Link to Page 1570

 

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ê2001 Statutes of Nevada, Page 1571ê

 

CHAPTER 332, AB 431

Assembly Bill No. 431–Assemblyman Oceguera

 

CHAPTER 332

 

AN ACT relating to the public employees’ retirement system; requiring the public employees’ retirement board to conduct a study regarding lump-sum optional retirement programs; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  The public employees’ retirement board shall conduct a study regarding lump-sum optional retirement programs, including, without limitation, deferred retirement option plans, to determine whether one or more of such programs would be beneficial for members of the public employees’ retirement system and participating public employers.

    2.  The public employees’ retirement board shall submit a final report of the study to the legislative commission on or before August 1, 2002. If applicable, the final report must contain recommendations for legislation to carry out one or more lump-sum optional retirement programs.

    Sec. 2.  This act becomes effective on July 1, 2001.

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CHAPTER 333, AB 601

Assembly Bill No. 601–Committee on Ways and Means

 

CHAPTER 333

 

AN ACT relating to state financial administration; restricting the ability of a state agency to enter into certain agreements to purchase real property; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Before a state agency or person acting on the behalf of a state agency may enter into a long-term agreement to purchase unimproved real property, improved real property or improvements to real property, the purchase must be approved by the legislature by concurrent resolution or statute or as part of the budget of the state agency, or by the interim finance committee when the legislature is not in regular session.

    2.  This section does not affect any agreement, including, without limitation, a long-term agreement, to purchase personal property.

    3.  As used in this section:

    (a) “Long-term agreement” means an agreement to purchase property, in the form of a lease or an agreement to pay in installments, pursuant to which the State of Nevada or a state agency may pay the purchase price of the property over a period that extends beyond the biennium in which the agreement is executed, including, without limitation:


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ê2001 Statutes of Nevada, Page 1572 (Chapter 333, AB 601)ê

 

the property over a period that extends beyond the biennium in which the agreement is executed, including, without limitation:

         (1) An agreement pursuant to which the State of Nevada or a state agency may acquire the property that is the subject of the agreement at the end of the term of the agreement or the end of the term of a renewal of the agreement upon payment of no additional consideration or nominal additional consideration; and

         (2) An agreement that, for the purposes of federal income tax, is treated as an agreement for conditional sale.

    (b) “State agency” means an agency, bureau, board, commission, department, division or any other unit of the government of this state that is required to submit information to the chief pursuant to subsection 1 or 6 of NRS 353.210.

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

________

 

CHAPTER 334, SB 221

Senate Bill No. 221–Committee on Natural Resources

 

CHAPTER 334

 

AN ACT relating to taxation; authorizing the City Council of the City of Reno to increase the tax on the rental of transient lodging and levy special assessments in a certain area of the City of Reno to pay the costs of certain capital improvement projects; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

    Whereas, The Legislature hereby finds and declares that a general law cannot be made applicable for all provisions of this act because of the economic and geographical diversity of the local governments of this state, the unique growth patterns in those local governments, the patterns of the business of tourism in Washoe County and the special conditions experienced in the City of Reno related to the need to revitalize specific areas of downtown Reno to promote tourism; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 432, Statutes of Nevada 1999, at page 2011, is hereby amended by adding thereto a new section to be designated as section 6.5, immediately following section 6, to read as follows:

    Sec. 6.5.  1.  The City Council of the City of Reno may by ordinance create a local improvement district and levy special assessments within that district to provide money to acquire, establish, construct, expand, equip, improve, operate and maintain capital improvement projects which have been approved by the Truckee Meadows Tourism Facility and Revitalization Steering Committee pursuant to subsection 2 of section 6 of this act. If the City Council creates a local improvement district pursuant to this subsection:

    (a) Except as otherwise provided in this section, the creation of the local improvement district and the levying of the special assessments within that district must be carried out in the manner provided for a street beautification project in chapter 271 of NRS; and


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ê2001 Statutes of Nevada, Page 1573 (Chapter 334, SB 221)ê

 

    (b) The boundaries of the local improvement district must be as prescribed by the City Council in the ordinance creating the district, except that the boundaries must include only property that is located in or within 4 city blocks, as determined by the City Council, of a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    2.  Any special assessments levied pursuant to this section must be apportioned based on the special benefit derived by the property being assessed from the capital improvement project for which the assessment is being levied. The City Council may use one or any combination of the following methods that, in the determination of the City Council, reflects most accurately the special benefits derived by the property so assessed:

    (a) A method by which the assessment or a portion thereof is proportionate to the assessed value of the property for purposes of ad valorem taxation, as that value may change from year to year;

    (b) A method by which the assessment or a portion thereof is proportionate to the number of rooms for which the owner of the property pays the tax on the rental of transient lodging, as that number of rooms may change from year to year;

    (c) A method by which the assessment or a portion thereof is proportionate to, or otherwise related to, the distance of the property from the project for which the assessment is being levied; or

    (d) A method by which the assessment or a portion thereof is proportionate to the gross or net square footage of the property that is used for retail sales, gaming, transient lodging or for any other purpose determined by the City Council to be specially benefited by the project for which the assessment is being levied, as that square footage may change from year to year.

    3.  The City Council may determine that certain uses of property will not be specially benefited by a capital improvement project for which the local improvement district is being created. If the City Council makes such a determination, the City Council shall set forth in the ordinance creating the local improvement district:

    (a) The uses of property that the City Council has determined will not be specially benefited by a capital improvement project for which the local improvement district is being created;

    (b) A date in each year after the creation of the local improvement district on which the City Council will determine whether each property within the local improvement district is being used, in whole or in part, for such a specified nonbenefited use;

    (c) Whether a property that is used in part for such a specified nonbenefited use will be assessed and, if so, whether and in what manner the assessment will be reduced to reflect the specified nonbenefited use; and

    (d) Any other matter that the City Council determines is necessary or desirable in connection with the assessment of properties based in whole or in part on the use of the properties on the date in each year established pursuant to paragraph (b).


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ê2001 Statutes of Nevada, Page 1574 (Chapter 334, SB 221)ê

 

    4.  The assessments set forth in the assessment roll with regard to which a hearing is held pursuant to NRS 271.380 must reflect the adjustments, if any, made to assessments based on the use of a property, in whole or in part, for one or more of the nonbenefited uses specified in the ordinance creating the local improvement district pursuant to subsection 3. In addition to the requirements of subsection 2 of NRS 271.380, the notice of hearing must state that:

    (a) Any adjustment to the assessments based on the uses made of certain properties as of the date specified pursuant to paragraph (b) of subsection 3 are shown on the assessment roll; and

    (b) A person who objects to the assessment roll, an adjustment to the assessment roll or any determination made by the City Council in connection with the assessment roll or an adjustment thereto must file an objection in writing in the manner and within the period prescribed by paragraph (e) of subsection 2 of NRS 271.380 and if he fails to do so, his objection shall be deemed waived.

    5.  Notwithstanding the method or methods of apportionment selected pursuant to subsection 2, the City Council shall, if it determines that an equitable adjustment is appropriate, make an equitable adjustment to an assessment against an irregularly shaped property for which the selected method or methods of apportionment do not result in an assessment that is in proportion to the special benefit that the property derives from the project for which the assessment is being levied.

    6.  An assessment apportioned pursuant to the method described in paragraph (a) of subsection 2 must not be considered a property tax for the purpose of any limitation on the rate of property taxation.

    7.  The following determinations made by the City Council are conclusive in the absence of fraud or a gross abuse of discretion:

    (a) The boundaries of the local improvement district, the specification of uses of properties that are not specially benefited by a capital improvement project for which the assessments are being levied, the method or methods of apportioning the assessments and the special benefits to be derived from the project by the properties being assessed, as made after a hearing on the provisional order for the local improvement district as provided in chapter 271 of NRS; and

    (b) The apportionment of the assessments against properties in the local improvement district in each year after the creation of the local improvement district, whether or not a property is being used, in whole or in part, for a use that is specified in the ordinance creating the local improvement district as a use which is not specially benefited by the capital improvement project for which the assessments are being levied and any other matter concerning the amounts of the assessments against properties, as made after the hearing held on the assessments in the manner provided in NRS 271.378.

    Sec. 2.  Section 1 of chapter 432, Statutes of Nevada 1999, at page 2012, is hereby amended to read as follows:

    Section 1.  1.  A tax at the rate of:

    (a) Three percent of the gross receipts from the rental of transient lodging is hereby imposed in:

         (1) The unincorporated area of Washoe County; and


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ê2001 Statutes of Nevada, Page 1575 (Chapter 334, SB 221)ê

 

         (2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    (b) Two percent of the gross receipts from the rental of transient lodging is hereby imposed in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    (c) An additional 1 1/2 percent of the gross receipts from the rental of transient lodging is hereby authorized to be imposed by the City Council of the City of Reno on or after July 1, 2001, in an area determined by the City Council to specially benefit from the capital improvement projects financed by bonds issued by the Reno Redevelopment Agency pursuant to section 2 of this act. Such an area may include only property located in or within 4 city blocks, as determined by the City Council, of the district described in paragraph (b). The determination of the City Council of such an area is conclusive in the absence of fraud or a gross abuse of discretion.

    2.  The [tax] taxes imposed pursuant to this section must:

    (a) Be in addition to all other taxes imposed on the revenue from the rental of transient lodging in Washoe County and the incorporated cities in Washoe County;

    (b) Be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 244.3352;

    (c) Be paid to the Reno/Sparks Convention and Visitors Authority, which shall distribute the proceeds from the [tax] taxes in the manner set forth in section 2 of this act; and

    (d) Not be collected after the date on which the notes, bonds and other obligations described in subsections 1 and 2 of section 2 of this act have been fully paid.

    3.  All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the Truckee Meadows Tourism Facility and Revitalization Steering Committee and the Sparks Tourism and Marketing Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the [tax] taxes imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.

    4.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section.

    Sec. 3.  Section 2 of chapter 432, Statutes of Nevada 1999, at page 2012, is hereby amended to read as follows:

    Sec. 2.  The proceeds of the [tax] taxes imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:

    1.  An amount equal to:

    (a) Two-thirds of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in:


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ê2001 Statutes of Nevada, Page 1576 (Chapter 334, SB 221)ê

 

         (1) The unincorporated area of Washoe County; and

         (2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and

    (b) All of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of section 1 of this act collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,

must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the [tax] taxes pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.

    2.  From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the [tax] taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:

    (a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and

    (b) One-third for the support of the National Bowling Stadium,

until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection and all of the proceeds of the tax imposed pursuant to paragraph (c) of subsection 1 of section 1 of this act must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand , [and] equip , improve, operate and maintain such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.


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ê2001 Statutes of Nevada, Page 1577 (Chapter 334, SB 221)ê

 

    3.  From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:

    (a) On July 1, 2000, an amount not to exceed $100,000.

    (b) On July 1, 2001, an amount not to exceed $100,000.

    (c) On July 1, 2002, an amount not to exceed $200,000.

    (d) On July 1, 2003, an amount not to exceed $200,000.

    (e) On July 1, 2004, an amount not to exceed $250,000.

    (f) On July 1, 2005, an amount not to exceed $250,000.

    (g) On July 1, 2006, an amount not to exceed $350,000.

    (h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the [tax] taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any.

    4.  The remainder of the one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:

    (a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor and the payment of general and special obligations issued for those purposes.

    (b) One‑third to be used as set forth in subsection 2.

    Sec. 4.  Section 6 of chapter 432, Statutes of Nevada 1999, at page 2015, is hereby amended to read as follows:

    Sec. 6.  1.  The Truckee Meadows Tourism Facility and Revitalization Steering Committee shall develop a master plan which identifies:

    (a) Proposed capital improvement projects that the Committee determines to be advisable to promote tourism in Washoe County; and

    (b) The method or methods pursuant to which the proposed capital improvement projects identified in paragraph (a) will be financed.

    2.  Capital improvement projects identified pursuant to this section must be:

    (a) Approved by a two-thirds vote of the members of the Committee; and


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ê2001 Statutes of Nevada, Page 1578 (Chapter 334, SB 221)ê

 

    (b) Located in or within 2 city blocks, as determined by the Committee, of a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects.

    3.  The Reno Redevelopment Agency may enter into a contract with an entity whose members, shareholders or partners include, or that is owned or controlled by, one or more of the businesses located in or within 4 city blocks, as determined by the City Council of the City of Reno, of the district described in paragraph (b) of subsection 2 pursuant to which the entity is authorized to acquire, establish, construct, expand, equip, improve, own, operate and maintain capital improvement projects identified pursuant to this section. The provisions of any law requiring competitive bidding, including, without limitation, chapters 279, 332 and 338 of NRS, do not apply to:

    (a) A contract entered into pursuant to this subsection between the Reno Redevelopment Agency and such an entity; or

    (b) A contract pursuant to which such an entity acquires, establishes, constructs, expands, equips, improves, owns, operates or maintains a capital improvement project identified pursuant to this section.

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

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CHAPTER 335, SB 227

Senate Bill No. 227–Committee on Government Affairs

 

CHAPTER 335

 

AN ACT relating to taxation; revising the requirements for certain property of recycling businesses to be exempt from taxation; revising, for a limited period, certain partial abatements from taxation for facilities for the generation of electricity from renewable energy; repealing the provisions that exempt from taxation certain property of businesses that use a facility for the production of electrical energy from solar energy; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 361.0685 is hereby amended to read as follows:

    361.0685  1.  Except as otherwise provided in this section, if a:

    (a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site; or

    (b) Business that includes as a primary component a facility for the [production of electrical energy] generation of electricity from recycled material,

is found by the commission on economic development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the commission on economic development pursuant to NRS [231.139, 75 percent of the personal and real property of the business is exempt from taxation.


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ê2001 Statutes of Nevada, Page 1579 (Chapter 335, SB 227)ê

 

percent of the personal and real property of the business is exempt from taxation.

    2.  Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in this state for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the period for which the exemption was granted or until the business discontinues in operation in this state, whichever occurs first.

    3.  The exemption] 360.750, the commission may, if the business additionally satisfies the requirements set forth in subsection 2 of NRS 361.0687, grant to the business a partial abatement from the taxes imposed on real property by this chapter.

    2.  If a partial abatement from the taxes imposed on real property by this chapter is approved by the commission on economic development pursuant to NRS 360.750 for a business described in subsection 1:

    (a) The partial abatement must:

         (1) Be for a duration of at least 1 year but not more than 10 years;

         (2) Not exceed 50 percent of the taxes on real property payable by the business each year pursuant to this chapter; and

         (3) Be administered and carried out in the manner set forth in NRS 360.750.

    (b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.

    3.  The partial abatement provided in this section applies only to the business for which certification was granted pursuant to NRS [231.139] 360.750 and the property used in connection with that business. The exemption does not apply to property in this state that is not related to the business for which the certification was granted pursuant to NRS [231.139] 360.750 or to property in existence and subject to taxation before the certification was granted.

    4.  [Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.

    5.] As used in this section, a “facility for the [production of electrical energy] generation of electricity from recycled material” is a facility which uses recycled material as its primary fuel including material from:

    (a) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;

    (b) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and

    (c) Municipal waste, such as sewage and sludge.


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ê2001 Statutes of Nevada, Page 1580 (Chapter 335, SB 227)ê

 

The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.

    Sec. 2.  NRS 361.0687 is hereby amended to read as follows:

    361.0687  1.  A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.

    2.  For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:

    (a) If the business is a new business in a county or city whose population is 50,000 or more:

         (1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and

         (2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

    (b) If the business is a new business in a county or city whose population is less than 50,000:

         (1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and

         (2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

    3.  [If] Except as otherwise provided in NRS 361.0685 and subsection 4, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:

    (a) The partial abatement must:

         (1) Be for a duration of at least 1 year but not more than 10 years;

         (2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and

         (3) Be administered and carried out in the manner set forth in NRS 360.750.

    (b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.

    4.  If a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy:


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ê2001 Statutes of Nevada, Page 1581 (Chapter 335, SB 227)ê

 

    (a) The partial abatement must be:

         (1) For a duration of 10 years;

         (2) Equal to 50 percent of the taxes on real and personal property payable by the facility each year pursuant to this chapter; and

         (3) Administered and carried out in the manner set forth in NRS 360.750.

    (b) The executive director of the commission on economic development shall:

         (1) Notify the county assessor of the county in which the facility is located of the approval of the partial abatement; and

         (2) Advise the county assessor of the county in which the facility is located as to the dates on which the partial abatement will begin and end.

    5.  As used in this section:

    (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

         (1) Agricultural crops and agricultural wastes and residues;

         (2) Wood and wood wastes and residues;

         (3) Animal wastes;

         (4) Municipal wastes; and

         (5) Aquatic plants.

    (b) “Facility for the generation of electricity from renewable energy” means a facility for the generation of electricity that:

         (1) Uses renewable energy as its primary source of energy; and

         (2) Has a generating capacity of at least 10 kilowatts.

The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.

    (c) “Industrial or manufacturing business” does not include a facility for the generation of electricity from renewable energy.

    (d) “Renewable energy” means:

         (1) Biomass;

         (2) Solar energy; or

         (3) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

    Sec. 3.  NRS 361.0687 is hereby amended to read as follows:

    361.0687  1.  A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.

    2.  For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:

    (a) If the business is a new business in a county or city whose population is 50,000 or more:

         (1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and


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ê2001 Statutes of Nevada, Page 1582 (Chapter 335, SB 227)ê

 

         (2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

    (b) If the business is a new business in a county or city whose population is less than 50,000:

         (1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and

         (2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

    3.  [If] Except as otherwise provided in NRS 361.0685, if a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:

    (a) The partial abatement must:

         (1) Be for a duration of at least 1 year but not more than 10 years;

         (2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and

         (3) Be administered and carried out in the manner set forth in NRS 360.750.

    (b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.

    Sec. 4.  NRS 361.079 is hereby amended to read as follows:

    361.079  1.  Except as otherwise provided in subsection 2, for any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.

    2.  Value added by a qualified system must not be excluded from the assessed value of a commercial or industrial building during any period in which the business that owns the commercial or industrial building is receiving another abatement or exemption from the taxes imposed by this chapter.

    3.  As used in this section, “qualified system” means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential, commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:

    (a) Energy from the wind or from solar devices not thermally insulated from the area where the energy is used;

    (b) Geothermal resources;

    (c) Energy derived from conversion of solid wastes; or

    (d) [Water power,] Waterpower,

which conforms to standards established by regulation of the department.


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ê2001 Statutes of Nevada, Page 1583 (Chapter 335, SB 227)ê

 

    [2.  For any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.]

    Sec. 5.  NRS 374.357 is hereby amended to read as follows:

    374.357  1.  A person who maintains a business or intends to locate a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to NRS 360.750.

    2.  [If] Except as otherwise provided in subsection 3, if an application for an abatement is approved pursuant to NRS 360.750:

    (a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for not more than 2 years.

    (b) The abatement must be administered and carried out in the manner set forth in NRS 360.750.

    3.  If an application for an abatement is approved pursuant to NRS 360.750 for a facility for the generation of electricity from renewable energy:

    (a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for 2 years.

    (b) The abatement must be administered and carried out in the manner set forth in NRS 360.750.

    4.  As used in this section, unless the context otherwise requires [, “eligible] :

    (a) “Biomass” means any organic matter that is available on a renewable basis, including, without limitation:

         (1) Agricultural crops and agricultural wastes and residues;

         (2) Wood and wood wastes and residues;

         (3) Animal wastes;

         (4) Municipal wastes; and

         (5) Aquatic plants.

    (b) “Eligible machinery or equipment” means :

         (1) If the business that qualifies for the abatement is not a facility for the generation of electricity from renewable energy, machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:

    [(a)] (I) Buildings or the structural components of buildings;

    [(b)] (II) Equipment used by a public utility;

    [(c)] (III) Equipment used for medical treatment;

    [(d)] (IV) Machinery or equipment used in mining; or

    [(e)] (V) Machinery or equipment used in gaming.

         (2) If the business that qualifies for the abatement is a facility for the generation of electricity from renewable energy, all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.

    (c) “Facility for the generation of electricity from renewable energy” means a facility for the generation of electricity that:

         (1) Uses renewable energy as its primary source of energy; and

         (2) Has a generating capacity of at least 10 kilowatts.The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity.


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ê2001 Statutes of Nevada, Page 1584 (Chapter 335, SB 227)ê

 

The term includes all the machinery and equipment that is used in the facility to collect and store the renewable energy and to convert the renewable energy into electricity. The term does not include a facility that is located on residential property.

    (d) “Fuel cell” means a device or contrivance which, through the chemical process of combining ions of hydrogen and oxygen, produces electricity and water.

    (e) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

         (1) Biomass;

         (2) Fuel cells;

         (3) Geothermal energy;

         (4) Solar energy;

         (5) Waterpower; and

         (6) Wind.

The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

    Sec. 6.  NRS 231.139 is hereby amended to read as follows:

    231.139  1.  The commission on economic development shall certify a business for the benefits provided pursuant to NRS 704.223 if the commission finds that:

    (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

    (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

    (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

    (d) The economic benefit to the state of approving the certification exceeds the cost to the state.

    2.  [The commission on economic development shall certify a business for the benefits provided pursuant to NRS 361.0685 if the commission finds that:

    (a) The business is consistent with the state plan for industrial development and diversification and any guidelines adopted pursuant to the plan;

    (b) Establishing the business will require the business to make a capital investment of $15,000,000 in Nevada; and

    (c) The economic benefit to the state of approving the certification exceeds the cost to the state.

    3.] The commission on economic development may:

    (a) Request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the commission pursuant to this section and NRS 704.032.

    (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the commission in investigating and ruling on the application.

    (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

    Sec. 7.  NRS 361.0785 is hereby repealed.


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ê2001 Statutes of Nevada, Page 1585 (Chapter 335, SB 227)ê

 

    Sec. 8.  1.  Except as otherwise provided in this section, notwithstanding subsection 2 of section 9 of this act, if the commission on economic development, during the period from July 1, 2001, through June 30, 2005, grants a partial abatement of tax pursuant to NRS 360.750 for a facility for the production of electricity from renewable energy and the partial abatement is for the tax imposed pursuant to:

    (a) Chapter 361 of NRS, the duration of the partial abatement must be 10 years and the terms and conditions of the partial abatement must be as set forth in NRS 361.0687, as amended by section 2 of this act.

    (b) Chapter 374 of NRS, the duration of the partial abatement must be 2 years and the terms and conditions of the partial abatement must be as set forth in NRS 374.357, as amended by section 5 of this act.

    2.  The provisions of subsection 1 do not prevent the commission on economic development, the department of taxation or the Nevada tax commission from exercising any enforcement authority provided by law to ensure that the facility for which the abatement was granted continues to be operated in a manner that is consistent with the terms and conditions pursuant to which the abatement was granted.

    3.  As used in this section, “facility for the generation of electricity from renewable energy”:

    (a) For the purposes of the partial abatement described in NRS 361.0687, has the meaning ascribed to it in section 2 of this act.

    (b) For the purposes of the partial abatement described in NRS 374.357, has the meaning ascribed to it in section 5 of this act.

    Sec. 9.  1.  This section and sections 1, 2 and 4 to 8, inclusive, of this act become effective on July 1, 2001.

    2.  Sections 2 and 5 of this act expire by limitation on June 30, 2005.

    3.  Section 3 of this act becomes effective on July 1, 2005.

________

 

CHAPTER 336, SB 238

Senate Bill No. 238–Committee on Taxation

 

CHAPTER 336

 

AN ACT relating to taxation; providing certain rights for taxpayers of the tax on the transfer of real property; establishing provisions relating to the collection and enforcement of the tax on the transfer of real property; eliminating certain exemptions from the tax on the transfer of real property; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 375 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.

    Sec. 2.  Section 3 of this act may be cited as the Taxpayers’ Bill of Rights for Taxes on the Transfer of Real Property.

    Sec. 3.  1.  The legislature hereby declares that each taxpayer has the right:

    (a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.


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ê2001 Statutes of Nevada, Page 1586 (Chapter 336, SB 238)ê

 

    (b) To a prompt response from the county recorder to each communication from the taxpayer.

    (c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.

    (d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.

    (e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of real property transfer tax, interest or penalties.

    (f) To recover an overpayment of real property transfer tax promptly upon the final determination of such an overpayment.

    (g) To obtain specific advice from the county recorder concerning real property transfer tax.

    (h) In any meeting with the county recorder, including an audit, conference, interview or hearing:

         (1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;

         (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;

         (3) To make an audio recording using the taxpayer’s equipment and at the taxpayer’s expense; and

         (4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.

    (i) To a full explanation of the authority of the county recorder to collect the real property transfer tax or to collect delinquent real property transfer tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.

    (j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of the real property transfer tax when:

         (1) The tax is paid;

         (2) The period of limitation for collecting the tax expires;

         (3) The lien is the result of an error by the county recorder;

         (4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;

         (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or

         (6) The release of the lien will facilitate the collection of the taxes, interest and penalties.

    (k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.


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ê2001 Statutes of Nevada, Page 1587 (Chapter 336, SB 238)ê

 

    2.  The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

    3.  The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.

    Sec. 4.  The county recorder shall cause:

    1.  To be prepared in simple nontechnical terms a pamphlet setting forth the Taxpayers’ Bill of Rights for Taxes on the Transfer of Real Property.

    2.  A copy of the pamphlet to be distributed:

    (a) To each taxpayer upon request; and

    (b) With each notice to a taxpayer that an audit will be conducted by the county recorder.

    Sec. 5.  The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:

    1.  Keeping of records sufficient for audit purposes;

    2.  Procedures for paying the real property transfer tax; and

    3.  Procedures for challenging any liability for real property transfer tax, penalties or interest and for requesting refunds of erroneously paid real property transfer tax, including the steps for appealing a denial thereof.

    Sec. 6.  The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a real property transfer tax within 30 days after it receives the request.

    Sec. 7.  A taxpayer is entitled to receive on any overpayment of the real property transfer tax a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the real property transfer tax that is paid by a taxpayer.

    Sec. 8.  With regard to the administration of the real property transfer tax, the county recorder shall apply the following principles:

    1.  Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.

    2.  In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.

    3.  Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayer’s liability as predictable as is feasible.

    4.  Exemptions or waivers, where permitted by statute, must be granted:

    (a) Equitably among eligible taxpayers; and

    (b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.

    Sec. 9.  If an officer or employee of the county recorder determines that a taxpayer is entitled to an exemption or has been taxed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:


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ê2001 Statutes of Nevada, Page 1588 (Chapter 336, SB 238)ê

 

    1.  Be given within 30 days after the officer or employee makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and

    2.  If appropriate, include instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment.

    Sec. 10.  The county recorder shall:

    1.  Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.

    2.  Collect real property transfer tax due in an equitable manner, so that every taxpayer pays the full amount imposed by law.

    Sec. 11.  1.  The county recorder may audit all records relating to the collection and calculation of the real property transfer tax. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.

    2.  The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of real property transfer tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

    Sec. 12.  1.  If an audit is conducted by the county recorder pursuant to the provisions of this chapter, the date on which the audit will be completed must be included in the notice to the taxpayer that the audit will be conducted.

    2.  The date on which the audit will be completed may be extended by the county recorder if the county recorder gives prior written notice of the extension to the taxpayer. The notice must include an explanation of the reason or reasons that the extension is required.

    3.  If, after the audit, the county recorder determines that delinquent taxes are due, interest and penalties may not be imposed for the period of the extension if the taxpayer did not request the extension or was not otherwise the cause of the extension.

    Sec. 13.  1.  The county recorder may waive any real property transfer tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:

    (a) The reason for the waiver;

    (b) The amount of the tax, penalty and interest owed by the taxpayer; and

    (c) The amount of the tax, penalty and interest waived by the county.

    2.  If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of the real property transfer tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty or both.


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ê2001 Statutes of Nevada, Page 1589 (Chapter 336, SB 238)ê

 

    3.  If a person proves to the satisfaction of the county recorder that he has in good faith remitted the real property transfer tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or attorney general, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.

    Sec. 14.  Any amount determined to be refundable by the county recorder after an audit must be refunded to the taxpayer. If it is not possible to determine who paid the tax, the refund must be split equally between the seller and buyer.

    Sec. 15.  1.  After reviewing a petition for a refund, the county recorder or his designee shall approve or disapprove the refund. If the county recorder approves the refund, he shall grant the refund to the taxpayer.

    2.  If the county recorder denies a refund, the petitioner may file a written notice of appeal to the county recorder within 45 days after the date the county recorder decides to deny the petition. If notice is not received by the county recorder within 45 days after his decision to deny the petition, the decision of the county recorder is final.

    3.  If the county recorder receives a timely notice of appeal pursuant to subsection 2, he shall set a date for a hearing before a hearing officer and notify the parties of the date, place and time of the hearing.

    Sec. 16.  1.  Any person who is aggrieved by a decision of the county recorder made pursuant to this chapter may appeal the decision by filing a notice of appeal with the county recorder within 30 days after service of the decision upon that person.

    2.  A hearing officer, appointed by the county, may review any decision made by the county recorder and may reverse, affirm or modify any decision of the county recorder. A hearing officer appointed pursuant to this section must not be an employee of the county recorder’s office. A decision of a hearing officer is a final decision for purposes of judicial review.

    3.  Service of a decision made by the county recorder or a hearing officer pursuant to this chapter must be made personally or by certified mail. If service is made by certified mail:

    (a) The decision must be enclosed in an envelope that is addressed to the taxpayer at his address as it appears on the declaration of value or in the records of the county.

    (b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.

    4.  All decisions of the county recorder made pursuant to this chapter are final unless appealed.

    5.  A county recorder or local government that is a party and is aggrieved by the decision of the hearing officer may seek judicial review of the decision in the district court of that county.

    Sec. 17.  In an action relating to a tax imposed pursuant to this chapter, process must be served:

    1.  In accordance with the requirements for service of process set forth in the Nevada Rules of Civil Procedure; or


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ê2001 Statutes of Nevada, Page 1590 (Chapter 336, SB 238)ê

 

    2.  By serving both the buyer and the seller at their place of residence in this state or their last known address.

    Sec. 18.  A certificate by the county recorder stating that real property has been released from a lien imposed pursuant to this chapter is conclusive evidence that the property has been released.

    Sec. 19.  1.  The amounts, including interest and penalties, required to be paid by any person pursuant to this chapter must be satisfied first if:

    (a) The person is insolvent;

    (b) The person makes a voluntary assignment of his assets;

    (c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or

    (d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.

    2.  This section does not give the county recorder a preference over:

    (a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or

    (b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in NRS 150.220.

    Sec. 20.  1.  The county or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax that is administered pursuant to this chapter:

    (a) Within 3 years after the person is delinquent in the payment of the tax; or

    (b) Within 5 years after the last recording of a certificate copy constituting a lien for the tax.

    2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

    3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

    Sec. 21.  The county may pay or advance to the sheriff or constable the same fees, commissions and expenses for acting upon the warrant as are provided by law for acting upon a writ of execution. The county must approve the fees for publication in a newspaper. Approval from a court is not required for the publication.

    Sec. 22.  1.  If a person is delinquent in the payment of the real property transfer tax or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:

    (a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to section 16 of this act.

    (b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.


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ê2001 Statutes of Nevada, Page 1591 (Chapter 336, SB 238)ê

 

    2.  The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trails and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

    3.  In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:

    (a) The determination of the tax or the amount of the tax;

    (b) The delinquency of the amounts; and

    (c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.

    Sec. 23.  The lien may, within 5 years after the date of the judgment or within 5 years after the last extension of the lien in a manner provided in this chapter, be extended by recording in the office of the county recorder a certified copy of the judgment, and from the time of that recording, the lien must be extended upon the property in that county for 5 years unless sooner released or otherwise discharged.

    Sec. 24.  1.  If any real property transfer tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:

    (a) The amount of the real property transfer tax and any interest or penalties due;

    (b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and

    (c) That the county recorder has complied with all procedures required by law for determining the amount due.

    2.  From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:

    (a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or

    (b) A demand for payment if the property has been sold or otherwise transferred to another person.

    3.  The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.

    4.  Within 5 years after the date of the judgment or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a certified copy of the judgment in the office of the county recorder. From the time of recording the judgment, the lien is extended for 5 years, unless sooner released or otherwise discharged.

    Sec. 25.  NRS 375.010 is hereby amended to read as follows:

    375.010  The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:

    1.  “Buyer” means a person or other legal entity acquiring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantee or other transferee of real property.


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ê2001 Statutes of Nevada, Page 1592 (Chapter 336, SB 238)ê

 

    2.  “Deed” means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years , [or] an easement [.] , a deed of trust or common law mortgage instrument that encumbers real property, an affidavit of surviving tenant or a conveyance of a right of way.

    3.  “Escrow” means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.

    4.  “Seller” means a person or other legal entity transferring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantor or other transferor of real property.

    5.  “Value” means:

    (a) In the case of any deed not a gift, the amount of the full [, actual consideration] purchase price paid or to be paid for the real property . [, excluding the amount of any lien or liens assumed.]

    (b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated [price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.] fair market value of the property.

As used in this section, “estimated fair market value” means the estimated price the real property would bring on the open market in a sale between a willing buyer and a willing seller. Such price may be derived from the assessor’s taxable value or the prior purchase price, if the prior purchase was within the 5 years immediately preceding the date of valuation, whichever is higher.

    Sec. 26.  NRS 375.020 is hereby amended to read as follows:

    375.020  1.  A tax, at the rate of:

    (a) In a county whose population is 400,000 or more, $1.25; and

    (b) In a county whose population is less than 400,000, 65 cents,

for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed [, exclusive of the value of any lien or encumbrance remaining on the interest or property at the time of sale,] exceeds $100.

    2.  The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

    Sec. 27.  NRS 375.030 is hereby amended to read as follows:

    375.030  1.  If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.


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ê2001 Statutes of Nevada, Page 1593 (Chapter 336, SB 238)ê

 

    2.  The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 or any penalties or interest imposed pursuant to subsection 3.

    3.  If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer [or seller, or both,] and seller of the additional amount of tax due. [In addition to the additional amount determined to be due,] If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 [1/2] percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.

    4.  This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

    Sec. 28.  NRS 375.090 is hereby amended to read as follows:

    375.090  The tax imposed by NRS 375.020 and 375.025 does not apply to:

    1.  [Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.] A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.

    2.  A transfer of title to [or from] the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.

    3.  A transfer of title recognizing the true status of ownership of the real property.

    4.  A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.

    5.  A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.

    6.  A transfer of title between spouses, including gifts.

    7.  A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.

    8.  A transfer of title to or from a trust, if the transfer is made without consideration [.] , and is made to or from:

    (a) The trustor of the trust;

    (b) The trustor’s legal representative; or

    (c) A person related to the trustor in the first degree of consanguinity.As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.


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ê2001 Statutes of Nevada, Page 1594 (Chapter 336, SB 238)ê

 

As used in this subsection, “legal representative” has the meaning ascribed to it in NRS 167.020.

    9.  Transfers, assignments or conveyances of unpatented mines or mining claims.

    10.  A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.

    11.  A transfer, assignment or conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.

    12.  The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:

    (a) Confirmed under the Bankruptcy Act, as amended, [Title 11 of U.S.C.;] 11 U.S.C. §§ 101 et seq.;

    (b) Approved in an equity receivership proceeding involving a railroad , as defined in the Bankruptcy Act; or

    (c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act , [; or

    (d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary of an affiliated corporation,]

if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.

    13.  The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:

    (a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;

    (b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and

    (c) The transfer or conveyance is made in obedience to the order.

    14.  A transfer to [or from] an educational foundation. As used in this subsection, “educational foundation” has the meaning ascribed to it in subsection 3 of NRS 388.750.

    15.  A transfer to [or from] a university foundation. As used in this subsection, “university foundation” has the meaning ascribed to it in subsection 3 of NRS 396.405.

    16.  A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, “corporation sole” means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.

    Sec. 29.  NRS 375.100 is hereby amended to read as follows:

    375.100  The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter if the tax has not been paid [.] and is not subject to liability for refusing to record a deed or conveyance for which a tax imposed pursuant to this chapter has not been paid.


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ê2001 Statutes of Nevada, Page 1595 (Chapter 336, SB 238)ê

 

    Sec. 30.  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. 31.  1.  This section and sections 1 to 12, inclusive, and 24 to 30, inclusive, of this act become effective on October 1, 2001.

    2.  Sections 13 to 23, inclusive, of this act become effective on January 1, 2002.

________

 

CHAPTER 337, SB 381

Senate Bill No. 381–Senator Jacobsen

 

CHAPTER 337

 

AN ACT relating to taxation; revising the definitions of “wholesale dealer” and “wholesale price” for the purpose of imposing the tax on products made from tobacco, other than cigarettes; requiring the payment of the tax after the sale of the products by a wholesale dealer; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 370.440 is hereby amended to read as follows:

    370.440  As used in NRS 370.440 to 370.503, inclusive, unless the context otherwise [provides:] requires:

    1.  “Retail dealer” means any person who is engaged in selling products made from tobacco, other than cigarettes, to customers.

    2.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

    3.  “Ultimate consumer” means a person who purchases a product made from tobacco, other than cigarettes, for his household or personal use and not for resale.

    4.  “Wholesale dealer” means any person who [purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases those products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of those products.

    4.] :

    (a) Brings or causes to be brought into this state products made from tobacco, other than cigarettes, purchased from the manufacturer or a wholesale dealer and who stores, sells or otherwise disposes of those products within this state;

    (b) Manufactures or produces products made from tobacco, other than cigarettes, within this state and who sells or distributes those products within this state to other wholesale dealers, retail dealers or ultimate consumers; or

    (c) Purchases products made from tobacco, other than cigarettes, solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only.

    5.  “Wholesale price” means :


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ê2001 Statutes of Nevada, Page 1596 (Chapter 337, SB 381)ê

 

    (a) Except as otherwise provided in paragraph (b), the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.

    (b) For a product made from tobacco, other than cigarettes, sold to a retail dealer or an ultimate consumer by a wholesale dealer described in paragraph (b) of subsection 3, the established price for which the product is sold to the retail dealer or ultimate consumer before any discount or other reduction is made.

    Sec. 2.  NRS 370.450 is hereby amended to read as follows:

    370.450  1.  Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.

    2.  The provisions of subsection 1 do not apply to those products which are:

    (a) Shipped out of the state for sale and use outside the state; or

    (b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.

    3.  This tax must be collected and paid by the wholesale dealer to the department [before] , in accordance with the provisions of NRS 370.465, after the sale or distribution of those products [to the customer.] by the wholesale dealer. The wholesale dealer is entitled to retain 2 percent of the taxes collected to cover the costs of collecting and administering the taxes.

    4.  Any wholesale dealer who sells or distributes any of those products without [first] paying the tax provided for by this section is guilty of a misdemeanor.

    Sec. 3.  NRS 370.460 is hereby amended to read as follows:

    370.460  It is unlawful for any person to sell or offer to sell any products made from tobacco, other than cigarettes, on which the tax [has not been] is not paid as provided for in NRS 370.450.

    Sec. 4.  NRS 370.465 is hereby amended to read as follows:

    370.465  1.  A wholesale dealer [or retail dealer] shall, not later than 20 days after the end of each month, submit to the department [:

    (a) A list] a report on a form prescribed by the department setting forth each [purchase] sale of products made from tobacco, other than cigarettes, that [he] the wholesale dealer made during the previous month . [; and

    (b) A copy of the invoice for each such purchase that is required to be provided to him pursuant to NRS 370.470.

    2.  The department shall maintain a record of the invoices for not less than 3 years after the receipt of those invoices.]

    2.  Each report submitted pursuant to this section on or after August 20, 2001, must be accompanied by the tax owed pursuant to NRS 370.450 for products made from tobacco, other than cigarettes, that were sold by the wholesale dealer during the previous month.

    3. The department may impose a penalty on a wholesale dealer [or retail dealer] who violates any of the provisions of [subsection 1] this section as follows:

    (a) For the first violation within 7 years, a fine of $1,000.

    (b) For a second violation within 7 years, a fine of $5,000.


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ê2001 Statutes of Nevada, Page 1597 (Chapter 337, SB 381)ê

 

    (c) For a third or subsequent violation within 7 years, revocation of the license of the wholesale dealer . [or retail dealer.]

    Sec. 5.  NRS 370.470 is hereby amended to read as follows:

    370.470  [1.]  A wholesale dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by the manufacturer or wholesale dealer who is not licensed in this state. The wholesale dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:

    [(a)] 1.  The name and address of the manufacturer or wholesale dealer who is not licensed in this state;

    [(b)] 2.  The name and address of the wholesale dealer;

    [(c)] 3.  The date of the purchase; and

    [(d)] 4.  The quantity and wholesale price of those products.

    [2.  A retail dealer must obtain from each manufacturer or wholesale dealer who is not licensed in this state itemized invoices of all products made from tobacco, other than cigarettes, purchased from and delivered by that manufacturer or wholesale dealer. The retail dealer must obtain from the manufacturer or wholesale dealer who is not licensed in this state separate invoices for each purchase made. The invoice must include:

    (a) The name and address of the manufacturer or wholesale dealer who is not licensed in this state;

    (b) The name and address of the retail dealer;

    (c) The date of the purchase; and

    (d) The quantity and wholesale price of those products.]

    Sec. 6.  NRS 370.480 is hereby amended to read as follows:

    370.480  1.  Every wholesale dealer must keep at his place of business complete and accurate records for that place of business, including copies of all invoices of products made from tobacco, other than cigarettes, which he holds, purchases and delivers , distributes or sells in this state. All records must be preserved for at least 3 years after the date of purchase or after the date of the last entry made on the record.

    2.  Every retail dealer shall keep at his place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of such products purchased and delivered from wholesale dealers. The invoices must show the name and address of the wholesale dealer and the date of the purchase. All records must be preserved for at least 3 years after the date of the purchase.

    Sec. 7.  NRS 370.490 is hereby amended to read as follows:

    370.490  1.  The department shall allow a credit of 30 percent of the wholesale price, less a discount of 2 percent for the services rendered in collecting the tax, for products made from tobacco, other than cigarettes, upon which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.

    2.  A credit must also be granted for any products made from tobacco, other than cigarettes, shipped from this state and destined for retail sale and consumption outside the state on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the state.


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ê2001 Statutes of Nevada, Page 1598 (Chapter 337, SB 381)ê

 

    3.  A wholesale dealer may claim a credit by filing with the department the proof required by this section. The claim must be made on a form prescribed by the department.

    Sec. 8.  The amendatory provisions of this act do not apply to offenses that were committed before July 1, 2001.

    Sec. 9.  1.  Notwithstanding the provisions of NRS 370.450, as amended by section 2 of this act, and NRS 370.465, as amended by section 4 of this act, a wholesale dealer is not required to pay any tax or report any sales or purchases with respect to products made from tobacco, other than cigarettes, if the purchase of such products was reported to the department of taxation pursuant to NRS 370.465 as a purchase made before July 1, 2001, and the appropriate tax was remitted to the department with respect to that purchase as required by NRS 370.450.

    2.  As used in this section, “wholesale dealer” has the meaning ascribed to it in NRS 370.440, as amended by section 1 of this act.

    Sec. 10.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 338, SB 557

Senate Bill No. 557–Committee on Government Affairs

 

CHAPTER 338

 

AN ACT relating to taxation; revising the formula for the distribution among counties of certain revenue from the tax on certain motor vehicle fuel; providing for a review of the estimates of the total mileage of roads or streets maintained by each county and incorporated city prepared by the department of transportation; extending the date for expiration of the legislative committee to study the distribution among local governments of revenue from state and local taxes and certain statutory provisions relating thereto; changing the name of the committee to the legislative committee for local government taxes and finance; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 365.550 is hereby amended to read as follows:

    365.550  1.  The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:

    (a) [One-fourth in proportion to total area.

    (b) One-fourth in proportion to population.

    (c) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.

    (d) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.] Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2000;


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ê2001 Statutes of Nevada, Page 1599 (Chapter 338, SB 557)ê

 

    (b) Determine for each county an amount from the total amount to be allocated using the following formula:

         (1) Two-thirds in proportion to population; and

         (2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,

and compare that amount to the amount allocated to the county pursuant to paragraph (a);

    (c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and

    (d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).

    2.  Within 10 calendar days after June 1 of each fiscal year, the department shall:

    (a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.

    (b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.

    (c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.

    3.  Of the money allocated to each county pursuant to the provisions of [subsection 1: ] subsections 1 and 2:

    (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and

    (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated [pursuant to the following formula:

         (1) If there are no incorporated cities in the county,] to the county [; and

         (2) If there is at least one incorporated city in the county,] , if there are no incorporated cities in the county, or to the county and any incorporated


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ê2001 Statutes of Nevada, Page 1600 (Chapter 338, SB 557)ê

 

cities in the county , if there is at least one incorporated city in the county, pursuant to the following formula [set forth for counties in subsection 1.] :

         (1) One-fourth in proportion to total area.

         (2) One-fourth in proportion to population.

         (3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.

         (4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.

For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

    [3.] 4.  The amount allocated to the counties and incorporated cities pursuant to subsections 1 , [and] 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

    [4.] 5.  The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation [. The] and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.

    [5.] 6.  The department of transportation shall complete:

    (a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.

    (b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.

    7.  Each county and incorporated city shall, not later than [January] March 1 of each year, submit a list to the department of transportation setting forth:

    (a) Each improved road or street that is maintained by the county or city; and

    (b) The beginning and ending points and the total mileage of each of those improved roads or streets.

Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.

    [6.] 8.  If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the subcommittee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the subcommittee not later than October 15.

    9.  The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate. The committee shall hold a public hearing and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.


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ê2001 Statutes of Nevada, Page 1601 (Chapter 338, SB 557)ê

 

determination made by the committee pursuant to this subsection is conclusive.

    10.  The subcommittee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities and report regularly to the committee concerning its findings and recommendations regarding that fiscal impact.

    11.  As used in this section [, “construction,] :

    (a) “Committee” means the legislative committee for local government taxes and finance established pursuant to NRS 218.53881.

    (b) “Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

    [(a)] (1) Grades and regrades;

    [(b)] (2) Graveling, oiling, surfacing, macadamizing and paving;

    [(c)] (3) Sweeping, cleaning and sanding roads and removing snow from a road;

    [(d)] (4) Crosswalks and sidewalks;

    [(e)] (5) Culverts, catch basins, drains, sewers and manholes;

    [(f)] (6) Inlets and outlets;

    [(g)] (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

    [(h)] (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

    [(i)] (9) Rights of way;

    [(j)] (10) Grade and traffic separators;

    [(k)] (11) Fences, cattle guards and other devices to control access to a county or city road;

    [(l)] (12) Signs and devices for the control of traffic; and

    [(m)] (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

    (c) “Improved road or street” means a road or street that is, at least:

         (1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

         (2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

    (d) “Subcommittee” means the subcommittee appointed pursuant to NRS 218.53884.

    Sec. 2.  NRS 365.550 is hereby amended to read as follows:

    365.550  1.  The receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the department to the counties using the following formula:

    (a) Determine the average monthly amount each county received in the fiscal year ending on June 30, 2001, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2000;

    (b) Determine for each county an amount from the total amount to be allocated using the following formula:

         (1) Two-thirds in proportion to population; and


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ê2001 Statutes of Nevada, Page 1602 (Chapter 338, SB 557)ê

 

         (2) One-third in proportion to road mileage and street mileage of improved roads or streets maintained by the county or an incorporated city located within the county,

and compare that amount to the amount allocated to the county pursuant to paragraph (a);

    (c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a); and

    (d) Allocate to any county which is identified pursuant to paragraph (c), using the formula set forth in paragraph (b), any amount from the tax levied pursuant to NRS 365.180 that remains after the allocation required pursuant to paragraph (a).

    2.  Within 10 calendar days after June 1 of each fiscal year, the department shall:

    (a) Project the total amount that each county will be allocated pursuant to subsection 1 for the current fiscal year.

    (b) If the total amount allocated to all the counties will not exceed the total amount that was received by all the counties for the fiscal year ending on June 30, 2001, adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the fiscal year ending on June 30, 2001.

    (c) If a county receives an allocation pursuant to paragraph (d) of subsection 1, determine whether the total monthly allocations projected to be made to that county pursuant to subsection 1 for the current fiscal year exceed the total amount the county received in the fiscal year ending on June 30, 2001. If the total monthly allocations projected to be made to the county do not exceed the total amount the county received in the fiscal year ending on June 30, 2001, the department shall adjust the final monthly allocation to be made to the county for the current fiscal year so that the total amount allocated to the county for the current fiscal year equals the total amount the county received in the fiscal year ending on June 30, 2001.

    3.  Of the money allocated to each county pursuant to the provisions of subsections 1 and 2:

    (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to chapter 373 of NRS, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration; and

    (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or to the county and any incorporated cities in the county, if there is at least one incorporated city in the county, pursuant to the following formula:

         (1) One-fourth in proportion to total area.

         (2) One-fourth in proportion to population.

         (3) One-fourth in proportion to road mileage and street mileage of nonfederal aid primary roads.

         (4) One-fourth in proportion to vehicle miles of travel on nonfederal aid primary roads.


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ê2001 Statutes of Nevada, Page 1603 (Chapter 338, SB 557)ê

 

For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

    4.  The amount allocated to the counties and incorporated cities pursuant to subsections 1, 2 and 3 must be remitted monthly. The state controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the state treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

    5.  The formula computations must be made as of July 1 of each year by the department, based on estimates which must be furnished by the department of transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the committee pursuant to subsection 9. Except as otherwise provided in subsection 9, the determination made by the department is conclusive.

    6.  The department of transportation shall complete:

    (a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.

    (b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 7 at least once every 10 years.

    7.  Each county and incorporated city shall, not later than March 1 of each year, submit a list to the department of transportation setting forth:

    (a) Each improved road or street that is maintained by the county or city; and

    (b) The beginning and ending points and the total mileage of each of those improved roads or streets.

Each county and incorporated city shall, at least 10 days before the list is submitted to the department of transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.

    8.  If a county or incorporated city does not agree with the estimates prepared by the department of transportation pursuant to subsection 6, the county or incorporated city may request that the [subcommittee] committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the [subcommittee] committee not later than October 15.

    9.  [The subcommittee shall review any request it receives pursuant to subsection 8 and report to the committee its findings and any recommendations for an adjustment to the estimates it determines is appropriate.] The committee shall hold a public hearing and review any request it receives pursuant to subsection 8 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 8. Any determination made by the committee pursuant to this subsection is conclusive.

    10.  The [subcommittee] committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities . [and report regularly to the committee] Biennially, the committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact [.] and submit the report on or before February 15 of each odd-numbered year to the director of the legislative counsel bureau for transmittal to the senate and assembly committees on taxation of the Nevada legislature for their review.


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ê2001 Statutes of Nevada, Page 1604 (Chapter 338, SB 557)ê

 

    11.  As used in this section:

    (a) “Committee” means the [legislative committee for local government taxes and finance established pursuant to NRS 218.53881.] committee on local government finance created pursuant to NRS 266.0165.

    (b) “Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

         (1) Grades and regrades;

         (2) Graveling, oiling, surfacing, macadamizing and paving;

         (3) Sweeping, cleaning and sanding roads and removing snow from a road;

         (4) Crosswalks and sidewalks;

         (5) Culverts, catch basins, drains, sewers and manholes;

         (6) Inlets and outlets;

         (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

         (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

         (9) Rights of way;

         (10) Grade and traffic separators;

         (11) Fences, cattle guards and other devices to control access to a county or city road;

         (12) Signs and devices for the control of traffic; and

         (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

    (c) “Improved road or street” means a road or street that is, at least:

         (1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

         (2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

    [(d) “Subcommittee” means the subcommittee appointed pursuant to NRS 218.53884.]

    Sec. 3.  NRS 218.5388 is hereby amended to read as follows:

    218.5388  As used in NRS 218.5388 to 218.53886, inclusive, “committee” means a legislative committee [to study the distribution among local governments of revenue from state and local taxes.] for local government taxes and finance.

    Sec. 4.  NRS 218.53881 is hereby amended to read as follows:

    218.53881  1.  There is hereby established a legislative committee [to study the distribution among local governments of revenue from state and local taxes] for local government taxes and finance consisting of:

    (a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;

    (b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;

    (c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and


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ê2001 Statutes of Nevada, Page 1605 (Chapter 338, SB 557)ê

 

    (d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.

    2.  The committee shall consult with an advisory committee consisting of the executive director of the department of taxation and 10 members who are representative of various geographical areas of the state and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:

    (a) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada League of Cities;

    (b) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada Association of Counties;

    (c) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada School Trustees Association;

    (d) Three members involved in the government of a county appointed by the Nevada Association of Counties;

    (e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and

    (f) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.

The members of the advisory committee are nonvoting members of the committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.

    3.  The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

    4.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature convenes.

    5.  Vacancies on the committee must be filled in the same manner as original appointments.

    6.  The committee shall report annually to the legislative commission concerning its activities and any recommendations.

    Sec. 5.  Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:

    Sec. 9.  This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2005.

    Sec. 6.  1.  This section and sections 3, 4 and 5 of this act become effective on July 1, 2001.

    2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.

    3.  Sections 1, 3, 4 and 5 of this act expire by limitation on July 1, 2005.

    4.  Section 2 of this act becomes effective at 12:01 a.m. on July 1, 2005.

________

 


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ê2001 Statutes of Nevada, Page 1606ê

 

CHAPTER 339, AB 242

Assembly Bill No. 242–Assemblymen Marvel and Chowning

 

CHAPTER 339

 

AN ACT relating to motor vehicles; providing that an instructor for a school for training drivers who provides instruction solely to applicants for commercial drivers’ licenses is not required to complete requirements for continuing education; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 483.730 is hereby amended to read as follows:

    483.730  1.  The department shall issue a license to operate a school for training drivers or to act as an instructor for such a school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive, and section 11 of Senate Bill No. 523 of this [act.] session.

    2.  The license is valid for 5 years after the date of issuance, unless canceled, suspended or revoked by the department and, except as otherwise provided in subsection 3, may be renewed subject to the same conditions as the original license, except that an operator of or instructor for a school for training drivers is not required to comply with the provisions of section 11 of Senate Bill No. 523 of this [act] session for the renewal of his license.

    3.  [The] Except as otherwise provided in subsection 5, the department may renew the license of an instructor of a school for training drivers if, when he submits his application for the renewal of his license, he provides evidence satisfactory to the department that, during the period of the license, he completed at least six credits of continuing education by attending:

    (a) A course of instruction relating to the training of drivers approved by the department; or

    (b) A state or national conference approved by the department of education for credit for continuing education.

    4.  In determining whether an instructor has complied with the provisions of subsection 3, the department shall award one credit of continuing education for the completion of each 15 hours of:

    (a) Classroom instruction in a course specified in paragraph (a) of subsection 3; or

    (b) Attendance at a conference specified in paragraph (b) of subsection 3.

    5.  The provisions of subsection 3 do not apply to an instructor who provides instruction solely to applicants for commercial drivers’ licenses.

    Sec. 2.  This act becomes effective:

    1.  Upon passage and approval for the purpose of revising regulations by the department of motor vehicles and public safety to comply with the provisions of section 1 of this act; and

    2.  On July 1, 2001, for all other purposes.

________

 


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ê2001 Statutes of Nevada, Page 1607ê

 

CHAPTER 340, SB 133

Senate Bill No. 133–Senators Shaffer, Coffin, Titus, Carlton and Neal

 

CHAPTER 340

 

AN ACT relating to dentistry; authorizing the board of dental examiners of Nevada to issue certain licenses without examination or clinical demonstrations to dentists and dental hygienists licensed in other jurisdictions under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

    Sec. 2.  1.  The board shall, without a clinical demonstration required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

    (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia for a minimum of 5 years;

    (c) Has not had his license to practice dentistry revoked or suspended in this state, another state or territory of the United States or the District of Columbia;

    (d) Has not been refused a license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;

    (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;

    (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

    (g) Submits the statement required by NRS 631.225.

    2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

    (a) Practice dentistry for the duration of the temporary license; and

    (b) Apply for a permanent license to practice dentistry without a clinical demonstration required by NRS 631.240 if:

         (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

         (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

    3.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    Sec. 3.  1.  The board may, without a clinical demonstration required by NRS 631.240, issue a specialist’s license to a person who:

    (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;


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ê2001 Statutes of Nevada, Page 1608 (Chapter 340, SB 133)ê

 

    (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (c) Is a specialist as identified by the board;

    (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240; and

    (e) Submits the statement required by NRS 631.225.

    2.  The board shall not issue a specialist’s license to a person:

    (a) Whose license to practice dentistry has been revoked or suspended;

    (b) Who has been refused a license to practice dentistry; or

    (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

in this state, another state or territory of the United States or the District of Columbia.

    3.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.

    5.  The board shall revoke a specialist’s license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.

    Sec. 4.  1.  The board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

    (a) A board of county commissioners submits a request that the board of dental examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

    (b) The director of a federally qualified health center or a nonprofit clinic submits a request that the board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

    2.  A person may apply for a restricted geographical license if he:

    (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this state;

    (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300; and

    (d) Submits the statement required by NRS 631.225.

    3.  The board shall not issue a restricted geographical license to a person:

    (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

    (b) Who has been refused a license to practice dentistry or dental hygiene; or

    (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,in this state, another state or territory of the United States or the District of Columbia.


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ê2001 Statutes of Nevada, Page 1609 (Chapter 340, SB 133)ê

 

in this state, another state or territory of the United States or the District of Columbia.

    4.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    5.  A person to whom a restricted geographical license is issued pursuant to this section:

    (a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.

    (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.

    6.  Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the board of the termination, in writing, and surrender the restricted geographical license.

    7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the board for an unrestricted license without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

    (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this state, another state or territory of the United States or the District of Columbia;

    (b) Has not been refused a license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia;

    (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia; and

    (d) Has:

         (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or

         (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

    8.  The board shall revoke a restricted geographical license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.

    Sec. 4.5.  NRS 631.230 is hereby amended to read as follows:

    631.230  1.  Any person is eligible to [take an examination] apply for a license to practice dentistry in the State of Nevada who:

    (a) Is over the age of 21 years;

    (b) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

    (c) Is a graduate of an accredited dental school or college; and

    (d) Is of good moral character.

    2.  To determine whether a person has good moral character , the board may consider whether his license to practice dentistry in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.


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ê2001 Statutes of Nevada, Page 1610 (Chapter 340, SB 133)ê

 

    Sec. 5.  NRS 631.240 is hereby amended to read as follows:

    631.240  1.  Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:

    (a) Present to the board a certificate granted by the [National Board of Dental Examiners] Joint Commission on National Dental Examinations which contains a notation that [he] the applicant has passed the [board’s examination] National Board Dental Examination with an average score of at least 75; and

    (b) Be examined by the board on [his] the applicant’s practical knowledge of dentistry.

    2.  The board shall examine each applicant in writing on the contents and interpretation of this chapter [631 of NRS] and the regulations of the board.

    3.  Except as otherwise provided in NRS 631.271 [,] and sections 2, 3 and 4 of this act, the examination required by paragraph (b) of subsection 1 must include clinical demonstrations of the applicant’s skill in dentistry.

    4.  All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the member of the board who is a representative of the general public and those members of the board who are dentists.

    Sec. 6.  NRS 631.240 is hereby amended to read as follows:

    631.240  1.  Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:

    (a) Present to the board a certificate granted by the Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the National Board Dental Examination with an average score of at least 75; and

    (b) Be examined by the board on the applicant’s practical knowledge of dentistry.

    2.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    3.  Except as otherwise provided in NRS 631.271 and sections [2,] 3 and 4 of this act, the examination required by paragraph (b) of subsection 1 must include clinical demonstrations of the applicant’s skill in dentistry.

    4.  All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the member of the board who is a representative of the general public and those members of the board who are dentists.

    Sec. 7.  NRS 631.250 is hereby amended to read as follows:

    631.250  1.  The board may issue a specialist’s license authorizing a [licensed] dentist licensed in this state to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying board approved by the Commission on Dental Accreditation of the American Dental Association.

    2.  No [licensee] dentist licensed in this state may announce or hold himself out to the public as a specialist or practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.


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

ê2001 Statutes of Nevada, Page 1611 (Chapter 340, SB 133)ê

 

has successfully completed the educational requirements currently specified for qualification in the special area by the certifying board.

    3.  A [licensed] dentist licensed in this state who has successfully completed those educational requirements, has passed the general dentistry examination and has been issued a specialist’s license under this section may commence specialty practice immediately in the special area without:

    (a) Examination by the certifying board.

    (b) Certification as a diplomate of the certifying board.

    4.  A dentist licensed in this state to whom a specialist’s license [has been issued must] is issued shall limit his practice to the specialty.

    Sec. 7.5.  NRS 631.290 is hereby amended to read as follows:

    631.290  1.  Any person is eligible to [take an examination] apply for a license to practice dental hygiene in this state who:

    (a) Is of good moral character;

    (b) Is over 18 years of age;

    (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

    (d) Is a graduate of an accredited school of dental hygiene.

    2.  To determine whether a person has good moral character , the board may consider whether his license to practice dental hygiene in another state has been suspended or revoked or whether he is currently involved in any disciplinary action concerning his license in that state.

    Sec. 8.  NRS 631.300 is hereby amended to read as follows:

    631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the board to determine eligibility, must be examined by the board upon such subjects as the board deems necessary, and, except as otherwise provided in NRS 631.271 [,] and section 4 of this act, be given a practical examination in dental hygiene, including, but not limited to, the removal of deposits from, and the polishing of, the exposed surface of the teeth.

    2.  The examination must be:

    (a) Written, oral or a combination of both; and

    (b) Practical, as in the opinion of the board is necessary to test the qualifications of the applicant.

    3.  The board shall examine each applicant in writing on the contents and interpretation of this chapter [631 of NRS] and the regulations of the board.

    4.  In lieu of the written examination which may be required by subsection 2, the board shall recognize a certificate from the [National Board of Dental Examiners] Joint Commission on National Dental Examinations which contains a notation that the applicant has passed the [examination of the board] National Board Dental Examination with a score of at least 75.

    Sec. 9.  Section 2 of this act is hereby amended to read as follows:

    Sec. 2.  1.  The board shall, without a clinical demonstration required by NRS 631.240, issue a temporary license to practice dentistry to a person who:

    (a) Has a license to practice dentistry issued pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (b) Has practiced dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia for a minimum of 5 years;


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ê2001 Statutes of Nevada, Page 1612 (Chapter 340, SB 133)ê

 

    (c) Has not had his license to practice dentistry revoked or suspended in this state, another state or territory of the United States or the District of Columbia;

    (d) Has not been refused a license to practice dentistry in this state, another state or territory of the United States or the District of Columbia;

    (e) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry in this state, another state or territory of the United States or the District of Columbia; and

    (f) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 . [; and

    (g) Submits the statement required by NRS 631.225.]

    2.  A person to whom a temporary license is issued pursuant to subsection 1 may:

    (a) Practice dentistry for the duration of the temporary license; and

    (b) Apply for a permanent license to practice dentistry without a clinical demonstration required by NRS 631.240 if:

       (1) The person has held a temporary license to practice dentistry pursuant to subsection 1 for a minimum of 2 years; and

       (2) The person has not been involved in any disciplinary action during the time he has held a temporary license pursuant to subsection 1.

    3.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    Sec. 10.  Section 3 of this act is hereby amended to read as follows:

    Sec. 3.  1.  The board may, without a clinical demonstration required by NRS 631.240, issue a specialist’s license to a person who:

    (a) Presents a current certification as a diplomate from a certifying board approved by the Commission on Dental Accreditation of the American Dental Association;

    (b) Has an active license to practice dentistry pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (c) Is a specialist as identified by the board; and

    (d) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 . [; and

    (e) Submits the statement required by NRS 631.225.]

    2.  The board shall not issue a specialist’s license to a person:

    (a) Whose license to practice dentistry has been revoked or suspended;

    (b) Who has been refused a license to practice dentistry; or

    (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry,

in this state, another state or territory of the United States or the District of Columbia.

    3.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    4.  A person to whom a specialist’s license is issued pursuant to this section shall limit his practice to the specialty.


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ê2001 Statutes of Nevada, Page 1613 (Chapter 340, SB 133)ê

 

    5.  The board shall revoke a specialist’s license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.

    Sec. 11.  Section 4 of this act is hereby amended to read as follows:

    Sec. 4.  1.  The board shall, without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300, issue a restricted geographical license to practice dentistry or dental hygiene to a person if he meets the requirements of subsection 2 and:

    (a) A board of county commissioners submits a request that the board of dental examiners of Nevada waive the requirements of NRS 631.240 or 631.300 for any applicant intending to practice dentistry or dental hygiene in a rural area of a county in which dental or dental hygiene needs are underserved as that term is defined by the officer of rural health of the University of Nevada School of Medicine; or

    (b) The director of a federally qualified health center or a nonprofit clinic submits a request that the board waive the requirements of NRS 631.240 or 631.300 for any applicant who has entered into a contract with a federally qualified health center or nonprofit clinic which treats underserved populations in Washoe County or Clark County.

    2.  A person may apply for a restricted geographical license if he:

    (a) Has a license to practice dentistry or dental hygiene issued pursuant to the laws of another state or territory of the United States or the District of Columbia;

    (b) Is otherwise qualified for a license to practice dentistry or dental hygiene in this state; and

    (c) Pays the application, examination and renewal fees in the same manner as a person licensed pursuant to NRS 631.240 or 631.300 . [; and

    (d) Submits the statement required by NRS 631.225.]

    3.  The board shall not issue a restricted geographical license to a person:

    (a) Whose license to practice dentistry or dental hygiene has been revoked or suspended;

    (b) Who has been refused a license to practice dentistry or dental hygiene; or

    (c) Who is involved in or has pending a disciplinary action concerning his license to practice dentistry or dental hygiene,

in this state, another state or territory of the United States or the District of Columbia.

    4.  The board shall examine each applicant in writing on the contents and interpretation of this chapter and the regulations of the board.

    5.  A person to whom a restricted geographical license is issued pursuant to this section:

    (a) May practice dentistry or dental hygiene only in the county which has requested the restricted geographical licensure pursuant to paragraph (a) of subsection 1.

    (b) Shall not, for the duration of the restricted geographical license, engage in the private practice of dentistry or dental hygiene in this state or accept compensation for the practice of dentistry or dental hygiene except such compensation as may be paid to him by a federally qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.


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ê2001 Statutes of Nevada, Page 1614 (Chapter 340, SB 133)ê

 

qualified health center or nonprofit clinic pursuant to paragraph (b) of subsection 1.

    6.  Within 7 days after the termination of his contract pursuant to paragraph (b) of subsection 1, the holder of a restricted geographical license shall notify the board of the termination, in writing, and surrender the restricted geographical license.

    7.  A person to whom a restricted geographical license was issued pursuant to this section may petition the board for an unrestricted license without a clinical demonstration required by NRS 631.240 or a practical examination required by NRS 631.300 if the person:

    (a) Has not had his license to practice dentistry or dental hygiene revoked or suspended in this state, another state or territory of the United States or the District of Columbia;

    (b) Has not been refused a license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia;

    (c) Is not involved in or does not have pending a disciplinary action concerning his license to practice dentistry or dental hygiene in this state, another state or territory of the United States or the District of Columbia; and

    (d) Has:

       (1) Actively practiced dentistry or dental hygiene for 3 years at a minimum of 30 hours per week in the restricted geographical area; or

       (2) Been under contract with a federally qualified health center or nonprofit clinic for a minimum of 3 years.

    8.  The board shall revoke a restricted geographical license at any time upon proof satisfactory to the board that the holder of the license violated any provision of this section or the regulations of the board.

    Sec. 12.  1.  This section and sections 1 to 5, inclusive, 7, 7.5 and 8 of this act become effective on October 1, 2001.

    2.  Section 6 of this act becomes effective on October 1, 2005.

    3.  Sections 9, 10 and 11 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    (b) Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

    4.  Sections 2, 5 and 9 of this act expire by limitation on September 30, 2005.

________

 


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ê2001 Statutes of Nevada, Page 1615ê

 

CHAPTER 341, SB 274

Senate Bill No. 274–Committee on Commerce and Labor

 

CHAPTER 341

 

AN ACT relating to contractors; revising the provisions governing the rights and duties of contractors and subcontractors under contracts and subcontracts; and providing other matters properly relating thereto.

 

[Approved: May, 31, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

    Sec. 2.  As used in NRS 624.610, 624.620 and 624.630 and sections 2 to 9, inclusive, of this act, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Higher-tiered subcontractor” means a subcontractor under a contract who has entered into an oral or written subcontract with another subcontractor pursuant to which the other subcontractor has agreed to perform any of the duties of the subcontractor under the oral or written subcontract.

    Sec. 4.  “Lower-tiered subcontractor” means a subcontractor who has agreed in an oral or written contract to perform any of the duties of another subcontractor under another oral or written subcontract.

    Sec. 5.  1.  Except as otherwise provided in this section, if a contractor or higher-tiered subcontractor enters into:

    (a) A written subcontract with a subcontractor that includes a schedule for payments, the contractor or higher-tiered subcontractor shall pay the subcontractor:

         (1) On or before the date payment is due; or

         (2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,

whichever is earlier.

    (b) A written subcontract that does not contain a schedule for payments, or a subcontract that is oral, the contractor or higher-tiered subcontractor shall pay the subcontractor:

         (1) Within 30 days after the date the subcontractor submits a request for payment; or

         (2) Within 10 days after the date the contractor or higher-tiered subcontractor receives payment for all or a portion of the work, labor, materials, equipment or services described in a request for payment submitted by the subcontractor,

whichever is earlier.

    2.  If a contractor or higher-tiered subcontractor has complied with subsection 3, the contractor or higher-tiered subcontractor may:

    (a) Withhold from any payment owed to the subcontractor:

         (1) A retention amount that the subcontractor is authorized to withhold pursuant to the contract;


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ê2001 Statutes of Nevada, Page 1616 (Chapter 341, SB 274)ê

 

         (2) An amount equal to the sum of the value of:

             (I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought; and

             (II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the subcontract to the extent that such costs and expenses exceed 50 percent of the amount withheld pursuant to subparagraph (1); and

         (3) The amount the owner, contractor or higher-tiered subcontractor has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner, contractor or higher-tiered subcontractor is or may reasonably be liable for the subcontractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or 617 of NRS; and

    (b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the subcontractor and his lower-tiered subcontractors and suppliers. For purposes of this paragraph:

         (1) If the amount due is paid with a check or is not paid concurrently with the contractor’s or higher-tiered subcontractor’s receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and

         (2) The lien releases must be limited to the amount of the payment received.

    3.  If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, a contractor or higher-tiered subcontractor intends to withhold any amount from a payment to be made to a subcontractor, the contractor or higher-tiered subcontractor must give, on or before the date the payment is due, a written notice to the subcontractor of any amount that will be withheld and give a copy of such notice to all reputed higher-tiered subcontractors, contractors and the owner. The written notice must:

    (a) Identify the amount of the request for payment that will be withheld from the subcontractor;

    (b) Give a reasonably detailed explanation of the reason the contractor or higher-tiered subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, and any documents relating thereto, and the applicable building code, law or regulation with which the subcontractor has failed to comply; and

    (c) Be signed by an authorized agent of the contractor or higher-tiered subcontractor.

    4.  A subcontractor who receives a notice pursuant to subsection 3 may provide written notice to the contractor or higher-tiered subcontractor of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the subcontractor. If a contractor or higher-tiered subcontractor receives a written notice from the subcontractor of the correction of a condition pursuant to this subsection, the contractor or higher-tiered subcontractor must:


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ê2001 Statutes of Nevada, Page 1617 (Chapter 341, SB 274)ê

 

    (a) Pay the amount withheld by the contractor or higher-tiered subcontractor for that condition on or before the date the next payment is due the subcontractor; or

    (b) Object to the scope and manner of the correction of the condition, on or before the date the next payment is due to the subcontractor, in a written statement which sets forth the reason for the objection and which complies with subsection 3. If the contractor or higher-tiered subcontractor objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the subcontractor, along with payment made pursuant to the subcontractor’s next payment request, the amount withheld for the correction of conditions to which the contractor or higher-tiered subcontractor no longer objects.

    Sec. 6.  1.  If a contractor or higher-tiered subcontractor fails to:

    (a) Pay the subcontractor within the time provided in subsection 1 or 4 of section 5 of this act;

    (b) Pay the subcontractor within 45 days after the 25th day of the month in which the subcontractor submits a request for payment, even if the contractor or higher-tiered subcontractor has not been paid and the subcontract contains a provision which requires the contractor or higher-tiered subcontractor to pay the subcontractor only if or when the contractor or higher-tiered subcontractor is paid; or

    (c) Give the subcontractor written notice of any withholding in the time and manner required by subsection 3 or 4 of section 5 of this act,

the subcontractor may stop work under the subcontract until payment is received if the subcontractor gives written notice to the contractor or higher-tiered subcontractor at least 10 days before stopping work.

    2.  If a subcontractor stops work pursuant to paragraph (a) or (c) of subsection 1, the subcontractor may terminate the subcontract by giving written notice of the termination to the contractor or higher-tiered subcontractor after stopping work but at least 15 days before the termination of the subcontract. If the subcontractor is paid the amount due before the date for termination set forth in the written notice, the subcontractor shall not terminate the subcontract and shall resume work.

    3.  If an owner, contractor or a higher-tiered subcontractor through his own act or neglect, or through an act or neglect of his agent, excluding acts of God, floods, fires, labor disputes, strikes or reasonable adjustments in work schedules, causes the work to be stopped for a period of 15 days or more, the subcontractor may terminate the subcontract if:

    (a) The subcontractor gives written notice of his intent to terminate to the contractor or higher-tiered subcontractor at least 10 days before terminating the subcontract; and

    (b) The contractor or higher-tiered subcontractor fails to allow the subcontractor to resume the work within the time set forth in the written notice given pursuant to paragraph (a).

    4.  If a subcontractor stops work pursuant to paragraph (a) or (c) of subsection 1, the contractor or higher-tiered subcontractor may terminate the subcontract by giving the subcontractor written notice of his intent to terminate at least 15 days before terminating the subcontract.

    5.  If the subcontract is terminated pursuant to subsection 3, or if the subcontractor stops work in accordance with this section and the subcontract is terminated pursuant to subsection 2 or 4, the subcontractor is entitled to recover from the contractor or higher-tiered subcontractor with whom he has contracted the amount found by a trier of fact to be due the subcontractor, including, without limitation:


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ê2001 Statutes of Nevada, Page 1618 (Chapter 341, SB 274)ê

 

is entitled to recover from the contractor or higher-tiered subcontractor with whom he has contracted the amount found by a trier of fact to be due the subcontractor, including, without limitation:

    (a) The cost of all work, labor, materials, equipment and services furnished by and through the subcontractor, including any profit and overhead the subcontractor incurred or earned through the date of termination;

    (b) The profit that the subcontractor and his lower-tiered subcontractors would have received if the subcontract had been performed in full;

    (c) Interest at a rate equal to the rate agreed upon in the subcontract, or, if no interest rate is so provided, interest at a rate equal to the prime rate at the largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:

         (1) The time the subcontract was signed; or

         (2) If the subcontract was oral, the time the terms of the subcontract were agreed upon by the parties,

plus 2 percent; and

    (d) The reasonable costs, including court costs, incurred by the subcontractor and his lower-tiered subcontractors in collecting the amount due.

At any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorney’s fees to the subcontractor or, if the trier of fact determines that the subcontractor stopped work or terminated the contract without reasonable cause, the trier of fact may award reasonable attorney’s fees to the contractor or higher-tiered subcontractor.

    6.  If a subcontractor stops work pursuant to this section, each lower-tiered subcontractor with whom the subcontractor has contracted who has not fully performed under the contract may also stop work on the project. If a subcontractor terminates a subcontract pursuant to this section, all such lower-tiered subcontractors may terminate their contracts with the subcontractor.

    7.  The right of a subcontractor to stop work or terminate a subcontract pursuant to this section is in addition to all other rights that the subcontractor may have at law or in equity and does not impair or affect the right of a subcontractor to maintain a civil action or to submit any controversy arising under the contract to arbitration.

    8.  No subcontractor or his lower-tiered subcontractors, or their respective sureties, may be held liable for any delays or damages that an owner, contractor or higher-tiered subcontractor may suffer as a result of the subcontractor or lower-tiered subcontractor stopping his work or terminating a subcontract for reasonable cause and in accordance with this section.

    Sec. 7.  1.  A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or section 5 or 6 of this act to each lower-tiered subcontractor with whom the subcontractor has contracted who has not fully performed under the contract. Upon receipt of payment pursuant to section 5 of this act, the subcontractor shall notify all such lower-tiered subcontractors in writing of his receipt of payment.


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ê2001 Statutes of Nevada, Page 1619 (Chapter 341, SB 274)ê

 

    2.  A subcontractor shall provide a copy of any notice given to a contractor or higher-tiered subcontractor pursuant to this section or section 5 or 6 of this act to each reputed higher-tiered subcontractor, contractor and the owner, if known. The failure of a subcontractor to comply with this subsection does not invalidate any notice otherwise properly given.

    3.  A condition, stipulation or provision in a subcontract or other agreement which requires a subcontractor to waive any rights provided in this section or section 5 or 6 of this act, or which limits those rights, is void.

    4.  All notices required pursuant to this section or section 5 or 6 of this act must be:

    (a) Delivered personally, in which case the subcontractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

    (b) Sent by facsimile and delivered by regular mail, in which case the subcontractor shall retain proof of a successful transmission of the facsimile;

    (c) Delivered by certified mail; or

    (d) Delivered in the manner provided in the contract.

    5.  Within 5 days after a contractor receives a written request for the information set forth in paragraphs (a), (b) and (c) from a subcontractor with respect to a subcontract that has not been fully performed, the contractor shall notify the subcontractor in writing of the following:

    (a) The date the contractor made a specified payment to his subcontractor;

    (b) Whether the contractor has paid his subcontractor the entire amount of a specified payment; and

    (c) The amount withheld by the contractor of a specified payment to his subcontractor and the reason for the withholding.

    Sec. 8.  1.  Except as otherwise provided in subsections 2 and 4 and subsection 4 of section 9 of this act, if an owner of real property enters into a written or oral contract with a contractor for the performance of work by the contractor, the owner must:

    (a) Pay that contractor on or before the date a payment is due pursuant to a schedule for payments established in a written contract; or

    (b) If no such schedule is established or if the contract is oral, pay the contractor within 21 days after the date the contractor submits a request for payment.

    2.  If an owner has complied with subsection 3, the owner may:

    (a) Withhold from any payment to be made to the contractor:

         (1) A retention amount that the owner is authorized to withhold pursuant to the contract;

         (2) An amount equal to the sum of the value of:

             (I) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is being sought; and

             (II) Costs and expenses reasonably necessary to correct or repair any work which is the subject of the request for payment and which is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount withheld pursuant to subparagraph (1); and


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ê2001 Statutes of Nevada, Page 1620 (Chapter 341, SB 274)ê

 

         (3) The amount the owner has paid or is required to pay pursuant to an official notice from a state agency or employee benefit trust fund, for which the owner is or may reasonably be liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or chapter 617 of NRS; and

    (b) Require as a condition precedent to the payment of any amount due, lien releases furnished by the contractor and his subcontractors and suppliers. For purposes of this paragraph:

         (1) If the amount due is paid with a check or is not paid concurrently with the owner’s receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and

         (2) The lien releases must be limited to the amount of the payment received.

    3.  If, pursuant to subparagraph (2) or (3) of paragraph (a) of subsection 2 or paragraph (b) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must give, on or before the date the payment is due, a written notice to the contractor of any amount that will be withheld. The written notice must:

    (a) Identify the amount of the request for payment that will be withheld from the contractor;

    (b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and

    (c) Be signed by an authorized agent of the owner.

    4.  A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition pursuant to this subsection, the owner must:

    (a) Pay the amount withheld by the owner for that condition on or before the date the next payment is due the contractor; or

    (b) Object to the scope and manner of the correction of the condition, on or before the date the next payment is due to the contractor, in a written statement which sets forth the reason for the objection and which complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractor’s next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.

    Sec. 9.  1.  A contractor shall provide a copy of any notice given to an owner pursuant to subsection 1 or 2 of NRS 624.610 to each subcontractor with whom the contractor has contracted who has not fully performed under that contract. Upon receipt of payment pursuant to section 8 of this act, the contractor shall notify all such subcontractors in writing of his receipt of payment.


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ê2001 Statutes of Nevada, Page 1621 (Chapter 341, SB 274)ê

 

act, the contractor shall notify all such subcontractors in writing of his receipt of payment.

    2.  A condition, stipulation or provision in a contract or other agreement which requires a contractor to waive any rights provided in this section, NRS 624.610 or section 8 of this act or which limits those rights is void.

    3.  All notices required pursuant to this section, NRS 624.610 and section 8 of this act must be:

    (a) Delivered personally, in which case the contractor shall obtain a notarized statement from the person who delivered the notice as proof of delivery;

    (b) Sent by facsimile and delivered by regular mail, in which case the contractor shall retain proof of a successful transmission of the facsimile;

    (c) Delivered by certified mail; or

    (d) Delivered in the manner provided for in the contract.

    4.  This section, NRS 624.610 and section 8 of this act do not apply to a contract between:

    (a) A residential contractor and a natural person who owns a single-family residence for the performance of qualified services with respect to the residence; and

    (b) A public body and a contractor for the performance of work and labor on a public work.

    5.  Within 5 days after an owner receives a written request for the information set forth in paragraphs (a), (b) and (c) from a subcontractor with respect to a subcontract that has not been fully performed, the owner shall notify the subcontractor in writing of the following:

    (a) The date the owner made a specified payment to his contractor;

    (b) Whether the owner has paid the entire amount of a specified payment to his contractor; and

    (c) The amount withheld by the owner from a specified payment to the contractor and the reason for the withholding.

    Sec. 10.  NRS 624.020 is hereby amended to read as follows:

    624.020  [1.  For the purpose of this chapter, “contractor”] For the purposes of this chapter, unless the context otherwise requires:

    1.  “Contractor” is synonymous with “builder.”

    2.  [Within the meaning of this chapter, a] A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, [or] offers to undertake to, [or] purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.


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ê2001 Statutes of Nevada, Page 1622 (Chapter 341, SB 274)ê

 

    3.  A contractor [within the meaning of this chapter] includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

    4.  A contractor [within the meaning of this chapter] includes a construction manager who performs management and counseling services on a construction project for a professional fee.

    Sec. 11.  NRS 624.610 is hereby amended to read as follows:

    624.610  1.  If [, through no fault or act of a prime contractor or anyone employed by him, the] an owner fails to [pay that contractor:

    (a) Pursuant to their schedule for payments under the contract, or within a reasonable time after maturity and presentation of charges if no schedule is established;

    (b) Any sum certified by the architect, engineer or other supervisory agent of the owner; or

    (c) Such sum as is otherwise properly due, or if] :

    (a) Pay the contractor in the time and manner required by subsection 1 or 4 of section 8 of this act; or

    (b) Give the contractor written notice of any withholding in the time and manner required by subsection 3 or 4 of section 8 of this act,

the contractor may stop work after giving written notice to the owner at least 10 days before stopping work. If a contractor stops work pursuant to this subsection, the contractor may terminate the contract by giving written notice of termination to the owner after stopping work but at least 15 days before terminating the contract. If the contractor is paid the amount due before the date for termination of the contract set forth in the written notice, the contractor shall not terminate the contract and shall resume his work.

    2.  If the owner through his own act or neglect, or through an act or neglect of his agent, excluding acts of God, floods, fires [or strikes,] , labor disputes, strikes or reasonable adjustments to work schedules, causes the work to be stopped for a period of [5 working] 15 days or more, the contractor may [, after 5 working days’] terminate the contract if:

    (a) The contractor gives written notice of his intent to terminate to the owner [, stop work or terminate the contract and] at least 10 days before terminating the contract; and

    (b) The owner fails to allow work to resume within the time set forth in the written notice given pursuant to paragraph (a).

    3.  If a contractor stops work pursuant to subsection 1, the owner may terminate the contract by giving the contractor written notice of his intent to terminate at least 15 days before terminating the contract.

    4.  If the contract is terminated pursuant to subsection 2, or if the contractor stops work in accordance with this section and the contract is terminated pursuant to subsection 1 or 3, the contractor is entitled to recover from the owner payment [for] in an amount found by a trier of fact to be due the contractor, including, without limitation:

    (a) The cost of all work [executed.

    2.  If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay that subcontractor:

    (a) Pursuant to the schedule for payments under the subcontract, or within a reasonable time after maturity and presentation of charges if no schedule is established;


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ê2001 Statutes of Nevada, Page 1623 (Chapter 341, SB 274)ê

 

    (b) Any sum certified by the architect, engineer or other supervisory agent of the owner or contractor; or

    (c) Such sum as is otherwise properly due,

or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, the subcontractor may, after 5 working days’ written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed. The subcontractor may not be held liable for nonperformance of that subcontract and for the cost incurred by the contractor to complete the work.

    3.  The provisions of subsection 2 do not apply if the contractor’s failure to pay is caused by his need to withhold money pursuant to an official notice from a state agency that he is liable to make payments or contributions for the subcontractor pursuant to chapter 608 or 612 or chapters 616A to 616D, inclusive, or chapter 617 of NRS.] , labor, materials, equipment and services furnished by and through the contractor, including any profit and overhead the contractor incurred or earned through the date of termination;

    (b) The profit that the contractor and his subcontractors would have received if the contract had been performed in full;

    (c) Interest at a rate equal to the rate agreed upon in the contract, or if no interest rate is so provided, then interest at a rate equal to the prime rate at the largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:

         (1) The time the contract was signed; or

         (2) If the contract was oral, the time the terms of the contract were agreed to by the parties,

plus 2 percent; and

    (d) The reasonable costs, including court costs, incurred by the contractor and his subcontractors in collecting the amount due.

At any action brought to enforce the rights or obligations set forth in this subsection, the trier of fact may award reasonable attorney’s fees to the contractor or, if the trier of fact determines that the contractor stopped work or terminated the contract without reasonable cause, the trier of fact may award reasonable attorney’s fees to the owner.

    5.  If a contractor stops work pursuant to subsection 1, each subcontractor with whom the contractor has contracted who has not fully performed under that contract may also stop work on the project. If a contractor terminates a contract pursuant to this section, all such subcontractors may terminate their contracts with the contractor.

    6.  The right of a contractor to stop work or terminate a contract pursuant to this section is in addition to all other rights that the contractor may have at law or in equity and does not impair or affect the right of a contractor to maintain a civil action or to submit any controversy arising under the contract to arbitration.

    7.  No contractor or his subcontractors, or their respective sureties, may be held liable for any delays or damages that an owner may suffer as a result of the contractor, subcontractor or lower-tiered subcontractor stopping his work or terminating a contract for reasonable cause and in accordance with this section or section 6 of this act.


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ê2001 Statutes of Nevada, Page 1624 (Chapter 341, SB 274)ê

 

    Sec. 12.  NRS 624.620 is hereby amended to read as follows:

    624.620  1.  Except as otherwise provided in [subsections 2, 3 and 5,] this section, any money remaining unpaid for the construction [or remodeling of a building] of a work of improvement is payable to the contractor within 30 days after:

    (a) Occupancy or use of the work of improvement by the owner or by a person acting with the authority of the owner; or

    (b) The availability of a [constructed or remodeled building] work of improvement for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the [building became available.

    2.  The] work of improvement became available for use or occupancy.

    2.  If the owner has complied with subsection 3, the owner may:

    (a) Withhold payment for the amount of [any disputed or uncompleted items if he notifies the contractor in writing at the time of withholding as to any disputed items.] :

         (1) Any work or labor that has not been performed or materials or equipment that has not been furnished for which payment is sought;

         (2) The costs and expenses reasonably necessary to correct or repair any work that is not materially in compliance with the contract to the extent that such costs and expenses exceed 50 percent of the amount of retention being withheld pursuant to the terms of the contract; and

         (3) Money the owner has paid or is required to pay pursuant to an official notice from a state agency, or employee benefit trust fund, for which the owner is liable for the contractor or his subcontractors in accordance with chapter 608, 612, 616A to 616D, inclusive, or chapter 617 of NRS.

    (b) Require, as a condition precedent to the payment of any [money] unpaid amount under the construction contract, that [waivers of] lien releases be furnished by the contractor’s subcontractors, suppliers or employees. For purposes of this paragraph:

         (1) If the amount due is paid with a check or is not paid concurrently with the owner’s receipt of the lien releases, the lien releases must be conditioned upon the check clearing the bank upon which it is drawn and the receipt of payment and shall be deemed to become unconditional upon the receipt of payment; and

         (2) The lien releases must be limited to the amount of the payment received.

    3.  If pursuant to paragraph (a) of subsection 2, an owner intends to withhold any amount from a payment to be made to a contractor, the owner must, on or before the date the payment is due, give written notice to the contractor of any amount that will be withheld. The written notice must:

    (a) Identify the amount that will be withheld from the contractor;

    (b) Give a reasonably detailed explanation of the reason the owner will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, and any documents relating thereto, and the applicable building code, law or regulation with which the contractor has failed to comply; and

    (c) Be signed by an authorized agent of the owner.


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ê2001 Statutes of Nevada, Page 1625 (Chapter 341, SB 274)ê

 

    4.  A contractor who receives a notice pursuant to subsection 3 may provide written notice to the owner of the correction of a condition described in the notice received pursuant to subsection 3. The notice of correction must be sufficient to identify the scope and manner of the correction of the condition and be signed by an authorized representative of the contractor. If an owner receives a written notice from the contractor of the correction of a condition described in an owner’s notice of withholding pursuant to subsection 3, the owner must, within 10 days after receipt of such notice:

    (a) Pay the amount withheld by the owner for that condition; or

    (b) Object to the scope and manner of the correction of the condition in a written statement that sets forth the reason for the objection and complies with subsection 3. If the owner objects to the scope and manner of the correction of a condition, he shall nevertheless pay to the contractor, along with payment made pursuant to the contractor’s next payment request, the amount withheld for the correction of conditions to which the owner no longer objects.

    5.  The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.

    [4.] 6.  Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the [three largest United States banking institutions on the date the contract is executed plus] largest bank in this state, as determined by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding:

    (a) The time the contract was signed; or

    (b) If the contract was oral, the time the terms of the contract were agreed to by the parties,

plus 2 percent . [, from 30 days after the date on which the money became payable until the date of payment.

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

    (a) Any residential building; or

    (b) Public works.

    8.  As used in this section, unless the context otherwise requires, “work of improvement” has the meaning ascribed to it in NRS 108.221.

    Sec. 13.  NRS 99.040 is hereby amended to read as follows:

    99.040  1.  When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases:

    (a) Upon contracts, express or implied, other than book accounts.

    (b) Upon the settlement of book or store accounts from the day on which the balance is ascertained.

    (c) Upon money received to the use and benefit of another and detained without his consent.


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ê2001 Statutes of Nevada, Page 1626 (Chapter 341, SB 274)ê

 

    (d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.

The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

    2.  The provisions of this section do not apply to money owed:

    (a) For the construction [or remodeling of a building] of a work of improvement pursuant to NRS 624.620; or

    (b) By a contractor to his subcontractor pursuant to NRS 624.630.

________

 

CHAPTER 342, SB 380

Senate Bill No. 380–Senator Schneider

 

CHAPTER 342

 

AN ACT relating to contractors; eliminating the duty of a contractor to require proof of payment of the business tax from a subcontractor with whom he has a contract; and providing other matters properly relating thereto.

 

[Approved: June 1, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 364A.340 is hereby amended to read as follows:

    364A.340  A person who:

    1.  Is required to be licensed pursuant to chapter 624 of NRS; and

    2.  Contracts with a subcontractor who is required to be licensed pursuant to that chapter and to have a business license and pay the tax imposed by this chapter,

shall require proof that the subcontractor has a business license [and has paid the tax imposed by this chapter] before commencing payments to the subcontractor. For the purposes of this section, a subcontractor proves that he has a business license [and has paid the tax imposed by this chapter by presenting a receipt for or other evidence that he made the last quarterly payment required pursuant to this chapter.] by submitting a copy of the business license to the contractor.

    Sec. 2.  Section 2 of Assembly Bill No. 656 of this session is hereby repealed.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 1627ê

 

CHAPTER 343, SB 543

Senate Bill No. 543–Committee on Human Resources and Facilities

 

CHAPTER 343

 

AN ACT relating to the University and Community College System of Nevada; requiring the board of regents of the University of Nevada to establish policies governing the contracts that faculty members and employees of the system may enter into or benefit from; authorizing such faculty members and employees to enter into or benefit from certain contracts that are consistent with those policies; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

    The board of regents shall, to carry out the purposes of subsection 3 of NRS 281.221, subsection 3 of NRS 281.230 and subsection 3 of NRS 281.505, establish policies governing the contracts that faculty members and employees of the system may enter into or benefit from.

    Sec. 2.  NRS 281.221 is hereby amended to read as follows:

    281.221  1.  Except as otherwise provided in this section, it is unlawful for any state officer who is not a member of the legislature to:

    (a) Become a contractor under any contract or order for supplies or other kind of contract authorized by or for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so authorized.

    (b) Be interested in any contract made by him or to be a purchaser or interested in any purchase under a sale made by him in the discharge of his official duties.

    2.  Any member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may supply or contract to supply, in the ordinary course of his business, goods, materials or services to any state or local agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    3.  A full- or part-time faculty member [in] of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.

    4.  A state officer, other than an officer described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.


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ê2001 Statutes of Nevada, Page 1628 (Chapter 343, SB 543)ê

 

plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    5.  Any contract made in violation of this section may be declared void at the instance of the state or of any other person interested in the contract except an officer prohibited from making or being interested in the contract.

    6.  Any person violating this section is guilty of a gross misdemeanor and shall forfeit his office.

    Sec. 3.  NRS 281.230 is hereby amended to read as follows:

    281.230  1.  Except as otherwise provided in this section and NRS 218.605, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:

    (a) State, county, municipal, district and township officers of the State of Nevada;

    (b) Deputies and employees of state, county, municipal, district and township officers; and

    (c) Officers and employees of quasi-municipal corporations.

    2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board or commission of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    3.  A full- or part-time faculty member [in] or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.

    4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    5.  A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

    (a) Where the commission, personal profit or compensation is $250 or more, for a category D felony as provided in NRS 193.130.

    (b) Where the commission, personal profit or compensation is less than $250, for a misdemeanor.

    6.  A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.


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ê2001 Statutes of Nevada, Page 1629 (Chapter 343, SB 543)ê

 

    Sec. 4.  NRS 281.505 is hereby amended to read as follows:

    281.505  1.  Except as otherwise provided in this section, a public officer or employee shall not bid on or enter into a contract between a governmental agency and any private business in which he has a significant pecuniary interest.

    2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board or commission, may, in the ordinary course of his business, bid on or enter into a contract with any governmental agency, except the board, commission or body of which he is a member, if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    3.  A full- or part-time faculty member [in] or employee of the University and Community College System of Nevada may bid on or enter into a contract with a governmental agency [if he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.] , or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the board of regents of the University of Nevada pursuant to section 1 of this act.

    4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, he has not taken part in developing the contract plans or specifications and he will not be personally involved in opening, considering or accepting offers.

    Sec. 5.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 344, SB 544

Senate Bill No. 544–Committee on Human Resources and Facilities

 

CHAPTER 344

 

AN ACT relating to the practice of pharmacy; requiring the state board of pharmacy to adopt requirements for the form, content and transmittal of prescriptions for controlled substances; clarifying the authority of the board to regulate pharmacies and wholesalers who offer services in this state via the Internet; revising the disciplinary action that may be taken by the board against the holder of a certificate, license or permit issued by the board; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 453.385 is hereby amended to read as follows:

    453.385  1.  Each prescription for a controlled substance [listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.

    2.  A prescription for a controlled substance must contain:


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ê2001 Statutes of Nevada, Page 1630 (Chapter 344, SB 544)ê

 

    (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

    (b) The classification of his license;

    (c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;

    (d) The name of the patient, and his address if not immediately available to the pharmacist;

    (e) The name, strength and quantity of the drug or drugs prescribed;

    (f) Directions for use; and

    (g) The date of issue.

    3.  A prescription for a controlled substance listed in:

    (a) Schedule III, IV or V must be signed by the practitioner pursuant to the regulations of the board and may be preprinted or written by an agent of the practitioner, or may be transmitted electronically or by a facsimile machine from the practitioner to a pharmacy pursuant to the regulations of the board.

    (b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:

         (1) The addresses of the patient and the practitioner may be added by the pharmacist.

         (2) The name of the practitioner, his address and the classification of his license must be preprinted on the prescription form.

         (3) The registration number of the practitioner assigned by the Drug Enforcement Administration may be preprinted on the prescription form.

         (4) The prescription may be transmitted by the practitioner or an agent of the practitioner to a pharmacy by a facsimile machine if the original written prescription is presented to the pharmacist for review before the dispensing of the controlled substance, except that:

             (I) If the controlled substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, the transmission from the facsimile machine shall be deemed to be the original written prescription.

             (II) If the controlled substance is prescribed for a resident of a facility for long-term care, the transmission from the facsimile machine shall be deemed to be the original written prescription and must be maintained in accordance with 21 C.F.R. § 1304.04(h).

         (5) If authorized by federal law, a prescription transmitted electronically is not required to be written and signed entirely by hand by the practitioner who issued the prescription.

    4.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.] must comply with the regulations of the board adopted pursuant to subsection 2.

    2.  The board shall, by regulation, adopt requirements for:

    (a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.

    (b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.


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ê2001 Statutes of Nevada, Page 1631 (Chapter 344, SB 544)ê

 

    (c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.

    3.  Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law.

    Sec. 2.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

    Sec. 3.  1.  The board shall adopt such regulations as are necessary for the safe and efficient operation of pharmacies and wholesalers that offer their services to persons in this state via the Internet.

    2.  For the purposes of this section, “pharmacy” includes any person who sells or offers to sell drugs to persons in this state via the Internet.

    Sec. 4.  For the purposes of NRS 639.2328 to 639.23286, inclusive, a “pharmacy located outside Nevada that provides mail order service to a resident of Nevada” includes any person who sells or offers to sell drugs to persons in this state via the Internet.

    Sec. 5.  NRS 639.0125 is hereby amended to read as follows:

    639.0125  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his profession in this state;

    2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

    3.  An advanced practitioner of nursing who has been authorized to prescribe poisons, dangerous drugs and devices; [or]

    4.  A physician assistant who:

    (a) Holds a license issued by the board of medical examiners; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS ; [.]

    5.  An osteopathic physician’s assistant who:

    (a) Holds a certificate issued by the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS [.] ; or

    6.  An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.


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ê2001 Statutes of Nevada, Page 1632 (Chapter 344, SB 544)ê

 

    Sec. 6.  NRS 639.230 is hereby amended to read as follows:

    639.230  1.  A pharmacy or a person operating as a pharmacy shall not use the word “drug” or “drugs,” “prescription” or “pharmacy,” or similar words or words of similar import, without first having secured a license from the board.

    2.  Each license must be issued to a specific person and for a specific location and is not transferable. The original license must [show the name of the owner and the name of the managing pharmacist and] be displayed on the licensed premises as provided in NRS 639.150. [If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners or corporate officers must be immediately reported to the board.] The original license and the fee required for reissuance of a license must be submitted to the board before the reissuance of the license.

    3.  If the owner of a pharmacy is a partnership or corporation, any change of partners or corporate officers must be reported to the board at such a time as is required by a regulation of the board.

    4.  In addition to the requirements for renewal set forth in NRS 639.180, every person holding a license to operate a pharmacy must satisfy the board that the pharmacy is conducted according to law.

    [4.] 5.  Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.

    Sec. 7.  NRS 639.2328 is hereby amended to read as follows:

    639.2328  1.  Every pharmacy located outside Nevada that provides mail order service to or solicits or advertises for orders for drugs available with a prescription from a resident of Nevada must be licensed by the board.

    2.  To be licensed or to renew a license, such a pharmacy [located outside Nevada] must:

    (a) Be licensed as a pharmacy, or the equivalent, by the state or country in which its dispensing facilities are located.

    (b) Comply with all applicable federal laws, regulations and standards.

    (c) Submit an application in the form furnished by the board.

    (d) Provide the following information to the board:

         (1) The name and address of the owner;

         (2) The location of the pharmacy;

         (3) The name of the pharmacist who is the managing pharmacist; and

         (4) Any other information the board deems necessary.

    (e) Pay the fee required by regulation of the board.

    (f) Submit evidence satisfactory to the board that the facility, records and operation of the pharmacy comply with the laws and regulations of the state or country in which the pharmacy is located.

    (g) Submit certification satisfactory to the board that the pharmacy complies with all lawful requests and directions from the regulatory board or licensing authority of the state or country in which the pharmacy is located relating to the shipment, mailing or delivery of drugs.

    3.  In addition to the requirements of subsection 2, the board may require [that the pharmacy located outside of Nevada] such a pharmacy to be inspected by the board.


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ê2001 Statutes of Nevada, Page 1633 (Chapter 344, SB 544)ê

 

    Sec. 8.  NRS 639.23282 is hereby amended to read as follows:

    639.23282  Before issuing a license to a pharmacy located outside [of Nevada to provide] Nevada that provides mail order service to [residents] a resident of Nevada, the board shall consider:

    1.  The qualifications and credentials of the applicant; and

    2.  Any suspension or revocation of a license or restriction on a license held by the applicant.

    Sec. 9.  NRS 639.23284 is hereby amended to read as follows:

    639.23284  Every pharmacy [that is] located outside Nevada [and] that provides mail order service to a resident of Nevada:

    1.  Shall report to the board any change of information that appears on its license and pay the fee required by regulation of the board.

    2.  Shall make available for inspection all pertinent records, reports, documents or other material or information required by the board.

    3.  As required by the board, must be inspected by the board or:

    (a) The regulatory board or licensing authority of the state or country in which the pharmacy is located; or

    (b) The Drug Enforcement Administration.

    4.  As required by the board, shall provide the following information concerning each prescription for a drug that is shipped, mailed or delivered to a resident of Nevada:

    (a) The name of the patient;

    (b) The name of the prescriber;

    (c) The number of the prescription;

    (d) The date of the prescription;

    (e) The name of the drug; and

    (f) The strength and quantity of the dose.

    Sec. 10.  NRS 639.23286 is hereby amended to read as follows:

    639.23286  A pharmacy [that is] located outside Nevada [and] that provides mail order service to a resident of Nevada:

    1.  May substitute a drug if the substitution is made in accordance with the provisions of the laws and regulations of the state or country in which the pharmacy is located.

    2.  Shall provide a toll-free telephone service for its customers to a pharmacist who has access to the records of the customers from Nevada. The telephone service must be available for not less than 5 days per week and for at least 40 hours per week. The telephone number must be disclosed on the label attached to each container of drugs dispensed to a resident of Nevada.

    Sec. 11.  NRS 639.2353 is hereby amended to read as follows:

    639.2353  Except as otherwise provided in a regulation adopted pursuant to NRS 453.385:

    1.  A prescription must be given:

    (a) Directly from the practitioner to a pharmacist;

    (b) Indirectly by means of an order signed by the practitioner;

    (c) By an oral order transmitted by an agent of the practitioner; or

    (d) Except as otherwise provided in subsection 5, by electronic transmission or transmission by a facsimile machine, including, without limitation, transmissions made from a facsimile machine to another facsimile machine, a computer equipped with a facsimile modem to a facsimile machine or a computer to another computer, pursuant to the regulations of the board.

    2.  A written prescription must contain:


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ê2001 Statutes of Nevada, Page 1634 (Chapter 344, SB 544)ê

 

    (a) [The] Except as otherwise provided in this section, the name and signature of the practitioner, and his address if not immediately available to the pharmacist;

    (b) The classification of his license;

    (c) [His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;

    (d)] The name of the patient, and his address if not immediately available to the pharmacist;

    [(e)] (d) The name, strength and quantity of the drug or drugs prescribed;

    [(f)] (e) Directions for use; and

    [(g)] (f) The date of issue.

    3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

    4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

    5.  A prescription for a controlled substance must not be given by electronic transmission or transmission by a facsimile machine unless authorized by federal law.

    6.  A prescription that is given by electronic transmission is not required to contain the signature of the practitioner if:

    (a) It contains a facsimile signature, security code or other mark that uniquely identifies the practitioner; or

    (b) A voice recognition system, biometric identification technique or other security system approved by the board is used to identify the practitioner.

    Sec. 12.  NRS 639.255 is hereby amended to read as follows:

    639.255  1.  The holder of any certificate, license or permit issued by the board, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods:

    (a) Suspending judgment;

    (b) Placing the certificate, license or permit holder on probation;

    (c) Suspending the right of a certificate holder to practice, or the right to use any license or permit, for a period [not to exceed 1 year;] to be determined by the board;

    (d) Revoking the certificate, license or permit;

    (e) Public reprimand;

    (f) Imposition of a fine [not to exceed $1,000] for each count of the accusation [;] , in accordance with the schedule of fines established pursuant to subsection 3; or

    (g) Requiring the certificate, license or permit holder to pay all costs and attorney’s fees incurred by the board relating to the discipline of the person.

    2.  Such action by the board is final, except that the propriety of such action is subject to review upon questions of law by a court of competent jurisdiction.


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ê2001 Statutes of Nevada, Page 1635 (Chapter 344, SB 544)ê

 

    3.  The board shall by regulation establish a schedule of fines that may be imposed pursuant to paragraph (f) of subsection 1. Each fine must be commensurate with the severity of the applicable violation, but must not exceed $10,000 for each violation.

    Sec. 13.  Section 2 of Assembly Bill No. 415 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 639.0745 is hereby amended to read as follows:

    639.0745  1.  The board may adopt regulations concerning [:

    (a) The] the transfer of information between pharmacies relating to prescriptions.

    [(b)] 2.  The board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug.

    [2.] The regulations must establish procedures to:

    (a) Ensure the security and confidentiality of the data that is transmitted between:

         (1) The practitioner and the pharmacy;

         (2) The practitioner and an insurer of the person for whom the prescription is issued; and

         (3) The pharmacy and an insurer of the person for whom the prescription is issued.

    (b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.

    (c) Verify the authenticity of a signature that is produced:

         (1) By the computer or other electronic device; or

         (2) Manually by the practitioner.

    3.  The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:

    (a) Misusing prescriptions to obtain excessive amounts of drugs.

    (b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.

    Sec. 14.  Section 2 of Senate Bill No. 52 of this session is hereby amended to read as follows:

    Sec. 2.  NRS 639.0125 is hereby amended to read as follows:

    639.0125  “Practitioner” means:

    1.  A physician, dentist, veterinarian or podiatric physician who holds a [valid] license to practice his profession in this state;

    2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state;

    3.  An advanced practitioner of nursing who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;

    4.  A physician assistant who:

    (a) Holds a license issued by the board of medical examiners; and


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ê2001 Statutes of Nevada, Page 1636 (Chapter 344, SB 544)ê

 

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;

    5.  An osteopathic physician’s assistant who:

    (a) Holds a certificate issued by the state board of osteopathic medicine; and

    (b) Is authorized by the board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or

    6.  An optometrist who is certified by the Nevada state board of optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when he prescribes or administers therapeutic pharmaceutical agents within the scope of his certification.

    Sec. 15.  Section 81 of Senate Bill No. 91 of this session is hereby repealed.

    Sec. 16.  1.  This section and section 15 of this act become effective upon passage and approval.

    2.  Sections 1 and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and at 12:01 a.m. on October 1, 2001, for all other purposes.

    3.  Sections 2, 3, 4 and 6 to 10, inclusive, of this act become effective on July 1, 2001.

    4.  Section 5 of this act becomes effective at 12:01 a.m. on July 1, 2001.

    5.  Section 14 of this act becomes effective at 12:02 a.m. on July 1, 2001.

    6.  Sections 11 and 13 of this act become effective at 12:01 a.m. on October 1, 2001.

________

 

CHAPTER 345, SB 548

Senate Bill No. 548–Committee on Judiciary

 

CHAPTER 345

 

AN ACT relating to offenders; revising the provisions relating to psychosexual evaluations and the process of certifying whether certain offenders may be granted probation; revising provisions relating to the restoration of civil rights of certain offenders who are honorably discharged from probation; revising the provisions relating to the process of certifying whether certain offenders may be released on parole; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 176.139 is hereby amended to read as follows:

    176.139  1.  If a defendant is convicted of a sexual offense for which the suspension of sentence or the granting of probation is permitted, the division shall arrange for a psychosexual evaluation of the defendant as part of the division’s presentence investigation and report to the court.

    2.  The psychosexual evaluation of the defendant must be conducted by a person professionally qualified to conduct psychosexual evaluations.


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ê2001 Statutes of Nevada, Page 1637 (Chapter 345, SB 548)ê

 

    3.  The person who conducts the psychosexual evaluation of the defendant must use diagnostic tools that are generally accepted as being within the standard of care for the evaluation of sex offenders, and the psychosexual evaluation of the defendant must include:

    (a) A comprehensive clinical interview with the defendant; and

    (b) A review of all investigative reports relating to the defendant’s sexual offense and all statements made by victims of that offense.

    4.  The psychosexual evaluation of the defendant may include:

    (a) A review of records relating to previous criminal offenses committed by the defendant;

    (b) A review of records relating to previous evaluations and treatment of the defendant;

    (c) A review of the defendant’s records from school;

    (d) Interviews with the defendant’s parents, the defendant’s spouse or other persons who may be significantly involved with the defendant or who may have relevant information relating to the defendant’s background; and

    (e) The use of psychological testing, polygraphic examinations and arousal assessment.

    5.  The person who conducts the psychosexual evaluation of the defendant must be given access to all records of the defendant that are necessary to conduct the evaluation, and the defendant shall be deemed to have waived all rights of confidentiality and all privileges relating to those records for the limited purpose of the evaluation.

    6.  The person who conducts the psychosexual evaluation of the defendant shall [prepare] :

    (a) Prepare a comprehensive written report of the results of the evaluation [and shall provide] ;

    (b) Include in the report all information that is necessary to carry out the provisions of NRS 176A.110; and

    (c) Provide a copy of [that] the report to the division.

    7.  If a psychosexual evaluation is conducted pursuant to this section, the court shall:

    (a) Order the defendant, to the extent of his financial ability, to pay for the cost of the psychosexual evaluation; or

    (b) If the defendant was less than 18 years of age when the sexual offense was committed and the defendant was certified and convicted as an adult, order the parents or guardians of the defendant, to the extent of their financial ability, to pay for the cost of the psychosexual evaluation. For the purposes of this paragraph, the court has jurisdiction over the parents or guardians of the defendant to the extent that is necessary to carry out the provisions of this paragraph.

    Sec. 2.  NRS 176.145 is hereby amended to read as follows:

    176.145  1.  The report of any presentence investigation must contain:

    (a) Any prior criminal record of the defendant;

    (b) Information concerning the characteristics of the defendant, his financial condition, the circumstances affecting his behavior and the circumstances of his offense that may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

    (c) Information concerning the effect that the offense committed by the defendant has had upon the victim, including, without limitation, any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;


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ê2001 Statutes of Nevada, Page 1638 (Chapter 345, SB 548)ê

 

the provisions of this paragraph do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or the division and the extent of the information to be included in the report is solely at the discretion of the division;

    (d) Information concerning whether the defendant has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;

    (e) Data or information concerning reports and investigations thereof made pursuant to chapter 432B of NRS that relate to the defendant and are made available pursuant to NRS 432B.290;

    (f) The results of the evaluation of the defendant conducted pursuant to NRS 484.3796, if such an evaluation is required pursuant to that section;

    (g) A recommendation of a minimum term and a maximum term of imprisonment or other term of imprisonment authorized by statute, or a fine, or both;

    (h) A recommendation, if the division deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176A.780;

    (i) [A] If a psychosexual evaluation of the defendant is required pursuant to NRS 176.139, a written report of the results of [a] the psychosexual evaluation of the defendant [, if such an evaluation is required pursuant to NRS 176.139;] and all information that is necessary to carry out the provisions of NRS 176A.110; and

    (j) Such other information as may be required by the court.

    2.  The division may include in the report any additional information that it believes may be helpful in imposing a sentence, in granting probation or in correctional treatment.

    Sec. 3.  NRS 176A.110 is hereby amended to read as follows:

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

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

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

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


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ê2001 Statutes of Nevada, Page 1639 (Chapter 345, SB 548)ê

 

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

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

    (b) Statutory sexual seduction pursuant to NRS 200.368.

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

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

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

    (f) Incest pursuant to NRS 201.180.

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

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

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

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

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

    (l) A violation of NRS 207.180.

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

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

    Sec. 4.  NRS 176A.850 is hereby amended to read as follows:

    176A.850  1.  A person who:

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

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

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

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

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

    3.  A person honorably discharged from probation [is] :

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

    (b) If he meets the requirements of NRS 176A.860, may apply to the [court, in person or by attorney, pursuant to NRS 176A.860, for the] division to request a restoration of his civil rights. [He] The person must be informed of [this privilege] the provisions of this section and NRS 176A.860 in his probation papers.

    4.  A person honorably discharged from probation who has had his civil rights restored by the court:

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

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

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

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


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ê2001 Statutes of Nevada, Page 1640 (Chapter 345, SB 548)ê

 

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

    Sec. 5.  NRS 176A.860 is hereby amended to read as follows:

    176A.860  [A convicted person who]

    1.  If a person is granted an honorable discharge from probation, [who has] not sooner than 6 months after his honorable discharge, the person may apply to the division to request a restoration of his civil rights if the person:

    (a) Has not previously been restored to his civil rights [, and who is] ; and

    (b) Has not been convicted of any offense greater than a traffic violation [within 6 months after the discharge, may apply] after his honorable discharge.

    2.  If a person applies to the division to request a restoration of his civil rights [. The application must be accompanied by] , the person must submit with his application a current, certified record of [the applicant’s] his criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the [applicant] person meets the requirements of this section, [it] the division shall petition the court in which the [applicant] person was convicted for an order granting the restoration [.] of his civil rights. If the division refuses to submit such a petition, the [applicant] person may, after notice to the division, directly petition the court for an order granting the restoration of his civil rights.

    Sec. 6.  NRS 213.1214 is hereby amended to read as follows:

    213.1214  1.  The board shall not release on parole a prisoner convicted of an offense listed in subsection 5 unless a panel consisting of:

    (a) The administrator of the division of mental health and developmental services of the department of human resources or his designee;

    (b) The director of the department of prisons or his designee; and

    (c) A psychologist licensed to practice in this state or a psychiatrist licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an institution of the department of prisons and [is not a menace to the health, safety or morals of others.] does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

    2.  A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the department of prisons may not be paroled unless a panel recertifies him in the manner set forth in subsection 1.

    3.  The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

    4.  This section does not create a right in any prisoner to be certified or to continue to be certified. No prisoner may bring a cause of action against the state, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the state or its political subdivisions for not certifying a prisoner pursuant to this section or for refusing to place a prisoner before a panel for certification pursuant to this section.


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ê2001 Statutes of Nevada, Page 1641 (Chapter 345, SB 548)ê

 

    5.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

    (a) Sexual assault pursuant to NRS 200.366.

    (b) Statutory sexual seduction pursuant to NRS 200.368.

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

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

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

    (f) Incest pursuant to NRS 201.180.

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

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

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

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

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

    (l) An attempt to commit an offense listed in paragraphs (a) to [(l),] (k), inclusive.

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

    Sec. 7.  1.  The amendatory provisions of sections 1, 2 and 3 of this act apply to any person who is given a psychosexual evaluation pursuant to NRS 176.139 or who is subject to the provisions of NRS 176A.110 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

    2.  The amendatory provisions of sections 4 and 5 of this act apply to any person who applies to the division of parole and probation of the department of motor vehicles and public safety to request a restoration of his civil rights pursuant to NRS 176A.860 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

    3.  The amendatory provisions of section 6 of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2001, whether or not the person was convicted before, on or after October 1, 2001.

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ê2001 Statutes of Nevada, Page 1642ê

 

CHAPTER 346, SB 563

Senate Bill No. 563–Committee on Government Affairs

 

CHAPTER 346

 

AN ACT relating to telecommunications; providing a procedure by which a customer may dispute a surcharge, fee or designation of place of primary use; changing the place of billing of the customers from which a supplier of mobile telephone service may collect certain fees; changing provisions relating to a limitation on fees charged by local government for a public utility that sells or resells wireless service; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a customer of a supplier of mobile telephone service believes that the amount of a surcharge imposed pursuant to NRS 244A.7643 or the designation of a place of primary use is incorrect, the customer may notify the supplier of mobile telephone service in writing of the alleged error. The notice must include:

    (a) The street address for the place of primary use of the customer;

    (b) The account number and name shown on the billing statement of the account for which the customer alleges the error;

    (c) A description of the alleged error; and

    (d) Any other information which the supplier of mobile telephone service may reasonably require to investigate the alleged error.

    2.  Within 60 days after receiving a notice sent pursuant to subsection 1, the supplier of mobile telephone service shall review the records that the supplier of mobile telephone service uses to determine the place of primary use of its customers.

    3.  If the review indicates:

    (a) That the alleged error exists, the supplier of mobile telephone service shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the supplier of mobile telephone service of the alleged error.

    (b) That no error exists, the supplier of mobile service shall provide a written explanation to the customer who alleged the error.

    4.  A customer may not bring a cause of action against a supplier of mobile telephone service for surcharges incorrectly imposed pursuant to NRS 244A.7643 unless he first complies with this section.

    Sec. 2.  NRS 244A.7641 is hereby amended to read as follows:

    244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Mobile telephone service” means cellular or other service to a telephone installed in a vehicle or otherwise portable.

    2.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.

    3.  “Supplier” means a person authorized by the Federal Communications Commission to provide mobile telephone service.


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ê2001 Statutes of Nevada, Page 1643 (Chapter 346, SB 563)ê

 

    Sec. 3.  NRS 244A.7643 is hereby amended to read as follows:

    244A.7643  1.  The board of county commissioners in a county whose population is more than 100,000 but less than 400,000 may, by ordinance, impose a surcharge on:

    (a) Each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the county; and

    (b) The mobile telephone service provided to each customer of that service [who resides] whose place of primary use is in the county,

for the enhancement of the telephone system for reporting an emergency in the county.

    2.  The surcharge imposed by a board of county commissioners pursuant to subsection 1:

    (a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month;

    (b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a); and

    (c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).

    3.  A telephone company which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county [,] shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telephone company or supplier shall remit the surcharge it collects to the treasurer of the county where the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

    4.  An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies or suppliers pursuant to this section. Such a schedule:

    (a) Must provide for a grace period of not less than 90 days after the date on which the telephone company or supplier must otherwise remit the surcharge to the county treasurer; and

    (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company or a supplier.

    5.  As used in this section, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telephone company and the local exchange of the telephone company.

    Sec. 4.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

    Sec. 5.  1.  If a customer of a public utility that sells or resells personal wireless services believes that the amount of a fee imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, or the designation of a place of primary use is incorrect, the customer may notify the public utility in writing of the alleged error. The notice must include:

    (a) The street address for the place of primary use of the customer;

    (b) The account number and name shown on the billing statement of the account for which the customer alleges the error;


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ê2001 Statutes of Nevada, Page 1644 (Chapter 346, SB 563)ê

 

    (c) A description of the alleged error; and

    (d) Any other information which the public utility may reasonably require to investigate the alleged error.

    2.  Within 60 days after receiving a notice sent pursuant to subsection 1, the public utility shall review the records which the public utility uses to determine the place of primary use of its customers.

    3.  If the review indicates:

    (a) That the alleged error exists, the public utility shall correct the error and refund or credit the customer for the amount which was erroneously collected for the applicable period, not to exceed the 24 months immediately preceding the date on which the customer notified the public utility of the alleged error.

    (b) That no error exists, the public utility shall provide a written explanation to the customer who alleged the error.

    4.  A customer may not bring a cause of action against a public utility that sells or resells personal wireless services for fees incorrectly imposed pursuant to this section and NRS 354.59881 to 354.59889, inclusive, unless he first complies with this section.

    Sec. 6.  “Place of primary use” has the meaning ascribed to it in 4 U.S.C. § 124(8), as that section existed on August 1, 2002.

    Sec. 7.  NRS 354.59881 is hereby amended to read as follows:

    354.59881  As used in NRS 354.59881 to 354.59889, inclusive, and sections 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.598811 to 354.598818, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

    Sec. 8.  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 sells or resells personal wireless services, 5 percent of its gross revenue from the first $15 charged monthly for each line of access for each of its customers [who has a billing address] whose place of primary use is located within the jurisdiction of the city or county.

    Secs. 9-11.  (Deleted by amendment.)

    Sec. 12.  This act becomes effective on August 1, 2002.

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ê2001 Statutes of Nevada, Page 1645ê

 

CHAPTER 347, AB 77

Assembly Bill No. 77–Committee on Government Affairs

 

CHAPTER 347

 

AN ACT relating to unclaimed property; revising provisions governing when unclaimed property is presumed abandoned; providing for a limited exemption from interest penalties for the late payment or delivery of abandoned property under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 120A.160 is hereby amended to read as follows:

    120A.160  The following property held or owing by a banking or financial organization or by a business association is presumed abandoned:

    1.  Any demand, savings or matured time deposit or other certificate of deposit with a banking organization, together with any interest or dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization, unless the owner has within [5] 3 years:

    (a) In the case of a deposit, increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;

    (b) Communicated in writing with the banking organization concerning the property;

    (c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization;

    (d) Owned other property to which paragraph (a), (b) or (c) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or

    (e) Had another relationship with the banking or financial organization concerning which the owner has:

         (1) Communicated in writing with the banking or financial organization; or

         (2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.

For the purposes of this subsection, “property” includes interest and dividends.

    2.  Any property described in subsection 1 that is automatically renewable is matured for purposes of subsection 1 upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given.


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ê2001 Statutes of Nevada, Page 1646 (Chapter 347, AB 77)ê

 

evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in NRS 120A.320, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.

    3.  Any sum payable on a check certified in this state or on a written instrument issued in this state on which a banking or financial organization or business association is directly liable, including any draft or cashier’s check, which has been outstanding for more than 5 years after the date it was payable, or after the date of its issuance if payable on demand, or any sum payable on a money order which has been outstanding for more than 7 years after its issuance, or any sum payable on a traveler’s check which has been outstanding for more than 15 years after the date of its issuance, unless the owner has within the specified period corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.

    4.  Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than [5] 3 years from the date on which the lease or rental period expired. A safe-deposit box for which no rent is charged or which is provided to the user because of a specific amount deposited with a banking or financial organization or business association is presumed abandoned at the same time as the account for which it was given.

    Sec. 2.  NRS 120A.170 is hereby amended to read as follows:

    120A.170  1.  Unclaimed money held and owing by an insurance company is presumed abandoned if the last known address, according to the records of the company, of the person entitled to the money is within this state. If a person other than the insured or annuitant is entitled to the money and no address of such person is known to the company or if it is not definite and certain from the records of the company what person is entitled to the money, it is presumed that the last known address of the person entitled to the money is the same as the last known address of the insured or annuitant according to the records of the company.

    2.  “Unclaimed money,” as used in this section, means all money held and owing by any insurance company unclaimed and unpaid for more than [5] 3 years after the money became due and payable as established from the records of the company under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured shall be deemed matured and the proceeds thereof deemed due if the policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding [5] 3 years:

    (a) Assigned, readjusted or paid premiums on the policy or subjected the policy to loan; or

    (b) Corresponded in writing with the insurance company concerning the policy.


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ê2001 Statutes of Nevada, Page 1647 (Chapter 347, AB 77)ê

 

    3.  Money otherwise payable according to the records of the company shall be deemed due although the policy or contract has not been surrendered as required.

    Sec. 3.  NRS 120A.190 is hereby amended to read as follows:

    120A.190  1.  Any stock or other intangible interest, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association is presumed abandoned if, within [5] 3 years after the date prescribed for payment or delivery the shareholder, certificate holder, member, bondholder, other security holder or the participating patron of a cooperative has not claimed the property, corresponded in writing with the business association or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the association. As to that property, the business association shall be deemed to be the holder.

    2.  Any dividend, profit, interest or other distributions held for or owing to a person at the time the stock or other property to which they attach are presumed to be abandoned shall be deemed to be abandoned at the same time as the stock or other property.

    3.  This section does not apply to any stock or other intangible interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible interest not enrolled in the reinvestment plan, that the owner has not within [5] 3 years communicated in any manner described in subsection 1.

    Sec. 4.  NRS 120A.210 is hereby amended to read as follows:

    120A.210  All intangible personal property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within [5] 3 years after it becomes payable or distributable, increased or decreased the principal, accepted payment of principal or income, corresponded in writing concerning the property or otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:

    1.  If the property is held by a banking organization or a financial organization or by a business association organized under the laws of or created in this state;

    2.  If it is held by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last known address of the person entitled thereto is in this state; or

    3.  If it is held in this state by any other person.

    Sec. 5.  NRS 120A.220 is hereby amended to read as follows:

    120A.220  [All] Except as otherwise provided in NRS 607.170, 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] 3 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.


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ê2001 Statutes of Nevada, Page 1648 (Chapter 347, AB 77)ê

 

This section does not apply to refunds held by the public utilities commission of Nevada pursuant to NRS 703.375.

    Sec. 6.  NRS 120A.230 is hereby amended to read as follows:

    120A.230  All intangible personal property not otherwise covered by this chapter, including any income or increment thereon and deducting any lawful charges, that is held or owing in this state in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than [5] 3 years after it became payable or distributable is presumed abandoned.

    Sec. 7.  NRS 120A.270 is hereby amended to read as follows:

    120A.270  Any banking or financial organization or business association which holds property for another, if it does not hold property presumed to be abandoned, shall file a report with the administrator, on or before November 1 of each [5] 3-year period after November 1, [1984,] 1999, which indicates that it is not a holder of any property presumed to be abandoned during that period. The reports of an insurance company under this section must be filed before May 1 of each year for the preceding calendar years.

    Sec. 8.  NRS 32.020 is hereby amended to read as follows:

    32.020  1.  In any receivership proceeding instituted in which a dividend has been declared and ordered paid to creditors, any dividend which remains unclaimed for [5] 3 years reverts to the general fund of the estate and must be applied as follows:

    (a) To the payment of costs and expenses of the administration of the estate and receivership.

    (b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full. After those claims have been paid in full the balance is presumed abandoned under NRS 120A.210.

    2.  This section applies to any receivership proceeding which may be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or natural person.

    Sec. 9.  NRS 381.009 is hereby amended to read as follows:

    381.009  1.  Any property held by an institution for [10] 3 years or more, to which no person has made claim, shall be deemed to be abandoned and becomes the property of the division if the administrator complies with the provisions of subsection 2.

    2.  The administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:

    (a) The name and last known address, if any, of the last known owner of the property;

    (b) A description of the property; and

    (c) A statement that if proof of a claim is not presented by the owner to the institution and if the owner’s right to receive the property is not established to the administrator’s satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the division.

    3.  If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the division, free from all claims of the owner and of all persons claiming through or under him.


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ê2001 Statutes of Nevada, Page 1649 (Chapter 347, AB 77)ê

 

    Sec. 10.  NRS 463.635 is hereby amended to read as follows:

    463.635  1.  If a corporation, partnership, limited partnership, limited-liability company or other business organization applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, or if a publicly traded corporation applies for or holds a state gaming license, the publicly traded corporation shall:

    (a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, which must:

         (1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.

         (2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.

    (b) Register with the commission and provide the following information to the board:

         (1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.

         (2) The rights and privileges accorded the holders of different classes of its authorized equity securities.

         (3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.

         (4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the gaming licensee.

         (5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason [whatsoever.] whatever.

         (6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in the administration or supervision of the gaming activities of the gaming licensee.

         (7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee.

         (8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the gaming licensee.

         (9) Options existing or from time to time created in respect of its equity securities.

         (10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation.


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ê2001 Statutes of Nevada, Page 1650 (Chapter 347, AB 77)ê

 

incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.

         (11) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.

         (12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of this state, or licensed gambling, or both. The board or the commission may make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.

    (c) Apply for an order of registration from the commission which must set forth a description of the publicly traded corporation’s affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by those entities. The commission may issue an order of registration upon receipt of a proper application. If the information set forth in an order of registration changes, the publicly traded corporation shall apply for and the commission may issue amendments to and revisions of the order of registration to reflect the changes.

    (d) If the publicly traded corporation is a foreign corporation, qualify to do business in this state.

    2.  If the board determines that a publicly traded corporation registered with the commission, or any of its affiliates or intermediary companies, have ceased engaging in gaming activities in Nevada, the board may, upon its own motion, recommend that the commission deregister the publicly traded corporation. Before making such a recommendation for deregistration, the board shall provide at least 30 days’ notice to the publicly traded corporation that it intends to move for deregistration. If the board is unable to confirm that notice has been received by the publicly traded corporation, the board shall provide notice to the last known address of the registered agent of the publicly traded corporation. If the commission issues an order deregistering the publicly traded corporation, a copy of the order must be provided to the publicly traded corporation together with a notice that the publicly traded corporation must apply, within [5] 3 years after the date of the order of deregistration, to the commission for a refund of any money of the publicly traded corporation held by the board. If the commission is unable to confirm that the publicly traded corporation has received the order, the commission shall provide the order to the last known address of the registered agent of the publicly traded corporation. The publicly traded corporation must apply to the board for a refund of any investigative or other money of the publicly traded corporation held by the board within [5] 3 years after the date of deregistration. The money of the publicly traded corporation for which a refund is not requested within [5] 3 years after the date of deregistration is presumed abandoned and is subject to the provisions of chapter 120A of NRS.

    3.  The commission may adopt regulations that generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.


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ê2001 Statutes of Nevada, Page 1651 (Chapter 347, AB 77)ê

 

limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.

    Sec. 11.  (Deleted by amendment.)

    Sec. 12.  NRS 663.085 is hereby amended to read as follows:

    663.085  1.  If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. If the contents of the safe-deposit box have been unclaimed by the owner for [5] 3 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box, until such time that the contents will have been unclaimed by the owner for more than [5] 3 years, at which time the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.

    2.  If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than [5] 3 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.

    Sec. 13.  NRS 673.373 is hereby amended to read as follows:

    673.373  1.  If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. If the contents of the safe-deposit box have been unclaimed by the owner for [5] 3 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box, until such time that the contents will have been unclaimed by the owner for more than [5] 3 years, at which time the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.


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ê2001 Statutes of Nevada, Page 1652 (Chapter 347, AB 77)ê

 

    2.  If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than [5] 3 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.

    Sec. 14.  For purposes of sections 1 to 13, inclusive, of this act:

    1.  Except as otherwise provided in subsection 2, property that has been abandoned for the period established pursuant to the amendatory provisions of this act as of the effective date of this act shall be deemed to be abandoned property for purposes of chapter 120A of NRS.

    2.  Any notice required by a specific statute must be given before property may be deemed abandoned pursuant to subsection 1.

    Sec. 15.  1.  Notwithstanding the provisions of NRS 120A.450, interest may not be imposed upon any abandoned property paid or delivered to the division before July 1, 2002, if:

    (a) On July 1, 2001, with regard to the abandoned property, the holder of the abandoned property is not:

         (1) The subject of an investigation or prosecution;

         (2) The subject of an audit; or

         (3) A party to litigation pursuant to NRS 120A.430;

    (b) The abandoned property was required to be reported before July 1, 2001, pursuant to NRS 120A.250 or 120A.270;

    (c) The abandoned property is paid or delivered directly to the division or its authorized agent, together with a report that includes:

         (1) Except with respect to traveler’s checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50 or more presumed abandoned pursuant to this chapter;

         (2) In case of unclaimed money held by an insurance company, the full name of the insured or annuitant and his last known address according to the records of the corporation;

         (3) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50 each may be reported in the aggregate;

         (4) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property; and

         (5) Any other information that the administrator prescribes by regulation as necessary for the administration of this section;

    (d) Abandoned property that includes securities is remitted as set forth in NRS 120A.320; and

    (e) The records of the holder are maintained in a manner, satisfactory to the administrator, that permits verification of compliance with this section.

    2.  All abandoned property reported on or after July 1, 2001, must be reported separately from abandoned property reported before July 1, 2001, and may not be reported with abandoned property that is not eligible for exemption from NRS 120A.450 pursuant to this section.

    3.  The administrator shall:

    (a) Provide information to the public concerning the provisions of this section; and


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ê2001 Statutes of Nevada, Page 1653 (Chapter 347, AB 77)ê

 

    (b) Submit a report to the legislature on or before January 15, 2003, that includes a full accounting of all abandoned property surrendered pursuant to this section, the date abandoned property was surrendered and the identities of the holders of the surrendered property.

    4.  This section does not:

    (a) Create an entitlement to a refund of interest or penalties paid to the division before July 1, 2001, pursuant to NRS 120A.450;

    (b) Prohibit civil liability for false claims pursuant to NRS 357.040;

    (c) Prevent prosecution of a person who violates NRS 120A.440; or

    (d) Provide for the granting of an extension for filing a report required by NRS 120A.250.

    5.  As used in this section:

    (a) “Audit” includes, without limitation, an audit or examination of records of a holder conducted by the administrator or commissioner of financial institutions pursuant to NRS 120A.420 or any other law authorizing an audit or examination of the records of a holder.

    (b) “Investigation or prosecution” includes, without limitation:

         (1) Any investigation conducted by the attorney general pursuant to NRS 357.070 or any other law authorizing investigation; or

         (2) Any prosecution conducted by the attorney general or a district attorney pursuant to NRS 120A.440 or any other law authorizing prosecution,

of a holder for a violation of chapter 120A of NRS.

    Sec. 16.  1.  This section and sections 1 to 4, inclusive, and 6 to 15, inclusive, of this act become effective upon passage and approval.

    2.  Section 5 of this act becomes effective on July 1, 2001.

________

 

CHAPTER 348, AB 102

Assembly Bill No. 102–Committee on Government Affairs

 

CHAPTER 348

 

AN ACT relating to historic preservation; authorizing certain fund raising to benefit historic places or programs pursuant to which a donor of money is, under certain circumstances, allowed to name a historic place or portion thereof; revising the qualifications for membership on the Comstock historic district commission; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 383 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A nonprofit organization that has as its primary purpose the raising of money to benefit historic places in this state that are listed in the state register of historic places or the national register of historic places, or programs conducted pursuant thereto, may, with the approval of the administrator, engage in a program to raise money to benefit such a historic place or program pursuant to which a donor of money is allowed to name such a historic place, or any portion thereof, that receives any part of its funding from or through this state.


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ê2001 Statutes of Nevada, Page 1654 (Chapter 348, AB 102)ê

 

    2.  The administrator shall not approve a program pursuant to which a donor is allowed to rename a historic place or any portion thereof.

    3.  The administrator may adopt such regulations as he determines are necessary to carry out the provisions of this section.

    Sec. 2.  NRS 384.050 is hereby amended to read as follows:

    384.050  1.  The governor shall appoint to the commission:

    (a) One member who is a county commissioner of Storey County.

    (b) One member who is a county commissioner of Lyon County.

    (c) One member who is the administrator or an employee of the office of historic preservation of the department of cultural affairs.

    (d) Two members who are persons licensed as general engineering contractors or general building contractors pursuant to chapter 624 of NRS or persons who hold a certificate of registration to practice architecture [in this state.] pursuant to chapter 623 of NRS.

    (e) Four members who are persons interested in the protection and preservation of structures, sites and areas of historic interest and are residents of the district.

    2.  The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are elected and qualified.

    3.  Each member of the commission is entitled to receive a salary of not more than $80, as fixed by the commission, for each day’s attendance at a meeting of the commission.

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

________

 

CHAPTER 349, AB 197

Assembly Bill No. 197–Assemblymen Leslie, Bache, Parks, de Braga, Gibbons, Brower, Buckley, Chowning, Freeman, Giunchigliani, Humke, Koivisto, Manendo, McClain, Parnell, Smith and Williams

 

CHAPTER 349

 

AN ACT relating to electric services; requiring electric utilities and alternative sellers to disclose to customers certain information concerning electric services and any products and services relating thereto; setting forth the types of information that must be disclosed by the electric utilities and alternative sellers; requiring the public utilities commission of Nevada to adopt regulations; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  On and after October 1, 2001, each electric utility shall disclose to its customers information about electric services, and any products and services relating thereto, that are being provided to or purchased for those customers by the electric utility. The disclosure must:

    (a) Be in a standard, uniform format established by the commission by regulation;


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ê2001 Statutes of Nevada, Page 1655 (Chapter 349, AB 197)ê

 

    (b) Be included:

         (1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its customers; and

         (2) If the electric utility maintains a website on the Internet or its successor, if any, on that website; and

    (c) Include adequate information so that a customer can readily evaluate his options for obtaining electric services or any products or services relating thereto.

    2.  A disclosure required by this section must include, if applicable:

    (a) The average mix of fuel sources used to create the electricity, including, without limitation, oil, coal, gas, solar energy, hydroelectric energy, wind, biofuel, nuclear energy, energy from the incineration of solid waste, biomass and any other specific source that is used to generate the electricity provided to the customer. An electric utility may, if available, use a regional average that has been determined by the commission for that portion of electricity purchased by the customer for which the specific mix of fuel sources cannot be discerned.

    (b) The average emissions, measured in pounds per megawatt hour, of high-level radioactive waste generated, if any, sulfur dioxide, carbon dioxide, oxides of nitrogen, heavy metals and any other emission that the commission, in cooperation with the division of environmental protection of the state department of conservation and natural resources, determines may cause a significant health or environmental impact and for which sufficiently accurate and reliable data is available. If an electric utility uses a regional average for the mix of fuel sources pursuant to paragraph (a), the electric utility shall, if available, also use a regional calculation for emissions that has been determined by the commission.

    (c) Information concerning customer service.

    (d) Information concerning energy programs that provide assistance to persons with low incomes, including information on applying for these programs.

    3.  An electric utility:

    (a) Shall make the disclosures required pursuant to this section in accordance with the requirements adopted by the commission as to form and substance; and

    (b) Shall ensure that it provides the information in compliance with all applicable state and federal law governing unfair advertising and labeling.

    4.  The commission shall adopt such regulations concerning form and substance for the disclosures required by this section as are necessary to ensure that customers are provided with sufficient information so that they can readily evaluate their options for obtaining electric services and any products and services relating thereto.

    5.  On and after the date upon which customers may begin obtaining generation, aggregation, metering, billing and any other potentially competitive services from alternative sellers, an alternative seller is subject to all of the provisions of this section that are applicable to an electric utility.

    6.  As used in this section:

    (a) “Biomass” means crops grown specifically for the production of energy and organic waste.


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ê2001 Statutes of Nevada, Page 1656 (Chapter 349, AB 197)ê

 

    (b) “Electric utility” includes an electric distribution utility and a vertically integrated electric utility, and any affiliate or successor organization thereof.

    Sec. 2.  NRS 704.965 is hereby amended to read as follows:

    704.965  As used in NRS 704.965 to 704.990, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.966 to 704.975, inclusive, have the meanings ascribed to them in those sections.

________

 

CHAPTER 350, AB 202

Assembly Bill No. 202–Assemblymen Bache, Giunchigliani, Perkins, Williams, Berman, Anderson, Buckley, de Braga, Lee, Leslie, Manendo, Mortenson, Parks, Tiffany and Von Tobel

 

Joint Sponsors: Senators O’Connell, Wiener, Titus, Schneider and Shaffer

 

CHAPTER 350

 

AN ACT relating to metropolitan police departments; revising provisions relating to withdrawal from or dissolution of a department; requiring the approval of the voters for withdrawal from or dissolution of a department; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 280 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  1.  If a participating political subdivision in a department that consists of three or more participating political subdivisions wishes to withdraw from the department, the participating political subdivision must submit the question of whether the political subdivision should withdraw from the department to the registered voters of the political subdivision at a general election held pursuant to NRS 293.12755. The participating political subdivision shall give notice of its intent to withdraw to the other participating political subdivisions at least 6 months before that general election. If a majority of the voters approve the question, the effective date of the withdrawal is the commencement of the fiscal year immediately following the general election at which the question of withdrawal is approved. The ordinance that had been adopted by the withdrawing political subdivision providing for the merger is void on the effective date of the withdrawal.

    2.  If a department consists of:

    (a) Two participating political subdivisions and one of the participating political subdivisions determines that it wishes to withdraw; or

    (b) Three or more participating political subdivisions and all or all except one of the participating political subdivisions determine that they wish to withdraw,

the participating political subdivisions must each submit the question of whether the department should be dissolved to the registered voters within their jurisdiction at the next general election held pursuant to NRS 293.12755.


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ê2001 Statutes of Nevada, Page 1657 (Chapter 350, AB 202)ê

 

their jurisdiction at the next general election held pursuant to NRS 293.12755. If a majority of the total votes cast on the question are in favor of the dissolution of the department, the effective date of the dissolution is the commencement of the fiscal year immediately following the general election at which the question of dissolution is approved. The ordinances that had been adopted by the participating political subdivisions providing for the merger are void on the effective date of the dissolution.

    Sec. 3.  1.  Upon the withdrawal of a participating political subdivision from the department, the committee, in cooperation with the withdrawing political subdivision, shall determine the employees of the department that must be transferred to the law enforcement agency of the withdrawing political subdivision.

    2.  Such employees must hold positions of rank and grade comparable to their positions with the department before their transfer to the withdrawing political subdivision and are entitled to suffer no loss in pay, pension, fringe benefits or other job benefits by reason of the transfer.

    3.  Sick leave, longevity and vacation time accrued to such employees in the service of the department must be credited to them as employees of the law enforcement agency of the withdrawing political subdivision. All rights and accruals of such employees as members of the public employees’ retirement system pursuant to the Public Employees’ Retirement Act remain in force and must be automatically transferred from the department to the law enforcement agency of the withdrawing political subdivision.

    4.  The duties and responsibilities of such employees must not be diminished by reason of their transfer to the withdrawing political subdivision, but their area and division of assignment may be changed at the discretion of the chief law enforcement officer of the law enforcement agency of the withdrawing political subdivision.

    Sec. 4.  1.  Upon the dissolution of a department, employees of the department may, at the discretion of the employee, obtain employment with the political subdivision in the boundaries of which the employee had performed the majority of his duties for the department during the fiscal year immediately preceding dissolution.

    2.  Such employees must hold positions of rank and grade comparable to their positions before dissolution and are entitled to suffer no loss in pay, pension, fringe benefits or other job benefits by reason of the dissolution.

    3.  Sick leave, longevity and vacation time accrued to such employees in the service of the department must be credited to them as employees of the law enforcement agencies of the political subdivisions participating in the department at the time of dissolution. All rights and accruals of such employees as members of the public employees’ retirement system pursuant to the Public Employees’ Retirement Act remain in force and must be automatically transferred from the department to such law enforcement agencies.


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ê2001 Statutes of Nevada, Page 1658 (Chapter 350, AB 202)ê

 

    4.  The duties and responsibilities of such employees must not be diminished by reason of the dissolution, but their area and division of assignment may be changed at the discretion of chief law enforcement officers of the law enforcement agencies of the political subdivisions to which the employees are transferred upon dissolution.

    Sec. 5.  1.  Any contract, franchise or other agreement into which a department enters after merger for goods or services is subject to rescission by either party if one or more of the participating political subdivisions withdraw from the department or the department is dissolved.

    2.  A valid claim against a department arising from law enforcement activity is not diminished or altered by reason of the dissolution of the department. The participating political subdivisions at the time of dissolution are liable for any claims resulting from any pending action or proceeding which involves any debt, demand, liability or obligation or which has been brought by or against the department after the merger, irrespective of the nature of such matter in litigation.

    Sec. 6.  NRS 280.110 is hereby amended to read as follows:

    280.110  1.  The board of county commissioners of any county and the governing body of any city or cities located in the county may merge their respective law enforcement agencies into one metropolitan police department. To do so, the board of county commissioners of the participating county and the governing body of each participating city must each adopt an ordinance providing for the merger. Except with respect to an ordinance providing for the reorganization of an existing department pursuant to the provisions of this chapter, any ordinance providing for a merger must be adopted and become effective on or before November 30 in the year preceding the commencement of the fiscal year in which the merger is to occur.

    2.  [Any participating political subdivision may withdraw from the metropolitan police department by repealing the ordinance providing for the merger. The withdrawal must be effective at the beginning of a fiscal year and notice must be given to all other participating political subdivisions at least 6 months in advance of that date.

    3.]  If the act or charter under which a participating city is organized provides for the appointment of a chief of police and his duties of law enforcement and the governing body of the city adopts an ordinance for the merger authorized by this section:

    (a) The charter provision for appointment of a chief of police shall be deemed superseded as long as the ordinance providing for a merger of the police department of the participating city remains in effect.

    (b) The duties of law enforcement vested in the law enforcement agencies designated in the merger, devolve upon the metropolitan police department, except the duty to construct, maintain or operate any county or city jail or detention facility.

    [4.] 3.  Any nonparticipating city may, by adopting an ordinance providing for a merger, merge its law enforcement agency into an existing metropolitan police department with the unanimous consent of the committee and subject to such rules and regulations as the committee may adopt which are consistent with the provisions of this chapter.


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ê2001 Statutes of Nevada, Page 1659 (Chapter 350, AB 202)ê

 

    Sec. 7.  NRS 280.220 is hereby amended to read as follows:

    280.220  1.  Upon merger, the county auditor or county comptroller of a county which has a department shall:

    [1.] (a) Create in the county treasury one or more funds and accounts within those funds, pursuant to the provisions of NRS 354.470 to 354.626, inclusive, as the department may request, for the exclusive use of the department.

    [2.] (b) Receive all money from the county, participating cities and any other source on behalf of the department and deposit the money in the appropriate department fund.

    [3.] (c) Receive all money collected by the department for any purpose, except criminal and civil fines, and deposit the money in the appropriate department fund.

    [4.] (d) Issue warrants against a department fund in the manner provided in this chapter.

    [5.] (e) Credit any interest earned on money held in a department fund to any such fund designated by the department.

    [6.] (f) Retain in each department fund any balances remaining at the end of each fiscal year.

    2.  Within 30 days after the effective date of the withdrawal of a participating political subdivision from the department, the county auditor or county comptroller shall issue a warrant to pay to the withdrawing political subdivision any money held in a department fund that is attributable to the withdrawing political subdivision based on the proportion that the total budgetary contribution of the withdrawing political subdivision to the department bears to the total budgetary contributions of all the participating political subdivisions to the department since the time of merger.

    3.  Within 30 days after the effective date of the dissolution of the department, the county auditor or county comptroller shall disburse any money held in a department fund to the participating political subdivisions at the time of dissolution based on the proportion that the total budgetary contribution of each participating political subdivision to the department bears to the total budgetary contributions of all the participating political subdivisions to the department since the time of merger.

    Sec. 8.  NRS 280.262 is hereby amended to read as follows:

    280.262  1.  In each county in which a metropolitan police department is established, there is hereby created a taxing district consisting of:

    [1.] (a) The area within the boundaries of each incorporated city which participates in the department; and

    [2.] (b) The area of the county outside the boundaries of any incorporated city.

    2.  The boundary of the taxing district must not be altered or abolished as a result of the withdrawal of a participating political subdivision from the department or the dissolution of the department in such a manner as to impair any outstanding bonds or other obligations that are payable from or secured by a pledge of a tax imposed in the taxing district until those bonds or other obligations have been discharged in full.

    Sec. 9.  NRS 280.264 is hereby amended to read as follows:

    280.264  1.  The committee may, with the consent of the governing body of the county and each participating city, borrow money from time to time as general obligations to construct buildings or improve property used by the department, except a county or city jail or detention facility.


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ê2001 Statutes of Nevada, Page 1660 (Chapter 350, AB 202)ê

 

by the department, except a county or city jail or detention facility. For this purpose, the committee is a “governing body” within the meaning of NRS 350.524.

    2.  If general obligations are issued pursuant to this section, the committee shall determine the amount required in each fiscal year to pay the interest and required installments of principal, and report this amount to the Nevada tax commission as the budgets of local governments are reported, for the levy of the requisite tax on all taxable property within the taxing district.

    3.  For the purposes of any debt limitation of a county or city, obligations issued pursuant to this section shall be deemed to be the respective general obligations of the county and each of the cities in the same proportion as the percentage of the department’s expenses paid by the county and each of the cities pursuant to the formula in effect at the time the obligations are issued.

    4.  If a participating political subdivision withdraws from the department, the withdrawing political subdivision becomes liable for the proportion of the indebtedness for the general obligations issued pursuant to this section that is attributable to the withdrawing political subdivision based on the percentage of the department’s expenses paid by the withdrawing political subdivision pursuant to the formula in effect at the time the general obligations were issued.

    5.  Each participating political subdivision at the time of dissolution becomes liable for the proportion of the indebtedness for the general obligations issued pursuant to this section that is attributable to each participating political subdivision based on the percentage of the department’s expenses paid by each participating political subdivision pursuant to the formula in effect at the time the general obligations were issued.

    Sec. 10.  NRS 280.266 is hereby amended to read as follows:

    280.266  1.  Upon the adoption of a resolution pursuant to NRS 350.087, the committee may issue a medium-term obligation to purchase capital equipment or enter into a lease-purchase agreement for capital equipment.

    2.  The committee is not required to comply with the provisions of NRS 350.089 if it issues a medium-term obligation for a lease-purchase agreement for capital equipment.

    3.  If a participating political subdivision withdraws from the department, the withdrawing political subdivision becomes liable for the proportion of the indebtedness for the medium-term obligations issued pursuant to this section that is attributable to the withdrawing political subdivision based on the percentage of the department’s expenses paid by the withdrawing political subdivision pursuant to the formula in effect at the time the medium-term obligations were issued.

    4.  Each participating political subdivision at the time of dissolution becomes liable for the proportion of the indebtedness for the medium-term obligations issued pursuant to this section that is attributable to each participating political subdivision based on the percentage of the department’s expenses paid by each participating political subdivision pursuant to the formula in effect at the time the medium-term obligations were issued.


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ê2001 Statutes of Nevada, Page 1661 (Chapter 350, AB 202)ê

 

    Sec. 11.  NRS 280.340 is hereby amended to read as follows:

    280.340  1.  Upon merger, the title to and possession of all personal property which is:

    (a) Owned or held by, or in trust for, any of the participating political subdivisions, or by their officers or agencies in trust for public use; and

    (b) Exclusively devoted at the time of merger to the purposes of law enforcement,

shall be vested in and transferred to the department.

    2.  Property which is required to be transferred under the provisions of this section must be inventoried and appraised before the transfer in a manner which satisfies the accounting requirements of each participating political subdivision, in order that values may be determined as of the date of transfer.

    3.  The department shall hold title to all personal property it acquires after the time of merger.

    4.  To acquire personal property, the department may, upon the approval of the committee and by the unanimous vote of the members of the governing body of each participating political subdivision, issue negotiable notes in the amount of the purchase price thereof, which:

    (a) Mature not later than 5 years from the date of issuance; and

    (b) Bear interest at a rate not to exceed 12 percent per annum.

    5.  Each participating political subdivision shall provide in its annual budget for the payment of the principal and interest on the negotiable notes according to the funding apportionment plan established pursuant to NRS 280.201 for the fiscal year in which the negotiable notes were issued.

    6.  If the withdrawal of a participating political subdivision [gives notice of its intention to withdraw] from the department [,] is approved pursuant to section 2 of this act, any personal property held by, for the use and benefit of , or in trust for the department must be immediately inventoried and appraised. The withdrawing political subdivision is entitled to receive , on the effective date of the withdrawal, its share of the value of the personal property, in cash or in kind, or both, or in such other manner as determined by the committee, based upon the average of:

    (a) The proportion that its total contribution of personal property to the department bears to the total contributions of personal property of all participating political subdivisions since the time of merger; and

    (b) The proportion that its total budgetary contribution to the department bears to the total budgetary contributions of all participating political subdivisions since the time of merger.

    7.  If the dissolution of the department is approved pursuant to section 2 of this act, any personal property held by, for the use and benefit of, or in trust for the department must be immediately inventoried and appraised. Each participating political subdivision at the time of dissolution is entitled to receive, on the effective date of the dissolution, its share of the value of the personal property, in cash or in kind, or both, based upon the average of:

    (a) The proportion that its total contribution of personal property to the department bears to the total contributions of personal property of all participating political subdivisions to the department since the effective date of the merger; and

    (b) The proportion that its total budgetary contribution to the department bears to the total budgetary contributions of all participating political subdivisions to the department since the effective date of the merger.


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ê2001 Statutes of Nevada, Page 1662 (Chapter 350, AB 202)ê

 

political subdivisions to the department since the effective date of the merger.

    8.  Upon the effective date of the withdrawal from the department, a withdrawing political subdivision becomes obligated for the payment of its share of the unpaid balance of any negotiable note issued by the department pursuant to subsection 4, determined in accordance with the funding apportionment plan established pursuant to NRS 280.201 for the fiscal year in which the negotiable note was issued. The department [, or if there are only two participating political subdivisions before the effective date of the withdrawal the other political subdivision,] becomes obligated for the payment of the remainder of the unpaid balance.

    9.  Upon the effective date of the dissolution of the department, each participating political subdivision at the time of dissolution becomes obligated for the payment of its share of the unpaid balance of any negotiable note issued by the department pursuant to subsection 4 in the proportion that its total budgetary contribution to the department during the fiscal year or years in which the personal property was acquired bears to the total budgetary contributions of all participating political subdivisions to the department during that period.

    Sec. 12.  NRS 280.350 is hereby amended to read as follows:

    280.350  1.  Upon merger, the department may possess all real property owned or held by any of the participating political subdivisions for the purposes of law enforcement at the time of adoption of the ordinance providing for the merger.

    2.  Upon a showing of good cause and a majority vote of the committee, the political subdivision which holds title to property:

    (a) Owned or held for the purposes of law enforcement at the time of adoption of the ordinance providing for the merger; or

    (b) Acquired for the use and benefit of or in trust for the department after the merger,

may repossess the property for public use if the department no longer needs it for the purposes of law enforcement.

    3.  The maintenance costs for any real property held for the use and benefit of or in trust for a department must be paid by the department.

    4.  The department may, upon the approval of the committee, lease or rent real property for the purposes of law enforcement.

    5.  If the withdrawal of a participating political subdivision [gives notice of its intention to withdraw] from the department [:] is approved pursuant to section 2 of this act:

    (a) The right to possess any real property, the possession of which passed to the department by operation of this section and the title to which remains in the withdrawing political subdivision, reverts to the withdrawing political subdivision upon the effective date of the withdrawal.

    (b) Real property which was acquired for the use and benefit of or in trust for the department after the merger must immediately be inventoried and appraised. The withdrawing political subdivision is entitled to receive , on the effective date of the withdrawal, its share of the value of each parcel of real property, with improvements thereon, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that its total budgetary contribution to the department during the fiscal year or years in which the parcel was acquired and improved bears to the total budgetary contributions of all participating political subdivisions during that time.


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ê2001 Statutes of Nevada, Page 1663 (Chapter 350, AB 202)ê

 

    6.  If the dissolution of the department is approved pursuant to section 2 of this act:

    (a) The right to possess any real property, the possession of which was passed to the department by operation of this section and the title to which remains in a participating political subdivision, reverts to that political subdivision on the effective date of the dissolution.

    (b) Real property that was acquired for the use and benefit of or in trust for the department after the effective date of the merger must immediately be inventoried and appraised. Each participating political subdivision at the time of dissolution is entitled to receive, on the effective date of the dissolution, its share of the value of each such parcel of real property and any improvements on that property, in cash or in kind, or both, in the proportion that its total budgetary contribution to the department during the fiscal year or years in which the parcel was acquired and improved bears to the total budgetary contributions of all participating political subdivisions to the department during that period.

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CHAPTER 351, AB 282

Assembly Bill No. 282–Assemblyman Bache

 

CHAPTER 351

 

AN ACT relating to peace officers; providing that a peace officer may not be required to submit to a polygraphic examination; providing certain protections to an officer who refuses to submit to such an examination; providing that a person who alleges that an officer has engaged in certain prohibited acts may not be required to submit to a polygraphic examination as a condition to an investigation of the allegation; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 289.050 is hereby amended to read as follows:

    289.050  [Except as otherwise provided in NRS 289.070:]

    1.  If a peace officer refuses to submit to a polygraphic examination:

    (a) No law enforcement agency may take any disciplinary or retaliatory action against [such] the officer; and

    (b) No investigator may make a notation of such a refusal in his report [, absent independent evidence of unlawful conduct by the peace officer.] or in any other manner maintain evidence of such a refusal.

    2.  Evidence of any refusal by a peace officer to submit to a polygraphic examination is not admissible [if introduced by any governmental body or agency in this state] at any subsequent hearing, trial or other judicial or administrative proceeding.

    Sec. 2.  NRS 289.070 is hereby amended to read as follows:

    289.070  1.  An investigation of a peace officer may be conducted in response to an allegation that [an] the officer has engaged in activities which could result in punitive action.

    [2.  If a person who makes such an allegation against an officer submits to a polygraphic examination and the results of that examination indicate that the person examined is telling the truth about the purported activities, the] The officer against whom the allegation is made [must] may, but is not required to, submit to a polygraphic examination concerning such activities.


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ê2001 Statutes of Nevada, Page 1664 (Chapter 351, AB 282)ê

 

The officer against whom the allegation is made [must] may, but is not required to, submit to a polygraphic examination concerning such activities.

    2.  A person who makes an allegation against an officer pursuant to subsection 1 may not be required to submit to a polygraphic examination as a condition to the investigation of his allegation, but may request or agree to be given a polygraphic examination. If such a person requests or agrees to be given a polygraphic examination, such an examination must be given.

    3.  If a polygraphic examination is given to an officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the post-examination interview. Before the opinion of the polygraphic examiner regarding the officer’s veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the polygraphic examination must be made available for review by one or more polygraphic examiners licensed or qualified to be licensed in this state who are acceptable to the law enforcement agency and the officer. If the opinion of [the reviewing examiners] a reviewing polygraphic examiner does not agree with the initial polygraphic examiner’s opinion, the officer must be allowed to be reexamined by [an] a polygraphic examiner of his choice who is licensed or qualified to be licensed in this state.

    4.  The opinion of [the] a polygraphic examiner regarding the officer’s veracity may not be considered in a disciplinary action unless the polygraphic examination was conducted in a manner which complies with the provisions of chapter 648 of NRS. In any event, the law enforcement agency shall not use [the] a polygraphic examiner’s opinion regarding the veracity of the officer as the sole basis for disciplinary action against the officer.

    [5.  If the officer refuses to submit to a polygraphic examination required by this section:

    (a) A law enforcement agency may take disciplinary action against that officer; and

    (b) An investigator may make a notation of the refusal in his report.

    6.  Evidence of any refusal by a peace officer to submit to a polygraphic examination required by this section is admissible if introduced by any governmental body or agency in this state at any subsequent hearing, trial or other judicial or administrative proceeding.]

________

 


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ê2001 Statutes of Nevada, Page 1665ê

 

CHAPTER 352, AB 465

Assembly Bill No. 465–Assemblymen Brown, Anderson, Beers, Cegavske, Chowning, Claborn, Collins, de Braga, Gibbons, Hettrick, Lee, Manendo, Marvel, Mortenson, Nolan, Ohrenschall, Parnell, Price, Smith and Von Tobel

 

CHAPTER 352

 

AN ACT relating to transportation; authorizing the use of the proceeds of certain taxes for certain highway improvement projects located wholly or partially outside the boundaries of the State of Nevada; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 244.33512 is hereby amended to read as follows:

    244.33512  In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351:

    1.  The proceeds of the tax and any applicable penalty or interest must be:

    (a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or

    (b) Retained by the county if collected elsewhere, and used as provided in this section.

    2.  Except as otherwise provided in subsection 3, if the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways, bridges and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively [, within] :

         (1) Within the boundaries of the district [or within] ;

         (2) Within 1 mile outside [those] the boundaries of the district if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district; or

         (3) Within 30 miles outside the boundaries of the district and the boundaries of this state, where those boundaries are coterminous, if:

             (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

             (II) The governing body finds that such projects will provide a significant economic benefit to the district;

    (b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    3.  In addition to those uses set forth in subsection 2, if a county has created one or more transportation districts and all or any portion of those districts are located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system, including any improvement thereto, within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.


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ê2001 Statutes of Nevada, Page 1666 (Chapter 352, AB 465)ê

 

entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system, including any improvement thereto, within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.

    4.  If the county has entered into an agreement pursuant to NRS 277.080 to 277.170, inclusive, which contemplates later payment by the other party of a portion of the cost of a project which may be funded pursuant to subsection 2, the county may pay from retained proceeds the principal and interest on notes, bonds or other obligations issued in anticipation of that payment.

    5.  Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes [within] :

    (a) Within the unincorporated area of the county [or within] ;

    (b) Within 1 mile outside [that] the unincorporated area of the county if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area [.] ; or

    (c) Within 30 miles outside the unincorporated area of the county and the boundaries of this state, where those boundaries are coterminous, if:

         (1) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

         (2) The board of county commissioners finds that such projects will provide a significant economic benefit to that area.

    6.  As used in this section:

    (a) “Improvement” has the meaning ascribed to it in NRS 244A.033.

    (b) “Public transit system” means a system designed to facilitate the transportation of members of the general public, including:

         (1) The use of motor buses, rails or any other means of conveyance, operated by whatever type of power; and

         (2) An offstreet parking project or an overpass project as defined in NRS 244A.035 and 244A.037, respectively.

    Sec. 2.  NRS 278.710 is hereby amended to read as follows:

    278.710  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to paragraph (a) or (b) as follows:

    (a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351, 371.045 or 377A.020, or any combination thereof.

    (b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special or general district election or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district.


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ê2001 Statutes of Nevada, Page 1667 (Chapter 352, AB 465)ê

 

impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351.

    2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.

    3.  The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not exceed $500 per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners, or 50 cents per square foot on other new development. If so provided in the ordinance, a newly developed lot for a mobile home [shall] must be considered a single-family dwelling unit of new residential development.

    4.  The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, [within] respectively:

         (1) Within the boundaries of the county [or within] ;

         (2) Within 1 mile outside [those] the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

         (3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:

             (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

             (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;


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ê2001 Statutes of Nevada, Page 1668 (Chapter 352, AB 465)ê

 

    (b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;

    (b) The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    7.  The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

    8.  The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.

    Sec. 3.  NRS 371.045 is hereby amended to read as follows:

    371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

    3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.


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ê2001 Statutes of Nevada, Page 1669 (Chapter 352, AB 465)ê

 

    4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, [within] respectively:

         (1) Within the boundaries of the county [or within] ;

         (2) Within 1 mile outside [those] the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

         (3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:

             (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

             (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  The county may expend the proceeds of the supplemental privilege tax authorized by this section and NRS 371.047, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

    7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

    Sec. 4.  Section 5 of Senate Bill No. 59 of this session is hereby amended to read as follows:

    Sec. 5.  NRS 371.045 is hereby amended to read as follows:

    371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental [privilege] governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to this chapter; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

    3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion.


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ê2001 Statutes of Nevada, Page 1670 (Chapter 352, AB 465)ê

 

shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

    4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

         (1) Within the boundaries of the county;

         (2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

         (3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:

             (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

             (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  The county may expend the proceeds of the supplemental [privilege] governmental services tax authorized by this section and NRS 371.047, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

    7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

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

________

 


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ê2001 Statutes of Nevada, Page 1671ê

 

CHAPTER 353, AB 558

Assembly Bill No. 558–Committee on Government Affairs

 

CHAPTER 353

 

AN ACT relating to programs for public employees; establishing for the next biennium the amount to be paid by this state for group insurance for certain public employees, public officers and retired public employees; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  For the purposes of NRS 287.044 and 287.0445 and subsection 1 of NRS 287.046, this state’s share of the cost of premiums or contributions for group insurance for each public officer or employee who elects to participate in the public employees’ benefits program is:

    1.  For the fiscal year 2001-2002, $357.50 per month.

    2.  For the fiscal year 2002-2003, $384.50 per month.

    Sec. 2.  For the purposes of subsection 2 of NRS 287.046, the base amount for this state’s share of the cost of premiums or contributions for group insurance for each person who is retired from the service of this state and continues to participate in the public employees’ benefits program is:

    1.  For the fiscal year 2001-2002, $202.34 per month.

    2.  For the fiscal year 2002-2003, $217.84 per month.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 354, AB 82

Assembly Bill No. 82–Assemblymen Koivisto, McClain, Carpenter, Humke, Chowning, Anderson, Arberry, Berman, Buckley, Claborn, Collins, de Braga, Dini, Giunchigliani, Lee, Leslie, Manendo, Nolan, Oceguera, Parks and Smith

 

CHAPTER 354

 

AN ACT relating to crimes; authorizing courts to defer and assess costs and fees for obtaining an order to protect a person from the crime of stalking, aggravated stalking and harassment against the adverse party; making various other changes pertaining to such an order; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 200.591. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.


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ê2001 Statutes of Nevada, Page 1672 (Chapter 354, AB 82)ê

 

against the adverse party, except that the court may reduce them or waive them, as justice may require.

    2.  The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 200.591 and the adverse party, free of cost, with information about the:

    (a) Availability of temporary and extended orders pursuant to NRS 200.591;

    (b) Procedure for filing an application for such an order; and

    (c) Right to proceed without legal counsel.

    3.  A person who obtains an order pursuant to NRS 200.591 must not be charged any fee to have the order served in this state.

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

________

 

CHAPTER 355, AB 113

Assembly Bill No. 113–Assemblymen Anderson, de Braga, Carpenter, Collins, Dini, Beers, Berman, Buckley, Claborn, Gibbons, Hettrick, Lee, Manendo, Marvel, McClain, Neighbors, Nolan, Smith and Von Tobel

 

CHAPTER 355

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates and souvenir license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; providing for the issuance of special license plates for the support of rodeos, including support for the programs and activities of the Reno Rodeo Foundation and Nevada High School Rodeo Association or their successors; imposing a fee for the issuance or renewal of such license plates; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in this subsection, the department, in cooperation with the Pyramid Lake Paiute Tribe, shall design, prepare and issue license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake using any colors that the department deems appropriate. The design of the license plates must include a depiction of Pyramid Lake and its surrounding area. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.


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ê2001 Statutes of Nevada, Page 1673 (Chapter 355, AB 113)ê

 

pursuant to NRS 482.3667 be combined with license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Pyramid Lake Paiute Tribe. The fees deposited pursuant to this subsection may only be used to:

    (a) Protect, restore and enhance the water quality and natural resources of or relating to the Lower Truckee River and Pyramid Lake, including, without limitation:

         (1) Providing matching money for grants that are available from federal or state agencies for such purposes; and

         (2) Paying the costs of the Tribe’s portion of joint projects with local, state or federal agencies for such purposes.

    (b) Pay for, or match grants for, projects for the enhancement of the economic development of the area surrounding the Lower Truckee River and Pyramid Lake.

    (c) Pay for the development and construction of an arena on the Pyramid Lake Indian Reservation for activities pertaining to fairgrounds or rodeos, or both, and to provide financial support for the establishment of a rodeo team or other designated activities at Pyramid Lake High School. Until October 1, 2006, 25 percent of the fees deposited pursuant to this subsection must be used for the purposes described in this paragraph.

    6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of subsections 1 to 6, inclusive, disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of subsections 1 to 6, inclusive, if the transfer and registration fees are paid as set forth in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.

    7.  Except as otherwise provided in this subsection, the director shall, at the request of the Pyramid Lake Paiute Tribe:


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ê2001 Statutes of Nevada, Page 1674 (Chapter 355, AB 113)ê

 

    (a) Order the design and preparation of souvenir license plates that indicate support for the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake; and

    (b) Issue such souvenir license plates only to the Pyramid Lake Paiute Tribe for a fee established pursuant to NRS 482.3825. The Pyramid Lake Paiute Tribe may resell such souvenir license plates at a price determined by the Tribe.

The director shall not order the design or preparation of souvenir license plates pursuant to this subsection unless the department has received at least 250 applications for the issuance of license plates for the support of the preservation and restoration of the natural environment of the Lower Truckee River and Pyramid Lake pursuant to subsections 1 to 6, inclusive.

    Sec. 3.  1.  Except as otherwise provided in this subsection, the department, in cooperation with the Reno Rodeo Foundation and the Nevada High School Rodeo Association or their successors, shall design, prepare and issue license plates for the support of rodeos, including support for the programs and charitable activities of the Reno Rodeo Foundation and the Nevada High School Rodeo Association, or their successors, using any colors and designs that the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

    2.  If the department receives at least 250 applications for the issuance of license plates for the support of rodeos, the department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of rodeos if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of rodeos pursuant to subsections 3 and 4.

    3.  The fee for license plates for the support of rodeos is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

    4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of rodeos must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

    5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the state general fund. The state treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the following manner:

    (a) Remit one-half of the fees to the Reno Rodeo Foundation or its successor for the support of programs and charitable activities of the Reno Rodeo Foundation or its successor.


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ê2001 Statutes of Nevada, Page 1675 (Chapter 355, AB 113)ê

 

    (b) Remit one-half of the fees to the Nevada High School Rodeo Association or its successor for the support of programs and charitable activities of the Nevada High School Rodeo Association or its successor.

The Nevada High School Rodeo Association or its successor may grant a portion of the proceeds it receives pursuant to this subsection to one or more high school rodeo associations established in this state for the support of those associations.

    6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

    (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

    (b) Within 30 days after removing the plates from the vehicle, return them to the department.

    Sec. 4.  NRS 482.216 is hereby amended to read as follows:

    482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

    (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

    (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

    (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

    2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

    (a) Transmit the applications he receives to the department within the period prescribed by the department;

    (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

    (c) Comply with the regulations adopted pursuant to subsection 4; and

    (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

    3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

    (a) Charge any additional fee for the performance of those services;

    (b) Receive compensation from the department for the performance of those services;

    (c) Accept applications for the renewal of registration of a motor vehicle; or

    (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

         (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, section 1 of Senate Bill No. 414 of this session , [and] section 1 of Senate Bill No. 77 of this [act;] session and sections 2 and 3 of this act; or

         (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.


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ê2001 Statutes of Nevada, Page 1676 (Chapter 355, AB 113)ê

 

    4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

    (a) The expedient and secure issuance of license plates and decals by the department; and

    (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

    Sec. 5.  NRS 482.3825 is hereby amended to read as follows:

    482.3825  1.  The director may order the design and preparation of souvenir license plates which are easily distinguishable in design or color from regular license plates. The director may establish a fee for the issuance of such plates of not more than $15 per plate. The department may issue more than one plate of any particular design.

    2.  All money collected from the issuance of souvenir license plates must be deposited in the state treasury for credit to the motor vehicle fund.

    3.  As used in this section, “issuance” does not include the resale of a souvenir license plate.

    Sec. 6.  NRS 482.500 is hereby amended to read as follows:

    482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration.............................................................................................................. $5.00

For every substitute number plate or set of plates............................................................................... 5.00

For every duplicate number plate or set of plates............................................................................. 10.00

For every decal displaying a county name............................................................................................  .50

For every other decal, license plate sticker or tab................................................................................ 5.00

 

    2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, section 1 of Senate Bill No. 414 of this session , [and] section 1 of Senate Bill No. 77 of this [act,] session and sections 2 and 3 of this act, a fee of $10.

    (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

    (c) [For] Except as otherwise provided in section 2 of this act, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

    3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

    4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

    5.  As used in this section:


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ê2001 Statutes of Nevada, Page 1677 (Chapter 355, AB 113)ê

 

    (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

    (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

    Sec. 7.  Sections 2, 4 and 7 of Senate Bill No. 77 of this session are hereby amended to read as follows:

    Sec. 2.  NRS 482.216 is hereby amended to read as follows:

    482.216  1.  Upon the request of a new vehicle dealer, the department may authorize the new vehicle dealer to:

    (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

    (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

    (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

    2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

    (a) Transmit the applications he receives to the department within the period prescribed by the department;

    (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the department;

    (c) Comply with the regulations adopted pursuant to subsection 4; and

    (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

    3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

    (a) Charge any additional fee for the performance of those services;

    (b) Receive compensation from the department for the performance of those services;

    (c) Accept applications for the renewal of registration of a motor vehicle; or

    (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

         (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3825, inclusive, [and] section 1 of Senate Bill No. 414 of this [act;] session and section 1 of this act; or

         (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

    4.  The director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

    (a) The expedient and secure issuance of license plates and decals by the department; and


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ê2001 Statutes of Nevada, Page 1678 (Chapter 355, AB 113)ê

 

    (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the department.

    Sec. 4.  NRS 482.500 is hereby amended to read as follows:

    482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration..................................................................................................... $5.00

For every substitute number plate or set of plates...................................................................... 5.00

For every duplicate number plate or set of plates.................................................................... 10.00

For every decal displaying a county name..................................................................................    .50

For every other decal, license plate sticker or tab....................................................................... 5.00

 

    2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

    (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3816, inclusive, [and] section 1 of Senate Bill No. 414 of this [act,] session and section 1 of this act, a fee of $10.

    (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

    (c) For any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the director for the issuance of those plates.

    3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

    4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

    5.  As used in this section:

    (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

    (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

    Sec. 7.  1.  This section and sections 1, 3, 5 and 6 of this act become effective on October 1, 2001.

    2.  Sections 2 and 4 of this act become effective at 12:01 a.m. on October 1, 2001.

    3.  The amendatory provisions of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of a license plate pursuant to subsections 1 to 6, inclusive, of section 1 of this act.


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ê2001 Statutes of Nevada, Page 1679 (Chapter 355, AB 113)ê

 

    Sec. 8.  On or before October 1, 2005, the department of motor vehicles and public safety shall determine and publicly declare the number of applications it has received for the issuance of license plates pursuant to:

    1.  Section 2 of this act; and

    2.  Section 3 of this act.

    Sec. 9.  1.  This section and sections 1, 2, 3, 5, 7 and 8 of this act become effective on October 1, 2001.

    2.  Sections 4 and 6 of this act become effective at 12:02 a.m. on October 1, 2001.

    3.  The amendatory provisions of sections 2, 5 and 6 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 2 of this act.

    4.  The amendatory provisions of section 3 of this act expire by limitation on October 1, 2005, if on that date the department of motor vehicles and public safety has received fewer than 250 applications for the issuance of license plates pursuant to section 3 of this act.

________

 

CHAPTER 356, AB 182

Assembly Bill No. 182–Committee on Government Affairs

 

CHAPTER 356

 

AN ACT relating to land use planning; expanding the subjects that must be addressed in a master plan in certain counties; limiting the number of annual amendments to the land use plan of the master plan or portions thereof in certain circumstances; revising provisions governing applications for changes in the boundaries of zoning districts and special use permits with regard to property located within certain unincorporated towns; requiring members of a town advisory board to receive certain training; authorizing the election of and providing limitations on the terms of members of town advisory boards in certain counties; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.150 is hereby amended to read as follows:

    278.150  1.  The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commission’s judgment bears relation to the planning thereof.

    2.  The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in [subsection 3,] subsections 3 and 4, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.

    3.  In counties whose population is 100,000 or more [,] but less than 400,000, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan and a population plan as provided in NRS 278.160.


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ê2001 Statutes of Nevada, Page 1680 (Chapter 356, AB 182)ê

 

    4.  In counties whose population is 400,000 or more, the governing body of the city or county shall adopt a master plan for all of the city or county that must address each of the subjects set forth in subsection 1 of NRS 278.160.

    Sec. 2.  NRS 278.160 is hereby amended to read as follows:

    278.160  1.  [The] Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

    (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

    (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

    (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

    (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

    (e) Housing plan. The housing plan must include, without limitation:

         (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.

         (2) An inventory of affordable housing in the community.

         (3) An analysis of the demographic characteristics of the community.

         (4) A determination of the present and prospective need for affordable housing in the community.

         (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

         (6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.

         (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

         (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.

    (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.


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ê2001 Statutes of Nevada, Page 1681 (Chapter 356, AB 182)ê

 

concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

    (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

    (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

    (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

    (j) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

    (k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

    (l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

    (m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

    (n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

    (o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

    (p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

    (q) Transit plan. Showing a proposed multimodal system of transit lines, including [rapid] mass transit, streetcar, motorcoach and trolley coach lines , paths for bicycles and pedestrians, and related facilities.

    (r) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

    2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.


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ê2001 Statutes of Nevada, Page 1682 (Chapter 356, AB 182)ê

 

    Sec. 3.  NRS 278.170 is hereby amended to read as follows:

    278.170  1.  [The] Except as otherwise provided in subsections 2 and 3, the commission may prepare and adopt all or any part of the master plan or any subject thereof [, except as provided in subsection 2,] for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.

    2.  In counties whose population is 100,000 or more [,] but less than 400,000, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing and population plans described in that section.

    3.  In counties whose population is 400,000 or more, the commission shall prepare and adopt a master plan for all of the city or county that must address each of the subjects set forth in subsection 1 of NRS 278.160.

    Sec. 4.  NRS 278.210 is hereby amended to read as follows:

    278.210  1.  Before adopting the master plan or any part of it [,] in accordance with NRS 278.170, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time and place of which [shall] must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the day of the hearing.

    2.  The adoption of the master plan, or of any amendment, extension or addition thereof, [shall] must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution [shall] must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment, addition or extension thereof, and the action taken [shall] must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

    3.  No plan or map, hereafter, [shall] may have indicated thereon that it is a part of the master plan until it [shall have] has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments, extension, or addition.

    4.  Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.

    5.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by the planning commission of any city, county or region [shall] in accordance with NRS 278.170 must be certified to the governing body of [such] the city, county or region.

    [5.] 6.  An attested copy of any part, amendment, extension of or addition to the master plan adopted by any regional planning commission [shall] must be certified to the county planning commission and to the board of county commissioners of each county within the regional district.


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ê2001 Statutes of Nevada, Page 1683 (Chapter 356, AB 182)ê

 

    Sec. 5.  NRS 278.220 is hereby amended to read as follows:

    278.220  Except as otherwise provided in subsection 4 of NRS 278.150:

    1.  Upon receipt of a certified copy of the master plan, or of any part thereof, as adopted by the planning commission, the governing body may adopt such parts thereof as may practicably be applied to the development of the city, county or region for a reasonable period of time next ensuing.

    2.  The parts [shall] must thereupon be endorsed and certified as master plans thus adopted for the territory covered, and are hereby declared to be established to conserve and promote the public health, safety and general welfare.

    3.  Before adopting any plan or part thereof, the governing body shall hold at least one public hearing thereon, notice of the time and place of which [shall] must be published at least once in a newspaper of general circulation in the city or counties at least 10 days before the day of hearing.

    4.  No change in or addition to the master plan or any part thereof, as adopted by the planning commission, [shall] may be made by the governing body in adopting the same until the proposed change or addition [shall have] has been referred to the planning commission for a report thereon and an attested copy of the report [shall have] has been filed with the governing body. Failure of the planning commission so to report within 40 days, or such longer period as may be designated by the governing body, after such reference shall be deemed to be approval of the proposed change or addition.

    Sec. 6.  NRS 278.230 is hereby amended to read as follows:

    278.230  1.  [Whenever] Except as otherwise provided in subsection 4 of NRS 278.150, whenever the governing body of any city or county has adopted a master plan or part thereof for the city or county, or for any major section or district thereof, the governing body shall, upon recommendation of the planning commission, determine upon reasonable and practical means for putting into effect the master plan or part thereof, in order that the same will serve as:

    (a) A pattern and guide for that kind of orderly physical growth and development of the city or county which will cause the least amount of natural resource impairment and will conform to the adopted population plan, where required, and ensure an adequate supply of housing, including affordable housing; and

    (b) A basis for the efficient expenditure of funds thereof relating to the subjects of the master plan.

    2.  The governing body may adopt and use such procedure as may be necessary for this purpose.

    Sec. 7.  NRS 278.260 is hereby amended to read as follows:

    278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

    2.  A zoning regulation, restriction or boundary or an amendment thereto must not become effective until after transmittal of a copy of the relevant application to the town board, citizens’ advisory council or town advisory board pursuant to subsection 5, if applicable, and after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

    (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region; and


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    (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question,

at least 10 days before the hearing.

    3.  If [the] a proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 400,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

    (c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change, must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    4.  If [the] a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner, as listed on the county assessor’s records, of real property located within 500 feet [from] of the portion of the boundary being changed;

    (c) Each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

    (d) Any advisory board which has been established for the affected area by the governing body.

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed change, must indicate the existing zoning designation, and the proposed zoning designation, of the property in question, and must contain a brief summary of the intent of the proposed change.


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change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his approval of or opposition to the proposed amendment.

    5.  If an application is filed with the governing body and the application involves a change in the boundary of a zoning district within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

    6.  If a notice is required to be sent pursuant to subsection 4:

    (a) The exterior of a notice sent by mail; or

    (b) The cover sheet, heading or subject line of a notice sent by electronic means,

must bear a statement in at least 10-point bold type or font in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

    [6.] 7.  In addition to sending the notice required pursuant to subsection 4, in a county whose population is 400,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing zoning designation of the property in question;

    (b) The proposed zoning designation of the property in question;

    (c) The date, time and place of the public hearing;

    (d) A telephone number which may be used by interested persons to obtain additional information; and

    (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

    [7.] 8.  A sign required pursuant to subsection [6] 7 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    [8.] 9.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection [6,] 7, if any.


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section and the erection of not more than one of the signs required by subsection [6,] 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    [9.] 10.  The governing body shall remove or cause to be removed any sign required by subsection [6] 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    [10.] 11.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 400,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to [subsections 3 and] subsection 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

    (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

    (b) Makes a written finding that the public interest and necessity will be promoted by approval of the proposed amendment.

    [11.] 12.  The governing body of a county whose population is 400,000 or more shall not approve a zoning regulation, restriction or boundary, or [the] an amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.

    Sec. 8.  NRS 278.315 is hereby amended to read as follows:

    278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

    2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to:

    (a) The applicant;

    (b) Each owner of real property located within 300 feet of the property in question;

    (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park; and

    (d) Any advisory board which has been established for the affected area by the governing body.


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ê2001 Statutes of Nevada, Page 1687 (Chapter 356, AB 182)ê

 

The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    3.  If the application is for the issuance of a special use permit in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice to be sent at least 10 days before the hearing to each [owner,] of the owners, as listed on the county assessor’s records, of at least the 30 parcels nearest to the property in question. The notice must be sent by mail or, if requested by an owner to whom notice must be provided, by electronic means if receipt of such an electronic notice can be verified, and be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

    4.  If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

    5.  An ordinance adopted pursuant to this section must provide an opportunity for the applicant or a protestant to appeal from a decision of the board of adjustment, planning commission or hearing examiner to the governing body.

    [5.] 6.  In a county whose population is 400,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, in addition to sending the notice required pursuant to subsection 3, not later than 10 days before the hearing, erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

    (a) The existing permitted use and zoning designation of the property in question;

    (b) The proposed permitted use of the property in question;

    (c) The date, time and place of the public hearing; and


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ê2001 Statutes of Nevada, Page 1688 (Chapter 356, AB 182)ê

 

    (d) A telephone number which may be used by interested persons to obtain additional information.

    [6.] 7.  A sign required pursuant to subsection [5] 6 is for informational purposes only, and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

    [7.] 8.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection [5,] 6, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

    [8.] 9.  The governing body shall remove or cause to be removed any sign required by subsection [5] 6 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

    [9.] 10.  The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.

    Sec. 9.  Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

    Each member of a town advisory board shall, at least once during the first year of his initial term of office and at least once during every subsequent year that he serves in office, attend training relating to:

    1.  State statutes and regulations and local ordinances, resolutions and regulations concerning land use planning, development and any other subject matter that the board of county commissioners deems necessary; and

    2.  The provisions of chapter 241 of NRS.

    Sec. 10.  NRS 269.500 is hereby amended to read as follows:

    269.500  NRS 269.500 to 269.625, inclusive, and section 9 of this act may be cited as the Unincorporated Town Government Law.

    Sec. 11.  NRS 269.576 is hereby amended to read as follows:

    269.576  1.  Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is 400,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

    (a) Appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:

         (1) The results of any poll conducted by the town advisory board; and

         (2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.

    (b) [Terms] A term of 4 years for members of the town advisory board, which must be staggered and must expire on the first Monday in January of [each] an odd-numbered year. No person who has served for a term as a member of a town advisory board is eligible for reappointment until 2 years after the expiration of his term.


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    (c) Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

    2.  The board of county commissioners shall provide notice of any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 90 days before filling the vacancy.

    3.  The duties of the town advisory board are to:

    (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

    (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

    [3.] 4.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

    Sec. 12.  1.  This section and sections 1, 2, 3, 5 to 8, inclusive, 10 and 11 of this act become effective on October 1, 2001.

    2.  Sections 4 and 9 of this act become effective on January 1, 2002.

________

 

CHAPTER 357, AB 308

Assembly Bill No. 308–Assemblymen Tiffany, Cegavske, Arberry, Beers, Berman, Brower, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, Freeman, Gibbons, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, Mortenson, Neighbors, Parks, Parnell, Smith and Von Tobel

 

Joint Sponsor: Senator Wiener

 

CHAPTER 357

 

AN ACT relating to juveniles; revising the provisions concerning the waiver by juveniles of their right to counsel; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 62.085 is hereby amended to read as follows:

    62.085  1.  If a child is alleged to be delinquent or in need of supervision, the child and his parents, guardian or custodian must be advised by the court or its representative that the child is entitled to be represented by an attorney at all stages of the proceedings . [, unless waived.] If indigent, the parent, guardian or custodian of the child may request the appointment of an attorney to represent the child pursuant to the provisions in NRS 171.188. If not indigent and:

    (a) An attorney is not retained for the child; or

    (b) It does not appear that an attorney will be retained,

an attorney must be appointed for the child . [, unless waived.]

    2.  Except as otherwise provided in NRS 424.085, if an attorney is appointed to represent a child:


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ê2001 Statutes of Nevada, Page 1690 (Chapter 357, AB 308)ê

 

    (a) The parents of that child shall pay the reasonable fees and expenses of the attorney unless they are indigent; or

    (b) If the parents of the child are indigent, the court may require the parent or guardian of the child to reimburse the county or state in accordance with his ability to pay.

    3.  The parent, guardian or custodian may be represented by an attorney at all stages of the proceedings. In no case may an attorney be appointed for him unless the court makes written findings that such an appointment is required in the interest of justice and specifying the reasons thereof.

    4.  Each attorney, other than a public defender, appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

    5.  Notwithstanding the provisions of this section, if a child is alleged to be delinquent or in need of supervision and if:

    (a) A petition is not filed and the child is placed under informal supervision pursuant to NRS 62.129, the child may waive the right to be represented by an attorney.

    (b) A petition is filed, the child may waive the right to be represented by an attorney if the record of the court shows that the waiver of the right to be represented by an attorney is made knowingly, intelligently, voluntarily and in accordance with any applicable standards established by the court.

________

 

CHAPTER 358, AB 328

Assembly Bill No. 328–Assemblymen Giunchigliani, Anderson, Arberry, Bache, Freeman, Goldwater, Oceguera and Williams

 

Joint Sponsor: Senator Neal

 

CHAPTER 358

 

AN ACT relating to criminal records; requiring information concerning the sealing of records and restoration of civil rights to be provided to certain persons; reducing the time required to lapse before a petition to seal certain criminal records may be brought; making various other changes concerning sealing criminal records; revising provisions governing the restoration of civil rights; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 175 of NRS is hereby amended by adding thereto a new section to read as follows:

    Upon the entry of a judgment of acquittal, the court shall provide the defendant with a written notice of the provisions of NRS 179.255 which concern the sealing of records of the proceedings leading to the acquittal.

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

    176A.850  1.  A person who:

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

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


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ê2001 Statutes of Nevada, Page 1691 (Chapter 358, AB 328)ê

 

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

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

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

    3.  A person honorably discharged from probation is free from the terms and conditions of his probation and may apply to the [court,] division, in person or by attorney, pursuant to NRS 176A.860, for the restoration of his civil rights [.] and, to the court, pursuant to NRS 179.245, for the sealing of records relating to his conviction. He must be informed of [this privilege] these privileges in his probation papers.

    4.  A person honorably discharged from probation who has had his civil rights restored by the court:

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

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

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

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

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

    Sec. 3.  NRS 176A.860 is hereby amended to read as follows:

    176A.860  [A convicted person who]

    1.  If a person is granted an honorable discharge from probation, [who has] not sooner than 6 months after his honorable discharge, the person may apply to the division to request a restoration of his civil rights if the person:

    (a) Has not previously been restored to his civil rights [, and who is] ; and

    (b) Has not been convicted of any offense greater than a traffic violation [within 6 months after the discharge, may apply] after his honorable discharge.

    2.  If a person applies to the division to request a restoration of his civil rights [. The application must be accompanied by] , the person must submit with his application a current, certified record of [the applicant’s] his criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the [applicant] person meets the requirements of this section, [it] the division shall petition the court in which the [applicant] person was convicted for an order granting the restoration [.] of his civil rights. If the division refuses to submit such a petition, the [applicant] person may, after notice to the division, directly petition the court for an order granting the restoration of his civil rights.


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ê2001 Statutes of Nevada, Page 1692 (Chapter 358, AB 328)ê

 

    Sec. 4.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

    Upon the entry of an order dismissing a criminal action or proceeding, the court shall provide the defendant with a written notice of the provisions of NRS 179.255 which concern the sealing of records of the proceedings leading to the dismissal.

    Sec. 5.  NRS 179.245 is hereby amended to read as follows:

    179.245  1.  Except as otherwise provided in subsection 5 and NRS 453.3365, a person [who has been convicted of:] may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

    (a) [Any felony may,] A category A or B felony after 15 years from the date of his [conviction or, if he is imprisoned, from the date of his] release from actual custody [;] or discharge from parole or probation, whichever occurs later;

    (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

    (c) A category E felony after 10 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

    (d) Any gross misdemeanor [may, after 10] after 7 years from the date of his [conviction or] release from actual custody [;

    (c)] or discharge from probation, whichever occurs later;

    (e) 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 actual custody [; or

    (d)] or from the date when he is no longer under a suspended sentence, whichever occurs later; or

    (f) Any other misdemeanor [may, after 5] after 3 years from the date of his [conviction or] release from actual custody [,

petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.] or from the date when he is no longer under a suspended sentence, whichever occurs later.

    2.  A petition filed pursuant to subsection 1 must [be] :

    (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

    [(a)] (1) The central repository for Nevada records of criminal history; and

    [(b)] (2) The local law enforcement agency of the city or county in which the conviction was entered [.] ;

    (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

    (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

    3.  Upon receiving a petition pursuant to this section, the court shall notify [:] the law enforcement agency that arrested the petitioner for the crime and:


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ê2001 Statutes of Nevada, Page 1693 (Chapter 358, AB 328)ê

 

    (a) [The] If the person was convicted in a district court or justice’s court, the prosecuting attorney for the county; or

    (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

    4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been [arrested,] charged with any offense for which the charges are pending or convicted of any offense, 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, including, 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.

    5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

    6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

    7.  As used in this section:

    (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.

    (b) “Sexual offense” has the meaning ascribed to it in NRS 179D.410.

    Sec. 6.  NRS 179.255 is hereby amended to read as follows:

    179.255  1.  If a person has been arrested for alleged criminal conduct and the charges are dismissed or such person is acquitted of the charges, the person may petition:

    (a) The court in which the charges were dismissed, [not earlier than 30 days from] at any time after the date the charges were dismissed; or

    (b) The court in which the acquittal was entered, [not earlier than 30 days from] at any time after the date of the acquittal,

for the sealing of all records relating to the arrest and the proceedings leading to the dismissal or acquittal.

    2.  A petition filed pursuant to this section must [be] :

    (a) Be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court [.] ;

    (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal or acquittal and to whom the order to seal records, if issued, will be directed; and

    (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.


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ê2001 Statutes of Nevada, Page 1694 (Chapter 358, AB 328)ê

 

    3.  Upon receiving a petition pursuant to this section, the court shall notify [:] the law enforcement agency that arrested the petitioner for the crime and:

    (a) [The] If the charges were dismissed or the acquittal was entered in a district court or justice’s court, the prosecuting attorney for the county; or

    (b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

    4.  If, after the hearing, the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal or dismissal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.

    Sec. 7.  NRS 179.285 is hereby amended to read as follows:

    179.285  Except as otherwise provided in NRS 179.301, if the court orders a record sealed pursuant to NRS 179.245, 179.255 or 453.3365 [, all] :

    1.  All proceedings recounted in the record are deemed never to have occurred, and the person to whom [it] the order pertains may properly answer accordingly to any inquiry concerning the arrest, conviction , dismissal or acquittal and the events and proceedings relating to the arrest, conviction , dismissal or acquittal.

    2.  The court shall order the civil rights of the person to whom the order pertains to be restored if the person has not been restored to his civil rights.

    Sec. 8.  NRS 179.295 is hereby amended to read as follows:

    179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.301, the court may not order the inspection of the records under any other circumstances.

    2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.

    3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

    4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 179.245, 179.255 or 453.3365 in determining whether to grant a petition pursuant to NRS 179.245, 179.255 or 453.3365 for a conviction of another offense.

    Sec. 9.  NRS 179A.160 is hereby amended to read as follows:

    179A.160  [At any time after a date 5 years after the arrest of a person, or after 5 years after the date of issuance of a citation or warrant, for an offense for which the person was acquitted or which ended in a disposition favorable to the person,]


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ê2001 Statutes of Nevada, Page 1695 (Chapter 358, AB 328)ê

 

    1.  If a person has been arrested or issued a citation, or has been the subject of a warrant for alleged criminal conduct and the person is acquitted of the charge or the disposition of the charge is favorable to the person, at any time after the charge is dismissed, acquittal is entered or disposition of the charge in favor of the person is final, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the central repository and the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person.

    2.  The central repository and the agency shall remove the record unless:

    [1.] (a) The defendant is a fugitive [.

    2.] ;

    (b) The case is under active prosecution according to a current certificate of a prosecuting attorney [.

    3.] ;

    (c) The disposition of the case was a deferred prosecution, plea bargain or other similar disposition [.

    4.] ;

    (d) The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States [.

    5.] ; or

    (e) The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, [during the 5 years] since the arrest, citation or warrant which he seeks to have removed from the record.

3.  This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event.

    Sec. 10.  NRS 209.511 is hereby amended to read as follows:

    209.511  1.  When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director:

    (a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the director ; [.]

    (b) Shall give him notice of the provisions of chapter 179C of NRS and NRS 202.360 ; [.]

    (c) Shall require him to sign an acknowledgment of the notice required in paragraph (b) ; [.]

    (d) Shall give him notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

    (e) May provide him with clothing suitable for reentering society [.

    (e)] ;

    (f) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction [.

    (f)] ; and

    (g) Shall require him to submit to at least one test for exposure to the human immunodeficiency virus.

    2.  The costs authorized in paragraphs (a), [(d), (e) and] (e), (f) and (g) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.


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ê2001 Statutes of Nevada, Page 1696 (Chapter 358, AB 328)ê

 

are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

    Sec. 11.  NRS 213.090 is hereby amended to read as follows:

    213.090  1.  When a pardon is granted for any offense committed, the pardon may or may not include restoration of civil rights. If the pardon includes restoration of civil rights, it [shall] must be so stated in the instrument or certificate of [pardon;] pardon and , when granted upon conditions, limitations or restrictions, they [shall] must be fully set forth in the instrument.

    2.  In any case where a convicted person has received a pardon without immediate restoration of his civil rights , [and has not been convicted of any offense greater than a traffic violation within 5 years after such pardon,] he may apply to the state board of pardons commissioners for restoration of his civil rights and release from penalties and disabilities resulting from the offense or crime of which he was convicted. [If, after investigation,]

    3.  Upon receiving an application pursuant to subsection 2, the board [determines that] shall determine whether the applicant [meets the requirements of this subsection, it] has received a pardon. If the board determines that the applicant has received a pardon, the board shall , as soon as reasonably practicable, restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. [If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.]

    4.  An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.

    Sec. 12.  NRS 213.155 is hereby amended to read as follows:

    213.155  1.  The board may restore a paroled prisoner to his civil rights, conditioned upon the prisoner receiving an honorable discharge from parole pursuant to NRS 213.154. Such restoration must take effect at the expiration of the parole of the prisoner.

    2.  In any case where a convicted person has completed his parole without immediate restoration of his civil rights [,] and has been issued an honorable discharge from parole pursuant to NRS 213.154 , [and has not been convicted of any offense greater than a traffic violation within 5 years after completion of parole,] he may apply to the [state board of parole commissioners for] division to request a restoration of his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the board determines that the applicant meets the requirements of this subsection, it]

    3.  Upon receiving an application pursuant to subsection 2, the division shall determine whether the applicant has received an honorable discharge from parole. If the division determines that the applicant has received an honorable discharge, the division shall forward the application to the board.


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ê2001 Statutes of Nevada, Page 1697 (Chapter 358, AB 328)ê

 

    4.  Upon receiving an application pursuant to subsection 3, the board shall , as soon as reasonably practicable, restore [him] the applicant to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. [If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.]

    5.  An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.

    [3.] 6.  The board may adopt regulations necessary or convenient for the purposes of this section.

    Sec. 13.  NRS 213.157 is hereby amended to read as follows:

    213.157  1.  In any case where a person convicted of a felony in the State of Nevada has served his sentence and been released from prison, [and has not been convicted of any offense greater than a traffic violation within 5 years of his release,] he may apply to the division requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted. [The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the division determines that the applicant meets the requirements of this section, it shall petition]

    2.  Upon receiving an application pursuant to subsection 1, the division shall determine whether the applicant has served his sentence and been released from prison. If the division determines that the applicant has served his sentence and been released from prison, the division shall forward the application to the district court in which the conviction was obtained . [for an order granting such restoration and release. If the division refuses to submit such petition, the applicant may, after giving notice to the division, petition such court directly for the restoration of his]

    3.  Upon receiving an application pursuant to subsection 2, the court shall, as soon as reasonably practicable, restore the civil rights of the applicant and release him from all penalties and disabilities which resulted from the offense or crime of which he was convicted.

    4.  An applicant must not be required to pay a fee to have his civil rights restored or to be released from penalties and disabilities pursuant to this section.

    Sec. 14.  The amendatory provisions of this act apply to:

    1.  A petition for an order to seal records pursuant to NRS 179.245 or 179.255 that is filed on or after the effective date of this act.

    2.  An application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155 or 213.157 that is filed on or after the effective date of this act.

    Sec. 15.  This act becomes effective upon passage and approval.

________

 


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ê2001 Statutes of Nevada, Page 1698ê

 

CHAPTER 359, AB 413

Assembly Bill No. 413–Assemblyman Gustavson (by request)

 

CHAPTER 359

 

AN ACT relating to cooperative agreements; prohibiting the operation of certain legal entities created by cooperative agreements between public agencies in such a manner as to affect adversely the continued existence of a public agency that is not a party to such an agreement; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 277.130 is hereby amended to read as follows:

    277.130  1.  No agreement made pursuant to NRS 277.080 to 277.170, inclusive, [shall relieve] relieves any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance by a joint board or other legal or administrative entity created by the agreement, such performance may be offered in satisfaction of the obligation or responsibility.

    2.  A legal entity created before July 1, 2001, by an agreement made pursuant to NRS 277.080 to 277.170, inclusive, must not be operated in such a manner as to affect adversely the continued existence of a public agency that is not a party to the agreement.

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

________

 

CHAPTER 360, AB 417

Assembly Bill No. 417–Assemblywoman Leslie

 

CHAPTER 360

 

AN ACT relating to evidence; expanding the circumstances under which expert testimony concerning the effects of domestic violence and evidence of domestic violence are admissible in a criminal proceeding; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 48.061 is hereby amended to read as follows:

48.061  [Evidence]

    1.  Except as otherwise provided in subsection 2, evidence of domestic violence [as defined in NRS 33.018] and expert testimony concerning the effect of domestic violence , including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the [person alleging] alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in [chief and in rebuttal,] a criminal proceeding for any relevant purpose, including, without limitation, when determining:


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ê2001 Statutes of Nevada, Page 1699 (Chapter 360, AB 417)ê

 

    [1.] (a) Whether a [person] defendant is excepted from criminal liability pursuant to subsection 7 of NRS 194.010, to show the state of mind of the defendant.

    [2.] (b) Whether a [person] defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.

    2.  Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.

    3.  As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

    Sec. 2.  The amendatory provisions of this act do not apply to an action filed or a proceeding commenced before October 1, 2002.

    Sec. 3.  This act becomes effective on October 1, 2002.

________

 

CHAPTER 361, AB 429

Assembly Bill No. 429–Assemblyman Hettrick

 

CHAPTER 361

 

AN ACT relating to the protection of children; providing that a child may be represented by an attorney in certain proceedings that involve the child and that his attorney has certain authority and rights; requiring each person who submits a report or information to a court for consideration in certain proceedings concerning protective services for a child to provide a copy of the report or information to the parent or guardian of the child and the attorney of the parent or guardian within a certain time before the proceeding under certain circumstances; providing that such a proceeding may be continued under certain circumstances; providing that the parent or guardian and the attorney of the parent or guardian is entitled to receive a copy of the recording or transcript of such a proceeding under certain circumstances; reducing the period within which the placement of a child with a person other than his parent must be reviewed under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  Except as otherwise provided in subsection 3, a person who submits a report or information to the court for consideration in a proceeding held pursuant to NRS 432B.500 to 432B.590, inclusive, shall provide a copy of the report or information, to the extent that the data or information in the report or information is available pursuant to NRS 432B.290, to each parent or guardian of the child who is the subject of the proceeding and to the attorney of each parent or guardian not later than 72 hours before the proceeding.

    2.  If a person does not provide a copy of a report or information to a parent or guardian of a child and an attorney of the parent or guardian before a proceeding if required by subsection 1, the court or master:

    (a) Shall provide the parent or guardian and his attorney an opportunity to review the report or information; and


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ê2001 Statutes of Nevada, Page 1700 (Chapter 361, AB 429)ê

 

    (b) May grant a continuance of the proceeding until a later date that is agreed upon by all the parties to the proceeding if the parent or guardian or his attorney requests that the court grant the continuance so that the parent or guardian and his attorney may properly respond to the report or information.

    3.  If a child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this session and the location of the parent of the child is unknown, a copy of a report or information described in subsection 1 need not be sent to that parent or his attorney pursuant to subsection 1.

    4.  As used in this section, “person” includes, without limitation, a government, governmental agency or political subdivision of a government.

    Sec. 3.  1.  If a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, is recorded using sound recording equipment or is transcribed, the clerk of the court shall, upon request, provide to a parent or guardian of the child who is the subject of the proceeding and the attorney of the parent or guardian a copy of the sound recording or transcript of the proceeding if:

    (a) Such a copy is available or could be made available; and

    (b) The parent or guardian or the county in which the proceeding is held, as appropriate, pays the fee for the copy in accordance with subsection 2.

    2.  Each board of county commissioners shall adopt a sliding scale for determining the amount to be paid for a copy of a sound recording or transcript of a proceeding pursuant to subsection 1 for a proceeding that was held in a court in its county. The sliding scale must be based on the ability of the parent or guardian to pay. The court shall review each case and make a finding as to the reasonableness of the charge in relation to the ability of the parent or guardian to pay. To the extent that the court determines that a parent or guardian is unable to pay for a copy of the recording or transcript pursuant to subsection 1, the cost of providing the copy of the sound recording or transcript is a charge against the county in which the proceeding was held.

    Sec. 4.  NRS 432B.190 is hereby amended to read as follows:

    432B.190  The division of child and family services shall adopt regulations establishing reasonable and uniform standards for:

    1.  Protective services provided in this state;

    2.  Programs for the prevention of abuse or neglect of a child;

    3.  The development of local councils involving public and private organizations;

    4.  Reports of abuse or neglect, records of these reports and the response to these reports;

    5.  The management and assessment of reported cases of abuse or neglect;

    6.  The protection of the legal rights of parents and children;

    7.  Emergency shelter for a child;

    8.  The prevention, identification and correction of abuse or neglect of a child in residential institutions;

    9.  Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;


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ê2001 Statutes of Nevada, Page 1701 (Chapter 361, AB 429)ê

 

    10.  Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, and sections 2 and 3 of this act, during all stages of the proceeding; and

    11.  Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

    Sec. 5.  NRS 432B.280 is hereby amended to read as follows:

    432B.280  1.  Reports made pursuant to this chapter, as well as all records concerning these reports and investigations thereof, are confidential.

    2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases data or information concerning such reports and investigations, except:

    (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child; [or]

    (b) As otherwise authorized or required pursuant to NRS 432B.290 [,] ; or

    (c) As otherwise required pursuant to section 2 of this act,

is guilty of a misdemeanor.

    Sec. 6.  NRS 432B.290 is hereby amended to read as follows:

    432B.290  1.  Except as otherwise provided in subsections 2 and 3 [,] and section 2 of this act, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

    (a) A physician, if the physician has before him a child who he has reasonable cause to believe has been abused or neglected;

    (b) A person authorized to place a child in protective custody, if the person has before him a child who he has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

    (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

         (1) The child; or

         (2) The person responsible for the welfare of the child;

    (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

    (e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

    (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;

    (g) The attorney and the guardian ad litem of the child;

    (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

    (i) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

    (j) A team organized pursuant to NRS 432B.350 for the protection of a child;


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ê2001 Statutes of Nevada, Page 1702 (Chapter 361, AB 429)ê

 

    (k) A team organized pursuant to NRS 432B.405 to review the death of a child;

    (l) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

    (m) The persons who are the subject of a report;

    (n) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

    (o) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:

         (1) The identity of the person making the report is kept confidential; and

         (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;

    (p) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

    (q) The rural advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604; or

    (r) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide protective services.

    2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

    (a) A copy of:

         (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

         (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

    (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

    3.  An agency which provides protective services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

    4.  Any person, except for:

    (a) The subject of a report;

    (b) A district attorney or other law enforcement officer initiating legal proceedings; or


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ê2001 Statutes of Nevada, Page 1703 (Chapter 361, AB 429)ê

 

    (c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

    5.  The division of child and family services shall adopt regulations to carry out the provisions of this section.

    Sec. 7.  NRS 432B.420 is hereby amended to read as follows:

    432B.420  1.  A parent or other person responsible for the welfare of a child who is alleged to have abused or neglected the child may be represented by an attorney at all stages of any proceedings under NRS 432B.410 to 432B.590, inclusive. Except as otherwise provided in subsection 2, if the person is indigent, the court may appoint an attorney to represent him. The court may, if it finds it appropriate, appoint an attorney to represent the child. The child may be represented by an attorney at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

    2.  If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

    (a) Shall appoint an attorney to represent the parent;

    (b) May appoint an attorney to represent the Indian child; and

    (c) May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney,

as provided in the Indian Child Welfare Act.

    3.  Each attorney, other than a public defender, if appointed under the provisions of subsection 1, is entitled to the same compensation and payment for expenses from the county as provided in NRS 7.125 and 7.135 for an attorney appointed to represent a person charged with a crime. Except as otherwise provided in NRS 432B.500, an attorney appointed to represent a child may also be appointed as guardian ad litem for the child. He may not receive any compensation for his services as a guardian ad litem.

    Sec. 8.  NRS 432B.530 is hereby amended to read as follows:

    432B.530  1.  An adjudicatory hearing must be held within 30 days after the filing of the petition, unless good cause is shown [.] or the hearing has been continued until a later date pursuant to section 2 of this act.

    2.  At the hearing, the court shall inform the parties of the specific allegations in the petition and give them an opportunity to admit or deny them. If the allegations are denied, the court shall hear evidence on the petition.

    3.  In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their attorney must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when reasonably available.

    4.  The court may require the child to be present in court at the hearing.

    5.  If the court finds by a preponderance of the evidence that the child is in need of protection, it shall record its findings of fact and may proceed immediately or at another hearing held within 15 working days, to make a proper disposition of the case.


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ê2001 Statutes of Nevada, Page 1704 (Chapter 361, AB 429)ê

 

proper disposition of the case. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and, if the child is in protective custody, order the immediate release of the child.

    Sec. 9.  NRS 432B.580 is hereby amended to read as follows:

    432B.580  1.  Except as otherwise provided in this section [,] and section 2 of this act, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually [.] , and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

    2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. Except as otherwise provided in this subsection, a copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to section 1 of Senate Bill No. 191 of this [act] session and the parent has not appeared in the action, the report need not be sent to that parent.

    3.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

    4.  Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

    (a) All the parties to any of the prior proceedings; and

    (b) Any persons planning to adopt the child, relatives of the child or providers of foster care who are currently providing care to the child. Notice of the hearing need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

    5.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 4 an opportunity to be heard at the hearing.

    6.  The court or panel shall review:

    (a) The continuing necessity for and appropriateness of the placement;

    (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

    (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

    (d) The date the child may be returned to, and safely maintained in, his home or placed for adoption or under a legal guardianship.

    7.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.


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ê2001 Statutes of Nevada, Page 1705 (Chapter 361, AB 429)ê

 

    Sec. 10.  NRS 432B.585 is hereby amended to read as follows:

    432B.585  For the purposes of conducting [the semiannual] a review required by NRS 432B.580, the judge or judges of the court may by mutual consent appoint a panel of three or more persons. The persons so appointed shall serve without compensation and at the pleasure of the court.

    Sec. 11.  NRS 432B.590 is hereby amended to read as follows:

    432B.590  1.  Except as otherwise provided in NRS 432B.600 [,] and section 2 of this act, the court shall hold a hearing concerning the permanent placement of a child:

    (a) Not later than 12 months after the initial removal of the child from his home and annually thereafter.

    (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Notice of this hearing must be given by registered or certified mail to all [of] the persons to whom notice must be given pursuant to subsection 4 of NRS 432B.580.

    2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.

    3.  At the hearing, the court shall establish a plan for the permanent placement of the child and determine whether:

    (a) The child should be returned to his parents or other relatives;

    (b) The child’s placement in the foster home or other similar institution should be continued; or

    (c) It is in the best interests of the child to initiate proceedings to:

         (1) Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or

         (2) Establish a guardianship pursuant to chapter 159 of NRS.

If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.

    4.  If a child has been placed outside of his home and has resided outside of his home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

    5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

    6.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, or any relative or provider of foster care to become a party to the hearing.

    Sec. 12.  NRS 3.370 is hereby amended to read as follows:

    3.370  1.  Except as otherwise provided in subsection 3, for his services the official reporter or reporter pro tempore is entitled to the following fees:

    (a) For being available to report civil and criminal testimony and proceedings when the court is sitting during traditional business hours on any day except Sunday, $150 per day, to be paid by the county as provided in subsection 4.


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ê2001 Statutes of Nevada, Page 1706 (Chapter 361, AB 429)ê

 

    (b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Sunday:

         (1) If the reporter has been available to report for at least 4 hours, $35 per hour for each hour of availability; or

         (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),

to be paid by the county as provided in subsection 4.

    (c) For transcription:

         (1) Except as otherwise provided in subparagraph (2), for the original draft and any copy to be delivered:

             (I) Within 24 hours after it is requested, $7.10 per page for the original draft and one copy, and $1.10 per page for each additional copy;

             (II) Within 48 hours after it is requested, $5.32 per page for the original draft and one copy, and 83 cents per page for each additional copy;

             (III) Within 4 days after it is requested, $4.43 per page for the original draft and one copy, and 69 cents per page for each additional copy; or

             (IV) More than 4 days after it is requested, $3.55 per page for the original draft and one copy, and 55 cents per page for each additional copy.

         (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, for the original draft and any copy to be delivered:

             (I) Within 24 hours after it is requested, $5.50 per page and $1.10 per page for each additional copy;

             (II) Within 48 hours after it is requested, $4.13 per page and 83 cents per page for each additional copy;

             (III) Within 4 days after it is requested, $3.44 per page and 69 cents per page for each additional copy; or

             (IV) More than 4 days after it is requested, $2.75 per page and 55 cents per page for each additional copy.

         (3) For any party other than the party ordering the original draft, for the copy of the draft to be delivered:

             (I) Within 24 hours after it is requested, $1.10 per page;

             (II) Within 48 hours after it is requested, 83 cents per page;

             (III) Within 4 days after it is requested, 69 cents per page; or

             (IV) More than 4 days after it is requested, 55 cents per page.

    (d) For reporting all civil matters, in addition to the fees provided in paragraphs (a) and (b), $20 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 5.

    (e) For providing an instantaneous translation of testimony into English which appears on a computer that is located at a table in the courtroom where the attorney who requested the translation is seated:

         (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests such a translation, in addition to the fees provided pursuant to paragraphs (a) and (b), $140 for the first day and $90 per day for each subsequent day from the party who makes the request. This additional fee must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the translation service to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.


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ê2001 Statutes of Nevada, Page 1707 (Chapter 361, AB 429)ê

 

         (2) In all civil matters in which a party requests such a translation, in addition to the fees provided pursuant to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

    (f) For providing a diskette containing testimony prepared from a translation provided pursuant to paragraph (e):

         (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the fees provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of the translation contained on the diskette from the party who makes the request. This additional fee must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

         (2) In all civil matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the fees provided pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the translation contained on the diskette, to be paid by the party who requests the diskette.

    2.  For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by 11 inches. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.

    3.  If the services of more than one reporter are required by the court in a criminal proceeding, each reporter is entitled to receive:

    (a) The fees set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and

    (b) A fee of $5.33 per page for the original draft and one copy, and 83 cents per page for each additional copy for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.

    4.  The fees specified in paragraphs (a) and (b) of subsection 1, the fees for transcripts in criminal cases ordered by the court to be made, the fees for transcripts in civil cases ordered by the court pursuant to NRS 12.015, the fees for transcripts for parents or guardians or attorneys of parents or guardians who receive transcripts pursuant to section 3 of this act, the fees in criminal cases that are ordered by the court pursuant to subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and the fees specified in subsection 3 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.


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ê2001 Statutes of Nevada, Page 1708 (Chapter 361, AB 429)ê

 

reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.

    5.  [In] Except as otherwise provided in subsection 4, in civil cases , the fees prescribed in paragraph (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole fee. In either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his fees have been paid to him or deposited with the clerk of the court.

    6.  Where a transcript is ordered by the court or by any party, the fees for it must be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.

    7.  The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.

    Sec. 13.  NRS 128.100 is hereby amended to read as follows:

    128.100  1.  In any proceeding for terminating parental rights, or any rehearing or appeal thereon, the court may appoint an attorney to represent the child as his counsel and, if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his guardian ad litem. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

    2.  If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.

    3.  Each attorney appointed under the provisions of this section is entitled to the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for attorneys appointed to represent persons charged with crimes.

    Sec. 14.  Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

    A minor ward or proposed minor ward who is the subject of proceedings held pursuant to this chapter may be represented by an attorney at all stages of the proceedings. If the minor ward or proposed minor ward is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.

    Sec. 15.  This act becomes effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 1709ê

 

CHAPTER 362, AB 430

Assembly Bill No. 430–Assemblymen Cegavske and Hettrick

 

CHAPTER 362

 

AN ACT relating to general improvement districts; authorizing a general improvement district in certain counties to charge owners of dwelling units which receive services provided by the district for which the owners are not being charged; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 318 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If an employee of a general improvement district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a general improvement district in a county whose population is less than 400,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

    2.  If a board of trustees receives an affidavit described in subsection 1, the board may set a date for a hearing to determine whether the unit referenced in the affidavit is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing.

    3.  Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to NRS 318.197 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.

    4.  As used in this section:

    (a) “Dwelling unit” means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel.

    (b) “Kitchen” means a room, all or part of which is designed or used for storage, refrigeration, cooking and preparation of food.

    (c) “Owner” means a person to whom the parcel of real property upon which the unit referenced in an affidavit submitted pursuant to subsection 1 is located is assessed in the most recent assessment roll available.

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ê2001 Statutes of Nevada, Page 1710ê

 

CHAPTER 363, AB 451

Assembly Bill No. 451–Assemblymen Perkins, Dini, Giunchigliani, Chowning, Cegavske, Beers, Carpenter, Claborn, de Braga, Goldwater, Hettrick, Koivisto, Leslie, Marvel, McClain, Mortenson, Nolan and Ohrenschall

 

CHAPTER 363

 

AN ACT relating to local governments; authorizing counties and cities to donate real property to corporations for public benefit in certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 244.284 is hereby amended to read as follows:

    244.284  1.  In addition to the powers conferred by NRS 450.500, the board of county commissioners may [lease] :

    (a) Lease any of the real property of the county for a term not exceeding 30 years [,] ; or

    (b) Convey any of the real property of the county, except property of the county that is operated or occupied by the county fair and recreation board, without consideration,

if such real property is not needed for the public purposes of the county and is [let to or for any nonprofit charitable or civic organization,] leased or conveyed to a corporation for public benefit, and the property is actually used for charitable or civic purposes.

    2.  A lease or conveyance pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.

    3.  If a corporation for public benefit to which property is conveyed pursuant to this section ceases to use the property for charitable or civic purposes, the property automatically reverts to the county.

    4.  As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.

    Sec. 2.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The governing body of a city may convey real property of the city without consideration to a corporation for public benefit if the property is not needed for the public purposes of the city and the property is actually used for charitable or civic purposes.

    2.  A conveyance pursuant to this section may be made on such terms and conditions as seem proper to the governing body of the city.

    3.  If a corporation for public benefit to which property is conveyed pursuant to this section ceases to use the property for charitable or civic purposes, the property automatically reverts to the city.

    4.  As used in this section, “corporation for public benefit” has the meaning ascribed to it in NRS 82.021.

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

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ê2001 Statutes of Nevada, Page 1711ê

 

CHAPTER 364, AB 455

Assembly Bill No. 455–Assemblymen Goldwater, Cegavske and Arberry

 

Joint Sponsors: Senators McGinness, Coffin and Schneider

 

CHAPTER 364

 

AN ACT relating to taxation; authorizing the Nevada tax commission to enter into, under certain circumstances, the streamlined sales and use tax agreement, to act jointly with other states to simplify and modernize sales and use tax administration, take other actions reasonably required to implement the agreement and represent this state before the other states that are signatories to the agreement; allocating certain liabilities among certain participants in certain sales or services that involve more than one state; specifying that no provision of the agreement invalidates or amends any provision of Nevada law; requiring out-of-state retailers who contract with the state or a political subdivision to agree to collect sales tax on sales within this state; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 18, inclusive, of this act.

    Sec. 2.  Sections 2 to 18, inclusive, of this act shall be known as the Simplified Sales and Use Tax Administration Act.

    Sec. 3.  The legislature hereby finds and declares that:

    1.  A simplified sales and use tax system will reduce, and over time eliminate, the burden and cost for all vendors to collect this state’s sales and use tax.

    2.  This state should enter into an agreement with one or more states to simplify and modernize sales and use tax administration to reduce substantially the burden of tax compliance for all sellers and for all types of commerce.

    3.  This state should participate in multistate discussions to review and, if necessary, amend the terms of the agreement to simplify and modernize sales and use tax administration to reduce substantially the burden of tax compliance for all sellers and for all types of commerce.

    Sec. 4.  As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 11, inclusive, of this act, have the meanings ascribed to them in those sections.

    Sec. 5.  “Agreement” means the streamlined sales and use tax agreement.

    Sec. 6.  “Certified automated system” means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state and maintain a record of the transaction.

    Sec. 7.  “Certified service provider” means an agent certified jointly by the states that are signatories to the agreement to perform all of a seller’s sales tax functions.


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ê2001 Statutes of Nevada, Page 1712 (Chapter 364, AB 455)ê

 

    Sec. 8.  “Sales tax” means the tax levied by section 19 of chapter 397, Statutes of Nevada 1955, at page 766, and any similar tax authorized by specific statute.

    Sec. 9.  “Seller” means any person making sales, leases or rentals of personal property or services.

    Sec. 10.  “State” means any state of the United States and the District of Columbia.

    Sec. 11.  “Use tax” means the tax levied by section 34 of chapter 397, Statutes of Nevada 1955, at page 769, as amended by section 3 of chapter 513, Statutes of Nevada 1985, at page 1562, and any similar tax authorized by specific statute.

    Sec. 12.  The Nevada tax commission shall:

    1.  Except as otherwise provided in section 13 of this act, enter into the agreement.

    2.  Act jointly with other states that are members of the agreement to establish standards for:

    (a) Certification of a certified service provider;

    (b) A certified automated system; and

    (c) Performance of multistate sellers.

    3.  Take all other actions reasonably required to implement the provisions of sections 2 to 18, inclusive, of this act, including, without limitation:

    (a) Adoption of regulations to carry out the provisions of sections 2 to 18, inclusive, of this act; and

    (b) Procurement, jointly with other member states, of goods and services.

    4.  Represent, or have its designee represent, the state before the other states that are signatories to the agreement.

    5.  Designate not more than four delegates, who may be members of the commission, to represent the state for the purposes of reviewing or amending the agreement.

    Sec. 13.  1.  The Nevada tax commission shall not enter into the agreement unless the agreement:

    (a) Sets restrictions to limit over time the number of state rates.

    (b) Establishes uniform standards for:

         (1) The sourcing of transactions to taxing jurisdictions;

         (2) The administration of exempt sales; and

         (3) Sales and use tax returns and remittances.

    (c) Provides a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.

    (d) Provides that registration with the central, electronic registration system and the collection of sales and use taxes in the signatory states will not be used as a factor in determining whether the seller has nexus with a state for any tax.

    (e) Provides for reduction of the burdens of complying with local sales and use taxes through the following:

         (1) Restricting variances between the state and local tax bases;

         (2) Requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting the taxes will not have to register or file returns with, remit funds to or be subject to independent audits from local taxing jurisdictions;


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ê2001 Statutes of Nevada, Page 1713 (Chapter 364, AB 455)ê

 

         (3) Restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes; and

         (4) Providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.

    (f) Outlines any monetary allowances that are to be provided by the states to sellers or certified service providers and allows for a joint public and private sector study of the compliance cost on sellers and certified service providers to collect sales and use taxes for state and local governments under various levels of complexity to be completed by July 1, 2002.

    (g) Requires each state to certify compliance with the terms of the agreement before joining and to maintain compliance, under the laws of the member state, with all provisions of the agreement while a member.

    (h) Requires each state to adopt a uniform policy for certified service providers that protects the privacy of consumers and maintains the confidentiality of tax information.

    (i) Provides for the appointment of an advisory council of private sector representatives and an advisory council of nonmember state representatives to consult with in the administration of the agreement.

    2.  The agreement must require each member state to abide by the requirements set forth in subsection 1.

    Sec. 14.  1.  A certified service provider is:

    (a) The agent of each seller with whom the certified service provider has contracted for the collection and remittance of sales and use taxes; and

    (b) Liable for sales and use taxes due each member state on all sales transactions it processes for a seller unless the seller misrepresents the type of items it sells or commits fraud.

    2.  A seller that contracts with a certified service provider is:

    (a) Liable to this state for sales or use taxes due on transactions processed by the certified service provider if the seller misrepresents the type of items it sells or commits fraud;

    (b) Subject to audit on the transactions processed by the certified service provider if there is probable cause to believe that the seller has committed fraud or made a material misrepresentation; and

    (c) Subject to audit for transactions not processed by the certified service provider.

    3.  The member states acting jointly may perform a system check of the seller and review the seller’s procedures to determine if the certified service provider’s system is functioning properly and the extent to which the seller’s transactions are being processed by the certified service provider.

    Sec. 15.  1.  A person that provides a certified automated system is:

    (a) Responsible for the proper functioning of that system; and

    (b) Liable to this state for underpayments of tax attributable to errors in the functioning of the certified automated system.

    2.  A seller that uses a certified automated system remains responsible and is liable to this state for reporting and remitting tax.

    3.  A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system is liable for the failure of the system to meet the performance standard.


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ê2001 Statutes of Nevada, Page 1714 (Chapter 364, AB 455)ê

 

    Sec. 16.  1.  The agreement authorized by sections 2 to 18, inclusive, of this act binds and inures only to the benefit of this state and the other member states. No person, other than a member state, is an intended beneficiary of the agreement. Any benefit to a person other than a state is established by the law of this state and the other member states and not by the terms of the agreement.

    2.  No person has any cause of action or defense under the agreement or by virtue of this state’s approval of the agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency or other instrumentality of this state, or any political subdivision of this state, on the ground that the action or inaction is inconsistent with the agreement.

    3.  No law of this state, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the agreement.

    Sec. 17.  The agreement authorized by sections 2 to 18, inclusive, of this act is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the laws of each member state.

    Sec. 18.  No provision of the agreement authorized by sections 2 to 18, inclusive, of this act invalidates, in whole or part, or amends any provision of the law of this state. Adoption of the agreement by this state does not amend or modify any law of this state. Implementation of any condition of the agreement in this state, whether adopted before, at or after membership of this state in the agreement, must be by the action of this state.

    Sec. 19.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the state or a political subdivision of the state enters into a contract pursuant to chapter 332 or 333 of NRS on or after the effective date of this section with a person who:

    (a) Sells tangible personal property in this state; and

    (b) Has not obtained a permit pursuant to NRS 372.125 because he does not maintain a place of business within this state,

the contract must include a provision requiring the person to obtain a permit pursuant to NRS 372.125 and to agree to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in this state. For the purposes of the permit obtained pursuant to NRS 372.125, the person shall be deemed to have a single place of business in this state.

    2.  The department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.

    Sec. 20.  NRS 372.728 is hereby amended to read as follows:

    372.728  In administering the provisions of this chapter, the department shall construe the term “retailer maintaining a place of business in this state” to include:

    1.  A retailer maintaining, occupying or using, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or place of storage, or any other place of business, in this state.


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ê2001 Statutes of Nevada, Page 1715 (Chapter 364, AB 455)ê

 

or place, warehouse or place of storage, or any other place of business, in this state.

    2.  A retailer having any representative, agent, salesman, canvasser or solicitor operating in this state under the authority of the retailer or its subsidiary to sell, deliver or take orders for tangible personal property.

    3.  With respect to a lease, a retailer deriving rentals from a lease of tangible personal property situated in this state.

    4.  A retailer soliciting orders for tangible personal property through a system for shopping by means of telecommunication or television, using toll-free telephone numbers, which is intended by the retailer to be broadcast by cable television or other means of broadcasting to persons located in this state [.] or through a website on the Internet or other electronic means of communication to provide solicitations to persons in this state.

    5.  A retailer who, pursuant to a contract with a broadcaster or publisher located in this state, solicits orders for tangible personal property by means of advertising which is disseminated primarily to persons located in this state and only secondarily to bordering jurisdictions.

    6.  A retailer soliciting orders for tangible personal property by mail or electronic facsimile if the solicitations are substantial and recurring and if the retailer benefits from any activities occurring in this state related to banking, financing, the collection of debts, telecommunication or marketing, or benefits from the location in this state of authorized facilities for installation, servicing or repairs.

    7.  A retailer owned or controlled by the same person who owns or controls a retailer who maintains a place of business in the same or a similar line of business in this state.

    8.  A retailer having a person operating under its trade name, pursuant to a franchise or license authorized by the retailer, if the person so operating is required to collect the tax pursuant to NRS 372.195.

    9.  A retailer who, pursuant to a contract with the operator of a system of cable television located in this state, solicits orders for tangible personal property by means of advertising which is transmitted or distributed over a system of cable television in this state.

    Sec. 21.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the state or a political subdivision of the state enters into a contract pursuant to chapter 332 or 333 of NRS on or after the effective date of this section with a person who:

    (a) Sells tangible personal property in this state; and

    (b) Has not obtained a permit pursuant to NRS 374.130 because he does not maintain a place of business within this state,

the contract must include a provision requiring the person to obtain a permit pursuant to NRS 374.130 and to agree to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in any county in this state. For the purposes of the permit obtained pursuant to NRS 374.130, the person shall be deemed to have a place of business in each county in this state, but shall pay the fee for a single permit.

    2.  The department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.


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ê2001 Statutes of Nevada, Page 1716 (Chapter 364, AB 455)ê

 

    Sec. 22.  NRS 374.728 is hereby amended to read as follows:

    374.728  In administering the provisions of this chapter, the department shall construe the term “retailer maintaining a place of business in a county” to include:

    1.  A retailer maintaining, occupying or using, permanently or temporarily, directly or indirectly, or through a subsidiary or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or place of storage, or any other place of business, in the county.

    2.  A retailer having any representative, agent, salesman, canvasser or solicitor operating in the county under the authority of the retailer or its subsidiary to sell, deliver or take orders for tangible personal property.

    3.  With respect to a lease, a retailer deriving rentals from a lease of tangible personal property situated in the county.

    4.  A retailer soliciting orders for tangible personal property through a system for shopping by means of telecommunication or television, using toll-free telephone numbers, which is intended by the retailer to be broadcast by cable television or other means of broadcasting to persons located in the county [.] or through a website on the Internet or other electronic means of communication to provide solicitations to persons in this state.

    5.  A retailer who, pursuant to a contract with a broadcaster or publisher located in the state, solicits orders for tangible personal property by means of advertising which is disseminated primarily to persons located in the state and only secondarily to bordering jurisdictions, and which is disseminated to persons located in the county.

    6.  A retailer soliciting orders for tangible personal property by mail or electronic facsimile if the solicitations are substantial and recurring and if the retailer benefits from any activities occurring in the county related to banking, financing, the collection of debts, telecommunication or marketing, or benefits from the location in the county of authorized facilities for installation, servicing or repairs.

    7.  A retailer owned or controlled by the same persons who own or control a retailer who maintains a place of business in the same or a similar line of business in the county.

    8.  A retailer having a person operating under its trade name, pursuant to a franchise or license authorized by the retailer, if the person so operating is required to collect the tax pursuant to NRS 374.200.

    9.  A retailer who, pursuant to a contract with the operator of a system of cable television located in the state, solicits orders for tangible personal property by means of advertising which is transmitted or distributed over a system of cable television in the county.

    Sec. 23.  The legislature hereby urges the department of taxation, to the extent practicable, to seek compliance with the sales and use tax laws of this state by persons and businesses that sell tangible personal property through a website on the Internet or other electronic means of communication to provide solicitations to persons in this state.

    Sec. 24.  1.  This section, sections 1 to 13, inclusive, and 17 to 23, inclusive, of this act become effective upon passage and approval.

    2.  Sections 14, 15 and 16 of this act become effective on the date this state becomes a member of the streamlined sales and use tax agreement.

________

 


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ê2001 Statutes of Nevada, Page 1717ê

 

CHAPTER 365, AB 469

Assembly Bill No. 469–Assemblymen Beers, Collins, Brown, Hettrick, Humke, Lee, Ohrenschall, Price and Tiffany

 

CHAPTER 365

 

AN ACT relating to watercraft; prohibiting the operation of certain motorboats on certain waters by persons who do not satisfy certain requirements; prohibiting the rental or lease of certain motorboats to those persons; requiring the division of wildlife of the state department of conservation and natural resources to certify instructors to provide courses in safe boating; requiring the division to establish a database of persons who possess certificates relating to safe boating; revising provisions regarding the operation of personal watercraft; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Division” means the division of wildlife of the state department of conservation and natural resources.

    Sec. 4.  “Interstate waters of the state” means waters forming the boundary between the State of Nevada and an adjoining state.

    Sec. 5.  1.  A person born on or after January 1, 1983, shall not operate a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this state unless the operator:

    (a) Has:

         (1) Successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or passed a proficiency examination if the examination was proctored and tested the knowledge of information included in the curriculum of such a course; and

         (2) Received a certificate as evidence of successful completion of the course or passage of the examination;

    (b) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard;

    (c) Possesses a nonrenewable temporary operator’s permit to operate the motorboat which is valid for 60 days and was issued with the certificate of number for the motorboat if the boat is new or was sold with a transfer of ownership;

    (d) Possesses a rental or lease agreement provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat; or

    (e) Is not a resident of this state, is at least 18 years of age, is temporarily using the interstate waters of this state for a period not to exceed 60 consecutive days and satisfies any applicable requirements of his state of residency or province relating to the operation of a motorboat.


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ê2001 Statutes of Nevada, Page 1718 (Chapter 365, AB 469)ê

 

    2.  A person born on or after January 1, 1983, who is operating a motorboat that has a motor which exceeds 15 horsepower on any interstate waters of this state and who is stopped by a game warden, sheriff or other peace officer in the enforcement of this chapter or the regulations adopted pursuant thereto shall present to the game warden, sheriff or peace officer:

    (a) The certificate received by the person pursuant to subparagraph (2) of paragraph (a) of subsection 1;

    (b) A license described in paragraph (b) of subsection 1;

    (c) An operator’s permit for the motorboat described in paragraph (c) of subsection 1;

    (d) A rental or lease agreement for the motorboat provided pursuant to subsection 3 which lists the person as an authorized operator of the motorboat;

    (e) Proof that he satisfies the requirements of paragraph (e) of subsection 1.

Failure to present the certificate, license, permit, agreement or proof constitutes prima facie evidence of a violation of subsection 1. A person who fails to present the certificate, license, permit, agreement or proof is guilty of a misdemeanor unless he presents the required documents in court. The documents must prove that the person was operating the motorboat in compliance with this section on the date of the violation.

    3.  A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this state shall not rent or lease a motorboat that has a motor which exceeds 15 horsepower to any person born on or after January 1, 1983, for operation on the interstate waters of this state unless the person:

    (a) Is 18 years of age or older; and

    (b) Signs an affidavit that he:

         (1) Has successfully completed a course in safe boating that is approved by the National Association of State Boating Law Administrators or has passed a proficiency examination that was proctored and tests knowledge of the information included in the curriculum of such a course;

         (2) Possesses a license to operate a vessel issued for maritime personnel by the United States Coast Guard pursuant to 46 C.F.R. Part 10 or an equivalent license issued by the Canadian Coast Guard; or

         (3) Is not a resident of this state, is temporarily using the interstate waters of this state for a period not to exceed 60 consecutive days and satisfies any applicable requirements of his state of residency or province relating to the operation of a motorboat.

    4.  A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this state shall list on each rental or lease agreement for a motorboat the name and age of each person who is authorized to operate the motorboat. The person to whom the motorboat is rented or leased shall ensure that only those persons who are listed as authorized operators are allowed to operate the motorboat. A person who is under 16 years of age may:

    (a) Be listed as an authorized operator.

    (b) Operate the motorboat only if an authorized operator who is 18 years of age or older is on board the motorboat and supervises the person.

    5.  A person or his agent or employee engaged in the business of renting or leasing motorboats for operation on the interstate waters of this state shall provide to each authorized operator of a motorboat a summary of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat.


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ê2001 Statutes of Nevada, Page 1719 (Chapter 365, AB 469)ê

 

of the statutes and regulations governing the operation of a motorboat and instructions regarding the safe operation of the motorboat. Each person who is listed as an authorized operator of the motorboat shall review the summary of the statutes, regulations and instructions before the motorboat departs from the rental or leasing office.

    Sec. 6.  1.  The division shall certify persons to provide, in cooperation with the division, instruction in safe boating approved by the National Association of State Boating Law Administrators. All persons who successfully complete the course must be issued a certificate evidencing successful completion.

    2.  The division may offer the courses in cooperation with organizations that provide education in safe boating, including, without limitation, the United States Coast Guard Auxiliary and the United States Power Squadrons.

    3.  The division shall maintain a list, available for public inspection, of the availability of courses in safe boating and any instructors who are certified pursuant to subsection 1.

    Sec. 7.  1.  A person born on or after January 1, 1983, who is a resident of this state and who possesses a certificate that evidences his successful:

    (a) Completion of a course in safe boating that is approved by the National Association of State Boating Law Administrators, including, without limitation, courses offered pursuant to section 6 of this act and courses offered by the United States Coast Guard Auxiliary or the United States Power Squadrons; or

    (b) Passage of a proficiency examination that was proctored and tests the knowledge of the information included in the curriculum of such a course,

shall submit or cause to be submitted a copy of the certificate to the division. The division may request additional information necessary for the division to maintain the database pursuant to subsection 2.

    2.  The division shall establish and maintain a database of certificates that it receives pursuant to subsection 1. The database must include, without limitation, the:

    (a) Name, date of birth and gender of the holder of the certificate;

    (b) Date, location and name of the course that the holder of the certificate completed or the examination that he passed; and

    (c) Number on the certificate.

    Sec. 8.  NRS 488.580 is hereby amended to read as follows:

    488.580  1.  A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:

    (a) In a reckless or negligent manner so as to endanger the life or property of another person.

    (b) Unless the operator is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.

    (c) Unless the operator is at least [12] 14 years of age.

    (d) Unless the operator satisfies any applicable provisions of section 5 of this act.

    2.  There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:


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ê2001 Statutes of Nevada, Page 1720 (Chapter 365, AB 469)ê

 

    (a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.

    (b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.

    (c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.

    (d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.

    3.  As used in this section, “personal watercraft” means a class A motorboat which:

    (a) Is less than 13 feet in length;

    (b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;

    (c) Is capable of performing sharp turns or quick maneuvers; and

    (d) Has a motor that exceeds 10 horsepower.

    Sec. 9.  NRS 488.950 is hereby amended to read as follows:

    488.950  1.  Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

    2.  A court may prohibit a person who violates any of the provisions of this chapter from operating a motorboat upon the interstate waters of this state until the person successfully completes, after the date of the violation, a course in safe boating approved by the National Association of State Boating Law Administrators. As used in this subsection, “interstate waters of this state” means waters forming the boundary between the State of Nevada and an adjoining state.

    Sec. 10.  The provisions of section 5 of this act do not apply to offenses committed before January 1, 2003.

    Sec. 11.  1.  This section and sections 1 to 4, inclusive, 6 and 10 of this act become effective upon passage and approval.

    2.  Section 7 of this act becomes effective upon passage and approval for the purpose of establishing a database and on January 1, 2003, for all other purposes.

    3.  Sections 5, 8 and 9 of this act become effective on January 1, 2003.

________

 


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ê2001 Statutes of Nevada, Page 1721ê

 

CHAPTER 366, AB 490

Assembly Bill No. 490–Assemblymen Giunchigliani, Oceguera, Manendo, Williams, Ohrenschall, Arberry, Bache, Buckley, Cegavske, Chowning, Claborn, Collins, Goldwater, Koivisto, Lee, McClain, Mortenson, Parks, Perkins and Price

 

CHAPTER 366

 

AN ACT relating to counties; authorizing certain counties to establish an advisory committee on aircraft noise; excluding from the purview of the committee the operation of certain types of aircraft; requiring certain counties to enact and enforce certain ordinances concerning the reporting of certain aircraft noise; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “committee” means an advisory committee on aircraft noise established pursuant to section 3 of this act.

    Sec. 3.  1.  The board of county commissioners of each county whose population is 400,000 or more may establish by ordinance an advisory committee on aircraft noise.

    2.  If a board of county commissioners establishes a committee, the board shall appoint to the committee 11 members as follows:

    (a) Four members who live in neighborhoods affected by aircraft noise;

    (b) One member who lives in a neighborhood that is adjacent to an airport;

    (c) One member who represents commercial operators of helicopters;

    (d) One member who represents general aviation;

    (e) One member who represents the division of Air Traffic Services of the Federal Aviation Administration;

    (f) One member who represents a business that is affected by aircraft noise or is adjacent to an airport;

    (g) One member who represents the department of aviation of the county; and

    (h) One member who represents the board of county commissioners of the county.

    3.  The members of the committee shall serve terms of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the committee must be filled in the same manner as the original appointment.

    4.  The board of county commissioners shall appoint one of the members as chairman of the committee, who shall serve as chairman for a term of 1 year. If a vacancy occurs in the chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

    5.  The members of the committee serve without compensation.

    6.  The committee shall:


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ê2001 Statutes of Nevada, Page 1722 (Chapter 366, AB 490)ê

 

    (a) Meet upon the call of the chairman; and

    (b) Comply with the provisions of chapter 241 of NRS.

    Sec. 4.  1.  Except as otherwise provided in subsection 2, the committee may:

    (a) Examine and assess laws and any other information related to problems of aircraft noise in the county, including, without limitation, existing and proposed flight paths for aircraft;

    (b) Promote increased communication regarding aircraft noise among relevant public entities and between those entities and the general public; and

    (c) With due regard for the safety and efficiency of the aviation industry, advise and consult with the Federal Aviation Administration, the board of county commissioners and all other relevant federal, state and local governmental agencies, bodies and officials regarding new and existing programs and approaches for abating aircraft noise.

    2.  The provisions of this section do not authorize the committee to take any action with respect to any aircraft that is operated:

    (a) In commercial aviation pursuant to 14 C.F.R. Part 121 or 14 C.F.R. Part 135, or both;

    (b) As an air ambulance, as that term is defined in NRS 450B.030; or

    (c) By or in cooperation with a law enforcement agency.

    Sec. 5.  1.  Except as otherwise provided in subsection 2, the board of county commissioners of each county whose population is 400,000 or more shall enact and enforce ordinances requiring the county airport to:

    (a) Establish a toll-free telephone number for persons to report information regarding alleged violations of rules or regulations pertaining to aircraft noise, including, without limitation, deviations from established flight paths; and

    (b) Compile and maintain a record of each complaint that alleges a violation of a rule or regulation pertaining to aircraft noise.

    2.  An ordinance enacted pursuant to this section must not apply to any aircraft that is operated:

    (a) As an air ambulance, as that term is defined in NRS 450B.030; or

    (b) By or in cooperation with a law enforcement agency.

    Sec. 6.  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.

________


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ê2001 Statutes of Nevada, Page 1723ê

 

CHAPTER 367, AB 499

Assembly Bill No. 499–Assemblymen Williams, Arberry, Chowning and Manendo

 

CHAPTER 367

 

AN ACT relating to public schools; revising provisions governing the policy for the renovation or reconstruction of schools required of certain school districts; revising provisions governing the use of certain proceeds of bonds for a pilot program of a certain school district for the replacement of schools; requiring Clark County school district to continue its pilot program for the replacement of schools; authorizing a certain school district to use a certain amount of money from its fund for capital projects to finance the replacement of schools designated for its pilot program; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 393.103 is hereby amended to read as follows:

    393.103  A school district that has more than 150,000 pupils enrolled shall develop and adopt a policy concerning the renovation or reconstruction of older buildings for schools or related facilities. As part of the policy, consideration must be given to the relative advantages and disadvantages of the renovation or reconstruction of older buildings for schools or related facilities as compared to the design, construction or purchase of new buildings for schools or related facilities [.] , including, without limitation, an analysis of the costs to renovate or reconstruct existing buildings and facilities to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with the costs to construct or purchase new buildings and facilities. The policy must include, without limitation, guidelines for use by the board of trustees in determining:

    1.  Whether older buildings should be renovated or reconstructed or whether new buildings to replace those older buildings should be constructed or purchased [.] , including, without limitation, a determination of the costs to renovate or reconstruct existing buildings and facilities to comply with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., in comparison with the costs to construct or purchase new buildings and facilities.

    2.  The manner in which the board of trustees will expend or disburse money that the board did not otherwise anticipate would be available to finance the renovation or reconstruction of older buildings and the construction or purchase of new buildings, if such money, in fact, becomes available.

    Sec. 2.  Section 3 of chapter 562, Statutes of Nevada 1999, at page 2947, is hereby amended to read as follows:

    Sec. 3.  1.  The legislature hereby finds and declares that:

    (a) The deterioration of school facilities has become a grave concern in this state;

    (b) The local governments in the various portions of the state are currently faced with unique financial problems resulting from a variety of situations because in some local governments the population is rapidly increasing whereas in others the population is generally declining;


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ê2001 Statutes of Nevada, Page 1724 (Chapter 367, AB 499)ê

 

rapidly increasing whereas in others the population is generally declining;

    (c) Some local governments are still attempting to rehabilitate schools that were built around the turn of the last century and others cannot build new schools quickly enough to meet the needs of the children in the district; and

    (d) Because of the unique variety of problems facing the local governments of this state a general law cannot be made applicable to ensure that children in more densely populated urban areas are provided with a safe environment which encourages learning.

    2.  The board of trustees of the Clark County School District shall establish a pilot program to replace schools. The school district may use an amount not to exceed [$15] $18 million from the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 to:

    (a) Evaluate older schools within the district to determine the need for renovation or reconstruction of those schools in furtherance of section 2 of this act; and

    (b) Reconstruct one existing elementary school designated by the board of trustees from among the three schools analyzed in 1998 by the board of trustees in the study entitled “Rehab vs. Replacement Study/Phase Analysis.” The board of trustees, upon designating the school to be reconstructed, shall with all deliberate speed commence the reconstruction of the designated school with a planned completion date [of July 1, 2001.] as soon as is practicable.

    3.  The purpose of this section is to provide authority to expend the proceeds of the bonds issued pursuant to subsection 3 or 4 of NRS 350.020 for reconstruction that is additional to and does not replace, repeal or limit any existing authority to so expend such proceeds.

    4.  On or before February 1, 2001, the Clark County School District shall submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature an interim report regarding the pilot program to replace schools. The report must include, without limitation, the progress of the effort to evaluate the older schools conducted pursuant to paragraph (a) of subsection 2 of this section and the progress of the reconstruction of the designated elementary school.

    Sec. 3.  1.  The board of trustees of the Clark County School District shall continue the pilot program established pursuant to section 3 of chapter 562, Statutes of Nevada 1999, at page 2947.

    2.  Notwithstanding the provisions of NRS 387.328 to the contrary, the board of trustees of the Clark County School District may use an amount not to exceed $90 million from the fund for capital projects created pursuant to NRS 387.328 to reconstruct at least five existing schools within the school district. The board of trustees shall select the schools designated for reconstruction in accordance with the policy adopted pursuant to NRS 393.103 concerning the renovation or reconstruction of older buildings for schools or related facilities and any priorities for reconstruction set forth in that policy. The board of trustees, upon designating the schools to be reconstructed, shall with all deliberate speed commence the reconstruction of the designated schools with a planned completion date of July 1, 2005.


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ê2001 Statutes of Nevada, Page 1725 (Chapter 367, AB 499)ê

 

    3.  On or before February 1, 2003, the board of trustees of the Clark County School District shall submit to the director of the legislative counsel bureau for transmission to the 72nd session of the Nevada legislature an interim report regarding the pilot program to replace schools. The report must include, without limitation, the progress of the reconstruction of the designated schools.

    Sec. 4.  1.  This section and sections 2 and 3 of this act become effective on July 1, 2001.

    2.  Section 1 of this act becomes effective at 12:01 a.m. on July 1, 2001.

________

 

CHAPTER 368, AB 540

Assembly Bill No. 540–Committee on Commerce and Labor

 

CHAPTER 368

 

AN ACT relating to vehicles; providing for the identification, registration, regulation, taxation and other treatment of recreational park trailers as recreational vehicles; revising certain statutory definitions of “motor home” and “travel trailer;” and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Recreational park trailer” means a vehicle which is primarily designed to provide temporary living quarters for recreational, camping or seasonal use and which:

    1.  Is built on a single chassis mounted on wheels;

    2.  Has a gross trailer area not exceeding 400 square feet in the set-up mode; and

    3.  Is certified by the manufacturer as complying with Standard No. A119.5 of the American National Standards Institute.

    Sec. 2.  NRS 482.010 is hereby amended to read as follows:

    482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 482.067 is hereby amended to read as follows:

    482.067  “Mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services. The term does not include a recreational park trailer.

    Sec. 3.5.  NRS 482.071 is hereby amended to read as follows:

    482.071  “Motor home” means a structure:

    1.  Attached permanently to a self-propelled motor vehicle chassis;

    2.  Designed as a temporary dwelling for travel, recreational or camping use; and

    3.  When assembled for the road, [having] has a maximum body width of [8 feet.] 102 inches.


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ê2001 Statutes of Nevada, Page 1726 (Chapter 368, AB 540)ê

 

    Sec. 4.  NRS 482.101 is hereby amended to read as follows:

    482.101  “Recreational vehicle” means a vehicular-type unit primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled, mounted upon, or drawn by, a motor vehicle. The term includes a recreational park trailer.

    Sec. 5.  NRS 487.001 is hereby amended to read as follows:

    487.001  1.  The provisions of this chapter, except NRS 487.035 and 487.290, apply to mobile homes although not licensed or registered.

    2.  As used in this section, “mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. The term does not include a recreational park trailer as defined in section 1 of this act.

    Sec. 6.  Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Recreational park trailer” has the meaning ascribed to it in section 1 of this act.

    Sec. 7.  NRS 489.031 is hereby amended to read as follows:

    489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and section 6 of this act, have the meanings ascribed to them in those sections.

    Sec. 8.  NRS 489.062 is hereby amended to read as follows:

    489.062  “Commercial coach” means a structure without motive power which is designed and equipped for human occupancy for industrial, professional or commercial purposes. The term does not include a recreational park trailer.

    Sec. 9.  NRS 489.113 is hereby amended to read as follows:

    489.113  1.  “Manufactured home” means a structure which is:

    (a) Built on a permanent chassis;

    (b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

    (c) Transportable in one or more sections; and

    (d) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on site, contains 320 square feet or more.

    2.  The term includes:

    (a) The plumbing, heating, air-conditioning and electrical systems of the structure.

    (b) Any structure:

         (1) Which meets the requirements of paragraphs (a) to (c), inclusive, of subsection 1, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 , [(] 42 U.S.C. §§ 5401 et seq. ; [);] or

         (2) Built in compliance with the requirements of chapter 461 of NRS.

    3.  The term does not include a recreational park trailer.

    Sec. 10.  NRS 489.120 is hereby amended to read as follows:

    489.120  1.  “Mobile home” means a structure which is:

    [1.] (a) Built on a permanent chassis;

    [2.] (b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities; and

    [3.] (c) Transportable in one or more sections.


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ê2001 Statutes of Nevada, Page 1727 (Chapter 368, AB 540)ê

 

    2.  The term includes the design of the body and frame and the plumbing, heating, air-conditioning and electrical systems of the mobile home. [“Mobile home”]

    3.  The term does not include a recreational park trailer, travel trailer, commercial coach [,] or manufactured home or any structure built in compliance with the requirements of chapter 461 of NRS.

    Sec. 11.  NRS 489.150 is hereby amended to read as follows:

    489.150  [1.] “Travel trailer” means a portable structure mounted on wheels, consisting of a vehicular chassis primarily designed as temporary living quarters for recreational, camping or travel use and designed to be drawn by another vehicle, and designated by the manufacturer as a travel trailer.

    [2.  A vehicle is not a travel trailer if, when equipped for highway use, it is more than 8 feet wide.] The term does not include a recreational park trailer.

    Secs. 12 and 13.  (Deleted by amendment.)

    Sec. 14.  NRS 361.029 is hereby amended to read as follows:

    361.029  “Mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services. The term does not include a recreational park trailer as defined in section 1 of this act.

    Sec. 15.  NRS 361.561 is hereby amended to read as follows:

    361.561  Those units identified as “chassis-mount camper,” “mini motor home,” “motor home,” “recreational park trailer,” “travel trailer,” “utility trailer” and “van conversion,” in chapter 482 of NRS and any other vehicle required to be registered with the department of motor vehicles and public safety are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles must be taxed in the manner provided in NRS 361.562 to 361.5644, inclusive.

    Sec. 16.  Chapter 461 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Recreational park trailer” has the meaning ascribed to it in section 1 of this act.

    Sec. 17.  NRS 461.040 is hereby amended to read as follows:

    461.040  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 461.050 to 461.160, inclusive, and section 16 of this act have the meanings ascribed to them in such sections.

    Sec. 18.  NRS 461.080 is hereby amended to read as follows:

    461.080  “Factory-built housing” means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled on site in accordance with regulations adopted by the division pursuant to NRS 461.170 , but does not include a mobile home [.] or recreational park trailer.

    Sec. 19.  NRS 461.132 is hereby amended to read as follows:

    461.132  “Manufactured building” includes any modular building or any building constructed using one or more modular components [.] , but does not include a recreational park trailer.


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ê2001 Statutes of Nevada, Page 1728 (Chapter 368, AB 540)ê

 

    Sec. 20.  NRS 461.143 is hereby amended to read as follows:

    461.143  “Modular building” means an office, apartment, school, motel or other building, whether it is a total building or a room, which is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled on site in accordance with regulations adopted by the division pursuant to NRS 461.170, but does not include a mobile home [.] or recreational park trailer.

    Sec. 21.  Chapter 461A of NRS is hereby amended by adding thereto a new section to read as follows:

    “Recreational vehicle” includes, without limitation, a recreational park trailer as defined in section 1 of this act.

    Sec. 22.  NRS 461A.010 is hereby amended to read as follows:

    461A.010  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 461A.020 to 461A.060, inclusive, and section 21 of this act have the meanings ascribed to them in those sections.

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CHAPTER 369, AB 560

Assembly Bill No. 560–Committee on Government Affairs

 

CHAPTER 369

 

AN ACT relating to law enforcement; providing that certain field agents and inspectors of the state department of agriculture are category II peace officers; providing that the peace officers’ standards and training commission may enter into certain interlocal agreements with Indian tribes; requiring that certain peace officers be certified by the commission within a certain period; revising the authority of the director of the state department of agriculture to designate certain department personnel as field agents and expanding their authority to stop vehicles temporarily; and providing other matters properly relating thereto.

 

[Approved: June 5, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 289.290 is hereby amended to read as follows:

    289.290  1.  A person designated by the director of the state department of agriculture as a field agent or an inspector pursuant to subsection 2 of NRS 561.225 has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop [the movement of livestock and carcasses for the purpose of inspection.] a vehicle in the enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 of NRS.

    2.  An inspector of the state board of sheep commissioners and his deputies have the powers of a peace officer.

    3.  An officer appointed by the Nevada junior livestock show board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the board conducts.


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ê2001 Statutes of Nevada, Page 1729 (Chapter 369, AB 560)ê

 

    4.  In carrying out the provisions of chapter 565 of NRS, an inspector of the state department of agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure. The provisions of this subsection do not authorize any inspector to retire under the public employees’ retirement system before having attained the minimum service age of 60 years.

    Sec. 2.  NRS 289.470 is hereby amended to read as follows:

    289.470  “Category II peace officer” means:

    1.  The bailiff of the supreme court;

    2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

    3.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

    4.  Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

    5.  Parole and probation officers;

    6.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

    7.  Investigators of arson for fire departments who are specially designated by the appointing authority;

    8.  The assistant and deputies of the state fire marshal;

    9.  The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

    10.  The field agents and inspectors of the state department of agriculture who exercise the powers of enforcement conferred by NRS 561.225;

    11.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;

    [11.] 12.  School police officers employed by the board of trustees of any county school district;

    [12.] 13.  Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

    [13.] 14.  Investigators and administrators of the division of compliance enforcement of the motor vehicles branch of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

    [14.] 15.  Officers and investigators of the section for the control of emissions from vehicles of the motor vehicles branch of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

    [15.] 16.  Legislative police officers of the State of Nevada;

    [16.] 17.  The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;


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ê2001 Statutes of Nevada, Page 1730 (Chapter 369, AB 560)ê

 

    [17.] 18.  Parole counselors of the division of child and family services of the department of human resources;

    [18.] 19.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

    [19.] 20.  Field investigators of the taxicab authority;

    [20.] 21.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;

    [21.] 22.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

    [22.] 23.  Criminal investigators who are employed by the secretary of state.

    Sec. 3.  NRS 289.510 is hereby amended to read as follows:

    289.510  1.  The commission:

    (a) Shall meet at the call of the chairman, who must be elected by a majority vote of the members of the commission.

    (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this state.

    (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

         (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

         (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

         (3) Qualifications for instructors of peace officers; and

         (4) Requirements for the certification of a course of training.

    (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

    (e) May make necessary inquiries to determine whether the agencies of this state and of the local governments are complying with standards set forth in its regulations.

    (f) Shall carry out the duties required of the commission pursuant to NRS 432B.610 and 432B.620.

    (g) May perform any other acts that may be necessary and appropriate to the functions of the commission as set forth in NRS 289.450 to 289.600, inclusive.

    (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

    2.  Regulations adopted by the commission:

    (a) Apply to all agencies of this state and of local governments in this state that employ persons as peace officers;

 

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