] authority may deem necessary to protect adequately the interests of the public.

      2.  The department shall require every other common and contract motor carrier and every private carrier, within such time and in such amounts as the department may designate, to file with the department in a form required and approved by the department a liability insurance policy, or a certificate of insurance in lieu thereof, a bond of a surety company, or other surety, in such reasonable sum as the department may deem necessary to protect adequately the interests of the public. In determining the amount of liability insurance or other surety required of a carrier pursuant to this subsection, the department shall create a separate category for vehicles with a manufacturer’s gross vehicle weight rating of less than 26,00 pounds and impose a lesser requirement with respect to such vehicles.

      3.  The liability insurance policy or certificate, policy or bond of a surety company or other surety must bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of the carrier.

      4.  The [commission] authority and the department may jointly prescribe by regulation the respective amounts and forms required by subsections 1 and 2.

      Sec. 152.  NRS 706.296 is hereby amended to read as follows:

      706.296  Every common and contract motor carrier who engages in transportation intrastate and the collection of the purchase price of goods sold by the shipper to the consignee shall provide a bond, to be filed with the [commission,] authority, for the benefit of the shipper in an amount which the [commission] authority deems reasonably sufficient as an aggregate but not to exceed $1,000, to insure the shipper against any loss of the moneys so collected by the carrier through misappropriation, negligence or other defalcations.


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ê1997 Statutes of Nevada, Page 1937 (Chapter 482, AB 366)ê

 

      Sec. 153.  NRS 706.303 is hereby amended to read as follows:

      706.303  The [commission] authority shall adopt regulations requiring all operators of horse-drawn vehicles subject to its regulation and supervision to maintain a contract of insurance against liability for injury to persons and damage to property for each such vehicle. The amounts of coverage required by the regulations:

      1.  Must not exceed a total of:

      (a) For bodily injury to or the death of one person in any one accident, $250,000;

      (b) Subject to the limitations of paragraph (a), for bodily injury to or death of two or more persons in any one accident, $500,000; and

      (c) For injury to or destruction of property in any one accident, $50,000; or

      2.  Must not exceed a combined single-limit for bodily injury to one or more persons and for injury to or destruction of property in any one accident, $500,000.

      Sec. 154.  (Deleted by amendment.)

      Sec. 155.  NRS 706.321 is hereby amended to read as follows:

      706.321  1.  Every common or contract motor carrier shall file with the [commission:] authority:

      (a) Within a time to be fixed by the [commission,] authority, schedules and tariffs which must be open to public inspection, showing all rates, fares and charges which the carrier has established and which are in force at the time for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) As a part of that schedule, all regulations that in any manner affect the rates or fares charged or to be charged for any service.

      2.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the [commission,] authority, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The [commission,] authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the [commission] authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the [commission.] authority.

      3.  The [commission] authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services, and, after hearing, by order, make such changes as may be just and reasonable.

      4.  The [commission] authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service.

      5.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the [commission] authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the [commission,] authority, or pursuant to [NRS 703.373 to 703.376, inclusive.] section 125 of this act.


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ê1997 Statutes of Nevada, Page 1938 (Chapter 482, AB 366)ê

 

      6.  All regulations, practices and service prescribed by the [commission] authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, [pursuant to the provisions of NRS 703.373 to 703.376, inclusive,] or until changed or modified by the [commission] authority itself upon satisfactory showing made.

      Sec. 156.  NRS 706.323 is hereby amended to read as follows:

      706.323  1.  Except as provided in subsection 2, the [commission] authority may not investigate, suspend, revise or revoke any rate proposed by a common motor carrier or contract motor carrier because the rate is too high or too low and therefore unreasonable if:

      (a) The motor carrier notifies the [commission] authority that it wishes to have the rate reviewed by the [commission] authority pursuant to this subsection; and

      (b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.

      2.  This section does not limit the [commission’s] authority of the transportation services authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.

      Sec. 157.  NRS 706.326 is hereby amended to read as follows:

      706.326  1.  Whenever there is filed with the [commission] authority any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the [commission] authority may enter upon an investigation or, upon reasonable notice, enter upon a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the [commission,] authority, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule or tariff and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the [commission] authority may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      4.  The [commission] authority shall determine whether a hearing [shall] must be held to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge.


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ê1997 Statutes of Nevada, Page 1939 (Chapter 482, AB 366)ê

 

or revised individual or joint rate, fare or charge. In making that determination , the [commission] authority shall consider all timely written protests, any presentation the staff of the [commission] authority may desire to present, the application and any other matters deemed relevant by the [commission.] authority.

      Sec. 158.  NRS 706.331 is hereby amended to read as follows:

      706.331  1.  If, after due investigation and hearing, any authorized rates, tolls, fares, charges, schedules, tariffs, joint rates or any regulation, measurement, practice, act or service complained of is found to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the [commission] authority may substitute therefor such other rates, tolls, fares, charges, tariffs, schedules or regulations, measurements, practices, service or acts and make an order relating thereto as may be just and reasonable.

      2.  When complaint is made of more than one matter, the [commission] authority may order separate hearings upon the several matters complained of at such times and places as it may prescribe.

      3.  No complaint may at any time be dismissed because of the absence of direct damage to the complainant.

      4.  The [commission] authority may at any time, upon its own motion, investigate any of the matters listed in subsection 1, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      Sec. 159.  NRS 706.341 is hereby amended to read as follows:

      706.341  [No] A common motor carrier authorized to operate by NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, shall not discontinue any service established under the provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, and all other laws relating thereto and made applicable thereto by NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, without an order of the [commission] authority granted only after public notice or hearing in the event of protest.

      Sec. 160.  NRS 706.346 is hereby amended to read as follows:

      706.346  1.  A copy, or so much of the schedule or tariff as the [commission] authority determines necessary for the use of the public, [shall] must be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.

      2.  When a schedule or tariff of joint rates or charges is or may be in force between two or more of such carriers or between any such carrier and a public utility, such schedule or tariff shall be printed and posted in like manner.

      Sec. 161.  NRS 706.351 is hereby amended to read as follows:

      706.351  1.  It is unlawful for:

      (a) A fully regulated carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.


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ê1997 Statutes of Nevada, Page 1940 (Chapter 482, AB 366)ê

 

officer of this state or to any person other than those specifically enumerated in this section.

      (b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.

      2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.

      3.  This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:

      (a) Its own officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by it, and members of their families.

      (b) Inmates of hospitals or charitable institutions and persons over 60 years of age.

      (c) Persons who are physically handicapped or mentally handicapped and who present a written statement from a physician to that effect.

      (d) Persons injured in accidents or wrecks and physicians and nurses attending such persons.

      (e) Persons providing relief in cases of common disaster.

      (f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.

      (g) Officers, agents, employees or members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.

      (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.

      (i) Students of institutions of learning.

      (j) Groups of persons participating in a tour for a purpose other than transportation.

      4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

      (a) Their officers, commission agents or employees, or members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.

      (b) Witnesses attending any legal investigations in which such carriers are interested.

      (c) Persons providing relief in cases of common disaster.

      (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this state.

      5.  This section does not prohibit the [commission] authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the [commission] authority to be in the public interest.


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ê1997 Statutes of Nevada, Page 1941 (Chapter 482, AB 366)ê

 

      6.  Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.

      7.  As used in this section, “employees” includes:

      (a) Furloughed, pensioned and superannuated employees.

      (b) Persons who have become disabled or infirm in the service of such carriers.

      (c) Persons who are traveling to enter the service of such a carrier.

      Sec. 162.  NRS 706.371 is hereby amended to read as follows:

      706.371  The [commission] authority may regulate and fix the maximum number of contracts and the minimum carrying charges of all intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates, charges and services of common motor carriers.

      Sec. 163.  NRS 706.386 is hereby amended to read as follows:

      706.386  It is unlawful, except as provided in NRS 373.117 and 706.745, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce within this state without first obtaining a certificate of public convenience and necessity from the [commission.] authority.

      Sec. 164.  NRS 706.391 is hereby amended to read as follows:

      706.391  1.  Upon the filing of an application for a certificate of public convenience and necessity to operate as a motor carrier, the [commission] authority shall fix a time and place for hearing thereon.

      2.  The [commission] authority shall issue such a certificate if it finds that:

      (a) The applicant is fit, willing and able to perform the services of a common motor carrier;

      (b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;

      (c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and

      (d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.

      3.  The [commission] authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.

      4.  An applicant for such a certificate has the burden of proving to the [commission] authority that the proposed operation will meet the requirements of subsection 2.

      5.  The [commission] authority may issue a certificate of public convenience and necessity to operate as a common motor carrier, or issue it for:

      (a) The exercise of the privilege sought.

      (b) The partial exercise of the privilege sought.


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ê1997 Statutes of Nevada, Page 1942 (Chapter 482, AB 366)ê

 

      6.  The [commission] authority may attach to the certificate such terms and conditions as, in its judgment, the public interest may require.

      7.  The [commission] authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no petition to intervene has been filed on behalf of any person who has filed a protest against the granting of the certificate.

      Sec. 165.  NRS 706.396 is hereby amended to read as follows:

      706.396  Any person who, after hearing, has been denied a certificate of public convenience and necessity to operate as a carrier must not be permitted again to file a similar application with the [commission] authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days after the date the certificate of public convenience and necessity was denied.

      Sec. 166.  NRS 706.398 is hereby amended to read as follows:

      706.398  The [commission:] authority:

      1.  Shall revoke or suspend, pursuant to the provisions of this chapter, the certificate of public convenience and necessity of a common motor carrier which has failed to:

      (a) File the annual report required by [NRS 703.191] section 113 of this act within 60 days after the report is due; or

      (b) Operate as a carrier of intrastate commerce in this state under the terms and conditions of its certificate,

unless the carrier has obtained the prior permission of the [commission.] authority.

      2.  May revoke or suspend, pursuant to the provisions of [NRS 703.377,] section 126 of this act, the certificate of public convenience and necessity of a common motor carrier which has failed to comply with any provision of this chapter or any regulation of the [commission] authority adopted pursuant thereto.

      Sec. 167.  NRS 706.411 is hereby amended to read as follows:

      706.411  Every order refusing or granting any certificates of public convenience and necessity, or granting or refusing permission to discontinue, modify or restrict service is prima facie lawful from the date of the order until changed or modified by the order of the [commission or] authority pursuant to [NRS 703.373 to 703.376, inclusive.] the provisions of this chapter.

      Sec. 168.  NRS 706.426 is hereby amended to read as follows:

      706.426  An application for a permit for a new operation as a contract motor carrier shall be:

      1.  Made to the [commission] authority in writing.

      2.  In such form and be accompanied by such information as the [commission] authority may require.

      Sec. 169.  NRS 706.431 is hereby amended to read as follows:

      706.431  1.  A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:

      (a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, and the regulations adopted thereunder; and

 


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to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, and the regulations adopted thereunder; and

      (b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.

      2.  An application must be denied if the provisions of subsection 1 are not met.

      3.  The [commission] authority shall revoke or suspend pursuant to the provisions of this chapter [703 of NRS] the permit of a contract motor carrier who has failed to file the annual report required in [NRS 703.191] section 113 of this act within 60 days after the report is due.

      4.  The [commission] authority shall adopt regulations providing for a procedure by which any contract entered into by a contract motor carrier after he has been issued a permit pursuant to this section may be approved by the [commission] authority without giving notice required by statute or by a regulation of the [commission.] authority.

      Sec. 170.  NRS 706.436 is hereby amended to read as follows:

      706.436  Any person who has been denied a permit to act as a contract motor carrier after hearing [shall not be permitted again to] may not file a similar application with the [commission] authority covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of 180 days after the date the permit was denied.

      Sec. 171.  NRS 706.442 is hereby amended to read as follows:

      706.442  Any person engaging in the intrastate transportation or storage of household goods shall comply with the following requirements:

      1.  [A person requesting service must be provided] Upon the request of a person seeking service, the carrier of household goods shall provide the person with a written, binding estimate of the cost of providing the requested service . [at least 1 business day before the date on which the service is to be provided, unless the request for service is not made in time to meet the requirement.]

      2.  The charges assessed for the service rendered may not exceed the amount in the written estimate, unless the customer requested services in addition to those included in the written estimate and agreed to pay additional charges.

      3.  If the person for whom service was provided pays any amount consistent with the provisions of subsection 2, the provider of service shall release immediately any household goods that were transported or stored to that person.

      4.  If a person requesting service alleges that any household goods were damaged or lost, the person that provided the service shall:

      (a) Attempt to resolve the dispute; and

      (b) Identify the carrier of his insurance and explain the procedures to file a claim.

      5.  The provider of service shall advise all persons for whom service is to be performed of their right to file a complaint with the [commission] authority and provide the address and telephone number of the nearest business office of the [commission.] authority.


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      6.  Any other terms and conditions which the [commission] authority may by regulation prescribe to protect the public.

      Sec. 172.  NRS 706.443 is hereby amended to read as follows:

      706.443  1.  The provisions of NRS 706.442 apply whether or not the person providing the service has received authority to operate from the [commission.] authority.

      2.  The [commission] authority shall enforce the provisions of NRS 706.442 and consider complaints regarding violations of the provisions of that section pursuant to the provisions of [NRS 703.290, 703.300, 703.310 and 703.373 to 703.376, inclusive.] this chapter. In addition to any other remedies, the [commission] authority may order the release of any household goods that are being held by the provider of service subject to the terms and conditions that the [commission] authority determines to be appropriate and may order the refund of overcharges.

      3.  The [commission] authority may use the remedies provided in NRS [703.195,] 706.457, 706.461, 706.756, 706.761, 706.771 and 706.779 and any other remedy available under other law.

      4.  The [commission] authority shall adopt regulations regarding the administration and enforcement of this section and NRS 706.442.

      Sec. 173.  NRS 706.446 is hereby amended to read as follows:

      706.446  1.  Any person who was engaged in the transportation of vehicles by the use of a tow car with an unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who held himself out for hire for such towing, must be granted a certificate of public convenience and necessity if an application therefor:

      (a) Is made within 90 days after July 1, 1971;

      (b) Is accompanied by a filing fee of $25; and

      (c) Contains satisfactory evidence of a lawful nature and scope of the applicant’s operation existing on or before January 1, 1971.

      2.  Before issuing any certificate of public convenience and necessity for the transportation of vehicles by tow car, the [commission] authority shall set the rate levels and storage charges under which such operation may be conducted, but the [commission] authority is not precluded from establishing rate areas.

      3.  When issued, a certificate of public convenience and necessity must authorize the recipient to operate within the territory which the applicant substantiates by documentation between January 1, 1968, and January 1, 1971.

      4.  Any person who on July 1, 1971, holds a valid certificate of public convenience and necessity issued by the commission for the operation of a tow car with an unladen weight of 9,000 pounds or more must be granted the authority to operate a tow car with an unladen weight of less than 9,000 pounds within the territory substantiated pursuant to subsection 3, but in no event less than the territory set forth in such certificate of public convenience and necessity.

      5.  The provisions of this chapter do not require an operator of a tow car who provides towing for a licensed motor club regulated pursuant to chapter 696A of NRS to obtain a certificate of public convenience and necessity or to comply with the regulations or rates adopted by the [commission] authority to provide that towing.


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to comply with the regulations or rates adopted by the [commission] authority to provide that towing.

      Sec. 174.  NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of operation from the [commission] authority before he provides any services other than those services which he provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the other requirements of NRS 706.153 and 706.4463 to 706.4479, inclusive.

      2.  The [commission] authority shall issue a certificate of operation to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the [commission] authority pursuant to the provisions of this chapter; and

      (c) Has provided evidence that he has filed with the [commission] authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291.

      Sec. 175.  NRS 706.447 is hereby amended to read as follows:

      706.447  Each person who holds a certificate of public convenience and necessity for transportation of vehicles by use of a tow car and is required by regulation of the [commission] authority to maintain a policy of cargo insurance may, in lieu of maintaining the policy of insurance, deposit with the state treasurer, under terms which the [commission] authority prescribes:

      1.  An amount of lawful money of the United States fixed by the [commission] authority or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value fixed by the [commission;] authority; or

      2.  A savings certificate issued by a bank or savings and loan association in Nevada which indicates an amount at least equal to the amount fixed by the [commission] authority and which states that the amount is unavailable for withdrawal except on order of the [commission.] authority. Interest earned on the deposit accrues to the holder of the certificate.

      Sec. 176.  NRS 706.4473 is hereby amended to read as follows:

      706.4473  The operator shall inform each owner, or agent of the owner, of a towed motor vehicle that the owner or agent may file a complaint with the [commission] authority regarding any violation of the provisions of this chapter.

      Sec. 177.  NRS 706.448 is hereby amended to read as follows:

      706.448  1.  Subject to the provisions of subsection 2, any person holding a certificate of public convenience and necessity for transportation of vehicles by use of a tow car on July 1, 1973, and who, within 90 days after July 1, 1973, files an application with the commission [shall] must be granted a certificate of public convenience and necessity for transportation of vehicles by use of:

 


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granted a certificate of public convenience and necessity for transportation of vehicles by use of:

      (a) A motorcycle trailer; or

      (b) Any other vehicle which is not a tow car.

      2.  The certificate of public convenience and necessity issued under the provisions of paragraph (b) of subsection 1 shall provide that if any vehicle is so disabled or so constructed that it cannot be towed by a tow car, the tow car operator may transport the vehicle with a vehicle other than a tow car from the point of disablement to a single destination and may make an appropriate charge, as determined by the [commission,] authority, for the use of such vehicle.

      Sec. 178.  NRS 706.4483 is hereby amended to read as follows:

      706.4483  1.  The [commission] authority shall act upon complaints regarding the failure of an operator to comply with the provisions of NRS 706.153 and 706.4463 to 706.4485, inclusive.

      2.  In addition to any other remedies that may be available to the [commission] authority to act upon complaints, the [commission] authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the [commission] authority determines to be appropriate.

      Sec. 179.  NRS 706.4485 is hereby amended to read as follows:

      706.4485  A law enforcement agency that maintains and utilizes a list of operators of tow cars which are called by that agency to provide towing shall not include an operator on the list unless he:

      1.  Holds a certificate to provide towing issued by the [commission.] authority.

      2.  Agrees to comply with all applicable provisions of [chapters 482, 484 and 706 of NRS.] this chapter and chapters 482 and 484 of NRS.

      3.  Agrees to respond in a timely manner to requests for towing made by the agency.

      4.  Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.

      5.  Meets such other standards as the law enforcement agency may adopt to protect the health, safety and welfare of the public.

      Sec. 180.  NRS 706.449 is hereby amended to read as follows:

      706.449  The [commission] authority may impose an administrative fine pursuant to subsection 2 of NRS 706.771 on the owner or operator of a tow car who fails to pay in a timely manner any charge required to be paid by subsection 2 of NRS 484.631.

      Sec. 181.  NRS 706.451 is hereby amended to read as follows:

      706.451  1.  Each owner or operator of a tow car subject to the jurisdiction of the [commission] authority shall, before commencing to operate or continuing operation after July 1, 1971, and annually thereafter, pay to the [commission] authority for each tow car operated, a fee of not more than $36.

      2.  The fee provided in this section must be paid on or before January 1 of each year.

      3.  The initial fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year before July 1, 1971, for those tow cars lawfully operating on that date or before the commencement of operation of each tow car commencing operation after July 1, 1971.


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those tow cars lawfully operating on that date or before the commencement of operation of each tow car commencing operation after July 1, 1971.

      4.  Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.

      Sec. 182.  NRS 706.457 is hereby amended to read as follows:

      706.457  The [commission] authority may by subpoena require any person believed by it to be subject to any of the provisions of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, who has not obtained a required certificate of public convenience and necessity or a required permit issued in accordance with those sections, to appear before it with all of his relevant books, papers and records and to testify concerning the scope, nature and conduct of his business.

      Sec. 183.  NRS 706.458 is hereby amended to read as follows:

      706.458  1.  The district court in and for the county in which any investigation or hearing is being conducted by the [commission] authority pursuant to the provisions of this chapter may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the [commission.] authority.

      2.  If any witness refuses to attend or testify or produce any papers required by such subpoena the [commission] authority may report to the district court in and for the county in which the investigation or hearing is pending by petition, setting forth:

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

      (b) That the witness has been subpoenaed in the manner prescribed in this chapter; and

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

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

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

      Sec. 184.  NRS 706.461 is hereby amended to read as follows:

      706.461  When:

      1.  A complaint has been filed with the [commission] authority alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier’s permit as required by NRS 706.011 to 706.791, inclusive [;] , and sections 104 to 128, inclusive, of this act; or

 


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and necessity or contract carrier’s permit as required by NRS 706.011 to 706.791, inclusive [;] , and sections 104 to 128, inclusive, of this act; or

      2.  The [commission] authority has reason to believe that any:

      (a) Person is advertising to provide the services of a fully regulated carrier in intrastate commerce without including the number of his certificate of public convenience and necessity or permit in each advertisement; or

      (b) Provision of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, is being violated,

the [commission] authority shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive [. The commission] , and sections 104 to 128, inclusive, of this act. The authority shall enforce compliance with the order under the powers vested in the [commission] authority by NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, or by other law.

      Sec. 185.  NRS 706.471 is hereby amended to read as follows:

      706.471  1.  Each taxicab motor carrier shall, before commencing the operation defined in NRS 706.126 and annually thereafter, pay to the [commission] authority for each taxicab which it operates, including each taxicab it leases pursuant to NRS 706.473, a fee of not more than $75 as determined by a regulation of the [commission.] authority.

      2.  The fee provided in this section must be paid on or before January 1 of each year.

      3.  The initial fee must be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.

      4.  Any person who fails to pay any fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.

      Sec. 186.  NRS 706.473 is hereby amended to read as follows:

      706.473  1.  In a county whose population is less than 400,000, a person who holds a certificate of public convenience and necessity which was issued for the operation of a taxicab business may, upon approval from the [commission,] authority, lease a taxicab to an independent contractor who does not hold a certificate of public convenience and necessity. A person may lease only one taxicab to each independent contractor with whom he enters into a lease agreement. The taxicab may be used only in a manner authorized by the lessor’s certificate of public convenience and necessity.

      2.  A person who enters into a lease agreement with an independent contractor pursuant to this section shall submit a copy of the agreement to the [commission] authority for its approval. The agreement is not effective until approved by the [commission.] authority.

      3.  A person who leases a taxicab to an independent contractor is jointly and severally liable with the independent contractor for any violation of the provisions of this chapter or the regulations adopted pursuant thereto, and shall ensure that the independent contractor complies with such provisions and regulations.


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shall ensure that the independent contractor complies with such provisions and regulations.

      4.  The [commission] authority or any of its employees may intervene in a civil action involving a lease agreement entered into pursuant to this section.

      Sec. 187.  NRS 706.475 is hereby amended to read as follows:

      706.475  1.  The [commission] authority shall adopt such regulations as are necessary to:

      (a) Carry out the provisions of NRS 706.473; and

      (b) Ensure that the taxicab business remains safe, adequate and reliable.

      2.  Such regulations must include, without limitation:

      (a) The minimum qualifications for an independent contractor;

      (b) Requirements related to liability insurance;

      (c) Minimum safety standards; and

      (d) The procedure for approving a lease agreement and the provisions that must be included in a lease agreement concerning the grounds for the revocation of such approval.

      Sec. 188.  NRS 706.631 is hereby amended to read as follows:

      706.631  The remedies of the state provided for in NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, are cumulative, and no action taken by the department or [commission shall] authority may be construed to be an election on the part of the state or any of its officers to pursue any remedy under NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, to the exclusion of any other remedy for which provision is made in NRS 706.011 to 706.861, inclusive [.] , and sections 104 to 128, inclusive, of this act.

      Sec. 189.  NRS 706.6411 is hereby amended to read as follows:

      706.6411  1.  All motor carriers coming within the terms of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, to whom the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, have been issued may transfer them to another carrier qualified under NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, but no such transfer is valid for any purpose until a joint application to make the transfer has been made to the [commission] authority by the transferor and the transferee, and the [commission] authority has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier under the jurisdiction of the [commission] authority is valid without the [commission’s] prior approval of the authority if the effect of the transfer would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.

      2.  Except as otherwise provided in subsection 3, the [commission] authority shall fix a time and place for a hearing to be held unless the application is made to transfer the certificate from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners, and may hold a hearing to consider such an application.


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      3.  The [commission] authority may also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.

      4.  In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract carrier should be authorized, the [commission] authority shall consider:

      (a) The service which has been performed by the transferor and that which may be performed by the transferee.

      (b) Other authorized facilities for transportation in the territory for which the transfer is sought.

      (c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract carrier by vehicle and whether or not the proposed operation would be consistent with the legislative policy set forth in NRS 706.151.

      5.  Upon such a transfer, the [commission] authority may make such amendments, restrictions or modifications in a certificate or permit as the public interest may require.

      6.  No transfer is valid beyond the life of the certificate, permit or license transferred.

      Sec. 190.  NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, none of the provisions of NRS [703.191, 703.310, 703.374, 703.375 and] 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, apply to:

      (a) The transportation by a contractor licensed by the state contractors’ board of his own equipment in his own vehicles from job to job.

      (b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of subsection [4] 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to subsection [2] 1 of NRS 706.171 concerning the safety of drivers and vehicles.


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      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the [commission] authority to issue certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      4.  Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.

      Sec. 191.  NRS 706.745 is hereby amended to read as follows:

      706.745  1.  The provisions of NRS 706.386 and 706.421 do not apply to ambulances or hearses.

      2.  A common motor carrier who enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of regular routes and fixed schedules. Under such an agreement, the public entity shall establish the routes and fares and provide for any required safety inspections.

      3.  A nonprofit carrier of elderly or physically or mentally handicapped persons is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the [commission] authority to determine whether its vehicles and their operation are safe.

      4.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      Sec. 192.  NRS 706.749 is hereby amended to read as follows:

      706.749  1.  The [commission] authority may issue a permit, valid for 1 year after the date of issuance, to an employer to transport his employees between their place of work and their homes or one or more central parking areas if the employer files an application, on a form provided by the [commission,] authority, showing:

      (a) The name of the employer;

      (b) The places where employees will be picked up and discharged, including the location of their place of work;

      (c) Identification of each vehicle to be used and certification that it is owned or the subject of a long-term lease by the employer;

      (d) That each vehicle is registered to and operated by the employer; and

      (e) Any charge which will be made for the service.

      2.  The employer must pay a fee of $10 for each vehicle which he will regularly use to transport his employees.

      3.  The employer must charge no fare for the use of the service, or no more than an amount required to amortize the cost of the vehicle and defray the cost of operating it.


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      4.  The [commission] authority shall renew the permit upon receipt of a fee of $10 per vehicle regularly used to transport employees.

      Sec. 193.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, or by the [commission] authority or the department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 104 to 128, inclusive, of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 104 to 128, inclusive, of this act;

      (d) Fails to obey any order, decision or regulation of the [commission] authority or the department;

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 104 to 128, inclusive, of this act;

      (g) Advertises as providing the services of a fully regulated carrier without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the [commission] authority or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.


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ê1997 Statutes of Nevada, Page 1953 (Chapter 482, AB 366)ê

 

      2.  A person convicted of a misdemeanor for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

      (a) For the first offense by a fine of not less than $500 nor more than $1,000;

      (b) For a second offense within 12 consecutive months and each subsequent offense by a fine of $1,000; or

      (c) For any offense, by imprisonment in the county jail for not more than 6 months, or by both the prescribed fine and imprisonment.

      3.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      4.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 194.  NRS 706.761 is hereby amended to read as follows:

      706.761  1.  Any agent or person in charge of the books, accounts, records, minutes or papers of any private, common or contract motor carrier of passengers or household goods or broker of any of these services who refuses or fails for a period of 30 days to furnish the [commission] authority or department with any report required by either or who fails or refuses to permit any person authorized by the [commission] authority or department to inspect such books, accounts, records, minutes or papers on behalf of the [commission] authority or department is liable to a penalty in a sum of not less than $300 nor more than $500. The penalty may be recovered in a civil action upon the complaint of the [commission] authority or department in any court of competent jurisdiction.

      2.  Each day’s refusal or failure is a separate offense, and is subject to the penalty prescribed in this section.

      Sec. 195.  NRS 706.766 is hereby amended to read as follows:

      706.766  1.  It is unlawful for any fully regulated carrier to charge, demand, collect or receive a greater or less compensation for any service performed by it within [the] this state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the [commission,] authority, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls and charges named therein are the lawful rates, tolls and charges until they are changed as provided in this chapter.

      2.  It is unlawful for any fully regulated carrier to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.

      3.  Any violation of the provisions of this section subjects the violator to the penalty prescribed in NRS 706.761.

      Sec. 196.  NRS 706.771 is hereby amended to read as follows:

      706.771  1.  Any [fully regulated carrier, broker of regulated services or other person who transports or stores household goods,] person or any agent or employee thereof, who violates any provision of this chapter, any lawful regulation of the [commission] authority or any lawful tariff on file with the [commission] authority or who fails, neglects or refuses to obey any lawful order of the [commission] authority or any court order for whose violation a civil penalty is not otherwise prescribed is liable to a penalty of not more than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the [commission] authority in any court of competent jurisdiction.


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ê1997 Statutes of Nevada, Page 1954 (Chapter 482, AB 366)ê

 

civil action upon the complaint of the [commission] authority in any court of competent jurisdiction.

      2.  If the [commission] authority does not bring an action to recover the penalty prescribed by subsection 1, the [commission] authority may impose an administrative fine of not more than $10,000 for any violation of a provision of this chapter or any rule, regulation or order adopted or issued by the [commission] authority or department pursuant to the provisions of this chapter. A fine imposed by the [commission] authority may be recovered by the [commission] authority only after notice is given and a hearing is held pursuant to the provisions of chapter 233B of NRS.

      3.  All administrative fines imposed and collected by the [commission] authority pursuant to subsection 2 are payable to the state treasurer and must be credited to a separate account to be used by the [commission] authority to enforce the provisions of this chapter.

      4.  A penalty or fine recovered pursuant to this section is not a cost of service for purposes of rate making.

      Sec. 197.  NRS 706.776 is hereby amended to read as follows:

      706.776  1.  The owner or operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, apply carrying passengers or property on any highway in the State of Nevada shall not require or permit any driver of the motor vehicle to drive it in any one period longer than the time permitted for that period by the order of the [commission] authority or the department.

      2.  In addition to other persons so required, the labor commissioner shall enforce the provisions of this section.

      Sec. 198.  NRS 706.779 is hereby amended to read as follows:

      706.779  The [commission] authority and its inspectors may, upon halting a person for a violation of the provisions of NRS 706.386 or 706.421, move his vehicle or cause it to be moved to the nearest garage or other place of safekeeping until it is removed in a manner which complies with the provisions of this chapter.

      Sec. 199.  NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, for the prevention and punishment of any violation of the provisions thereof and of all orders of the [commission] authority or the department, the [commission] authority or the department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, and with the orders of the [commission] authority or the department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 200.  NRS 706.881 is hereby amended to read as follows:

      706.881  1.  NRS 706.8811 to 706.885, inclusive, apply to any county:

      (a) Whose population is 400,000 or more; or

      (b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.


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ê1997 Statutes of Nevada, Page 1955 (Chapter 482, AB 366)ê

 

authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the [public service commission of Nevada] transportation services authority do not apply.

      Sec. 201.  NRS 706.8813 is hereby amended to read as follows:

      706.8813  “Certificate holder” means a person who holds a current certificate of public convenience and necessity which was issued for the operation of a taxicab business by:

      1.  The public service commission of Nevada [prior to] before July 1, 1981, and which has not been transferred, revoked or suspended by the transportation services authority, the taxicab authority [,] or the public [service] utilities commission of Nevada , or by operation of law; [or]

      2.  The taxicab authority and which has not been transferred, revoked or suspended by the taxicab authority or by operation of law.

      Sec. 202.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  A taxicab authority, consisting of five members appointed by the governor, is hereby created. No member may serve for more than 6 years. No more than three members may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive a salary of not more than $80, as fixed by the authority, for each day actually employed on work of the authority.

      3.  While engaged in the business of the taxicab authority, each member and employee of the authority is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The taxicab authority shall maintain its principal office in the county or area of the state where it performs most of its regulatory activity.

      5.  The taxicab authority may adopt appropriate regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. The regulations may include different provisions to allow for differences among the counties to which NRS 706.881 to 706.885, inclusive, apply. Local law enforcement agencies and the Nevada highway patrol, upon request of the [taxicab] authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and regulations adopted pursuant thereto.

      6.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every regulation and order issued by the public [service] utilities commission of Nevada or the transportation services authority remains effective in a county to which those sections apply until modified or rescinded by the taxicab authority, and must be enforced by the taxicab authority.

      Sec. 203.  NRS 706.8819 is hereby amended to read as follows:

      706.8819  1.  The taxicab authority shall conduct hearings and make final decisions in the following matters:


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ê1997 Statutes of Nevada, Page 1956 (Chapter 482, AB 366)ê

 

      [1.] (a) Applications to adjust, alter or change the rates, charges or fares for taxicab service;

      [2.] (b) Applications for certificates of public convenience and necessity to operate a taxicab service;

      [3.] (c) Applications requesting authority to transfer any existing interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab business;

      [4.] (d) Applications to change the total number of allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, apply; and

      [5.] (e) Appeals from final decisions of the administrator made pursuant to NRS 706.8822.

      2.  An appeal to the final decision of the taxicab authority must be made to the transportation services authority.

      Sec. 204.  NRS 706.8833 is hereby amended to read as follows:

      706.8833  1.  The color scheme, insigne and design of the cruising lights of each taxicab must conform to those approved for the certificate holder [by the administrator] pursuant to regulations of the [taxicab] authority.

      2.  The [administrator] authority shall approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder in any county, and shall ensure that the color scheme and insigne of one certificate holder are readily distinguishable from the color schemes and insignia of other certificate holders operating in the same county.

      Sec. 205.  NRS 706.88395 is hereby amended to read as follows:

      706.88395  1.  A vehicle used as a taxicab , limousine or other passenger vehicle in passenger service must be impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing must be held by the administrator no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the administrator shall notify the registered owner of the vehicle [of] :

      (a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;

      (b) Of the time set for the hearing ; and

      (c) Of his right to be represented by counsel during all phases of the proceedings.

      2.  The administrator shall hold the vehicle until the registered owner of the vehicle appears and [proves:

      (a) That] :

      (a) Proves that he is the registered owner of the vehicle;

      (b) [That] Proves that he holds a valid certificate of public convenience and necessity; [and

      (c) That]

      (c) Proves that the vehicle meets all required standards of the authority [.] ; and


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ê1997 Statutes of Nevada, Page 1957 (Chapter 482, AB 366)ê

 

      (d) Posts a bond in the amount of $20,000 with the administrator.

The administrator shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

      3.  If the registered owner is unable to meet the requirements of paragraphs (b) or (c) or subsection 2, the administrator [shall give the registered owner access to the vehicle so that he can remove all taxicab paraphernalia.] may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The administrator shall return the vehicle after [all taxicab paraphernalia is removed] any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.

      Sec. 206.  NRS 707.360 is hereby amended to read as follows:

      707.360  1.  The rehabilitation division of the department of employment, training and rehabilitation shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange and who is certified by the division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone with other persons through a dual-party relay system.

The program must be approved by the public [service] utilities commission of Nevada.

      2.  A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state which is sufficient to cover the costs of the program. The commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the commission pursuant to regulations adopted by the commission.

      3.  The account for telecommunication and relay services for persons with impaired speech or hearing is hereby created within the state general fund and must be administered by the division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the state treasury for credit to the account. The money in the account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;

      (d) For the general administration of the program; and


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ê1997 Statutes of Nevada, Page 1958 (Chapter 482, AB 366)ê

 

      (e) To train persons in the use of the devices.

      4.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which has a keyboard used to send messages by telephone, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 207.  NRS 708.010 is hereby amended to read as follows:

      708.010  As used in this chapter, “commission” means the public [service] utilities commission of Nevada.

      Sec. 208.  NRS 709.145 is hereby amended to read as follows:

      709.145  1.  Any political subdivision of the State of Nevada which operates or controls a water company, or the board of county commissioners of any county from which a franchise has been obtained, pursuant to NRS 709.050 to 709.170, inclusive, by a water company exempt from regulation by the public [service] utilities commission of Nevada, may contract with the public [service] utilities commission of Nevada for rate determination assistance, engineering services or financing advice concerning that water company.

      2.  Any such contract does not divest a political subdivision or a board of county commissioners of any of its jurisdiction over that water company.

      3.  The public [service] utilities commission of Nevada may charge a reasonable fee for those services.

      Sec. 209.  NRS 709.146 is hereby amended to read as follows:

      709.146  Any water company exempt from regulation by the public [service] utilities commission of Nevada and franchised pursuant to NRS 709.050 to 709.170, inclusive, shall, upon request by the board of county commissioners of the county from which such water company obtained its franchise, produce its books and records for inspection by such board of county commissioners, or the public [service] utilities commission.

      Sec. 210.  NRS 709.160 is hereby amended to read as follows:

      709.160  Nothing contained in NRS 709.050 to 709.170, inclusive, [shall] must be so construed as to deprive the public [service] utilities commission of Nevada of full power to regulate and control, as prescribed by law, the service, practices, regulations and charges, subject to the maximum charges fixed by the board of county commissioners upon granting the franchise, and subject also to the provisions of NRS 709.110, of all [public] utilities receiving franchises as provided in NRS 709.050 to 709.170, inclusive.

      Sec. 211.  NRS 709.240 is hereby amended to read as follows:

      709.240  1.  All poles from which wires are suspended for electric power, light or heating purposes within the boundaries of unincorporated towns or cities and over public highways shall be subject to such rules and regulations in constructing and maintaining the same as may be prescribed by the public [service] utilities commission of Nevada.


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ê1997 Statutes of Nevada, Page 1959 (Chapter 482, AB 366)ê

 

      2.  The persons or corporations operating such electric light, heat or power lines shall provide a competent electrician, at the expense of such persons or corporations, to cut, repair and replace wires in all cases where such cutting, repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

      Sec. 212.  NRS 710.145 is hereby amended to read as follows:

      710.145  1.  Notwithstanding the provisions of any other statute, a telephone system which is under the control and management of a county may extend its operation across county boundaries if:

      (a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;

      (b) The public [service] utilities commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive or discretionary and that regulation thereof is unnecessary; or

      (c) The public [service] utilities commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days’ notice to all telephone utilities providing service in the county into which the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of the system. No such extension may be permitted for a distance of more than 10 miles.

      2.  Except as otherwise provided in subsection 1, nothing in this section vests jurisdiction over a county telephone system in the public [service] utilities commission of Nevada.

      Sec. 213.  NRS 711.030 is hereby amended to read as follows:

      711.030  “Community antenna television company” means any person or organization which owns, controls, operates or manages a community antenna television system, except that the definition does not include:

      1.  A telephone, telegraph or electric utility regulated by the public [service] utilities commission of Nevada where the utility merely leases or rents to a community antenna television company wires or cables for the redistribution of television signals to or toward subscribers of that company; or

      2.  A telephone or telegraph utility regulated by the public [service] utilities commission of Nevada where the utility merely provides channels of communication under published tariffs filed with that commission to a community antenna television company for the redistribution of television signals to or toward subscribers of that company.

      Sec. 214.  NRS 711.240 is hereby amended to read as follows:

      711.240  1.  Except with respect to reasonable promotional activities, a person shall not advertise, offer to provide or provide any service to subscribers of television services at a rate, including any rebate, less than the cost to the company to provide the service which is advertised, offered or provided with the intent to:

      (a) Impair fair competition or restrain trade among companies which provide services in the same area; or

      (b) Create a monopoly.

      2.  For the purposes of this section, “cost” means the expense of doing business including, without limitation, expenses for labor, rent, depreciation, interest, maintenance, delivery of the service, franchise fees, taxes, insurance and advertising.


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ê1997 Statutes of Nevada, Page 1960 (Chapter 482, AB 366)ê

 

depreciation, interest, maintenance, delivery of the service, franchise fees, taxes, insurance and advertising.

      3.  A community antenna television company may offer any telecommunication or related services which are offered in the same area by a telephone company, pursuant to chapter 704 of NRS and regulations approved by the public [service] utilities commission of Nevada for providers of similar services. A community antenna television company shall obtain a certificate of public convenience and necessity pursuant to NRS 704.330 before providing telecommunication or related services which are subject to regulation by the public [service] utilities commission of Nevada.

      4.  A violation of subsection 1 constitutes a prohibited act under NRS 598A.060. The attorney general and any other person may exercise the powers conferred by that chapter to prevent, remedy or punish such a violation. The provisions of chapter 598A of NRS apply to any such violation.

      Sec. 215.  NRS 712.020 is hereby amended to read as follows:

      712.020  The legislature hereby finds and declares that the storage of household goods and effects in warehouses affects the public interest and the public welfare, and in the exercise of its police power it is necessary to vest in the [public service commission of Nevada] transportation services authority the authority to set certain standards as to fitness and financial stability, and to require certain insurance as a condition for engaging in such storage business.

      Sec. 216.  NRS 712.040 is hereby amended to read as follows:

      712.040  [No] A person shall not engage in the storage of household goods and effects without first having obtained from the [commission] transportation services authority a warehouse permit to conduct such service.

      Sec. 217.  NRS 712.050 is hereby amended to read as follows:

      712.050  1.  Before issuing a warehouse permit the [commission] transportation services authority shall:

      (a) Require proof of financial ability to protect persons storing property from loss or damage, and a showing of sufficient assets, including working capital, to carry out the proposed service.

      (b) Determine that the applicant has sufficient experience in and knowledge of the storage in a warehouse of household goods and effects, and the [commission’s] regulations of the transportation services authority governing the storage of household goods and effects.

      (c) Require proof that the applicant carries a legal policy of liability insurance evidencing coverage against fire, theft, loss and damage for stored property and effects in an amount not less than the base release value set forth in the tariff approved by the [commission] transportation services authority governing the transportation of household goods and effects for those articles not covered by private insurance. Except upon 30 days’ written notice to the [commission,] transportation services authority, the insurance must not be canceled during the period for which any permit is issued. Failure to keep the insurance in effect is cause for revocation of any warehouse permit.


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ê1997 Statutes of Nevada, Page 1961 (Chapter 482, AB 366)ê

 

      (d) Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for that purpose. Failure to maintain the property in suitable condition is cause for revocation of any warehouse permit.

      (e) Collect an initial fee for the permit as set by the commission according to the gross volume of business in an amount not less than $25 nor more than $50.

      2.  On or before January 1 of each year, the holder of a warehouse permit shall pay to the [commission] transportation services authority an annual fee as set by the [commission] transportation services authority pursuant to paragraph (e) of subsection 1.

      3.  Any person who fails to pay the annual fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.

      Sec. 218.  NRS 712.060 is hereby amended to read as follows:

      712.060  The [commission] transportation services authority or its agents may:

      1.  Inspect any property proposed to be used for storage of household goods and effects to determine its suitability.

      2.  Examine the premises, books and records of any permit holder.

      Sec. 219.  NRS 712.070 is hereby amended to read as follows:

      712.070  The [commission] transportation services authority shall adopt such rules or regulations as may be required for the administration of this chapter.

      Sec. 220.  NRS 37.010 is hereby amended to read as follows:

      37.010  Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes:

      1.  Federal activities. All public purposes authorized by the Government of the United States.

      2.  State activities. Public buildings and grounds for the use of the state, the University and Community College System of Nevada and all other public purposes authorized by the legislature.

      3.  County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      4.  Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.


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ê1997 Statutes of Nevada, Page 1962 (Chapter 482, AB 366)ê

 

      5.  Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      6.  Mining, smelting and related activities. Mining, smelting and related activities as follows:

      (a) Mining and related activities, which are recognized as the paramount interest of this state.

      (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.

      7.  Byroads. Byroads leading from highways to residences and farms.

      8.  Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.

      9.  Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the state or college or university.

      10.  Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

      11.  Cemeteries, public parks. Cemeteries or public parks.

      12.  Pipe lines of beet sugar industry. Pipe lines to conduct any liquids connected with the manufacture of beet sugar.

      13.  Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      14.  Aviation. Airports, facilities for air navigation and aerial rights of way.

      15.  Monorails. Monorails and any other overhead or underground system used for public transportation.

      16.  Community antenna television companies. Community antenna television companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

      (a) It creates no substantial detriment to the service provided by the utility;

      (b) It causes no irreparable injury to the utility; and


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ê1997 Statutes of Nevada, Page 1963 (Chapter 482, AB 366)ê

 

      (c) The public [service] utilities commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

      17.  Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.

      Sec. 221.  NRS 78.085 is hereby amended to read as follows:

      78.085  1.  Every railroad company in this state shall, within 90 days after its road [shall be] is finally located:

      (a) Cause to be made a map and profile thereof, and of the land taken and obtained for the use thereof, and the boundaries of the several counties through which the road may run;

      (b) File the same in the office of the secretary of state and a duplicate thereof with the public [service] utilities commission of Nevada; and

      (c) Cause to be made like maps of the parts thereof located in different counties, and file the same in the office of the recorder of the county in which such parts of the road [shall be] are located.

      2.  The maps and profiles [shall] must be certified by the chief engineer, the acting president, and secretary of such company and copies of the same, so certified and filed as required by subsection 1, [shall] must be kept in the office of the company, subject to examination by all interested persons.

      Sec. 222.  (Deleted by amendment.)

      Sec. 223.  NRS 113.060 is hereby amended to read as follows:

      113.060  1.  Any person who is proposing to sell a previously unsold home or improved lot for which water or sewerage services will be provided by a public utility that:

      (a) Serves or plans to serve more than 25 customers; and

      (b) Presently serves fewer than 2,000 customers,

shall post in a conspicuous place on the property or at his sales office if an improved lot is being sold, a notice which states the current rates to be charged for such services or, if the public utility is not presently serving customers, the projected rates to be charged. The notice must also contain the name, address and telephone number of the public utility and the division of consumer [relations] complaint resolution of the public [service] utilities commission of Nevada.

      2.  Before the home or lot is sold, the seller shall give the purchaser a copy of the notice described in subsection 1.

      Sec. 224.  NRS 118B.140 is hereby amended to read as follows:

      118B.140  The landlord or his agent or employee shall not:

      1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

      2.  Charge or receive:

      (a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.


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ê1997 Statutes of Nevada, Page 1964 (Chapter 482, AB 366)ê

 

within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.

      (c) Any fee for the tenant’s spouse or children.

      (d) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

      (e) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

      (f) Any fee for a late monthly rental payment within 4 days of the date the rental payment is due or which exceeds $1 for each day which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public [service] utilities commission of Nevada.

      (g) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each mobile home lot.

      Sec. 225.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      It is unlawful for a developer to sell any lot, parcel, unit or interest in a subdivision without disclosing to the purchaser in writing, before the purchaser signs any binding agreement, the location in the subdivision, and on all land contiguous thereto, of all rights of way and easements for transmission lines of public utilities that supply electricity if the developer knows or reasonably should know the locations of such rights of way and easements.

      Sec. 226.  NRS 119.121 is hereby amended to read as follows:

      119.121  Unless the method of disposition is adopted to evade the provisions of this chapter or of the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, if each lot, parcel, interest or unit being offered or disposed of in any subdivision is at least one-sixteenth of a section as described by a survey of the government land office, but not less than 35 acres, or 40 acres in area, including roadways and easements, but not more than 80 acres in size, and the developer:

      1.  Completes an application in such form and containing such reasonable information as the division may require;

      2.  Pays the fees prescribed in this chapter for a permit for partial registration;

      3.  Requires the purchaser or his agent to inspect the land before purchasing it; and


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ê1997 Statutes of Nevada, Page 1965 (Chapter 482, AB 366)ê

 

      4.  Signs an affirmation which states that the purchaser or his agent has inspected the land before purchasing it and makes that affirmation a matter of record pursuant to the regulations of the division,

the developer need only comply with the provisions of NRS 119.183, 119.184 and 119.230 [.] , and section 225 of this act.

      Sec. 227.  NRS 120A.220 is hereby amended to read as follows:

      120A.220  All intangible personal property held for the owner by any court, public corporation, public authority or public officer, an appointee thereof, a federal or state governmental entity or a political subdivision thereof, that has remained unclaimed by the owner for more than 5 years after it became payable or distributable is presumed abandoned and subject to the provisions of this chapter if:

      1.  The last known address or residence of the owner of the property is in this state; or

      2.  The property is otherwise abandoned in this state.

This section does not apply to refunds held by the public [service] utilities commission of Nevada pursuant to NRS 703.375.

      Sec. 228.  NRS 179A.100 is hereby amended to read as follows:

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

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

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

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

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

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

      (c) Reported to the central repository.

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

      (a) Reflect convictions only; or

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

      4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

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

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


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ê1997 Statutes of Nevada, Page 1966 (Chapter 482, AB 366)ê

 

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

      (c) The state gaming control board.

      (d) The state board of nursing.

      (e) The private investigator’s licensing board to investigate an applicant for a license.

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

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

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

      (i) Any public utility subject to the jurisdiction of the public [service] utilities commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

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

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

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

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

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

      (o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

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

      Secs. 229-233.  (Deleted by amendment.)

      Sec. 234.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 235 to 239, inclusive, of this act.

      Sec. 235.  “Bureau of consumer protection” means the bureau of consumer protection in the office of the attorney general.


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ê1997 Statutes of Nevada, Page 1967 (Chapter 482, AB 366)ê

 

      Sec. 236.  “Consumer’s advocate” means the consumer’s advocate of the bureau of consumer protection.

      Sec. 237.  “Cooperative utility” means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.

      Sec. 238.  “Public interest” means the interests or rights of the State of Nevada and of the residents of this state, or a broad class of those residents, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law.

      Sec. 239.  1.  The consumer’s advocate:

      (a) May compile and maintain a data base of the types of telecommunication services that are available in this state. Such a data base must be:

             (1) In a format that can be easily understood; and

             (2) Updated annually.

      (b) Shall perform outreach programs, identify problems and facilitate the development of solutions relating to the provision of telecommunication service to public schools, public libraries, medical facilities and local governments in rural counties.

      (c) Shall act as an advocate for the public schools, public libraries, medical facilities, businesses and general public of this state before the public utilities commission of Nevada relating to the provision of universal telephone service and access to universal service.

      (d) Facilitate coordination among the agencies and local governments of this state and the commission regarding issues relating to telecommunication services.

      2.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (b) “Rural county” means a county whose population is less than 100,000.

      (c) “Universal service” means the availability of affordable and reliable basic telephone service to as many customers in this state as economically and operationally practicable.

      Sec. 240.  NRS 228.096 is hereby amended to read as follows:

      228.096  1.  The attorney general’s special fund is hereby created as a special revenue fund.

      2.  [Except as otherwise provided by NRS 598A.260, all money received by the attorney general pursuant to those provisions of law relating to private investigators and to recoveries for unfair trade practices must be deposited in the state treasury for credit to the attorney general’s special fund.

      3.]  All claims against the fund must be paid as other claims against the state are paid.

      Sec. 241.  NRS 228.097 is hereby amended to read as follows:

      228.097  [Except as he is required by NRS 228.096 to deposit certain money in a special fund, the] The attorney general shall deposit in the state general fund all money collected by him which is in excess of the amount authorized for expenditure by the legislature.


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ê1997 Statutes of Nevada, Page 1968 (Chapter 482, AB 366)ê

 

      Sec. 242.  NRS 228.098 is hereby amended to read as follows:

      228.098  [Except as provided in NRS 228.096, money] Money for the support of the operations of the office of attorney general from whatever source it is derived must be accounted for in the attorney general’s administration budget account.

      Sec. 243.  NRS 228.300 is hereby amended to read as follows:

      228.300  As used in NRS 228.300 to 228.390, inclusive, and sections 235 to 239, inclusive, of this act, unless the context otherwise requires [:

      1.  “Consumer’s advocate” means the advocate for customers of public utilities.

      2.  “Cooperative utility” means a cooperative association or nonprofit corporation or association which supplies utility services for the use of its own members only.

      3.  “Public interest” means the interests or rights of the State of Nevada and of the citizens of the state, or a broad class of those citizens, which arise from the constitutions, court decisions and statutes of this state and of the United States and from the common law, as those interests and rights relate to the regulation of public utilities.] , the words and terms defined in sections 235 to 238, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 244.  NRS 228.310 is hereby amended to read as follows:

      228.310  1.  The [office of advocate for customers of public utilities] bureau of consumer protection is hereby created within the office of the attorney general. [The advocate for customers of public utilities may be known as the consumer’s advocate.]

      2.  The executive head of the bureau of consumer protection is the consumer’s advocate.

      Sec. 245.  NRS 228.330 is hereby amended to read as follows:

      228.330  The consumer’s advocate may:

      1.  Employ [the] such staff as are necessary to carry out his duties and the functions of his office, in accordance with the personnel practices and procedures established within the attorney general’s office. [The staff must include:

      (a) A person licensed to practice law in this state, who shall serve as staff counsel;

      (b) A person knowledgeable in rate making and principles and policies of rate regulation;

      (c) A specialist in public utilities knowledgeable in accounting, finance or economics or one or more related disciplines; and

      (d) An administrative assistant,

who must be in the unclassified service of the state.] The consumer’s advocate has sole discretion to employ and remove [the members] any member of his staff . [who are in the unclassified service.]

      2.  Purchase necessary equipment.

      3.  Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the state board of examiners.

      4.  Apply for an order or subpoena for the appearance of witnesses or the production of books, papers and documents in any proceeding in which he is a party or intervener, in the same manner as any other party or intervener, and make arrangements for and pay the fees or costs of any witnesses and consultants necessary to the proceeding.


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ê1997 Statutes of Nevada, Page 1969 (Chapter 482, AB 366)ê

 

he is a party or intervener, in the same manner as any other party or intervener, and make arrangements for and pay the fees or costs of any witnesses and consultants necessary to the proceeding. If any person ordered by the public [service] utilities commission of Nevada to appear before it as a witness pursuant to this subsection fails to obey the order, the commission shall apply for a subpoena commanding the attendance of the witness.

      5.  Perform such other functions and make such other arrangements as may be necessary to carry out his duties and the functions of his office.

      Sec. 246.  NRS 228.340 is hereby amended to read as follows:

      228.340  1.  [The account for the consumer’s advocate is hereby created within the attorney general’s special fund created pursuant to NRS 228.096. All money collected for the use of the consumer’s advocate must be deposited in the state treasury for credit to the account.] Except as otherwise provided by NRS 598A.260, all money collected by the bureau of consumer protection pursuant to NRS 704.033 and to those provisions relating to private investigators and unfair trade practices must be deposited with the state treasurer for credit to the account for the bureau of consumer protection.

      2.  Money in the account may be used only to defray the costs of maintaining the office of the consumer’s advocate and for carrying out the provisions of NRS 228.300 to 228.390, inclusive.

      3.  All claims against the account must be paid as other claims against the state are paid.

      Sec. 247.  NRS 228.360 is hereby amended to read as follows:

      228.360  The consumer’s advocate may, with respect to all public utilities except railroads [, common and contract motor carriers] and cooperative utilities, and except as provided in NRS 228.380:

      1.  Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

      2.  Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public [service] utilities commission of Nevada in the same manner and to the same extent as authorized by law for members of the public [service] utilities commission of Nevada and its staff.

      3.  Petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public [service] utilities commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumer’s advocate may bring before or has brought before the public [service] utilities commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumer’s advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

      Sec. 248.  NRS 228.370 is hereby amended to read as follows:

      228.370  All public utilities, except railroads [, common and contract motor carriers] and cooperative utilities, and except as provided in NRS 228.380, shall provide the consumer’s advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the public [service] utilities commission of Nevada.


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ê1997 Statutes of Nevada, Page 1970 (Chapter 482, AB 366)ê

 

228.380, shall provide the consumer’s advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the public [service] utilities commission of Nevada.

      Sec. 249.  NRS 228.380 is hereby amended to read as follows:

      228.380  1.  Except as otherwise provided in this section, the consumer’s advocate may exercise the power of the attorney general in areas of consumer protection, including, but not limited to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C and 599B of NRS. The consumer’s advocate may not exercise any powers to enforce any criminal statute set forth in chapters 90, 597, 598, 598A, 598B, 598C or 599B of NRS for any transaction or activity that involves a proceeding before the public utilities commission of Nevada if the consumer’s advocate is participating in that proceeding as a real party in interest on behalf of the customers or a class of customers of utilities.

      2.  The consumer’s advocate may expend revenues derived from NRS 704.033 only for activities directly related to the protection of customers of public utilities.

      3.  The powers of the consumer’s advocate do not extend to [matters] proceedings before the public utilities commission of Nevada directly relating to discretionary or competitive telecommunication services.

      Sec. 250.  NRS 228.390 is hereby amended to read as follows:

      228.390  1.  The consumer’s advocate has sole discretion to represent or refrain from representing the public interest and any class of [utility] customers in any proceeding.

      2.  In exercising his discretion, the consumer’s advocate shall consider the importance and extent of the public interest or the customers’ interests involved and whether those interests would be adequately represented without his participation.

      3.  If the consumer’s advocate determines that there would be a conflict between the public interest and any particular class of [utility] customers or any inconsistent interests among the classes of [utility] customers involved in a particular matter, he may choose to represent one of the interests, to represent no interest, or to represent one interest through his office and another or others through outside counsel engaged on a case basis.

      Sec. 251.  NRS 232.510 is hereby amended to read as follows:

      232.510  1.  The department of business and industry is hereby created.

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

      (a) Consumer affairs division.

      (b) Division of financial institutions.

      (c) Housing division.

      (d) Manufactured housing division.

      (e) Real estate division.

      (f) Division of unclaimed property.

      (g) Division of agriculture.

      (h) Division of minerals.

      (i) Division of insurance.

      (j) Division of industrial relations.

      (k) Office of labor commissioner.


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ê1997 Statutes of Nevada, Page 1971 (Chapter 482, AB 366)ê

 

      (l) Taxicab authority.

      (m) Nevada athletic commission.

      (n) Office of the Nevada attorney for injured workers.

      (o) State predatory animal and rodent committee.

      (p) Transportation services authority.

      (q) Any other office, commission, board, agency or entity created or placed within the department pursuant to a specific statute, the budget approved by the legislature or an executive order, or an entity whose budget or activities have been placed within the control of the department by a specific statute.

      Sec. 252.  NRS 232.520 is hereby amended to read as follows:

      232.520  The director:

      1.  Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the division of unclaimed property is the administrator of unclaimed property, the chief of the division of agriculture is the administrator of the division of agriculture, the chief of the division of minerals is the administrator of the division of minerals, the chief of the division of insurance is the insurance commissioner, the chief of the division of industrial relations is the administrator of the division of industrial relations, the chief of the office of labor commissioner is the labor commissioner, the chief of the taxicab authority is the taxicab administrator, the chief of the transportation services authority is the chairman of the authority and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.

      2.  Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the director pursuant to this subsection. Nothing contained in this subsection may be construed as allowing the director to preempt any authority or jurisdiction granted by statute to any division or other entity within the department or as allowing the director to act or take on a function that would be in contravention of a rule of court or a statute.

      3.  Has authority to:


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ê1997 Statutes of Nevada, Page 1972 (Chapter 482, AB 366)ê

 

      (a) Establish uniform policies for the department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the department.

      (b) Provide coordination among the divisions and other entities within the department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or utilize office space.

      (c) Define the responsibilities of any person designated to carry out the duties of the director relating to financing, industrial development or business support services.

      4.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

      5.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

      6.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

      7.  May designate any person within the department to perform any of the duties or responsibilities, or exercise any of the authority, of the director on his behalf.

      8.  May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the director or the department.

      9.  May establish a trust account in the state treasury for the purpose of depositing and accounting for money that is held in escrow or is on deposit with the department for the payment of any direct expenses incurred by the director in connection with any bond programs administered by the director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

      (a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or

      (b) Returned to any person entitled thereto in accordance with agreements or regulations of the director pertaining to such bond programs.


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ê1997 Statutes of Nevada, Page 1973 (Chapter 482, AB 366)ê

 

      Sec. 253.  NRS 233B.039 is hereby amended to read as follows:

      233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The department of prisons.

      (c) The University and Community College System of Nevada.

      (d) The office of the military.

      (e) The state gaming control board.

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      (j) Except as otherwise provided in NRS 533.365, the office of the state engineer.

      2.  Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

      (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

      (c) Chapter 703 of NRS for the judicial review of decisions of the public [service] utilities commission of Nevada;

      (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

      (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

      4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

      5.  The provisions of this chapter do not apply to:

      (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or

      (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

      Sec. 254.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  Except as otherwise provided in subsection 2 and in NRS 233B.061, before adopting, amending or repealing any permanent or temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.


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ê1997 Statutes of Nevada, Page 1974 (Chapter 482, AB 366)ê

 

intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.

      3.  If the public [service] utilities commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.

      Sec. 255.  NRS 244.3655 is hereby amended to read as follows:

      244.3655  1.  If the state board of health determines that:

      (a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and

      (b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,

the board of county commissioners of that county may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public [service] utilities commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.905.

      2.  As used in this section, “water system” has the meaning ascribed to it in NRS 445A.850.

      Sec. 256.  NRS 244.3663 is hereby amended to read as follows:

      244.3663  1.  If the board of county commissioners determines that:

      (a) A package plant for sewage treatment which is located in the county and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available to those users,

the board may require all users of the plant to connect into the available sewers provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public [service] utilities commission of Nevada.

      2.  If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the board of county commissioners of the county in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:

 


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ê1997 Statutes of Nevada, Page 1975 (Chapter 482, AB 366)ê

 

holder of the permit has failed to comply within a reasonable time after the date of the notice, the board of county commissioners of the county in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the board of county commissioners will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the board to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.

      3.  If the board of county commissioners determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located in the county and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with any of the requirements set forth in subsection 2. The board may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      4.  Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject to assessment by the board of county commissioners of the county in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the county assumes control and operation of the plant pursuant to subsection 2 or 3.

      Sec. 257.  NRS 244.3665 is hereby amended to read as follows:

      244.3665  The board of county commissioners may prohibit any waste of water within the unincorporated areas of the county by customers of a public water system. Any ordinance adopted under this section may:

      1.  Classify the conditions under which specified kinds and amounts of consumption or expenditure of water are wasteful;

      2.  Provide for reasonable notice to water users in any such area indicating which of such conditions, if any, exist in that area;

      3.  Allow any person, group of persons, partnership, corporation or other business or governmental entity which:

      (a) Furnishes water to persons within such areas of the county for business, manufacturing, agricultural or household use; and

      (b) Is not a public utility regulated by the public [service] utilities commission of Nevada,

to reduce or terminate water service to any customer who wastes water, according to reasonable standards adopted by the board; and

      4.  Provide other appropriate penalties for violation of the ordinance which are based upon the classification adopted under subsection 1.


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ê1997 Statutes of Nevada, Page 1976 (Chapter 482, AB 366)ê

 

      Sec. 258.  NRS 244A.711 is hereby amended to read as follows:

      244A.711  1.  Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board shall proceed no further unless or until it:

      (a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moody’s Investors Service, Inc., or Standard and Poor’s Rating Services, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the public [service] utilities commission of Nevada, the obligor with respect to a project described in NRS 244A.6975, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and

      (e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.

      2.  If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.

      3.  The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.

      4.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to ensure that all money provided by the county will be expended solely for the purposes of the project.


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sufficient safeguards to ensure that all money provided by the county will be expended solely for the purposes of the project.

      Sec. 259.  NRS 244A.743 is hereby amended to read as follows:

      244A.743  1.  A county shall not commence the construction of a project for the generation and transmission of electricity to be financed pursuant to NRS 244A.669 to 244A.763, inclusive, until the legislature approves the project in general terms and fixes the limit of the capacity of its generating facilities. After a project is originally so approved, no further legislative approval is required except the addition of generating facilities. For the purposes of this subsection, construction is commenced when excavation is begun for the foundations of a unit for the generation of electricity.

      2.  Approval by the legislature does not preempt the authority of any state regulatory agency, including , without limitation , the public [service] utilities commission of Nevada, the state environmental commission and the state department of conservation and natural resources. The county shall determine, with the concurrence of the management committee, the capacity of the project to generate electricity, within the limit fixed by the legislature. This determination must be made before the county applies to the public [service] utilities commission for a permit to construct any generating unit.

      Sec. 260.  NRS 244A.763 is hereby amended to read as follows:

      244A.763  1.  NRS 244A.669 to 244A.763, inclusive, without reference to other statutes of [the] this state, constitute full authority for the exercise of powers granted in those sections, including , but not limited to , the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in NRS 244A.669 to 244A.763, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except:

      (a) As otherwise provided in those sections.

      (b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including , without limitation , the public [service] utilities commission of Nevada, the state environmental commission and the state department of conservation and natural resources.

      4.  No notice, consent or approval by any public body or officer thereof may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.


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ê1997 Statutes of Nevada, Page 1978 (Chapter 482, AB 366)ê

 

NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.

      5.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this state or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive, except that the provisions of NRS 338.010 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after January 1, 1992, by the county for work to be done in a project.

      6.  Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary except that such association is not prohibited.

      7.  The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.

      8.  No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 261.  NRS 268.097 is hereby amended to read as follows:

      268.097  1.  Except as otherwise provided in subsections 2 and 3, notwithstanding the provisions of any local, special or general law, after July 1, 1963, the governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, may not supervise or regulate any taxicab motor carrier as defined in NRS 706.126 which is under the supervision and regulation of the [public service commission of Nevada] transportation services authority pursuant to law.

      2.  The governing body of any incorporated city in this state, whether incorporated by general or special act, or otherwise, may fix, impose and collect a license tax on and from a taxicab motor carrier for revenue purposes only.

      3.  The governing body of any incorporated city in any county in which the provisions of NRS 706.8811 to 706.885, inclusive, do not apply, whether incorporated by general or special act, or otherwise, may regulate by ordinance the qualifications required of employees or lessees of a taxicab motor carrier in a manner consistent with the regulations adopted by the [public service commission of Nevada.] transportation services authority.

      Sec. 262.  NRS 268.4102 is hereby amended to read as follows:

      268.4102  1.  If the state board of health determines that:

      (a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and


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ê1997 Statutes of Nevada, Page 1979 (Chapter 482, AB 366)ê

 

      (b) Water provided by a public utility or a municipality or other public entity is reasonably available to those users,

the governing body of that city may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the public [service] utilities commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.

      2.  As used in this section, “water system” has the meaning ascribed to it in NRS 445A.850.

      Sec. 263.  NRS 268.4105 is hereby amended to read as follows:

      268.4105  1.  If the governing body of the city determines that:

      (a) A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,

the governing body may require all users of the plant to connect into the available sewers provided by a public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public [service] utilities commission of Nevada.

      2.  If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the governing body of the city in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the governing body of the city will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.

      3.  If the governing body of the city determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with any of the requirements set forth in subsection 2. The governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.


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ê1997 Statutes of Nevada, Page 1980 (Chapter 482, AB 366)ê

 

may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      4.  Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.

      Sec. 264.  NRS 268.411 is hereby amended to read as follows:

      268.411  The governing body of an incorporated city may prohibit by ordinance any waste of water within its jurisdiction. Any ordinance adopted under this section may:

      1.  Classify the conditions under which specified kinds and amounts of consumption or expenditure of water are wasteful;

      2.  Provide for reasonable notice of which of such conditions, if any, exist in the city;

      3.  Allow any person, group of persons, partnership, corporation or other business or governmental entity which:

      (a) Furnishes water to persons within the city for business, manufacturing, agricultural or household use; and

      (b) Is not a public utility regulated by the public [service] utilities commission of Nevada,

to reduce or terminate water service to any customer or user who wastes water, according to reasonable standards adopted by the board; and

      4.  Provide other appropriate penalties for violation of the ordinance which are based upon the classification adopted under subsection 1.

      Sec. 265.  NRS 268.530 is hereby amended to read as follows:

      268.530  1.  After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further until it:

      (a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;

      (b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;

      (c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moody’s Investor Service, Inc., or Standard and Poor’s Rating Services, except that a public utility regulated by the public [service] utilities commission of Nevada, the obligor with respect to a project described in NRS 268.5385, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;

      (d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and


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ê1997 Statutes of Nevada, Page 1981 (Chapter 482, AB 366)ê

 

      (e) Finds by resolution that the project:

             (1) Will provide a public benefit;

             (2) Would be compatible with existing facilities in the area adjacent to the location of the project;

             (3) Will encourage the creation of jobs for the residents of this state;

             (4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and

             (5) If not exempt from the provisions of subsection 2 of NRS 268.527, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.

      2.  The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.

      3.  If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to ensure that all money provided by the city will be expended solely for the purposes of the project.

      Sec. 266.  NRS 278.026 is hereby amended to read as follows:

      278.026  As used in NRS 278.026 to 278.029, inclusive, unless the context otherwise requires:

      1.  “Affected entity” means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include:

      (a) A state agency; or

      (b) A public utility which is subject to regulation by the public [service] utilities commission of Nevada.

      2.  “Facilities plan” means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.

      3.  “Governing board” means the governing board for regional planning created pursuant to NRS 278.0264.

      4.  “Joint planning area” means an area that is the subject of common study and planning by the governing body of a county and one or more cities.

      5.  “Project of regional significance,” with respect to a project proposed by any person other than a public utility, means a project which:

      (a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, cultural or scenic resource;

 


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ê1997 Statutes of Nevada, Page 1982 (Chapter 482, AB 366)ê

 

degradation of a designated historic, archeological, cultural or scenic resource;

      (b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;

      (c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities or the adopted regional form of the region; or

      (d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:

             (1) Employment by not less than 938 employees;

             (2) Housing by not less than 625 units;

             (3) Hotel accommodations by not less than 625 rooms;

             (4) Sewage by not less than 187,500 gallons per day;

             (5) Water usage by not less than 625 acre feet per year; or

             (6) Traffic by not less than an average of 6,250 trips daily.

The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.

      6.  “Project of regional significance,” with respect to a project proposed by a [public] utility, includes:

      (a) An electric substation;

      (b) A transmission line that carries 60 kilovolts or more;

      (c) A facility that generates electricity greater than 5 megawatts;

      (d) Natural gas storage and peak shaving facilities; and

      (e) Gas regulator stations and mains that operate over 100 pounds per square inch.

      7.  “Sphere of influence” means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.

      Sec. 267.  NRS 278.0274 is hereby amended to read as follows:

      278.0274  The comprehensive regional plan must include goals, policies, maps and other documents relating to:

      1.  Population, including a projection of population growth in the region and the resources that will be necessary to support that population.

      2.  Conservation, including policies relating to the use and protection of air, land, water, and other natural resources, ambient air quality, natural recharge areas, floodplains and wetlands, and a map showing the areas that are best suited for development based on those policies.

      3.  Land use and transportation, including the classification of future land uses by density or intensity of development based upon the projected necessity and availability of public facilities and services and natural resources, and the compatibility of development in one area with that of other areas in the region. This portion of the plan must allow for a variety of uses, describe the transportation facilities that will be necessary to satisfy the requirements created by those future uses and must be based upon the policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.


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ê1997 Statutes of Nevada, Page 1983 (Chapter 482, AB 366)ê

 

policies and map relating to conservation that are developed pursuant to subsection 2, surveys, studies and data relating to the area, the amount of land required to accommodate planned growth, the population of the area projected pursuant to subsection 1, and the characteristics of undeveloped land in the area.

      4.  Public facilities and services, including provisions relating to sanitary sewer facilities, solid waste, flood control, potable water and ground-water aquifer recharge which are correlated with principles and guidelines for future land uses, and which specify ways to satisfy the requirements created by those future uses. This portion of the plan must describe the problems and needs of the area relating to public facilities and services and the general facilities that will be required for their solution and satisfaction, identify the providers of public services within the region and the area within which each must serve, including service territories set by the public [service] utilities commission of Nevada for public utilities, and must establish the time within which those public facilities and services necessary to support the development relating to land use and transportation must be made available to satisfy the requirements created by that development.

      5.  Annexation, including the identification of spheres of influence for each unit of local government, improvement district or other service district and specifying standards and policies for changing the boundaries of a sphere of influence and procedures for the review of development within each sphere of influence. As used in this subsection, “sphere of influence” means an area into which a political subdivision may expand in the foreseeable future.

      6.  Intergovernmental coordination, including the establishment of guidelines for determining whether local master plans and facilities plans conform with the comprehensive regional plan.

      7.  Any utility project required to be reported pursuant to NRS 278.145.

      Sec. 268.  NRS 278.0282 is hereby amended to read as follows:

      278.0282  1.  Before the adoption or amendment of any master plan, facilities plan or other similar plan, each governing body and any other affected entity shall submit the proposed plan or amendment to the regional planning commission, which shall review the plan or amendment at one or more public hearings held within 60 days after its receipt of that plan or amendment and determine whether the proposed plan or amendment conforms with the comprehensive regional plan. The commission shall specify those parts of the plan or amendment, if any, that are not in conformance and why they fail to conform.

      2.  Before the adoption or amendment of any master plan, facilities plan or other similar plan by a state agency or a public utility whose plan must be approved by the public [service] utilities commission of Nevada, the agency or utility shall submit the proposed plan or amendment to the regional planning commission, which shall, within 60 days after its receipt, review the plan or amendment and offer suggestions to the agency or utility regarding the conformance of the plan with the comprehensive regional plan.

      3.  Except as otherwise provided in NRS 278.028, a local governing body or any other affected entity shall not adopt a master plan, facilities plan or other similar plan, or any amendment to any of those plans, unless the regional planning commission has determined that the plan or amendment is in conformance with the comprehensive regional plan.


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ê1997 Statutes of Nevada, Page 1984 (Chapter 482, AB 366)ê

 

plan or other similar plan, or any amendment to any of those plans, unless the regional planning commission has determined that the plan or amendment is in conformance with the comprehensive regional plan. A proposed plan is in conformance with the comprehensive regional plan if it is not in conflict with the comprehensive regional plan and it promotes the goals and policies of the comprehensive regional plan.

      4.  If the regional planning commission fails to make a determination within 60 days after its receipt from an affected entity or local governing body of a proposed plan or amendment pursuant to this section, the plan or amendment shall be deemed to be in conformance with the comprehensive regional plan.

      5.  An affected entity or a local governing body which has submitted a proposed plan and which disagrees with the reasons given by the regional planning commission for making a determination of nonconformance pursuant to this section, may file an objection with the regional planning commission within 45 days after the issuance of that determination. The affected entity or local governing body shall attach its reasons why the plan is in conformance with the comprehensive regional plan. The regional planning commission shall consider the objection and issue its final determination of conformance or nonconformance within 45 days after the objection is filed. The determination may be appealed to the governing board not later than 30 days after its issuance.

      6.  Within 45 days after its receipt of an appeal, the governing board shall consider the appeal and issue its decision, which must be made by the affirmative votes of a simple majority of its total membership. If the board affirms the determination of the commission, the affected entity or local governing body shall, within 60 days after the issuance of the decision, propose revisions to the plan and resubmit the plan together with those proposed revisions to the commission for review in accordance with the provisions of this section.

      7.  Any determination of conformance made by the commission pursuant to this section must be made by the affirmative votes of not less than two-thirds of its total membership.

      Sec. 269.  NRS 278.335 is hereby amended to read as follows:

      278.335  1.  A copy of the tentative map must be forwarded by the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, to the division of water resources and the division of environmental protection of the state department of conservation and natural resources, and the health division of the department of human resources or the district board of health acting for the health division pursuant to subsection 2, for review.

      2.  In a county whose population is 100,000 or more, if the county and one or more incorporated cities in the county have established a district board of health, the authority of the health division to review and certify proposed subdivisions and conduct construction or installation inspections must be exercised by the district board of health.

      3.  A district board of health which conducts reviews and inspections under this section shall consider all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities.


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sewage disposal, water pollution, water quality and water supply facilities. At least four times annually, the district board of health shall notify the health division of the department of human resources which subdivisions met these requirements of law and have been certified by the district board of health.

      4.  The state is not chargeable with any expense incurred by a district board of health acting pursuant to this section.

      5.  Each reviewing agency shall, within 15 days [from] after the receipt of the tentative map, file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.

      6.  The planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall, for informational purposes only, immediately forward a copy of the tentative map to the public [service] utilities commission of Nevada for any subdivision which will provide water or services for the disposal of sewage and is subject to the provisions of NRS 704.679. The public [service] utilities commission of Nevada shall acknowledge receipt of the tentative map within 15 days after it is received.

      Sec. 270.  NRS 281.100 is hereby amended to read as follows:

      281.100  1.  Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are employed by the State of Nevada, or by any county, city, town, township or other political subdivision thereof, are limited to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.

      2.  The period of daily employment mentioned in this section commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.

      3.  This section does not apply to:

      (a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof, or employees of the state whose employment is governed by NRS 284.148.

      (b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who:

             (1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers;

             (2) Chose and are approved for a variable workday or variable 80-hour work schedules within a biweekly pay period;

             (3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 work week;

             (4) Are executive, administrative, professional or supervisory employees; or

             (5) Are covered by a collective bargaining agreement which establishes hours of service.

      (c) Employees of the legislative counsel bureau.


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      (d) Work done directly by any public utility company pursuant to an order of the public [service] utilities commission of Nevada or other public authority.

      4.  Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, but subject to any agreement made pursuant to NRS 284.181, to work more than the number of hours limited. If so permitted or required, he is entitled to receive, at the discretion of the responsible officer:

      (a) Compensatory vacation time; or

      (b) Overtime pay.

      5.  Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as provided in this section, is guilty of a misdemeanor.

      Sec. 271.  NRS 281.236 is hereby amended to read as follows:

      281.236  1.  A public utility or parent organization or subsidiary of a public utility shall not employ a former member of the public [service] utilities commission of Nevada for 1 year after the termination of his service on the commission.

      2.  A person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada gaming commission pursuant to chapter 463 of NRS shall not employ a former member of the state gaming control board or the Nevada gaming commission for 1 year after the termination of the member’s service on the board or commission.

      3.  In addition to the prohibitions set forth in subsections 1 and 2, a business or industry whose activities are governed by regulations adopted by a department, division or other agency of the executive branch of government shall not, except as otherwise provided in subsection 4, employ a former public officer or employee of the agency, except a clerical employee, for 1 year after the termination of his service or period of employment if:

      (a) His principal duties included the formulation of policy contained in the regulations governing the business or industry;

      (b) During the immediately preceding year he directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ him; or

      (c) As a result of his governmental service or employment, he possesses knowledge of the trade secrets of a direct business competitor.

      4.  A public officer or employee may request the commission on ethics to apply the relevant facts in his case to the provisions of subsection 3 and determine whether relief from the strict application of the provisions is proper. If the commission on ethics determines that relief from the strict application of the provisions of subsection 3 is not contrary to:

      (a) The best interests of the public;

      (b) The continued integrity of state government; and

      (c) The code of ethical standards prescribed in NRS 281.481, it may issue an order to that effect and grant such relief.


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ê1997 Statutes of Nevada, Page 1987 (Chapter 482, AB 366)ê

 

it may issue an order to that effect and grant such relief. The decision of the commission on ethics in such a case is subject to judicial review.

      5.  As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038.

      Sec. 272.  NRS 289.320 is hereby amended to read as follows:

      289.320  An employee of the [public service commission of Nevada] transportation services authority whom it designates as an inspector or as manager of transportation is a peace officer and has police power for the enforcement of the provisions of:

      1.  Chapters [704, 705 and] 706 and 712 of NRS and all regulations of the [commission] transportation services authority or the department of motor vehicles and public safety pertaining thereto; and

      2.  Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.

      Sec. 273.  NRS 309.415 is hereby amended to read as follows:

      309.415  1.  In exercising powers primarily relating to the fulfillment of water purposes or sewer purposes, or both, districts heretofore or hereafter organized under this chapter shall not be subject to regulation or supervision in any way by the public [service] utilities commission of Nevada.

      2.  Nothing contained in subsection 1 shall be construed to limit:

      (a) The power of the board of county commissioners or a member thereof granted by the provisions of NRS 309.270; or

      (b) The supremacy of the state board of health in health matters as declared in NRS 439.150.

      Sec. 274.  NRS 338.135 is hereby amended to read as follows:

      338.135  [Where] a truck or truck and trailer combination is rented or leased after April 22, 1969, by a contractor or subcontractor on a public work, the hourly rate for the rental or lease of such truck or truck and trailer combination [shall,] must, when added to the prevailing rate of wages required by NRS 338.020 for the driver, not be less than the hourly rate for similar vehicles with a driver as such hourly rate appears in freight tariffs approved by the [public service commission of Nevada] transportation services authority for the area in which the public work is located.

      Sec. 275.  NRS 354.59881 is hereby amended to read as follows:

      354.59881  As used in NRS 354.59881 to 354.59889, inclusive, unless the context otherwise requires:

      1.  “Customer” does not include any customer of a provider of a telecommunication service other than a retail customer.

      2.  “Fee” means a charge imposed upon a public utility for a business license, a franchise or a right of way over streets or other public areas, except any paid pursuant to the provisions of NRS 709.110, 709.230 or 709.270.

      3.  “Jurisdiction” means:

      (a) In the case of a city, the corporate limits of the city.

      (b) In the case of a county, the unincorporated area of the county.

      4.  “Public utility” means a person or local government that provides:


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ê1997 Statutes of Nevada, Page 1988 (Chapter 482, AB 366)ê

 

      (a) Electric energy or gas, whether or not the person or local government is subject to regulation by the public [service] utilities commission of Nevada;

      (b) A telecommunication service, if the person or local government holds a certificate of public convenience and necessity issued by the public [service] utilities commission of Nevada and derives intrastate revenue from the provision of that service to retail customers; or

      (c) A commercial mobile radio service as that term is defined in 47 C.F.R. § 20.3 on July 5, 1995.

      5.  “Revenue” does not include:

      (a) Any proceeds from the interstate sale of natural gas to a provider of electric energy which holds a certificate of public convenience and necessity issued by the public [service] utilities commission of Nevada.

      (b) Any revenue of a provider of a telecommunication service other than intrastate revenue.

      Sec. 276.  NRS 354.59883 is hereby amended to read as follows:

      354.59883  A city or county shall not adopt an ordinance imposing or increasing a fee:

      1.  If that ordinance would alter the terms of any existing franchise agreement between the city or county and a public utility.

      2.  That applies to any public utility which does not derive revenue from customers located within the jurisdiction of the city or county.

      3.  If, after the adoption of the ordinance:

      (a) Any part of a fee to which the ordinance applies will be based upon any revenue of a public utility other than its revenue from customers located within the jurisdiction of the city or county.

      (b) The total cumulative amount of all fees the city or county imposes upon a public utility to which the ordinance applies will exceed:

             (1) Except as otherwise provided in subparagraph (2), 5 percent of the utility’s gross revenue from customers located within the jurisdiction of the city or county.

             (2) For a public utility that provides a commercial mobile radio service, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers located within the jurisdiction of the city or county. For the purposes of this subparagraph, “commercial mobile radio service” has the meaning ascribed to it in Part 20 of Title 47 of the Code of Federal Regulations.

      Sec. 277.  NRS 354.59889 is hereby amended to read as follows:

      354.59889  [Except as otherwise provided by agreement with all the affected public utilities:]

      1.  A city or county shall not change any of its fees except through the adoption of an ordinance which provides that the change does not become effective until at least 60 days after the effective date of the ordinance.

      2.  The cumulative amount of any increases in fees imposed by a city or county during any period of 24 months must not exceed 1 percent of the gross revenue of any public utility to which the increase applies from customers located within the jurisdiction of that city or county.


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ê1997 Statutes of Nevada, Page 1989 (Chapter 482, AB 366)ê

 

      Sec. 278.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada tax commission commencing on the [1st] first Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which must in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. This valuation must not include the value of vehicles as defined in NRS 371.020.

      2.  Except as otherwise provided in subsection 3 and NRS 361.323, the commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the commission shall then determine the total aggregate mileage operated within the state and within its several counties, and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the commission.

      3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the commission shall segregate the value of any project in this state for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

      4.  The Nevada tax commission shall adopt formulas, and cause them to be incorporated in its records, providing the method or methods pursued in fixing and establishing the taxable value of all franchises and property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income, stock and debt, and the cost of its assets.

      5.  If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada tax commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada tax commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to qualified facilities, as defined in 18 C.F.R. § 292.101, which were constructed before July 1, 1997.


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ê1997 Statutes of Nevada, Page 1990 (Chapter 482, AB 366)ê

 

      6.  As used in this section , [the word] “company” means any person, company, corporation or association engaged in the business described.

      [6.] 7.  All other property must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.

      [7.] 8.  On or before November 1 of each year , the department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the department which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the state must be transmitted directly to the state treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the state general fund. The department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the attorney general may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due [under] pursuant to this subsection in the manner provided in NRS 361.560.

      Sec. 279.  NRS 361B.170 is hereby amended to read as follows:

      361B.170  1.  Except as otherwise provided in subsections 2 and 3, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved pursuant to chapter 274 of NRS, to create a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, including, without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.

      2.  The right of way property of a railroad company which is under the jurisdiction of the Surface Transportation Board must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.

      3.  The taxable property of a tax increment area must not be included in any subsequently created tax increment area until at least 50 years after the effective date of creation of the first tax increment area in which the property was included.

      Sec. 280.  NRS 362.120 is hereby amended to read as follows:

      362.120  1.  The department shall, from the statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the period covered by the statement.

      2.  The gross yield must include the value of any mineral extracted which was:


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ê1997 Statutes of Nevada, Page 1991 (Chapter 482, AB 366)ê

 

      (a) Sold;

      (b) Exchanged for any thing or service;

      (c) Removed from the state in a form ready for use or sale; or

      (d) Used in a manufacturing process or in providing a service,

during the period covered by the statement.

      3.  The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

      (a) The actual cost of extracting the mineral.

      (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

      (c) The actual cost of reduction, refining and sale.

      (d) The actual cost of marketing and delivering the mineral and the conversion of the mineral into money.

      (e) The actual cost of maintenance and repairs of:

             (1) All machinery, equipment, apparatus and facilities used in the mine.

             (2) All milling, refining, smelting and reduction works, plants and facilities.

             (3) All facilities and equipment for transportation except those that are under the jurisdiction of the public [service] utilities commission of Nevada [as public utilities.] or the transportation services authority.

      (f) The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).

      (g) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada tax commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

      (h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.

      (i) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

      (j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit.

      (k) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee , or both.

      4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

      5.  Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the department on forms provided by the department.


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ê1997 Statutes of Nevada, Page 1992 (Chapter 482, AB 366)ê

 

subsection 3 shall report those expenses and the recipient of any royalty to the department on forms provided by the department.

      6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

      (a) The working of the mine;

      (b) The operating of the mill, smelter or reduction works;

      (c) The operating of the facilities or equipment for transportation;

      (d) Superintending the management of any of those operations; or

      (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations.

      Sec. 281.  NRS 373.117 is hereby amended to read as follows:

      373.117  1.  A regional transportation commission may establish or operate a public transit system consisting of regular routes and fixed schedules to serve the public.

      2.  A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

      3.  In a county whose population is less than 400,000, such a system may also provide service which includes:

      (a) Minor deviations from regular routes and fixed schedules on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

      (b) The transporting of persons upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the [public service commission of Nevada] transportation services authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the [public service commission] transportation services authority for a fully regulated carrier.

      4.  As used in this section:

      (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the [public service commission of Nevada] transportation services authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the [commission.] transportation services authority.

      (b) “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.

      Sec. 282.  NRS 377A.140 is hereby amended to read as follows:

      377A.140  1.  Except as otherwise provided in subsection 2, a public transit system in a county whose population is 400,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:

      (a) Programs to reduce or manage motor vehicle traffic; and

      (b) Any other services for public mass transportation which are requested by the general public, if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C.


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ê1997 Statutes of Nevada, Page 1993 (Chapter 482, AB 366)ê

 

if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

      2.  Before a regional transportation commission may provide for on-call public mass transportation in an area of the county, the commission must receive a determination from the [public service commission of Nevada and the taxicab] transportation services authority that:

      (a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or

      (b) Although there are common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.

      3.  As used in this section:

      (a) “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.

      (b) “On-call public mass transportation” means a system established to transport by vehicle passengers who request such transportation on demand.

      Sec. 283.  NRS 392.330 is hereby amended to read as follows:

      392.330  1.  In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for arranging and paying for transportation by motor vehicles or otherwise, by contract or such other arrangement as the board finds most economical, expedient and feasible and for the best interests of the school district.

      2.  Such transportation may be arranged and contracted for by a board of trustees with:

      (a) Any railroad company [, bus company, or other licensed common carrier] holding a certificate of public convenience and necessity issued by the public [service] utilities commission of Nevada [.] or bus company or other licensed common carrier holding a certificate of public convenience and necessity issued by the transportation services authority.

      (b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils [shall] must be insured in the amount required by regulation of the state board of education against the loss and damage described in subsection 2 of NRS 392.320.

      Sec. 284.  NRS 405.195 is hereby amended to read as follows:

      405.195