Link to Page 2824

 

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ê2001 Statutes of Nevada, Page 2825ê

 

CHAPTER 562, SB 587

Senate Bill No. 587–Committee on Finance

 

CHAPTER 562

 

AN ACT making an appropriation to the Interim Finance Committee to assist school districts in paying for health insurance for their employees; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the Interim Finance Committee the sum of $13,000,000 to provide allocations to school districts that incur unexpected expenses related to providing health insurance for their employees during the 2001-2003 biennium. No additional appropriation will be made for this purpose. The money appropriated pursuant to this subsection must not be used to negotiate the salaries of educational personnel.

    2.  The State Board of Examiners shall adopt policies, procedures and criteria for the review of requests for allocations pursuant to subsection 3. Upon the adoption of such policies, procedures and criteria, the State Board of Examiners shall transmit a copy of the policies, procedures and criteria to the Interim Finance Committee for approval. Upon approval of the policies, procedures and criteria, the Interim Finance Committee shall transmit a copy of the policies, procedures and criteria to the Department of Education. The policies, procedures and criteria adopted by the State Board of Examiners may not be used until they are approved by the Interim Finance Committee.

    3.  If a school district finds that it has unexpected expenses related to providing health insurance to its employees during the 2001-2003 biennium, the school district may submit a request to the Department of Education for an allocation from the appropriation in subsection 1.

    4.  The Department of Education, the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau shall jointly review a request submitted pursuant to subsection 3, using the policies, procedures and criteria approved by the Interim Finance Committee pursuant to subsection 2. Upon completion of the review, a recommendation for or against an allocation to the requesting school district must be submitted to the State Board of Examiners.

    5.  The State Board of Examiners shall consider each request and recommend the amount of the allocation, if any, to the Interim Finance Committee.

    6.  The Interim Finance Committee is not required to approve the entire amount of an allocation recommended pursuant to subsection 5 or to allocate the entire amount appropriated by subsection 1.

    7.  Any remaining balance of the sum appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

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ê2001 Statutes of Nevada, Page 2826ê

 

CHAPTER 563, SB 578

Senate Bill No. 578–Committee on Finance

 

CHAPTER 563

 

AN ACT relating to the department of motor vehicles and public safety; revising the amount of money required to be transferred annually from the account for verification of insurance to the state highway fund; requiring the department to increase certain fees as necessary to cover the actual cost of production of photographs for drivers’ licenses and identification cards; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 482.4805 is hereby amended to read as follows:

    482.4805  On June 30 of each year the state controller shall transfer from the account for verification of insurance created pursuant to NRS 482.480 to the state highway fund any amount in the account which exceeds [$1,000,000.] $500,000.

    Sec. 2.  NRS 483.347 is hereby amended to read as follows:

    483.347  1.  Except as otherwise provided in subsection 2, the department shall issue a driver’s license which bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age.

    2.  The department may issue a temporary driver’s license without a photograph of the licensee if the licensee is temporarily absent from this state and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his driver’s license. If the licensee returns to this state for 14 continuous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license which bears his photograph in accordance with subsection 1. A licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.

    3.  The department shall:

    (a) Establish a uniform procedure for the production of drivers’ licenses, applicable to renewal as well as to original licenses.

    (b) [Increase] By regulation, increase the fees provided in NRS 483.410, 483.820 and 483.910 [by an amount up to $1.] as necessary to cover the actual cost of production of photographs for drivers’ licenses and identification cards. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of producing drivers’ licenses required by this section.

    Sec. 3.  NRS 483.820 is hereby amended to read as follows:

    483.820  1.  A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive an identification card if he is:

    (a) A resident of this state and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or


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ê2001 Statutes of Nevada, Page 2827 (Chapter 563, SB 578)ê

 

    (b) A seasonal resident who does not hold a valid Nevada driver’s license.

    2.  The department shall charge and collect the following fees for the issuance of an original, duplicate or changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older.................. $4

An original or duplicate identification card issued to a person under 18 years of age....................... 3

An original or duplicate identification card issued to any other person................................................ 9

A new photograph or change of name, or both......................................................................................... 4

 

    3.  The department shall not charge a fee for an identification card issued to a person who has voluntarily surrendered his driver’s license pursuant to NRS 483.420.

    4.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

    5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

    Sec. 4.  This act becomes effective on July 1, 2001.

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CHAPTER 564, SB 583

Senate Bill No. 583–Committee on Finance

 

CHAPTER 564

 

AN ACT relating to tourism; establishing a grant program for the development of projects relating to tourism; creating a committee to administer the grant program; prescribing the membership and duties of the committee; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 231 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, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Committee” means the committee for the development of projects relating to tourism created by section 6 of this act.

    Sec. 4.  “Development of projects relating to tourism” means the development of publicly owned property, facilities and infrastructure within this state to support and attract visitors to this state.

    Sec. 5.  “Grant program” means the grant program administered by the committee for the development of projects relating to tourism.

    Sec. 6.  1.  The committee for the development of projects relating to tourism is hereby created within the commission on tourism. The committee consists of:

    (a) The lieutenant governor, who is an ex officio member of the committee and shall serve as the chairman of the committee;


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ê2001 Statutes of Nevada, Page 2828 (Chapter 564, SB 583)ê

 

    (b) Three members of the commission on economic development, appointed by the lieutenant governor; and

    (c) Three members of the commission on tourism, appointed by the lieutenant governor.

    2.  If an appointed member of the committee ceases to be a member of the commission on economic development or the commission on tourism, the appointed member becomes ineligible for membership on the committee and the lieutenant governor shall appoint a replacement from the commission on economic development or the commission on tourism, respectively.

    3.  The lieutenant governor may remove an appointed member from the committee if the member neglects his duty or commits malfeasance in office.

    4.  The appointed members of the committee who are members of the commission on economic development or the commission on tourism, respectively, may be paid the per diem allowance and travel expenses provided for state officers and employees generally by their respective commissions, as the budgets of those commissions allow.

    5.  The committee shall meet at the call of the lieutenant governor.

    6.  The commission on tourism and the commission on economic development shall jointly provide administrative support for the committee.

    Sec. 7.  1.  The committee may provide grants of money to counties, cities, and local and regional organizations in this state for the development of projects relating to tourism to the extent that:

    (a) Money in the fund for the promotion of tourism created by NRS 231.250 is made available for that purpose. Not more than $200,000 of revenue from taxes on the gross receipts from the rental of transient lodging may be made available for that purpose in any biennium.

    (b) Gifts, grants or other money is made available for that purpose.

    2.  Except as otherwise provided in this subsection, the state controller shall, upon the request of the committee, transfer to the state general fund all money made available for the use of the committee pursuant to subsection 1. All such money must be accounted for separately in the state general fund. The state controller shall not transfer any revenue from taxes on the gross receipts from the rental of transient lodging from the fund for the promotion of tourism to the state general fund unless the transfer is approved by the interim finance committee.

    3.  The committee shall administer the account created pursuant to subsection 2 and may make grants only from that account. Any interest earned on the money in the account must be credited to the account quarterly. The money in the account does not revert to the state general fund at the end of any fiscal year and must be carried forward to the next fiscal year.

    4.  The committee shall:

    (a) Develop and administer the grant program for the development of projects relating to tourism;

    (b) Establish guidelines for the submission and review of applications to receive money from the grant program;

    (c) Establish the criteria for eligibility to receive money from the grant program; and

    (d) Consider and approve or disapprove applications for money from the grant program.


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ê2001 Statutes of Nevada, Page 2829 (Chapter 564, SB 583)ê

 

    5.  Except as otherwise provided in subsection 6, as a condition of eligibility for a grant from the committee pursuant to this section, an applicant must provide an amount of money, at least equal to the amount of the grant, for the same purpose.

    6.  If an applicant for a grant is from a county whose population is less than 100,000 and the committee determines that the applicant is financially unable to provide the matching money otherwise required by subsection 5, the committee may provide a grant with less than equal matching money provided by the applicant.

    Sec. 8.  NRS 231.220 is hereby amended to read as follows:

    231.220  The executive director of the commission on tourism shall direct and supervise all its administrative and technical activities, including coordinating its plans for tourism and publications, scheduling its programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel and tourism. In addition to other powers and duties, the executive director:

    1.  Shall attend all meetings of the commission and act as its secretary, keeping minutes of its proceedings.

    2.  Shall report regularly to the commission concerning the administration of its policies and programs.

    3.  Shall serve as the director of the division of tourism.

    4.  Shall appoint the administrator of the division of publications.

    5.  May perform any other lawful acts which he considers necessary to carry out the provisions of NRS 231.160 to 231.300, inclusive [.] , and sections 2 to 7, inclusive, of this act.

    Sec. 9.  On or before July 1, 2001, the state controller shall transfer to the account created in the state general fund pursuant to subsection 2 of section 7 of this act all money in the fund for the promotion of tourism created by NRS 231.250 which has been granted by the commission on tourism but not yet disbursed for the V. & T. Railroad reconstruction project. The money so transferred must remain in the account until it is disbursed by the commission on tourism for the V. & T. Railroad reconstruction project.

    Sec. 10.  1.  This section and section 9 of this act become effective upon passage and approval.

    2.  Sections 1 to 8, inclusive, of this act become effective on July 1, 2001.

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ê2001 Statutes of Nevada, Page 2830ê

 

CHAPTER 565, SB 585

Senate Bill No. 585–Committee on Finance

 

CHAPTER 565

 

AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the 2001-2003 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  The basic support guarantee for school districts for operating purposes for the 2001-2002 fiscal year is an estimated weighted average of $3,897 per pupil. For each respective school district, the basic support guarantee per pupil for the 2001-2002 fiscal year is:

 

Carson City............................................................................................................................................ $4,435

Churchill County................................................................................................................................... $4,894

Clark County......................................................................................................................................... $3,731

Douglas County..................................................................................................................................... $4,135

Elko County........................................................................................................................................... $4,781

Esmeralda County................................................................................................................................ $7,861

Eureka County...................................................................................................................................... $3,052

Humboldt County................................................................................................................................. $4,749

Lander County...................................................................................................................................... $4,314

Lincoln County...................................................................................................................................... $7,229

Lyon County.......................................................................................................................................... $5,025

Mineral County..................................................................................................................................... $5,415

Nye County............................................................................................................................................ $5,018

Pershing County.................................................................................................................................... $5,706

Storey County........................................................................................................................................ $6,292

Washoe County..................................................................................................................................... $3,777

White Pine County................................................................................................................................ $5,596

 

    Sec. 2.  1.  The basic support guarantee for school districts for operating purposes for the 2002-2003 fiscal year is an estimated weighted average of $3,991 per pupil.

    2.  On or before April 1, 2002, the Department of Taxation shall provide a certified estimate of the assessed valuation for each school district for the 2002-2003 fiscal year. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.

    3.  Pursuant to NRS 362.115, on or before April 25 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators.

    4.  For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the 2002-2003 fiscal year for operating purposes are:


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ê2001 Statutes of Nevada, Page 2831 (Chapter 565, SB 585)ê

 

                                                     Basic                                                Estimated

                                                   Support                                                  Basic

                                                 Guarantee             Estimated              Support

                                                    Before               Ad Valorem          Guarantee

School District                     Adjustment           Adjustment         as Adjusted

Carson City                                $3,904                     $638                   $4,542

Churchill County                      $4,560                     $457                   $5,017

Clark County                             $3,011                     $807                   $3,818

Douglas County                        $2,936                 $1,288                   $4,224

Elko County                              $4,388                     $512                   $4,900

Esmeralda County                   $5,378                 $2,648                   $8,026

Eureka County                       $(6,512)                 $9,488                   $2,976

Humboldt County                    $4,007                     $854                   $4,861

Lander County                          $2,881                 $1,523                   $4,404

Lincoln County                         $6,922                     $493                   $7,415

Lyon County                             $4,572                     $577                   $5,149

Mineral County                         $5,043                     $509                   $5,552

Nye County                               $4,309                     $830                   $5,139

Pershing County                        $4,869                     $973                   $5,842

Storey County                           $4,879                 $1,555                   $6,434

Washoe County                        $3,007                     $857                   $3,864

White Pine County                   $5,293                     $445                   $5,738

 

    5.  The ad valorem adjustment may be made only to take into account the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 2001, and the amount estimated as of April 1, 2002, for the 2002-2003 fiscal year. Estimates of net proceeds of minerals received from the Department of Taxation on or before April 25 pursuant to subsection 3 must be taken into consideration in determining the adjustment.

    6.  Upon receipt of the certified estimates of assessed valuations as of April 1, 2002, from the Department of Taxation, the Department of Education shall recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the 2002-2003 fiscal year by April 15, 2002. The final basic support guarantee for each school district for the 2002-2003 fiscal year is the amount, which is recalculated for the 2002-2003 fiscal year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before April 25, 2002. The basic support guarantee recalculated pursuant to this section must be calculated before May 31, 2002.

    Sec. 3.  1.  The basic support guarantee for each special education program unit that is maintained and operated for at least 9 months of a school year is $29,977 in the 2001-2002 fiscal year and $30,576 in the 2002-2003 fiscal year, except as limited by subsection 2.

    2.  The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 2001-2002 and 2002-2003 are:

 


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ê2001 Statutes of Nevada, Page 2832 (Chapter 565, SB 585)ê

 

                                                            Allocation of Special Education Units

                                                        2001-2002                              2002-2003

DISTRICT                             Units               Amount           Units                Amount

Carson City                              78           $2,338,206             80            $2,446,080

Churchill County                    43           $1,289,011             44            $1,345,344

Clark County                     1,437         $43,076,949        1,519          $46,444,944

Douglas County                      61           $1,828,597             62            $1,895,712

Elko County                            80           $2,398,160             81            $2,476,656

Esmeralda County                    3                 $89,931                3                  $91,728

Eureka County                          4               $119,908                4               $122,304

Humboldt County                  29               $869,333             29               $886,704

Lander County                        14               $419,678             14               $428,064

Lincoln County                       17               $509,609             17               $519,792

Lyon County                           52           $1,558,804             54            $1,651,104

Mineral County                       10               $299,770             11               $336,336

Nye County                             42           $1,259,034             44            $1,345,344

Pershing County                      14               $419,678             14               $428,064

Storey County                           8               $239,816                8               $244,608

Washoe County                    451         $13,519,627           471          $14,401,296

White Pine County                 19               $569,563             19               $580,944

Subtotal                              2,362         $70,805,674        2,474          $75,645,024

Reserved by State

Board of Education               40           $1,199,080             40            $1,223,040

TOTAL                                2,402         $72,004,754        2,514          $76,868,064

 

    3.  The State Board of Education shall reserve 40 special education program units in each fiscal year of the 2001-2003 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year. In addition, charter schools in this state are authorized to apply directly to the Department of Education for the reserved special education program units, which may allocated upon approval of the State Board of Education.

    4.  Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the state distributive school account up to $157,168 in the fiscal year 2001-2002 for 5.24 special education program units and $167,321 in the fiscal year 2002-2003 for 5.47 special education program units for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting one or more of the units for gifted and talented pupils. For each fiscal year of the 2001-2003 biennium, the Department will award the units for gifted and talented pupils based on a review of applications received from school districts.

    Sec. 4.  1.  There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:

For the 2001-2002 fiscal year.......................................................................................................................................... $496,299,288

For the 2002-2003 fiscal year.......................................................................................................................................... $543,255,885

    2.  The money appropriated by subsection 1 must be:

    (a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and


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ê2001 Statutes of Nevada, Page 2833 (Chapter 565, SB 585)ê

 

    (b) Work-programmed for the 2 separate fiscal years, 2001-2002 and 2002-2003, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

    3.  Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.

    4.  The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

    5.  Any remaining balance of the appropriation made by subsection 1 for the 2001-2002 fiscal year must be transferred and added to the money appropriated for the 2002-2003 fiscal year and may be expended as that money is expended.

    6.  Any remaining balance of the appropriation made by subsection 1 for the 2002-2003 fiscal year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 5.  1.  Expenditure of $146,822,050 by the Department of Education from money in the state distributive school account that was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 2001.

    2.  Expenditure of $151,122,258 by the Department of Education from money in the state distributive school account that was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 2002.

    3.  For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.

    4.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

    5.  The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.

    Sec. 6.  During each of the fiscal years 2001-2002 and 2002-2003, whenever the State Controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account.


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ê2001 Statutes of Nevada, Page 2834 (Chapter 565, SB 585)ê

 

from the state general fund to the state distributive school account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

    Sec. 7.  The Department of Education is hereby authorized to spend from the state distributive school account the sums of $14,692,482 for the 2001-2002 fiscal year and $15,641,566 for the 2002-2003 fiscal year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2001-2003 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

    Sec. 8.  The Department of Education is hereby authorized to provide from the state distributive school account the sum of $50,000 to each of the 17 school districts in each fiscal year of the 2001-2003 biennium to support special counseling services for elementary school pupils at risk of failure.

    Sec. 9.  The amounts of the guarantees set forth in sections 1 and 2 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.

    Sec. 10.  1.  The Department of Education shall transfer from the state distributive school account to the school districts specified in this section the following sums for fiscal years 2001-2002 and 2002-2003:

 

School District                                                    2001-2002                                                          2002-2003

Clark County School District                          $2,130,044                                                         $2,500,456

Douglas County School District                        $740,885                                                            $869,724

Elko County School District                               $787,190                                                            $924,082

Washoe County School District                        $972,411                                                         $1,141,513

                                                                              $4,630,530                                                         $5,435,775

 

    2.  A school district that receives an allocation pursuant to subsection 1 shall use the money to maintain and continue the operation of a regional training program for the professional development of teachers and administrators initially established by the school district pursuant to section 16 of chapter 559, Statutes of Nevada 1999, at page 2930.

    3.  Any remaining balance of the transfers made by subsection 1 for the 2001-2002 fiscal year must be added to the money received by the school districts for the 2002-2003 fiscal year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2001-2002 fiscal year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 11.  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby authorized to receive from the state distributive school account to spend for an evaluation of the regional training programs for the professional development of teachers and administrators, initially established pursuant to section 16 of chapter 559, Statutes of Nevada 1999, at page 2930:


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ê2001 Statutes of Nevada, Page 2835 (Chapter 565, SB 585)ê

 

For the fiscal year 2001-2002.......................................................................................................... $65,000

For the fiscal year 2002-2003.......................................................................................................... $65,000

    2.  Any remaining balance of the sums authorized for expenditure by subsection 1 for the 2001-2002 fiscal year must be added to the money authorized for expenditure for the 2002-2003 fiscal year and may be expended as that money is expended. Any remaining balance of the sums authorized for expenditure pursuant to subsection 1 for the 2001-2002 fiscal year, including any money added from the authorization for the previous fiscal year, must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 12.  1.  The Department of Education shall transfer from the state distributive school account to the school districts specified in this section the following sums for fiscal years 2001-2002 and 2002-2003:

 

 

School District                                              2001-2002                                                                2002-2003

Clark County School District                    $2,754,339                                                               $2,754,339

Douglas County School District                  $347,814                                                                  $347,814

Elko County School District                         $432,612                                                                  $432,612

Washoe County School District                  $900,235                                                                  $900,235

                                                                       $4,435,000                                                               $4,435,000

 

    2.  A school district that receives an allocation pursuant to subsection 1:

    (a) Shall use the money to establish a Nevada Early Literacy Intervention Program, through the regional training program initially established by the school district pursuant to section 16 of chapter 559, Statutes of Nevada 1999, at page 2930, for the purpose of providing training for teachers who teach kindergarten and grades 1, 2 and 3, on methods to teach fundamental reading skills, including, without limitation:

         (1) Phonemic awareness;

         (2) Phonics;

         (3) Vocabulary;

         (4) Fluency;

         (5) Comprehension; and

         (6) Motivation.

    (b) Shall use the money for purposes of the Nevada Early Literacy Intervention Program, upon approval of the governing body of the regional training program, including, without limitation, paying:

         (1) The salaries and travel expenses of staff and other personnel necessary to the operation of the Nevada Early Literacy Intervention Program;

         (2) Related administrative expenses; and

         (3) The costs incurred to acquire equipment and space to operate the Nevada Early Literacy Intervention Program.

    (c) Shall use the money to pay for the travel expenses of teachers who attend the regional training program for purposes of the Nevada Early Literacy Intervention Program.

    (d) May use the money to provide incentives for teachers to attend the regional training program for purposes of the Nevada Early Literacy Intervention Program, including, without limitation, the:


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ê2001 Statutes of Nevada, Page 2836 (Chapter 565, SB 585)ê

 

         (1) Arrangement for credit toward renewal of a license or an endorsement for a license;

         (2) Provision of books, supplies or instructional materials for the classroom; and

         (3) Provision of stipends.

    (e) Shall use the money to supplement and not replace the money that the school district or regional training program would otherwise expend for training for early literacy programs as described in this section.

    3.  The training required pursuant to paragraph (a) of subsection 2 must:

    (a) Include appropriate procedures to ensure follow-up training for teachers who have received training through the Nevada Early Literacy Intervention Program.

    (b) Incorporate training that addresses the educational needs of:

         (1) Pupils with disabilities who participate in programs of special education; and

         (2) Pupils whose primary language is not English.

    4.  The governing body of each regional training program shall:

    (a) Prepare and maintain a list that identifies programs for the Nevada Early Literacy Intervention Program that successfully incorporate fundamental reading skills. The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

    (b) Establish a method for the evaluation of the success of the Nevada Early Literacy Intervention Program.

    (c) On or before July 1 of each year, submit an annual report to the Governor, State Board of Education, Council to Establish Academic Standards for Public Schools, Legislative Committee on Education and Legislative Bureau of Educational Accountability and Program Evaluation that includes:

         (1) The type of training offered through the Nevada Early Literacy Intervention Program in the immediately preceding year;

         (2) The number of teachers, by grade, who received training through the Nevada Early Literacy Intervention Program in the immediately preceding year; and

         (3) An evaluation of the success of the Nevada Early Literacy Intervention Program in accordance with the method established pursuant to paragraph (b).

    5.  The board of trustees of each school district shall submit an annual report to the Governor, State Board of Education, Council to Establish Academic Standards for Public Schools, Legislative Committee on Education and Legislative Bureau of Educational Accountability and Program Evaluation that includes for the immediately preceding year:

    (a) The number of teachers, by grade, employed by the school district who received training through the Nevada Early Literacy Intervention Program; and

    (b) An evaluation of whether that training successfully incorporated the fundamental reading skills set forth in paragraph (a) of subsection 2.

    6.  Any remaining balance of the transfers made by subsection 1 for the 2001-2002 fiscal year must be added to the money received by the school districts for the 2002-2003 fiscal year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2002-2003 fiscal year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.


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ê2001 Statutes of Nevada, Page 2837 (Chapter 565, SB 585)ê

 

the previous fiscal year, must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 13.  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby authorized to receive from the state distributive school account to spend for an evaluation of the Nevada Early Literacy Intervention Program established pursuant to section 12 of this act:

For the fiscal year 2001-2002.................................................................................................................................................... $65,000

For the fiscal year 2002-2003.................................................................................................................................................... $65,000

    2.  The Legislative Bureau of Educational Accountability and Program Evaluation shall, after consulting with the Statewide Council for the Coordination of the Regional Training Programs, if applicable, use the money authorized by subsection 1 to hire a qualified, independent consultant to conduct an evaluation of the effectiveness of the Nevada Early Literacy Intervention Program.

    3.  The evaluation must include, without limitation, a review of the annual reports submitted by the governing body of each regional training program pursuant to subsection 4 of section 12 of this act and the annual reports submitted by the board of trustees of each school district pursuant to subsection 5 of section 12 of this act.

    4.  On or before February 1, 2003, the consultant shall submit a written report of the results of his evaluation to the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 19, 2003, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written evaluation, including any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature.

    5.  Any remaining balance of the sums authorized for expenditure by subsection 1 for the 2001-2002 fiscal year must be added to the money authorized for the 2002-2003 fiscal year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2001-2002 fiscal year, including any money added from the authorization for the previous fiscal year, must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 14.  1.  The Department of Education shall transfer from the state distributive school account the following sums for remedial education programs for schools that have been designated as demonstrating need for improvement and certain schools that have been designated as demonstrating adequate achievement:

For the fiscal year 2001-2002............................................................................................................................................... $5,750,000

For the fiscal year 2002-2003............................................................................................................................................... $5,750,000

The money allocated must be used to provide remedial education programs that have been approved by the Department as being effective in improving pupil achievement.

    2.  A school may submit an application to the Department of Education for transmission to the State Board of Examiners for an allocation from the amount authorized by subsection 1 if the school:

    (a) Receives a designation as demonstrating need for improvement pursuant to NRS 385.367.


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

ê2001 Statutes of Nevada, Page 2838 (Chapter 565, SB 585)ê

 

    (b) Did not receive a designation because the school had too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015, but the test scores of the pupils indicate that the school would have received a designation as demonstrating need for improvement.

    (c) Receives a designation as demonstrating adequate achievement, but more than 40 percent of the pupils enrolled in the school received an average score below the 26th percentile on one or more of the four subjects tested pursuant to NRS 389.015.

    (d) Was designated as demonstrating need for improvement pursuant to NRS 385.367 in the immediately preceding school year.

    3.  The Department of Education shall, in consultation with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, develop a form for such applications. The form must include, without limitation, a notice that:

    (a) Money received by a school to implement or continue remedial education programs that have been approved by the Department as being effective in improving pupil achievement will be used to implement or continue the programs in a manner that has been approved by the vendor of the remedial program; and

    (b) If money is authorized for programs of remedial study for the 2003-2005 biennium by the 72nd session of the Nevada Legislature, a school that:

         (1) Receives a designation as demonstrating adequate achievement;

         (2) Has received an allocation for programs of remedial study for the immediately preceding 2 years; and

         (3) Applies for an allocation for a third consecutive year,

may be required to match the allocation equally with other money available to the school.

    4.  Upon receipt of an application submitted pursuant to subsection 2, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department of Education concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school. In determining the amount of the allocation, the State Board of Examiners and the Interim Finance Committee shall consider:

    (a) The total number of pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015;

    (b) The number of subjects tested pursuant to NRS 389.015 on which more than 40 percent of the pupils enrolled in the school received an average score below the 26th percentile; and

    (c) The financial need of the particular school.

    5.  In addition to the considerations set forth in subsection 5, in determining whether to approve an application for a school that has received an allocation in the immediately preceding year and in determining the amount of the allocation for such a school, the State Board of Examiners and the Interim Finance Committee shall consider whether the school has carried out the program of remedial study for which it received an allocation in a manner that has been approved by the vendor of the remedial program and whether the program has been successful, as measured by the academic achievement of the pupils enrolled in the school on the examinations administered pursuant to NRS 389.015 and any assessments related to the program of remedial study.


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

ê2001 Statutes of Nevada, Page 2839 (Chapter 565, SB 585)ê

 

amount of the allocation for such a school, the State Board of Examiners and the Interim Finance Committee shall consider whether the school has carried out the program of remedial study for which it received an allocation in a manner that has been approved by the vendor of the remedial program and whether the program has been successful, as measured by the academic achievement of the pupils enrolled in the school on the examinations administered pursuant to NRS 389.015 and any assessments related to the program of remedial study.

    6.  A school that receives an allocation of money pursuant to this section shall use the money to:

    (a) Pay the costs incurred by the school in providing the program of remedial study required by NRS 385.389. The money must first be applied to those pupils who the school determines are performing at a level that poses the highest risk of failure.

    (b) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the program of remedial study, equipment necessary to offer the program of remedial study and all other additional operating costs attributable to the program of remedial study, to the extent that the training, materials and equipment are those that are approved by the vendor of the remedial program.

    (c) Supplement and not replace the money the school would otherwise expend for programs of remedial study.

    7.  Before a school amends a plan for expenditure of an allocation of money received pursuant to this section, the school district in which the school is located must submit the proposed amendment to the Department of Education to receive approval from the Department of Education, the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, or the Interim Finance Committee.

    8.  The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 15.  1.  The Department of Education shall transfer from the state distributive school account the following sums for programs of remedial education or tutoring for pupils who need additional instructional time to pass or to reach a level considered proficient:

For the fiscal year 2001-2002............................................................................................................................................... $1,000,000

For the fiscal year 2002-2003............................................................................................................................................... $1,000,000

The programs for which money is provided pursuant to this section must be conducted before or after school, on weekends, during the summer or between sessions in schools with year-round school calendars.

    2.  To receive an allocation from the amounts transferred pursuant to subsection 1, a school district must submit an application to the Department of Education containing a written plan for providing a program of remedial education or tutoring. The written plan must include:

    (a) The estimated number of pupils that will participate in the program;

    (b) The curriculum that will be taught;

    (c) A schedule of the course work or tutoring to be conducted under the program;


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

ê2001 Statutes of Nevada, Page 2840 (Chapter 565, SB 585)ê

 

    (d) A plan for evaluating the effectiveness of the program; and

    (e) A budget for the program.

    3.  Upon receipt of an application submitted pursuant to subsection 2, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department of Education concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school district.

    4.  A school district that receives an allocation of money pursuant to this section shall use the money to:

    (a) Provide a program of remedial education or tutoring that has been approved by the Department of Education as being effective in improving pupil achievement.

    (b) Pay the costs incurred by the school district in providing the program of remedial education or tutoring. The money must first be applied to those pupils who the school district determines are performing at a level which poses the highest risk of failure.

    (c) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial education or tutoring, instructional materials required for the program, equipment necessary to offer the program and all other additional operating costs attributable to the program.

    (d) Supplement and not replace the money the school district would otherwise expend for programs of remedial education or tutoring.

    5.  Before a school district amends a plan for expenditure of an allocation of money received pursuant to this section, the school district must submit the proposed amendment to the Department of Education to receive approval from the Department of Education, the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, or the Interim Finance Committee.

    6.  The sums transferred pursuant to subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 16.  1.  The Department of Education is hereby authorized to transfer from the state distributive school account the sum of $500,000 for the fiscal year 2001-2002 for the school to careers program created pursuant to NRS 388.367 and 388.368.

    2.  The Department of Education shall use the money authorized by subsection 1 for allocation to school districts, charter schools, and universities and community colleges within the University and Community College System of Nevada in accordance with NRS 388.368.


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

ê2001 Statutes of Nevada, Page 2841 (Chapter 565, SB 585)ê

 

    3.  Any balance of the sum authorized for expenditure by subsection 1 must not be committed for expenditure after June 30, 2002, and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 17.  1.  The Department of Education shall transfer from the state distributive school account the following sums for early childhood education:

For the fiscal year 2001-2002................................................................................................................................................. $3,500,000

For the fiscal year 2002-2003................................................................................................................................................. $3,500,000

    2.  The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.

    3.  To receive a grant of money pursuant to subsection 2, school districts and community-based organizations must submit a comprehensive plan to the Department of Education that includes, without limitation:

    (a) A detailed description of the proposed early childhood education program;

    (b) A description of the manner in which the money will be used, which must supplement and not replace the money that would otherwise be expended for early childhood education programs; and

    (c) A plan for evaluation of the program to determine the effectiveness of the program on the academic achievement of children who participate in the program.

    4.  A school district or community-based organization that receives a grant of money shall:

    (a) Use the money to initiate or expand pre-kindergarten education programs that meet the criteria set forth in the publication of the Department of Education, entitled “August 2000 Public Support for Pre-kindergarten Education For School Readiness in Nevada.”

    (b) Use the money to supplement and not replace the money that the school district or community-based organization would otherwise expend for early childhood education programs, as described in this section.

    (c) Submit an evaluation of the program in accordance with the plan submitted pursuant to paragraph (c) of subsection 3.

    5.  The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money were awarded pursuant to this section. The indicators must include, without limitation:

    (a) Measures of the developmental progress of children before and after their completion of the program;

    (b) Measures of parental involvement in the program before and after completion of the program; and

    (c) The percentage of participants who drop out of the program before completion.

    6.  The Department of Education shall review the evaluations of the early childhood education programs submitted by each school district and community-based organization pursuant to paragraph (c) of subsection 4 and prepare a compilation of the evaluations for inclusion in the report submitted pursuant to subsection 7.

    7.  The Department of Education shall, on an annual basis, provide a written report to the Governor, Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation regarding the effectiveness of the early childhood programs for which grants of money were received.


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

ê2001 Statutes of Nevada, Page 2842 (Chapter 565, SB 585)ê

 

regarding the effectiveness of the early childhood programs for which grants of money were received. The report must include, without limitation:

    (a) The number of grants awarded;

    (b) An identification of each school district and community-based organization that received a grant of money and the amount of each grant awarded;

    (c) For each school district and community based-organization that received a grant of money:

         (1) The number of children who received services through a program funded by the grant; and

         (2) The average per child expenditure for the program;

    (d) A compilation of the evaluations reviewed pursuant to subsection 6 that includes, without limitation:

         (1) A summary of the data showing the effectiveness of the different programs; and

         (2)  A description of the programs in this state that are the most effective; and

    (e) Any recommendations for legislation. 

    8.  Any balance of the sums transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state distributive school account as soon as all payments of money committed have been made.

    Sec. 18.  The sums appropriated or authorized in sections 10 to 17, inclusive, of this act:

    1.  Must be accounted for separately from any other money received by the school districts of this state and used only for the purposes specified in the applicable section of this act.

    2.  May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

    3.  May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

    Sec. 19.  1.  The Department of Education shall transfer from the state distributive school account the following sums for special transportation costs to school districts:

For the 2001-2002 school year..................................................................................................................................................... $44,675

For the 2002-2003 school year..................................................................................................................................................... $44,675

    2.  Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for pupils to a school outside the school district in which his residence is located.

    Sec. 20.  As initially established by section 27 of chapter 559, Statutes of Nevada 1999, at page 2943, estate tax receipts must be deposited into the fund for school improvement and an amount not to exceed $13,891,737 in fiscal year 1999-2000 and $16,767,624 in fiscal year 2000-2001 must be transferred from the fund for school improvement to the state distributive school account.

    Sec. 21.  Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner that is designed to attain the goals of the Legislature regarding educational reform in this state, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language.


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

ê2001 Statutes of Nevada, Page 2843 (Chapter 565, SB 585)ê

 

pupils in need of remediation and pupils who are not proficient in the English language.

    Sec. 22.  1.  This section and section 20 of this act become effective upon passage and approval.

    2.  Sections 1 to 19, inclusive, and 21 of this act become effective on July 1, 2001.

________

 

CHAPTER 566, AB 370

Assembly Bill No. 370–Assemblymen Leslie, Bache, Parks, Price, McClain, Anderson, Arberry, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Humke, Koivisto, Manendo, Mortenson, Neighbors, Parnell, Smith and Tiffany

 

CHAPTER 566

 

AN ACT relating to injunctions; authorizing employers to obtain temporary and extended orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedures for obtaining such orders; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

    Sec. 2.  As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Employee” means a person who is employed by an employer, including, without limitation, an independent contractor.

    Sec. 4.  “Employer” means a public or private employer in this state, including, without limitation, the State of Nevada, an agency of this state and a political subdivision of this state.

    Sec. 5.  “Order for protection against harassment in the workplace” means an order issued pursuant to section 8 of this act.

    Sec. 6.  Harassment in the workplace occurs when:

    1.  A person knowingly threatens to cause or commits an act that causes:

    (a) Bodily injury to himself or another person;

    (b) Damage to the property of another person; or

    (c) Substantial harm to the physical or mental health or safety of a person;

    2.  The threat is made or the act is committed against an employer, an employee of the employer while the employee performs his duties of employment or a person present at the workplace of the employer; and

    3.  The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.


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

ê2001 Statutes of Nevada, Page 2844 (Chapter 566, AB 370)ê

 

    Sec. 7.  1.  An employer or an authorized agent of an employer who reasonably believes that harassment in the workplace has occurred may file a verified application for a temporary order for protection against harassment in the workplace against the person who allegedly committed the harassment.

    2.  The verified application must include, without limitation:

    (a) The name of the employer seeking the order;

    (b) The name and address, if known, of the person who allegedly committed the harassment in the workplace; and

    (c) A detailed description of the events that allegedly constituted harassment in the workplace and the dates on which these events occurred.

    Sec. 8.  1.  The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to section 7 of this act that harassment in the workplace has occurred.

    2.  Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.

    3.  The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.

    4.  A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or his attorney only if:

    (a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of his employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or his attorney can be heard in opposition; and

    (b) The employer and the employer’s attorney, if any, set forth in the affidavit:

         (1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and

         (2) The facts supporting waiver of notice requirements.

    5.  A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.

    6.  If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or his authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. Such an application must:


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

ê2001 Statutes of Nevada, Page 2845 (Chapter 566, AB 370)ê

 

    (a) In addition to the information required by subsection 2 of section 7 of this act, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

    (b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;

    (c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and

    (d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.

    7.  At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:

    (a) Dissolve or modify the temporary order for protection against harassment in the workplace; or

    (b) Grant an extended order for protection against harassment in the workplace.

    8.  If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.

    9.  Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.

    10.  The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.

    11.  If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

    Sec. 9.  1.  A temporary or extended order for protection against harassment in the workplace may:

    (a) Enjoin the person who allegedly committed the harassment from contacting the employer, an employee of the employer while the employee is performing his duties of employment and any person while the person is present at the workplace of the employer;

    (b) Order the person who allegedly committed the harassment to stay away from the workplace of the employer; and

    (c) Order such other relief as the court deems necessary to protect the employer, the workplace of the employer, the employees of the employer while performing their duties of employment and any other persons who are present at the workplace.


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

ê2001 Statutes of Nevada, Page 2846 (Chapter 566, AB 370)ê

 

    2.  A court may not issue a temporary or extended order for protection against harassment in the workplace that is against more than one person.

    3.  A temporary or extended order for protection against harassment in the workplace must:

    (a) Specify, as applicable, the county and city, if any, in which the workplace of the employer is located and in which the employees of the employer perform their duties of employment;

    (b) Include a provision ordering any law enforcement officer to arrest the person who allegedly committed the harassment, with or without a warrant, if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order;

    (c) State the reasons for granting the order; and

    (d) Include the following statement:

 

WARNING

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an order for protection against harassment in the workplace and any other crime that you may have committed in disobeying this order.

 

    4.  In addition to the requirements of subsection 3, if the court granted a temporary order for protection against harassment in the workplace without notice, the order must:

    (a) Include a statement that the person who allegedly committed the harassment is entitled to a hearing on the order pursuant to section 8 of this act;

    (b) Include the name and address of the court in which the petition for a hearing may be filed;

    (c) Contain the date and hour of issuance;

    (d) Be immediately filed with the clerk of the court;

    (e) Define the irreparable injury, loss or damage resulting from the harassment and state why it is irreparable; and

    (f) Set forth the reasons for granting the order without notice.

    Sec. 10.  A temporary or extended order for protection against harassment in the workplace is in addition to and not in lieu of any other available civil or criminal action. An employer is not barred from seeking an order because of other pending proceedings.

    Sec. 11.  1.  A court shall transmit, by the end of the next business day after a temporary or extended order for protection against harassment in the workplace is issued, a copy of the order to the appropriate law enforcement agency that has jurisdiction over the workplace of the employer or the areas in which the employees of the employer perform their duties of employment.

    2.  The court may order the appropriate law enforcement agency to serve the person who allegedly committed the harassment personally with the order if it finds that such service is necessary to avoid an act of violence and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an order, the notice of hearing thereon and the order must be served upon the person who allegedly committed the harassment pursuant to the Nevada Rules of Civil Procedure.


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

ê2001 Statutes of Nevada, Page 2847 (Chapter 566, AB 370)ê

 

the person who allegedly committed the harassment pursuant to the Nevada Rules of Civil Procedure.

    3.  A law enforcement agency shall enforce a temporary or extended order for protection against harassment in the workplace without regard to the county in which the order was issued.

    4.  The clerk of the court that issued a temporary or extended order for protection against harassment in the workplace shall issue a copy of the order to the employer who requested the order and the person who allegedly committed the harassment.

    Sec. 12.  1.  Whether or not a violation occurs in the presence of a law enforcement officer, the officer may, with or without a warrant, arrest and take into custody a person if the officer has probable cause to believe that:

    (a) An order has been issued pursuant to section 8 of this act against the person;

    (b) The person has been served with a copy of the order; and

    (c) The person is acting in violation of the order.

    2.  If a law enforcement officer cannot verify that the person was served with a copy of the order and the officer is at the workplace of the employer, the officer shall serve the person with a copy of the order if a copy is available.

    3.  A law enforcement officer who serves a person with a copy of an order pursuant to subsection 2 shall note the date and time of such service on the copy of the order that was issued to the employer.

    Sec. 13.  1.  An employer or an authorized agent of an employer may register a temporary or extended order for protection against harassment in the workplace issued by the court of another state by presenting a certified copy of the order to the clerk of the court in a judicial district in which the employer believes that enforcement may be necessary.

    2.  A temporary or extended order for protection against harassment in the workplace that is registered has the same effect and must be enforced in like manner as such an order issued by a court of this state.

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

    Sec. 14.  1.  A court, a law enforcement officer or any other person who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid is immune from civil and criminal liability for any action taken based upon that belief.

    2.  A court, a law enforcement officer or any other person who refuses to enforce a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken based upon that belief.

    3.  The employer of a law enforcement officer who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken by the law enforcement officer based upon that belief.


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

ê2001 Statutes of Nevada, Page 2848 (Chapter 566, AB 370)ê

 

    Sec. 15.  (Deleted by amendment.)

    Sec. 16.  If an employer has knowledge that a specific person is the target of harassment in the workplace and the employer intends to seek a temporary or extended order for protection against such harassment, the employer shall make a good faith effort to notify the person who is the target of the harassment that the employer intends to seek such an order.

    Sec. 17.  1.  An employer is immune from civil liability for:

    (a) Seeking a temporary or extended order for protection against harassment in the workplace, if the employer acts in good faith in seeking the order; or

    (b) Failing to seek a temporary or extended order for protection against harassment in the workplace.

    2.  An action taken or a statement made by an employer pursuant to sections 2 to 19, inclusive, of this act:

    (a) Shall not be deemed an admission by the employer of any fact; and

    (b) May be used for the purposes of impeachment.

    Sec. 18.  The provisions of sections 2 to 19, inclusive, of this act do not:

    1.  Modify the duty of an employer to provide a safe workplace for the employees of the employer and other persons present at the workplace of the employer;

    2.  Prohibit a person from engaging in any constitutionally protected exercise of free speech, including, without limitation, speech involving labor disputes concerning organized labor; or

    3.  Prohibit a person from engaging in any activity which is part of a labor dispute.

    Sec. 19.  1.  A person who violates a temporary or extended order for protection against harassment in the workplace is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act by that person against a person protected by the order, the court shall:

    (a) Impose upon the person who violated the order a fine of $1,000 or require him to perform a minimum of 200 hours of work for the community;

    (b) Sentence the person who violated the order to imprisonment for not fewer than 5 days nor more than 6 months;

    (c) Order the person who violated the order to reimburse the employer, in an amount determined by the court, for all costs and attorney’s fees incurred by the employer in seeking to enforce the order, and for all medical expenses of the employer and any person protected by the order that were incurred as a result of the violent physical act; and

    (d) Order the person who violated the order to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.

    2.  The person who violates a temporary or extended order for protection against harassment in the workplace shall comply with the order for reimbursement of the employer or any other person protected by the order before paying a fine imposed pursuant to this section.


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

ê2001 Statutes of Nevada, Page 2849 (Chapter 566, AB 370)ê

 

    Sec. 20.  NRS 4.355 is hereby amended to read as follows:

    4.355  1.  A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:

    (a) In any action filed pursuant to NRS 73.010;

    (b) In any action filed pursuant to sections 2 to 19, inclusive, of this act;

    (c) In any action for a misdemeanor constituting a violation of chapter 484 of NRS, except NRS 484.379 and 484.3795; or

    [(c)] (d) In any action for a misdemeanor constituting a violation of a county traffic ordinance.

    2.  The referee must meet the qualifications of a justice of the peace as set forth in subsections 1 and 2 of NRS 4.010.

    3.  The referee:

    (a) Shall take testimony;

    (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

    (c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and

    (d) Has any other power or duty contained in the order of reference issued by the justice of the peace.

    4.  The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

    5.  A referee must be paid one-half of the hourly compensation of a justice of the peace.

    Sec. 21.  NRS 4.370 is hereby amended to read as follows:

    4.370  1.  Except as limited by subsection 2, justices’ courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

    (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $7,500.

    (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $7,500.

    (c) Except as otherwise provided in paragraph (l) in actions for a fine, penalty or forfeiture not exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

    (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $7,500, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

    (e) In actions to recover the possession of personal property, if the value of the property does not exceed $7,500.


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

ê2001 Statutes of Nevada, Page 2850 (Chapter 566, AB 370)ê

 

    (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $7,500.

    (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $7,500 or when no damages are claimed.

    (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $7,500 or when no damages are claimed.

    (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $7,500.

    (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.

    (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.

    (l) In actions for a fine imposed for a violation of NRS 484.757.

    (m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.

    (n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to sections 2 to 19, inclusive, of this act.

    (o) In small claims actions under the provisions of chapter 73 of NRS.

    [(o)] (p) In actions to contest the validity of liens on mobile homes or manufactured homes.

    [(p)] (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

    2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

    3.  Justices’ courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute.

    4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

    5.  In the case of any arrest made by a member of the Nevada highway patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

    6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

    Sec. 22.  NRS 171.124 is hereby amended to read as follows:

    171.124  1.  Except as otherwise provided in subsection 3 [,] and section 12 of this act, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:

    (a) For a public offense committed or attempted in his presence.


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

ê2001 Statutes of Nevada, Page 2851 (Chapter 566, AB 370)ê

 

    (b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.

    (c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

    (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.

    (e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.

    2.  He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.

    3.  An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.

    Sec. 23.  The amendatory provisions of this act do not apply to offenses committed before October 1, 2001.

________

 

CHAPTER 567, AB 399

Assembly Bill No. 399–Committee on Judiciary

 

CHAPTER 567

 

AN ACT relating to false reports; providing for civil liability for making a false report of a crime or an emergency; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A public agency may commence an action in the name of the agency to recover the expense of an emergency response by the public agency against any person who knowingly:

    (a) Makes a false report to a public agency that a felony or misdemeanor has been committed or that an emergency exists; or

    (b) Creates the false appearance that a felony or misdemeanor has been committed or that an emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists.

    2.  A civil action may be brought pursuant to this section even if there has been no criminal conviction for the false report.

    3.  If a public agency prevails in an action brought pursuant to this section, the court may award the public agency the costs of the action and reasonable attorney’s fees.

    4.  As used in this section:


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

ê2001 Statutes of Nevada, Page 2852 (Chapter 567, AB 399)ê

 

    (a) “Expense of an emergency response” includes, without limitation, the reasonable costs incurred by a public agency in making an appropriate response to or investigation of a false report, including, without limitation, the salary or wages of any person responding to or investigating a false report, the deemed wages of any volunteer of a public agency participating in the response or investigation, the costs for use or operation of any equipment and the costs for the use or expenditure of any resources, fuel or other materials.

    (b) “Public agency” means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, fire-fighting, rescue or emergency medical services.

    Sec. 2.  The amendatory provisions of this act apply to a false report that is made on or after the effective date of this act.

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

________

 

CHAPTER 568, AB 500

Assembly Bill No. 500–Assemblymen Williams, Giunchigliani, Leslie, Goldwater, Parks, Anderson, Bache, Buckley, Chowning, Manendo and Ohrenschall

 

CHAPTER 568

 

AN ACT relating to law enforcement; directing the Attorney General to conduct a statistical study regarding traffic stops by the Nevada Highway Patrol and by law enforcement officers in certain counties; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 289 of NRS is hereby amended by adding a new section thereto to read as follows:

    1.  A peace officer shall not engage in racial profiling.

    2.  No retaliatory or punitive action may be taken against a peace officer who discloses information concerning racial profiling.

    3.  For purposes of this section, “racial profiling” means reliance by a peace officer upon the race, ethnicity or national origin of a person as a factor in initiating action when the race, ethnicity or national origin of the person is not part of an identifying description of a specific suspect for a specific crime.

    Sec. 2.  1.  The Attorney General shall conduct a study of traffic stops by the Nevada Highway Patrol and in counties whose population is 100,000 or more by metropolitan police departments, sheriffs and their deputies, and city police chiefs and their officers. Each such law enforcement agency shall cooperate fully in the study.

    2.  To carry out this study, the Attorney General shall, based upon the recommendations of the Director of the Department of Motor Vehicles and Public Safety and the heads of the affected local law enforcement agencies, prescribe the form and manner of collecting and transmitting information regarding each traffic stop. The information required to be collected and transmitted to the Attorney General must include, without limitation:


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

ê2001 Statutes of Nevada, Page 2853 (Chapter 568, AB 500)ê

 

    (a) The traffic violation or infraction alleged to have been committed that caused the driver to be stopped.

    (b) The identifying characteristics of the driver who was stopped, including, without limitation, the driver’s race, ethnicity, and gender and approximate age.

    (c) A statement of whether the immigration status of the driver was questioned, including whether immigration documents were requested by the officer or whether an inquiry was made to the Immigration and Naturalization Service of the United States Department of Justice with regard to the immigration status of any person in the motor vehicle.

    (d) The number of persons who were in the motor vehicle when it was stopped.

    (e) A statement of whether a search was instituted as a result of the stop, including, without limitation, whether consent was requested for the search or whether a particular alleged criminal behavior by the driver justified the search.

    (f) A report of any items seized during a search of the vehicle, including, without limitation, a report of any contraband or money that was seized.

    (g) A statement of whether any warning or citation was issued as a result of the stop.

    (h) A statement of whether an arrest was made as a result of either the stop itself or any search conducted during the stop, and the justification for any such arrest.

    3.  The Attorney General may collect reports from individual law enforcement officers regarding traffic stops made by other law enforcement officers and from drivers who were the subject of a traffic stop. Any such report may be submitted anonymously, and must be kept confidential.

    4.  On or before February 1, 2003, the Attorney General shall compile the results of the information collected pursuant to subsections 2 and 3 and report it in statistical form. All identifying information regarding the particular law enforcement officers who made the stops and the drivers who were stopped must remain confidential.

    5.  The Attorney General shall submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the 72nd session of the Nevada Legislature.

    6.  As used in this section, “traffic stop” means any occasion when the driver of a motor vehicle is halted by a law enforcement officer for an alleged traffic violation or infraction, or any other purpose.

    Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval for the purposes of the creation of the form required pursuant to section 2 of this act, and on July 1, 2001, for all other purposes.

    2.  Section 1 of this act becomes effective on July 1, 2001.

________

 


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

ê2001 Statutes of Nevada, Page 2854ê

 

CHAPTER 569, AB 671

Assembly Bill No. 671–Committee on Ways and Means

 

CHAPTER 569

 

AN ACT relating to education; making appropriations to the state distributive school account for purposes relating to class-size reduction; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Whereas, The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and

    Whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in fiscal years 2001-2002 and 2002-2003, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in fiscal years 2001-2002 and 2002-2003; and

    Whereas, Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3; and

    Whereas, It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3; and

    Whereas, School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction; and

    Whereas, School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement; and

    Whereas, The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and

    Whereas, School districts are encouraged, to the extent possible, to reduce the pupil-teacher ratio in each classroom in the district in the grades for which additional funding is provided; and

    Whereas, With this act, the Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the state and to continue reducing the pupil-teacher ratio in grade 3; and


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

ê2001 Statutes of Nevada, Page 2855 (Chapter 569, AB 671)ê

 

    Whereas, Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class; now, therefore,

 

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

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the state distributive school account the sum of $91,822,619 for distribution by the Superintendent of Public Instruction to the county school districts for fiscal year 2001-2002 which must, except as otherwise provided in sections 4 and 5 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the state distributive school account.

    2.  Except as otherwise provided in sections 4 and 5 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,866 teachers employed by school districts to meet the required pupil-teacher ratios in the 2001-2002 school year.

    3.  Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2002, and must be transferred and added to the money appropriated to the state distributive school account pursuant to section 2 of this act for the 2002-2003 fiscal year, and may be expended as that money is expended.

    Sec. 2.  1.  There is hereby appropriated from the state general fund to the state distributive school account the sum of $99,730,291 for distribution by the Superintendent of Public Instruction to the county school districts for fiscal year 2002-2003 which must, except as otherwise provided in sections 4 and 5 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the state distributive school account.

    2.  Except as otherwise provided in sections 4 and 5 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,949 teachers employed by school districts to meet the required pupil-teacher ratios in the 2002-2003 school year.

    3.  Any remaining balance of the sum appropriated by subsection 1, including any money added thereto pursuant to section 1 of this act, must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 3.  The board of trustees of each county school district:

    1.  Shall file a plan with the Superintendent of Public Instruction describing how the money appropriated by sections 1 and 2 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3; or


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

ê2001 Statutes of Nevada, Page 2856 (Chapter 569, AB 671)ê

 

used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3; or

    2.  May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 1 and 2 of this act to carry out an alternative program for reducing the ratio of pupils per teacher or to carry out programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 1998-1999 school year. The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial programs in improving pupil achievement.

    Sec. 4.  1.  The money appropriated for class-size reduction pursuant to sections 1 and 2 of this act:

    (a) May be applied first to pupils considered most at risk of failure.

    (b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

    (c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

    2.  The money appropriated for class-size reduction pursuant to sections 1 and 2 of this act must not be distributed to a school district unless that school district has:

    (a) Filed with the Department of Education a plan for achieving the required ratio set forth in NRS 388.700; and

    (b) Demonstrated that, from resources of the school district other than allocations received from the state distributive school account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.

    Sec. 5.  1.  The Elko County School District is hereby authorized to use the money appropriated by sections 1 and 2 of this act to continue in school years 2001-2002 and 2002-2003 the demonstration project carried out by the school district pursuant to section 9 of chapter 543, Statutes of Nevada 1999, at page 2841. The Elko County School District may expand the demonstration project to include grade 6.

    2.  If the Elko County School District continues the demonstration project, the school district shall:

    (a) Be deemed in compliance with the pupil-teacher ratios set forth in NRS 388.700 for the 2001-2002 school year and the 2002-2003 school year;

    (b) Evaluate the effectiveness of the demonstration project in improving pupil achievement; and

    (c) Report its findings in an interim report to the Legislative Committee on Education on or before February 15, 2002.

    3.  On or before February 1, 2003, the Elko County School District shall submit a written report of the results of the evaluation to the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 19, 2003, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written evaluation, including any recommendation for legislation, to the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature.


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

ê2001 Statutes of Nevada, Page 2857 (Chapter 569, AB 671)ê

 

any recommendation for legislation, to the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature.

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

    2.  Section 2 of this act becomes effective on July 1, 2002.

________

 

CHAPTER 570, AB 672

Assembly Bill No. 672–Committee on Ways and Means

 

CHAPTER 570

 

AN ACT relating to making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003; providing for the use of the money so appropriated; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  The following sums are hereby appropriated from the State General Fund for the purposes expressed in sections 2 to 29, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003.

 

                                                                                                                    2001-2002                    2002-2003

    Sec. 2.  The Office and Mansion of the Governor.

         For the support of the:

             Office of the Governor                                                          $2,406,190    $2,359,965

             Governor’s Mansion                                                                  $269,533    $336,415

             Governor’s Office of Consumer Health Assistance            $306,354    $310,249

             High Level Nuclear Waste Project Office                              $886,113    $881,285

    Sec. 3.  The Office of Lieutenant Governor.

         For the support of the Office of the Lieutenant Governor     $434,686    $454,173

    Sec. 4.  The Office of Attorney General.

         For the support of the:

             Attorney General Administration Account                        $9,767,901    $9,485,575

             Special Litigation Account                                                       $102,401    $102,411

             Medicaid Fraud Control Unit                                                       $1,000    $1,000

             Crime Prevention Program                                                       $254,159    $257,461

             Office of the Extradition Coordinator                                   $543,738    $538,745

             Bureau of Consumer Protection                                          $1,047,269    $1,050,388


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

ê2001 Statutes of Nevada, Page 2858 (Chapter 570, AB 672)ê

 

             Advisory Council for Prosecuting Attorneys                              $100   $100

    Sec. 5.  The Office of Secretary of State.

         For the support of the:

             Office of the Secretary of State                                         $4,675,750    $4,984,395

    Sec. 6.  The Office of State Treasurer.

         For the support of the:

             Office of the State Treasurer                                              $1,039,321    $1,044,439

             Higher Education Tuition Administration                           $731,610    $771,066

    Sec. 7.  The Office of State Controller.

         For the support of the Office of the State Controller         $3,424,129    $3,539,784

    Sec. 8.  Department of Administration.

         For the support of the:

             Budget and planning                                                           $2,503,580    $2,636,741

             Division of Internal Audit                                                   $1,779,389    $1,907,435

             Clear Creek Youth Center                                                        $87,897    $93,963

             State Public Works Board                                                      $843,315    $855,207

             Merit Award Board                                                                      $5,000 $5,000

    Sec. 9.  Department of Taxation.

         For the support of the:

             Department of Taxation                                                  $13,402,790    $14,577,170

    Sec. 10.  Legislative Fund.

         For the support of the:

             Legislative Commission                                                         $705,077    $393,843

             Audit Division                                                                       $2,534,270    $2,606,878

             Administrative Division                                                       $5,779,502    $5,808,426

             Legal Division                                                                       $4,083,512    $4,668,489

             Research Division                                                                 $2,466,599    $2,428,172

             Fiscal Analysis Division                                                       $2,081,681    $2,109,946

             Interim legislative operations                                                $396,887    $404,666

    Sec. 11.  Supreme Court of Nevada.

         For the support of the:

             Supreme Court of Nevada                                                 $3,795,966    $3,735,202

             Law Library                                                                           $1,229,472    $1,243,404

             Commission on Judicial Selection                                             $4,838 $4,838

             Division of Planning and Analysis                                        $393,570    $377,613

    Sec. 12.  Commission on Judicial Discipline.

         For the support of the Commission on Judicial Discipline   $410,393    $421,271

    Sec. 13.  District Judges’ Salaries and Judicial Pensions.

         For the support of the District Judges’ salaries and pensions of Justices, Judges and widows                                                                            $8,772,478    $9,646,665

    Sec. 14.  Commission on Economic Development.

         For the support of:

             Economic development                                                      $3,384,276    $3,363,593

             Rural community development                                            $138,101    $141,700


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

ê2001 Statutes of Nevada, Page 2859 (Chapter 570, AB 672)ê

 

             Small business and procurement outreach program         $173,838    $177,395

    Sec. 15.  Department of Education.

         For the support of:

             Education, state programs                                                  $2,262,338    $2,253,937

             Occupational education                                                         $326,321    $331,949

             Teacher education and licensing                                                  $100 $100

             Nutrition education programs                                               $230,355    $234,909

             Continuing education                                                             $458,513    $459,602

             Individuals with Disabilities Education Act                        $342,939    $342,961

             Proficiency testing                                                                $4,562,392    $3,538,776

             Other state education programs                                        $3,426,440    $2,911,491

             Education support services                                                    $959,856    $985,348

             Commission on Postsecondary Education                         $228,067    $231,319

    Sec. 16.  University and Community College System of Nevada.

         For the support of:

             System administration                                                        $2,848,032    $2,918,711

             University Press                                                                        $652,850    $662,519

             Statewide programs—UNR                                                $5,538,688    $6,031,208

             Intercollegiate athletics—UNR                                          $2,061,210    $2,103,047

             Statewide programs—UNLV                                                 $804,823    $820,584

             Intercollegiate athletics—UNLV                                       $2,080,833    $2,125,466

             Agricultural Experiment Station                                        $6,007,824    $6,153,857

             Cooperative Extension Services                                        $5,661,832    $5,828,967

             System computing center                                                 $14,324,070    $15,153,589

             UNLV, William S. Boyd School of Law                           $4,749,735    $4,986,789

             Desert Research Institute                                                    $3,946,659    $3,956,975

             National Direct Student Loan                                                  $49,504    $49,504

             University of Nevada, Reno                                            $82,187,718    $82,878,049

             University of Nevada, School of Medicine                   $16,931,360    $17,248,680

             Bureau of Laboratory and Research                               $1,333,519    $1,362,922

             University of Nevada, Las Vegas                                   $87,690,495    $88,028,986

             Community College of Southern Nevada                     $46,870,825    $48,547,191

             Western Nevada Community College                           $12,560,574    $12,678,786

             Truckee Meadows Community College                        $22,090,102    $22,333,004

             Great Basin College                                                             $9,058,140    $9,306,132

             Business Center, North                                                        $1,793,429    $1,829,949

             Business Center, South                                                        $1,501,056    $1,533,717

             Nevada State College at Henderson                                                 $0    $3,747,531

             University system—special projects                                 $1,172,430    $1,170,393


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

ê2001 Statutes of Nevada, Page 2860 (Chapter 570, AB 672)ê

 

    Sec. 17.  Western Interstate Commission for Higher Education.

             For the administrative support of Nevada’s membership in the Western Interstate Commission for Higher Education                                         $290,341    $290,120

             For the support of the Western Interstate Commission for Higher Education Loan Fund                                                                                  $358,754    $731,104

    Sec. 18.  Department of Cultural Affairs.

         For the support of the:

             Cultural Affairs administration                                                    $395,915    $412,917

             Museums and history                                                                     $263,605    $266,588

             Nevada Historical Society, Reno                                                 $563,448    $584,142

             Nevada State Museum, Carson City                                           $160,043    $143,183

             Nevada Museum and Historical Society, Las Vegas               $857,199    $877,122

             Lost City Museum                                                                          $279,153    $288,012

             State Railroad Museums                                                               $164,518    $177,839

             State Arts Council                                                                        $1,426,559    $1,439,917

             Nevada State Library                                                                  $3,096,997    $3,121,670

             Nevada State Library—Literacy                                                  $121,372    $123,715

             Archives and records                                                                      $547,236    $560,075

             Office of Historic Preservation                                                     $273,189    $277,399

             Comstock Historic District                                                               $90,752    $94,472

    Sec. 19.  Department of Human Resources.

         For the support of the:

             Department of Human Resources administration                    $773,191    $791,198

             Family to Family Connection                                                    $1,431,856    $1,490,953

             Family Resource Centers                                                            $1,450,841    $1,453,163

             Indian Affairs Commission                                                           $115,391    $119,931

             Office of the State Public Defender                                          $1,000,395    $993,292

             Division of Health Care Financing and Policy:

                  Nevada Medicaid                                                               $241,744,350    $271,327,819

                  Health Care Financing and Policy                                           $303,448    $313,472

                  Nevada Check Up Program                                                $10,042,447    $10,966,434

             Aging Services Division:

                  Aging Services Division                                                          $2,655,245    $2,711,870

                  Senior Services Program                                                         $1,056,412    $1,083,840

                  Senior citizens’ property tax assistance                              $3,957,809    $4,332,475

                  EPS/Homemaker programs                                                        $12,819    $13,303

             Division of Child and Family Services:

                  Juvenile justice programs                                                          $729,490    $729,490

                  UNITY/SACWIS                                                                     $2,811,766    $2,461,850

                  Children and family administration                                    $7,412,747    $7,832,320


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

ê2001 Statutes of Nevada, Page 2861 (Chapter 570, AB 672)ê

 

                  Child Care Services                                                                    $474,965    $499,502

                  Nevada Youth Training Center                                            $5,588,288    $5,693,123

                  Caliente Youth Center                                                            $4,196,093    $4,223,872

                  Youth community services                                                 $24,790,554    $26,049,363

                  Youth alternative placement                                                    $839,716    $1,071,670

                  Youth parole services                                                             $4,277,539    $4,340,504

                  Northern Nevada child and adolescent services                $1,969,804    $2,071,338

                  Southern Nevada child and adolescent services               $5,755,767    $6,168,688

                  Juvenile correctional facility                                                 $5,057,268    $5,118,691

             Health Division:

                  Office of health administration                                               $469,090    $468,366

                  Alcohol and drug rehabilitation                                            $3,075,984    $3,072,480

                  Vital statistics                                                                              $437,952    $441,141

                  Maternal child health services                                              $1,278,551    $1,228,137

                  Special Children’s Clinic                                                        $4,295,787    $4,327,267

                  Community health services                                                      $207,865    $254,032

                  Consumer protection                                                              $1,085,482    $1,124,791

                  Radiological health                                                                    $208,953    $221,676

                  Sexually transmitted disease control                                   $1,569,392    $1,576,915

                  Communicable disease control                                                $800,940    $803,268

                  Emergency medical services                                                     $676,259    $691,936

                  Immunization program                                                          $1,118,884    $1,061,104

                  Health aid to counties                                                            $1,316,655    $1,357,815

             Division of Mental Health and Developmental Services:

                  Division administration                                                          $2,031,897    $2,055,879

                  Mental health information system                                          $360,782    $337,512

                  Southern Nevada adult mental health services               $29,623,669    $31,731,184

                  Northern Nevada adult mental health services               $14,996,959    $15,465,465

                  Lakes Crossing center                                                             $4,865,197    $4,984,420

                  Rural clinics                                                                              $4,614,690    $4,955,160

                  Desert regional center                                                           $18,597,818    $20,459,820

                  Sierra regional center                                                            $10,333,495    $10,700,883

                  Rural regional center                                                               $2,991,299    $3,400,953

                  Family preservation program                                                   $617,626    $617,626

             Welfare Division:

                  Welfare administration                                                          $6,467,025    $6,609,825

                  Welfare field services                                                           $10,210,319    $10,511,709

                  Assistance to aged and blind                                                 $5,948,653    $6,170,992

                  Temporary Assistance for Needy Families                      $24,607,122    $24,607,122

                  Employment and training                                                      $9,301,526    $9,313,094

    Sec. 20.  Office of the Military.

         For the support of the:

             Nevada National Guard                                                             $1,945,864    $2,028,949

             National Guard benefits                                                                   $95,441    $95,441


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

ê2001 Statutes of Nevada, Page 2862 (Chapter 570, AB 672)ê

 

    Sec. 21.  Office of Veterans’ Services.

         For the support of the:

             Executive Director for veterans’ services                                    $886,405    $857,853

             Southern Nevada Veterans’ Home                                          $3,958,025    $3,470,619

    Sec. 22.  Department of Prisons.

         For the support of the:

             Office of the Director                                                                $10,563,455    $10,478,742

             Medical care                                                                               $29,491,221    $30,110,254

             Southern Nevada Correctional Center                                        $440,167    $452,521

             Southern Desert Correctional Center                                     $14,914,287    $14,914,841

             Nevada State Prison                                                                  $12,571,613    $13,152,553

             Northern Nevada Correctional Center                                   $13,876,578    $14,303,757

             Warm Springs Correctional Center                                           $6,459,101    $6,703,921

             Ely Maximum Security Prison                                                $19,756,228    $20,366,691

             Lovelock Correctional Center                                                $16,140,404    $17,009,361

             Southern Nevada Women’s Private Prison                           $10,727,572    $11,501,047

             Stewart Conservation Camp                                                     $1,136,683    $1,169,346

             Ely Conservation Camp                                                                $929,239    $935,773

             Humboldt Conservation Camp                                                    $928,019    $945,117

             Indian Springs Conservation Camp                                         $1,126,522    $1,123,281

             Jean Conservation Camp                                                           $1,153,650    $1,199,141

             Pioche Conservation Camp                                                       $1,162,191    $1,181,164

             Carlin Conservation Camp                                                           $942,092    $958,722

             Wells Conservation Camp                                                             $900,837    $911,325

             Silver Springs Conservation Camp                                              $907,489    $932,266

             Tonopah Conservation Camp                                                      $873,501    $897,394

             Northern Nevada Restitution Center                                           $287,274    $302,529

             High Desert State Prison                                                           $20,827,849    $22,117,486

    Sec. 23.  Department of Business and Industry.

         For the support of the:

             Business and Industry administration                                         $186,906    $193,808

             Committee to Hire the Handicapped                                          $238,211    $242,710

             Division of Financial Institutions                                              $2,052,217    $1,980,329

             Consumer Affairs Division                                                         $1,204,197    $1,221,080

             Real Estate Administration                                                        $1,166,681    $1,180,631

             Division of Insurance                                                                  $2,553,221    $2,641,228

             Employee-Management Relations Board                                  $145,241    $145,117

             Office of Labor Commissioner                                                 $1,134,331    $1,158,097

             Nevada Athletic Commission                                                       $309,803    $312,580

    Sec. 24.  State Department of Agriculture.

             For the support of the:

             Agriculture administration                                                             $332,124    $333,550

             Plant industry program                                                               $1,221,624    $1,274,447

             Veterinary medical services                                                           $733,475    $739,672

             Weights and measures program                                                   $311,568    $272,022


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

ê2001 Statutes of Nevada, Page 2863 (Chapter 570, AB 672)ê

 

             Junior Livestock Show Board                                                         $36,850    $36,937

             Predatory Animal and Rodent Committee                                $610,093    $614,777

    Sec. 25.  State Department of Conservation and Natural Resources.

         For the support of the:

             Conservation Natural Resources administration                   $1,508,007    $1,551,244

             Division of State Parks                                                                $3,378,312    $3,423,917

             Nevada Tahoe regional planning                                                         $473    $473

             Nevada natural heritage                                                                   $60,840    $73,418

             Division of Forestry                                                                     $2,746,135    $2,803,399

             Forest fire suppression/emergency response                           $1,000,000    $1,000,000

             Forestry honor camps                                                                 $4,647,620    $4,745,457

             Tahoe Regional Planning Agency                                             $1,514,932    $1,513,393

             Water and mining                                                                            $366,372    $368,221

             Division of Water Resources                                                      $3,984,994    $4,037,131

             Division of State Lands                                                              $1,064,072    $1,081,575

             Division of Conservation Districts                                                $313,498    $318,620

             Division of Wildlife                                                                         $697,396    $699,071

    Sec. 26.  Department of Employment, Training and Rehabilitation.

         For the support of:

             Nevada Equal Rights Commission                                              $858,999    $888,303

             Bureau of Vocational Rehabilitation                                       $2,533,209    $2,670,268

             Bureau of Services to the Blind and Visually Impaired           $948,165    $978,208

             Community based services                                                        $2,195,091    $2,241,937

             Developmental disabilities                                                             $119,455    $120,271

             Welfare to work                                                                               $226,720    $0

    Sec. 27.  Department of Motor Vehicles.

         For the support of the:

             Field services                                                                                       $15,031    $15,031

    Sec. 28.  Department of Public Safety.

         For the support of the:

             Training Division                                                                                $64,920    $37,480

             DMV justice grant                                                                             $80,097    $81,014

             Highway Patrol (dignitary protection)                                           $36,388    $36,388

             Dignitary protection                                                                        $604,663    $597,011

             Investigation Division                                                                 $5,404,975    $5,309,855

             Division of Emergency Management                                          $518,573    $530,450

             Hazardous Materials Training Center                                              $1,000    $1,000

             Parole Board                                                                                 $1,115,374    $1,102,652

             Division of Parole and Probation                                            $26,990,517    $27,860,466

             Drug Commission                                                                              $56,786    $53,931

    Sec. 29.  Commission on Ethics.

         For the support of the Commission on Ethics                                $319,134    $318,895


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

ê2001 Statutes of Nevada, Page 2864 (Chapter 570, AB 672)ê

 

    Sec. 30.  The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for the fiscal years beginning July 1, 2001, and ending June 30, 2002, and beginning July 1, 2002, and ending June 30, 2003:

         Department of Taxation                                                                   $429,048 $0

         Department of Motor Vehicles:

             Director’s Office                                                                             $931,744    $1,047,136

             Administrative Services                                                             $4,417,185    $4,175,885

             Hearings Office                                                                               $778,118    $796,348

             Automation                                                                                  $7,227,622    $7,431,342

             Field services                                                                              $13,801,701    $14,169,919

             Compliance enforcement                                                          $1,390,303    $1,335,615

             Central services                                                                           $7,809,000    $7,825,797

             Management services                                                                $4,901,587    $5,027,359

             Motor carrier                                                                                $2,190,514    $2,183,931

         Department of Public Safety:

             Training Division                                                                         $1,116,897    $893,704

             Highway Patrol                                                                         $48,055,314    $47,619,466

             Highway safety plan & administration                                      $176,318    $148,515

             Division of Investigations                                                             $219,591    $222,018

             Emergency Response Commission                                             $195,213    $202,410

             Transportation Services Authority                                           $1,789,043    $1,806,299

    Sec. 31.  1.  Except as otherwise provided in subsection 3, the sums appropriated in this act must be:

    (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

    (b) Work programmed for the 2 separate fiscal years, 2001-2002 and 2002-2003, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Department of Administration and in accordance with the provisions of the State Budget Act.

    2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

    3.  Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada and the Legislative Fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

    Sec. 32.  The sums appropriated to:

    1.  Senior citizens’ property tax assistance;

    2.  Individuals with Disabilities Education Act (IDEA);

    3.  Forest fire suppression/emergency response;

    4.  National Guard benefits;

    5.  Communicable disease control;

    6.  Maternal child health services;

    7.  Immunization program;

    8.  Welfare administration;

    9.  Welfare field services;

    10.  Temporary assistance for needy families (TANF);


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

ê2001 Statutes of Nevada, Page 2865 (Chapter 570, AB 672)ê

 

    11.  Assistance to aged and blind;

    12.  Welfare to work;

    13.  Employment and training;

    14.  Nevada Medicaid;

    15.  Division of Health Care Financing and Policy;

    16.  Nevada Check Up program;

    17.  Youth community services;

    18.  Pensions of justices, judges and widows;

    19.  Attorney General’s special litigation account;

    20.  Attorney General’s Medicaid Fraud Control Unit;

    21.  Attorney General’s extradition coordinator;

    22.  Commission on Ethics; and

    23.  Veterans’ Home Account,

are available for both fiscal years 2001-2002 and 2002-2003, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. The money appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 2001-2002 and 2002-2003, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee.

    Sec. 33.  Of the amounts appropriated by sections 2 though 29 of this act, amounts appropriated in fiscal year 2001-2002 to finance an information technology project in excess of $50,000 are available for both fiscal years 2001-2002 and 2002-2003 and may be transferred within the same budget account from one year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount transferred must be used to complete the information technology project as approved by the Legislature.

    Sec. 34.  Amounts appropriated pursuant to section 14 and 15 of this act to finance specific programs as outlined in this section are available for both fiscal years 2001-2002 and 2002-2003 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:

    1.  Of the amounts appropriated to the Commission on Economic Development pursuant to section 14 of this act, a total of $500,000 in both fiscal year 2001-2002 and fiscal year 2002-2003 to support the Train Employees Now Program.

    2.  Of the amount appropriated to the Department of Education, other state education programs, pursuant to section 15 of this act:

    (a) A total of $50,000 in fiscal year 2001-2002 for Peer Mediation Programs; and

    (b) A total of $150,000 in both fiscal year 2001-2002 and fiscal year 2002-2003 for successful completion of the National Teacher Certification Program,

may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.

    Sec. 35.  1.  The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the various divisions of the Legislative Counsel Bureau and interim legislative operations are available for both fiscal years 2001-2002 and 2002-2003, and may be transferred among the Legislative Commission, the various divisions of the Legislative Counsel Bureau and the interim legislative operations and from one fiscal year to another with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.


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

ê2001 Statutes of Nevada, Page 2866 (Chapter 570, AB 672)ê

 

from one fiscal year to another with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.

    2.  Any unexpended balance of the sum appropriated to the Legal Division of the Legislative Counsel Bureau for fiscal year 2000-2001 pursuant to section 10 of chapter 571, Statutes of Nevada 1999, must be carried forward to fiscal year 2001-2002.

    3.  The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.

    Sec. 36.  The total amounts appropriated in section 19 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Welfare Division enumerated in section 32 of this act, except for the amounts appropriated for the assistance to the aged and blind program, the welfare administration account, welfare field services account and, except as otherwise provided in this section, are limits. The divisions shall not request additional money for these programs, except for:

    1.  Increased state costs in fiscal year 2001-2002 in the event that federal financial participation rates are reduced from those in effect on October 1, 2001;

    2.  Increased state costs in fiscal year 2002-2003 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2002; or

    3.  Costs related to additional services mandated by the Federal Government on or after October 1, 2001, and not specifically funded in the Nevada Medicaid account in fiscal years 2001-2002 and 2002-2003.

    Sec. 37.  The sums appropriated to the Welfare Division by section 19 of this act may be transferred among the various budget accounts of the Welfare Division with the approval of the Interim Finance Committee upon the recommendation of the Governor.

    Sec. 38.  The sums appropriated to Nevada Medicaid and the Nevada Check Up program by section 19 of this act may be transferred between each budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.

    Sec. 39.  The Division of Health Care Financing and Policy shall work with the University and Community College System of Nevada, where possible and allowable, to incorporate dental services available through the University and Community College System of Nevada into Medicaid and Nevada Check Up health service delivery plans.

    Sec. 40.  The sums appropriated to the Department of Prisons by section 22 of this act may be transferred among the various budget accounts of the Department of Prisons in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

    Sec. 41.  Of the amounts appropriated to the Department of Public Safety by sections 28 and 30 of this act, amounts appropriated to the various budget accounts enumerated in those sections for the support of payment to the Public Safety Information Services Section may be transferred among the various budgets of the Department of Public Safety as enumerated in sections 28 and 30 of this act for the support of payment to the Public Safety Information Services Section with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred between accounts is limited to the total amount appropriated in the accounts for the support of payment to the Public Safety Information Services Section.


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

ê2001 Statutes of Nevada, Page 2867 (Chapter 570, AB 672)ê

 

the accounts for the support of payment to the Public Safety Information Services Section.

    Sec. 42.  1.  The sums appropriated to the Department of Motor Vehicles by sections 27 and 30 of this act may be transferred among the various budgets within the Department of Motor Vehicles as necessary to implement any modifications to the organizational structure of that department pursuant to the provisions of Senate Bill No. 481 of this session, upon the recommendation of the Governor and approval of the Interim Finance Committee. Any such modifications to the organizational structure of the Department of Motor Vehicles must be based on a plan submitted by the Department and recommended by the Governor not later than January 1, 2002.

    2.  The sums appropriated to the Department of Public Safety by sections 28 and 30 of this act may be transferred among the various budgets within the Department of Public Safety as necessary to implement any modifications to the organizational structure of that Department pursuant to the provisions of Senate Bill No. 481 of this session, upon the recommendation of the Governor and approval of the Interim Finance Committee. Any such modifications to the organizational structure of the Department of Public Safety must be based on a plan submitted by the Department and recommended by the Governor not later than January 1, 2002.

    Sec. 43.  The sums appropriated to any division, agency or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and costs related to positions that were not budgeted for merit salary increases. Such transfers are also limited only to those activities which are supported by State General Fund or State Highway Fund appropriations.

    Sec. 44.  In addition to the requirements of NRS 353.225, for the fiscal years 2001-2002 and 2002-2003, the Board of Regents of the University and Community College System of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.

    Sec. 45.  1.  There is hereby appropriated $64,888 from the state general fund to the Public Employees’ Retirement Board to be expended for the administration of the Legislators’ Retirement System for the period July 1, 2001, through June 30, 2003.

    2.  There is hereby appropriated $20,798 from the state general fund to the Public Employees’ Retirement Board to be expended for actuarial services provided for activities related to the judicial retirement system.

    Sec. 46.  1.  The Legislative Auditor shall conduct a preliminary performance audit survey of Clark and Washoe County School Districts. The purpose of the survey must be to identify potential audit issues in each district. The results of the survey must be presented to the 72nd session of the Legislature for its consideration and selection for subsequent performance audits.


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

ê2001 Statutes of Nevada, Page 2868 (Chapter 570, AB 672)ê

 

    2.  The provisions of subsection 2 of NRS 218.775 and subsection 1 of NRS 218.780 apply to Clark and Washoe County School Districts for the purpose of the preliminary performance audit survey.

    3.  There is hereby appropriated from the State General Fund to the Legislative Fund a total of $77,716 in fiscal year 2001-02 and $77,174 in fiscal year 2002-03 to carry out the provisions of this section.

    Sec. 47.  1.  Except as otherwise provided in section 60 of this act, unencumbered balances of the appropriations made in this act for the fiscal years 2001-2002 and 2002-2003 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.

    2.  Any encumbered balance of the appropriations made to the Legislative Fund by section 10 of this act does not revert to the State General Fund but constitutes a balance carried forward.

    Sec. 48.  If any claims which are payable and properly approved exceed the amount available in the Department of Prisons’ warehouse account, the State Controller may temporarily transfer, upon the recommendation of the Director of the Department of Administration, from the appropriations made in section 22 of this act for the Department of Prisons, such amount as may be required to pay the claims, but not exceeding a total of $4,000,000.

    Sec. 49.  The State Controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Department of Administration from the prior fiscal period until the third Friday in September immediately following the end of the fiscal year.

    Sec. 50.  The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.

    Sec. 51.  The State Controller shall pay the annual salaries of Supreme Court Justices, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.

    Sec. 52.  There is hereby appropriated from the State General Fund to the Legislative Fund, created pursuant to NRS 218.085, the sum of $1,700,000.

    Sec. 53.  1.  If the Attorney General determines that delays in the receipt of recovery revenue for the Medicaid Fraud Control Unit will result in insufficient revenues to pay authorized expenditures, he may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support the operations of the unit.


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

ê2001 Statutes of Nevada, Page 2869 (Chapter 570, AB 672)ê

 

    2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.

    3.  An advance from the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to the total estimated amounts due from outstanding billings for recoveries and must not exceed the total authorized recoveries in the appropriate fiscal year.

    4.  Any money which is temporarily advanced from the State General Fund to the Medicaid Fraud Control Unit pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

    Sec. 54.  1.  If the Executive Director for Veterans’ Services determines that delays in the receipt of federal reimbursement for services provided by the Veterans’ Home in Southern Nevada will result in insufficient revenues to pay authorized expenditures, he may submit a request for a temporary advance from the State General Fund to the Director of the Department of Administration to pay authorized expenditures to support operational costs of the Veterans’ Home.

    2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.

    3.  An advance for the State General Fund approved by the Director of the Department of Administration as authorized pursuant to this section is limited to the total estimated reimbursement due from the Federal Government for operational costs incurred by the Veterans’ Home in Southern Nevada.

    4.  Any money which is temporarily advanced from the State General Fund to the Veterans’ Home in Southern Nevada pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

    Sec. 55.  1.  If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he may request from the Director of the Department of Administration a temporary advance from the State General Fund to pay authorized expenses.

    2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of such a notification.

    3.  An advance from the State General Fund:

    (a) May be approved by the Director of the Department of Administration only for expenses incurred in the suppression of fires or response to emergencies charged to the budget account for forest fire suppression/emergency response of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.


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

ê2001 Statutes of Nevada, Page 2870 (Chapter 570, AB 672)ê

 

sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.

    (b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the state by agencies of the Federal Government, local governments, and other state governments.

    4.  Any money which is temporarily advanced from the State General Fund to the budget account for forest fire suppression/emergency response pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.

    Sec. 56.  1.  If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency as described in NRS 353.263 and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Department of Administration a temporary advance from the State General Fund for the payment of authorized expenses.

    2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.

    3.  An advance from the State General Fund:

    (a) Must be approved by the Director of the Department of Administration for expenses incurred as a result of activation of the Nevada National Guard.

    (b) Is limited to $25,000 per activation as described in subsection 1.

    4.  Any money which is temporarily advanced from the State General Fund to an account pursuant to subsection 3 must be repaid as soon as possible, and must come from the emergency account established under NRS 353.263.

    Sec. 57.  1.  If the Director of the Department of Prisons determines that delays in the receipt of revenue for services billed to the Federal Government for housing illegal aliens will result in insufficient revenues to pay authorized expenditures of the Department of Prisons, he may request from the Director of the Department of Administration a temporary advance from the State General Fund to pay authorized expenses.

    2.  The Director of the Department of Administration shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau if he approves a request made pursuant to subsection 1. The State Controller shall draw his warrant upon receipt of such a notification.

    3.  An advance from the State General Fund:

    (a) May be approved by the Director of the Department of Administration;

    (b) Is limited to the total due from outstanding billings to the Federal Government for costs related to the housing of illegal aliens; and

    (c) Must not exceed $400,000 per fiscal year.

    4.  Any money which is temporarily advanced from the State General Fund to the Department of Prisons pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year.


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

ê2001 Statutes of Nevada, Page 2871 (Chapter 570, AB 672)ê

 

    Sec. 58.  1.  If projections of the ending balance of the State General Fund fall below the amount estimated by the 2001 Legislature for fiscal year 2001-2002 or 2002-2003, the Director of the Department of Administration shall report this information to the State Board of Examiners.

    2.  If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $50,000,000 for fiscal year 2001-2002 or 2002-2003, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.

    3.  A reserve must not be set aside pursuant to this section unless:

    (a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature, or if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and

    (b) The Legislature or the Interim Finance Committee approves the setting aside of the reserve.

    Sec. 59.  If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.

    Sec. 60.  1.  Of the sums appropriated to the State Arts Council by section 18 of this act, the following amounts must be used to support the Challenge Grant Program:

For the fiscal year 2001-2002................................................................... $105,246

For the fiscal year 2002-2003................................................................... $105,246

    2.  Any amounts provided to support the Challenge Grant Program as provided by this section which are not committed for expenditure by June 30 of each fiscal year may be carried forward for a maximum of 2 fiscal years after which time any unexpended amounts revert to the State General Fund. If a challenge grant project is completed in less than 3 fiscal years, any unexpended money must not be reallocated and reverts to the State General Fund at the close of the fiscal year.

    3.  All money appropriated by section 18 of this act other than the sums designated in subsection 1 to support the Challenge Grant Program is subject to the provisions of section 47 of this act.

    Sec. 61.  1.  This section and section 52 of this act become effective upon passage and approval.

    2.  Sections 1 to 51, inclusive, and 53 to 60, inclusive, of this act become effective on July 1, 2001.

________

 


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

ê2001 Statutes of Nevada, Page 2872ê

 

CHAPTER 571, AB 673

Assembly Bill No. 673–Committee on Ways and Means

 

CHAPTER 571

 

AN ACT relating to state employees; establishing the maximum allowed salaries for certain employees in the classified service and employees in the unclassified service of the state; making appropriations from the state general fund and the state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

 

                                                                                                                                                      Approximate Annual

Title or Position                                                                                                                                       Salary

    1.  Governor’s Office of Consumer Health Assistance:

         Chief Ombudsman for Consumer Health Assistance                                                       $103,301

         Deputy Chief Ombudsman                                                                                                         76,300

         Ombudsman for Consumer Health Assistance (each)                                                           65,400

    2.  Office of the Lieutenant Governor:

         Chief of Staff                                                                                                                              $52,678

         Assistant to the Lieutenant Governor (each)                                                                           46,952

         Executive Secretary                                                                                                                      34,369

         Administrative Secretary (each)                                                                                                 31,774

    3.  Office of the Secretary of State:

         Chief Deputy                                                                                                                               $82,839

         Deputy Commercial Recordings                                                                                                73,289

         Deputy Secretary of State, Securities                                                                                        73,289

         Deputy Secretary of State, Elections                                                                                         73,289

         Deputy                                                                                                                                             73,289

         Executive Assistant                                                                                                                       42,298

    4.  Office of the State Treasurer:

         Chief Deputy State Treasurer                                                                                                   $82,839

         Assistant Treasurer                                                                                                                        75,307

         Deputy State Treasurer, Operations                                                                                           75,307

         Deputy State Treasurer, Investments                                                                                        75,307

         Deputy State Treasurer, Cash Management                                                                            75,307

         Executive Director, Millennium Scholarship                                                                            75,307

         Administrative Assistant                                                                                                              46,263

         Administrator, Unclaimed Property                                                                                           75,307

    5.  Office of Controller:

         Chief Deputy Controller                                                                                                            $82,839

         Assistant Controller                                                                                                                       62,983

         Executive Assistant                                                                                                                       38,168


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

ê2001 Statutes of Nevada, Page 2873 (Chapter 571, AB 673)ê

 

    6.  Office of the Attorney General:

    (a) Attorney General’s Office:

         Assistant Attorney General                                                                                                     $103,964

             Attorney General Counsel for Prosecuting Attorneys, Executive Director                     74,596

         Solicitor General                                                                                                                            98,564

         Ombudsman for Victims of Domestic Violence                                                                     47,577

         Assistant Solicitor General                                                                                                           85,665

         Chief Deputy Attorney General—Las Vegas                                                                           98,564

         Chief Deputy Attorney General (each)                                                                                     94,054

         Children’s Advocate                                                                                                                     85,665

         Senior Deputy Attorney General (each)                                                                                    85,665

         Deputy Attorney General (each)                                                                                                74,596

         Chief, Medicaid Fraud Unit                                                                                                         89,754

         Chief Investigator                                                                                                                         58,283

         Senior Investigator (each)                                                                                                            52,005

         Investigator (each)                                                                                                                        49,330

         Administrative Assistant                                                                                                              46,263

         Chief Financial Officer                                                                                                                 64,730

         Legal Researcher (each)                                                                                                               33,584

         Legal Researcher                                                                                                                           39,969

         Senior Legal Researcher (each)                                                                                                  39,578

         Chief Deputy Attorney General Workers’ Comp Fraud                                                        94,054

         Executive Director, Technological Crimes                                                                                43,502

         Secretary to the Director, Technological Crimes                                                                     33,660

         Legal Researcher, Gaming (each)                                                                                              37,305

         Executive Secretary                                                                                                                      41,226

         Capital Case Coordinator                                                                                                            74,596

         Supervising Insurance Fraud Investigator                                                                                52,005

         Insurance Investigator (each)                                                                                                     49,330

         Chief Workers’ Compensation Fraud Investigator                                                                 59,438

         Deputy Chief Workers’ Compensation Fraud Investigator                                                  55,512

         Senior Workers’ Compensation Fraud Investigator (each)                                                   52,005

         Crime Prevention Coordinator                                                                                                    41,120

         Senior Economist                                                                                                                          85,665

         Regional Chief Deputy Attorney General (each)                                                                    98,564

         Supervising Senior Deputy Attorney General (each)                                                              89,165

    (b) Bureau of Consumer Protection:

         Senior Investigator (each)                                                                                                            52,005

         Senior Engineer                                                                                                                              76,501

         Economist (each)                                                                                                                          73,439

         Senior Legal Researcher                                                                                                               39,578

         Legal Researcher                                                                                                                           33,584

         Senior Regulatory Analyst (each)                                                                                              71,488

         Investigator (each)                                                                                                                        49,330

         Administrative Assistant                                                                                                              39,578

         Chief Deputy Attorney General (each)                                                                                     94,054

         Regulatory Manager                                                                                                                     76,567

         Program Specialist                                                                                                                         47,476


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

ê2001 Statutes of Nevada, Page 2874 (Chapter 571, AB 673)ê

 

         Technical Staff Manager                                                                                                             76,567

         Deputy Attorney General (each)                                                                                                74,596

         Engineer                                                                                                                                          68,978

         Senior Deputy Attorney General (each)                                                                                    85,665

    (c) Private Investigators Licensing Board:

         Executive Director                                                                                                                         53,574

         Investigator                                                                                                                                    49,330

    7.  Department of Administration:

         Director                                                                                                                                       $103,301

         Deputy Budget Administrator                                                                                                     88,463

         Executive Officer                                                                                                                          49,611

         Chief, Internal Audits                                                                                                                   90,389

         Manager, Internal Controls                                                                                                         76,567

         Chief Assistant Budget Administrator                                                                                       66,086

         Senior Appeals Officer                                                                                                                 94,054

         Appeals Officer, Hearings (each)                                                                                               85,665

         Hearing Officer (each)                                                                                                                  56,836

         Chief Assistant, Planning                                                                                                             68,331

         Director, Clear Creek                                                                                                                    46,073

         Administrator, Motor Pool                                                                                                           60,618

         Manager, State Public Works Board                                                                                         97,338

         Deputy Manager, State Public Works Board                                                                           79,015

         Deputy Manager, State Public Works Board                                                                           83,290

    8.  Department of Business and Industry:

         Director                                                                                                                                       $103,301

         Deputy Director                                                                                                                             58,668

         Commissioner of Financial Institutions                                                                                    77,403

         Deputy Commissioner, Financial Institutions (each)                                                             65,356

         Ombudsman, Real Estate                                                                                                            49,697

         Certified Public Accountant, Financial Institutions                                                                56,717

         Administrator, Manufactured Housing                                                                                     62,174

         Administrator, Real Estate                                                                                                          63,182

         Deputy Administrator, Real Estate                                                                                            52,225

         Chief, Consumer Services                                                                                                            87,922

         Commissioner, Consumer Affairs                                                                                              68,449

         Administrator, Housing                                                                                                                73,718

         Deputy Administrator, Housing                                                                                                  61,789

         Chief Assistant, Housing                                                                                                              47,379

         Chief Financial Officer, Housing                                                                                                68,219

         Commissioner, Insurance                                                                                                            89,326

         Deputy Commissioner, Insurance (each)                                                                                 63,128

         Lead Actuary, Insurance                                                                                                           105,621

         Taxicab Administrator                                                                                                                 71,822

         Chairman, Transportation Services Authority                                                                         95,709

         Chief Transportation Inspector                                                                                                  64,853

         Commissioner, Transportation Services Authority (each)                                                     89,742

         Financial Analyst                                                                                                                          68,425

         Manager, Transportation                                                                                                             72,186

         Deputy Commissioner                                                                                                                  74,136

         Administrative Attorney                                                                                                              51,025

         Administrator, Industrial Relations                                                                                            84,339


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

ê2001 Statutes of Nevada, Page 2875 (Chapter 571, AB 673)ê

 

         Assistant Administrator, Industrial Relations                                                                          74,554

         Attorney, Industrial Relations (each)                                                                                        74,596

         Senior Attorney, Industrial Relations                                                                                        85,665

         Assistant Administrator, Industrial Insurance Regulation                                                     72,186

         Assistant Administrator, Industrial Safety and Health Enforcement                                 67,864

         Assistant Administrator, Preventative Safety                                                                          67,864

         Assistant Administrator, Mine Inspection                                                                                63,808

         Attorney for Injured Workers                                                                                                     94,054

         Deputy Attorney for Injured Workers                                                                                       81,790

         Deputy Attorney for Injured Workers (each)                                                                           69,855

         Deputy Attorney for Injured Workers (each)                                                                           81,790

         Commissioner, Employee-Management Relations Board                                                    61,733

         Secretary, Employee-Management Relations Board                                                             36,689

         Executive Director, State Dairy Commission                                                                           68,660

         Labor Commissioner                                                                                                                    65,802

         Deputy Labor Commissioner                                                                                                      62,668

         Chief Assistant Labor Commissioner                                                                                        43,984

         Executive Director, Athletic Commission                                                                                 83,088

         Chairman, Committee on Employment of People with Disabilities                                    57,096

         Senior Deputy Attorney General                                                                                                85,665

         Deputy Administrator, Common Interest Communities                                                       52,225

    9.  State Department of Agriculture:

         Director, Agriculture                                                                                                                    $82,451

         Agriculture, Deputy Director                                                                                                        61,149

         Agriculture, Brand Inspection Administrator                                                                           56,150

         Agriculture, Veterinary Services Administrator                                                                        91,882

         Weights and Measures Administrator                                                                                       65,151

         Agriculture, Plant Industry Administrator                                                                                 74,887

    10.  Commission on Mineral Resources:

         Administrator, Minerals                                                                                                             $82,948

         Deputy Administrator, Minerals                                                                                                 66,359

         Program Assistant, Minerals                                                                                                        32,516

         Chief for Dangerous Mines                                                                                                         54,340

         Chief for (Mine) Regulation                                                                                                        54,340

         Field Specialist, Minerals (each)                                                                                                 48,773

    11.  State Department of Conservation and Natural Resources:

         Director                                                                                                                                       $103,301

         Assistant Director                                                                                                                          81,790

         Administrator, Environmental Protection                                                                              100,977

         State Engineer (Water Resources)                                                                                            100,977

         State Forester Firewarden                                                                                                            82,948

         Administrator, State Parks                                                                                                           84,401

         Administrator, State Lands                                                                                                         73,916

         District Supervisor, Water Commissioners, Water Resources                                               57,426

         Administrator, Wild Horse Commission                                                                                   46,543

         Administrator, Wildlife                                                                                                                 85,969


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

ê2001 Statutes of Nevada, Page 2876 (Chapter 571, AB 673)ê

 

    12.  Commission on Economic Development:

         Executive Director                                                                                                                      $91,243

         Deputy Director                                                                                                                             72,614

         Senior Associate, Industrial Development (each)                                                                   61,316

         Associate, Industrial Development (each)                                                                                53,930

         Grant Project Analyst (each)                                                                                                       46,823

         Director, Film                                                                                                                                  69,156

         Senior Associate, Film                                                                                                                  65,000

         Associate, Film (each)                                                                                                                  53,930

         Program Specialist (each)                                                                                                            47,476

    13.  Department of Education:

         Superintendent of Public Instruction                                                                                    $103,301

         Deputy Superintendent of Instruction, Research and Evaluative Services                        82,817

         Deputy Superintendent for Administrative and Fiscal Services                                           78,873

    14.  Department of Employment, Training and Rehabilitation:

         Director, Employment, Training and Rehabilitation                                                          $103,301

         Administrator, Rehabilitation Division                                                                                      79,120

         Chief Auditor                                                                                                                                 74,596

         Chief, Services to the Blind                                                                                                         68,144

         Chief, Vocational Rehabilitation                                                                                               68,144

         Administrator, Employment Security                                                                                        85,054

         Executive Director, Equal Rights Commission                                                                        68,005

    15.  State Gaming Control Board:

         Chairman, Gaming Control Board                                                                                        $115,416

         Member, Gaming Control Board (each)                                                                                 107,318

         Chief, Investigation                                                                                                                      85,349

         Chief, Enforcement                                                                                                                      85,349

         Chief, Audit                                                                                                                                    85,349

         Chief, Corporate Securities                                                                                                          85,349

         Chief, Tax and License                                                                                                                85,349

         Chief, Administration                                                                                                                   85,349

         Chief Deputy, Administration                                                                                                     77,590

         Executive Secretary, Gaming Control Board                                                                           77,590

         Manager, Electronics Lab                                                                                                            83,350

         Chief, Electronics                                                                                                                          91,168

         Senior Lab Engineer                                                                                                                      79,380

         Electronic Lab Engineer (each)                                                                                                   75,600

         Coordinator, Applicant Services                                                                                                 75,475

         Chief Deputy, Enforcement (each)                                                                                            77,590

         Information Service Manager                                                                                                    79,380

         Senior Network Specialist                                                                                                            68,094

         Network Specialist II                                                                                                                    62,751

         Network Specialist I                                                                                                                      56,829

         Data Management Analyst                                                                                                         67,153

         System Manager                                                                                                                           74,717

         Programming Manager                                                                                                                74,714

         Programming Supervisor (each)                                                                                                 70,376

         Chief Deputy, Audit (each)                                                                                                         77,590

         Chief Deputy, Investigations (each)                                                                                          77,590


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

ê2001 Statutes of Nevada, Page 2877 (Chapter 571, AB 673)ê

 

         Chief Deputy, Corporate Securities (each)                                                                               77,590

         Hearings Officer (each)                                                                                                                67,153

         Administrative Coordinator                                                                                                        67,153

         Personnel Officer                                                                                                                           67,153

         Financial Officer                                                                                                                            67,153

         Supervisor, Investigations (each)                                                                                               70,537

         Supervisor, Enforcement (each)                                                                                                 70,537

         Supervisor, Corporate Securities (each)                                                                                    70,537

         Supervisor, Audit (each)                                                                                                               70,537

         Supervisor, Tax and License (each)                                                                                           70,537

         Supervisor (each)                                                                                                                           70,537

         Management Analyst (each)                                                                                                      67,153

         District Office Manager (each)                                                                                                   75,475

         Senior Agent, Corporate Securities (each)                                                                                61,072

         Senior Agent, Investigation (each)                                                                                             61,072

         Training Officer                                                                                                                             67,153

         Senior Agent, Audit (each)                                                                                                           61,072

         Senior Agent, Tax and License (each)                                                                                       61,072

         Senior Research Specialist (each)                                                                                               74,714

         Senior Agent, Enforcement (each)                                                                                             61,072

         Agent, Corporate Securities (each)                                                                                             55,520

         Agent, Audit (each)                                                                                                                       55,520

         Agent, Investigations (each)                                                                                                        55,520

         Agent, Enforcement (each)                                                                                                         55,520

         Agent, Tax and License (each)                                                                                                   55,520

         Electronics Technician (each)                                                                                                     49,475

         Senior Program Analyst (each)                                                                                                   63,264

         Programmer Analyst (each)                                                                                                        59,764

         Computer Systems Technician                                                                                                   41,786

         Special Agent (each)                                                                                                                     64,125

    16.  Department of Human Resources:

         Director                                                                                                                                       $103,742

         Deputy Director                                                                                                                             82,839

         Administrator, Health Care Financing and Policy                                                                  92,895

         Deputy Administrator, Health Care Financing and Policy                                                    81,791

         Deputy Administrator, Medicaid                                                                                                81,791

         Administrator, Health                                                                                                                   85,053

         Chief, Alcohol and Drug Abuse                                                                                                  68,144

         Medical Program Coordinator, Mental Health Program                                                     158,833

         Medical Program Coordinator, Statewide Mental Health Services                                   170,628

         Administrator, Mental Health and Developmental Services                                              100,774

         Deputy Administrator, Mental Health and Developmental Services                                  85,373

         State Welfare Administrator                                                                                                       97,338

         Administrator, Child and Family Services                                                                                87,032

         Deputy Administrator, Child and Family Services (each)                                                     77,571

         Administrator, Aging Services                                                                                                     70,161


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

ê2001 Statutes of Nevada, Page 2878 (Chapter 571, AB 673)ê

 

         Deputy Administrator, Aging Services (Las Vegas)                                                               61,872

         Deputy Administrator, Aging Services (Carson City)                                                            61,872

         Chief, Elder Rights                                                                                                                       59,502

         Superintendent, Youth Training Center                                                                                   74,435

         Superintendent, Caliente Youth Center                                                                                   71,967

         Executive Director, Nevada Indian Commission                                                                   56,836

    17.  Department of Information Technology:

         Director                                                                                                                                      $103,301

         Chief, Systems and Programming                                                                                             85,911

         Chief, Facility Management                                                                                                      85,911

         Software Systems Executive                                                                                                      85,911

    18.  Office of the Military:

         Adjutant General                                                                                                                       $87,792

    19.  Department of Motor Vehicles:

         Director                                                                                                                                      $103,301

         Deputy Director, Motor Vehicles                                                                                               98,136

    20.  Department of Public Safety:

         Director                                                                                                                                      $103,301

         Deputy Director, Public Safety                                                                                                  98,136

         Chief Parole and Probation Officer                                                                                          93,868

         Chairman, Board of Parole Commissioners                                                                           86,522

         Parole Board Member (each)                                                                                                     68,709

         Secretary to Parole Board                                                                                                           49,817

         Chief, Emergency Management                                                                                               69,992

         State Fire Marshal                                                                                                                        78,727

    21.  Department of Cultural Affairs:

         Director                                                                                                                                        $86,776

         Administrator, Museums and History                                                                                      73,750

    22.  Department of Personnel:

         Director                                                                                                                                        $86,776

         Equal Employment Opportunity Officer                                                                                 59,668

    23.  Department of Prisons:

         Director                                                                                                                                      $103,301

         Medical Director                                                                                                                         160,322

         Mental Health Coordinator                                                                                                     158,833

    24.  Office of the State Public Defender:

         State Public Defender                                                                                                                $94,054

         Supervising Public Defender (office)                                                                                        85,665

         Supervising Public Defender (trial) (each)                                                                                81,790

         Supervising Public Defender (appeals) (each)                                                                         81,790

         Deputy Public Defender (each)                                                                                                  69,855

         Deputy Public Defender, Appellate (each)                                                                              69,855

         Investigator (each)                                                                                                                       49,330

    25.  Public Utilities Commission of Nevada:

         Chairman                                                                                                                                    $95,709

         Public Utilities Commissioner (each)                                                                                        89,742

         Senior Financial Analyst                                                                                                             68,425

         Financial Analyst (each)                                                                                                             68,425

         Staff Counsel                                                                                                                                89,754

         Assistant Staff Counsel (each)                                                                                                  85,665

         Senior Policy Advisor, Telecommunications                                                                           71,907

         Supervisor, Consumer Complaint Resolution                                                                         59,578


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

ê2001 Statutes of Nevada, Page 2879 (Chapter 571, AB 673)ê

 

         Legal Counsel                                                                                                                                89,754

         Manager, Safety and Quality Assurance                                                                                  79,759

         Supervising Administrative Attorney                                                                                         58,529

         Manager, Systems Operation                                                                                                      68,425

         Public Education and Statistical Analysis Officer (each)                                                      56,021

         Administrative Attorney (each)                                                                                                  52,074

         Manager, Resource and Market Analysis                                                                                82,451

         Engineer, Water                                                                                                                             68,425

         Engineer, Electric                                                                                                                           71,907

         Senior Gas Pipeline Engineer                                                                                                       72,187

         Engineer, Gas Pipeline (each)                                                                                                      68,425

         Senior Engineering Analyst (each)                                                                                             61,316

         Manager, Policy Analysis                                                                                                            79,759

         Director, Regulatory Operations                                                                                                 88,177

         Manager, Consumer Complaint Resolution                                                                            73,687

         Senior Analyst (each)                                                                                                                   61,316

         Rural Consumer Representative                                                                                                55,322

         Manager, Tariffs and Compliance                                                                                            74,136

         Commission Secretary                                                                                                                 77,826

         Assistant Commission Secretary                                                                                                68,425

         Senior Regulatory Economist                                                                                                     73,439

         Regulatory Economist (each)                                                                                                     73,439

         Commission Policy Advisory (each)                                                                                          75,502

         Senior Utility Analyst (each)                                                                                                       61,316

         Resource Planning Engineer                                                                                                        68,425

         Assistant General Counsel (each)                                                                                               85,665

         Legal Case Manager                                                                                                                     47,855

    26.  Department of Taxation:

         Executive Director                                                                                                                    $103,301

         Deputy Executive Director (each)                                                                                              74,099

    27.  Commission on Tourism:

         Executive Director                                                                                                                      $91,243

         Deputy Operations and Finance                                                                                                 69,445

         Public Information Officer                                                                                                          66,996

         Development Specialist II, Tourism                                                                                          65,007

         Development Specialist, Tourism (each)                                                                                  61,036

         Project Analyst, Tourism                                                                                                             46,823

         Development Specialist, Nevada Magazine                                                                            54,069

         Editor Publisher, Nevada Magazine                                                                                          73,858

         Associate Editor                                                                                                                             40,549

         Managing Editor, Publications                                                                                                    56,773

         Market and Promotion Manager, Publications                                                                       40,549

         Production Manager                                                                                                                     45,764

         Art Director (each)                                                                                                                         48,356

    28.  Department of Transportation:

         Director                                                                                                                                       $103,301

         Deputy Director                                                                                                                             97,805

         Hearings Officer                                                                                                                            61,316

    29.  Supreme Court:

         Supervisory Staff Attorney (each)                                                                                        $103,964

         Deputy Supervisory Staff Attorney (each)                                                                               89,754


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

ê2001 Statutes of Nevada, Page 2880 (Chapter 571, AB 673)ê

 

         Counsel to the Chief Justice                                                                                                        89,754

         Chief Clerk                                                                                                                                   103,964

         Chief Deputy Clerk                                                                                                                       60,802

         Court Administrator                                                                                                                      96,186

         Deputy Court Administrator (each)                                                                                           79,178

         Principal Staff Attorney (each)                                                                                                   81,790

         Staff Attorney (each)                                                                                                                   74,596

         Law Librarian                                                                                                                                81,527

         Senior Law Clerk (each)                                                                                                               48,241

    30.  Colorado River Commission:

         Director                                                                                                                                       $110,434

         Deputy Director                                                                                                                           105,000

         Special Assistant                                                                                                                            73,719

         Division Head, Power                                                                                                                 100,062

         Division Head, Water                                                                                                                 100,062

         Administrative Services Officer                                                                                                100,062

         Office Manager                                                                                                                             55,000

         Senior Energy Accountant                                                                                                           75,000

         Natural Resource Specialist                                                                                                         87,000

         Natural Resource Specialist                                                                                                         87,000

         Environmental Program Manager                                                                                             90,000

         Network Administrator                                                                                                                 65,000

         Power Supply Manager                                                                                                                90,000

         Assistant Director Engineering and Operations                                                                     100,000

         Power Facilities Manager                                                                                                             90,000

         Power Facilities Communication Technician                                                                           70,000

         Senior Power Facilities Electrician                                                                                              70,000

         Power Facilities Engineer                                                                                                              80,000

         Power Facilities Electrician                                                                                                          65,000

         Hydropower Program Manager                                                                                                  95,000

         Assistant Hydropower Program Manager                                                                                85,000

    31.  WICHE:

         Director                                                                                                                                         $63,540

    32.  Commission on Judicial Discipline:

         General Counsel                                                                                                                        $117,796

    33.  Ethics Commission:

         Executive Director                                                                                                                      $78,326

         Counsel, Ethics Commission                                                                                                       74,596

    34.  Public Employees’ Benefits Program:

         Executive Officer                                                                                                                      $100,062

         Executive Assistant                                                                                                                       57,814

         Quality Control Officer                                                                                                                74,491

         Operations Officer                                                                                                                         83,385

         Accounting Officer                                                                                                                        72,267

         Information Technology Systems Officer                                                                                75,602

    35.  Veterans’ Services:

         Director, Veterans’ Home                                                                                                          $77,802

         Nevada Commissioner for Veteran Services                                                                           57,315

         Nevada Deputy Commissioner for Veteran Services                                                             46,952

    36.  Peace Officers Standards and Training:

         Executive Director                                                                                                                      $75,178


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

ê2001 Statutes of Nevada, Page 2881 (Chapter 571, AB 673)ê

 

    Sec. 2.  1.  If any unclassified position is omitted from this act for the fiscal years 2001-2002 and 2002-2003, the Department of Personnel shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.

    2.  The Interim Finance Committee may establish the title and salary for any positions affected by reorganization pursuant to legislation enacted by the 71st session of the Nevada Legislature.

    Sec. 3.  The approximate maximum salaries as set forth in sections 1 and 2 of this act shall be increased by 4 percent effective July 1, 2002.

    Sec. 4.  1.  There is hereby appropriated from the state general fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the judicial branch of government, which receives part or all of its funding from the state general fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

 

For the fiscal year 2001-2002..................................................................................................... $3,576,315

For the fiscal year 2002-2003..................................................................................................... $5,916,152

 

    2.  There is hereby appropriated from the state highway fund to the State Board of Examiners for reimbursement to a state agency which receives part or all of its funding from the state highway fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of this act and the amount budgeted for that purpose:

 

For the fiscal year 2001-2002........................................................................................................ $222,980

For the fiscal year 2002-2003........................................................................................................ $305,812

 

    Sec. 5.  1.  The State Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as electronic laboratory engineer and possess a Bachelor of Science or higher degree in engineering, electronic engineering, or computer science and utilize, in the opinion of the board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.

    2.  There is hereby appropriated from the state general fund to the State Board of Examiners the sum of $400,000 for the fiscal year 2001-2002 and $400,000 for the fiscal year 2002-2003 for the additional cost of subsection 1 of this section.

    Sec. 6.  1.  Except as otherwise provided in this act, to effect increases in salaries of approximately 4 percent and to provide for the cost of including one additional step in the state’s compensation schedule, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2001, and ending June 30, 2002, the sum of $15,110,419, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 71st session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the judicial branch of government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2001.


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

ê2001 Statutes of Nevada, Page 2882 (Chapter 571, AB 673)ê

 

session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the judicial branch of government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2001.

    2.  There is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2002, and ending June 30, 2003, the sum of $23,013,440 to provide the salary increase as provided in subsection 1 and in addition a salary increase of approximately 4 percent for classified employees described in subsection 1 to become effective July 1, 2002.

    3.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.

    Sec. 7.  There is hereby appropriated from the state general fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada which receives part or all of its funding from the state general fund, for the difference between the maximum allowed in section 8 of this act and the amount budgeted for that purpose:

 

For the fiscal year 2001-2002........................................................................................................ $761,274

For the fiscal year 2002-2003..................................................................................................... $1,131,103

 

    Sec. 8.  1.  Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 2001:

 

                                                                                                                                                      Approximate Annual

Title or Position                                                                                                                                       Salary

    Senior Physician (Range A)                                                                                                         $115,915

    Senior Physician (Range B)                                                                                                           125,767

    Senior Physician (Range C)                                                                                                           130,369

    Senior Psychiatrist (Range A)                                                                                                        125,767

    Senior Psychiatrist (Range B)                                                                                                        130,367

    Senior Psychiatrist (Range C)                                                                                                        148,195

    State Health Officer (Range A)                                                                                                     130,367

    State Health Officer (Range B)                                                                                                     132,815

    State Health Officer (Range C)                                                                                                     135,267

    Senior Institutional Dentist (Range A)                                                                                         102,800

    Senior Institutional Dentist (Range B)                                                                                         115,987

    Medical Director (State laboratory)                                                                                             130,367

    Veterinary Diagnostician                                                                                                                  75,297

    Senior Veterinary Diagnostician                                                                                                      78,206

    Veterinary Supervisor (Animal Disease Laboratory)                                                                  81,271

 

As used in this section, a Senior Psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology.


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

ê2001 Statutes of Nevada, Page 2883 (Chapter 571, AB 673)ê

 

Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology. A Senior Psychiatrist (Range A) is a psychiatrist not so certified or eligible.

    2.  The maximum annual salary for the positions listed in subsection 1, except those whose salaries have been retained, shall be adjusted effective July 1, 2002, by the same percentage increase provided for state employees generally.

    Sec. 9.  1.  To effect increases in salaries of approximately 4 percent, and to provide for the cost of including one additional step in the state’s compensation schedule, there is hereby appropriated from the state highway fund to the State Board of Examiners for the fiscal period beginning July 1, 2001, and ending June 30, 2002, the sum of $8,544,074, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and the Transportation Services Authority as fixed by the 71st session of the legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, the Department of Public Safety and the Transportation Services Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2001.

    2.  There is hereby appropriated from the state highway fund to the State Board of Examiners for the fiscal period beginning July 1, 2002, and ending June 30, 2003, the sum of $13,243,230 to provide the salary increase as provided in subsection 1 and in addition a salary increase of approximately 4 percent for classified employees described in subsection 1 to become effective July 1, 2002.

    3.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Transportation Services Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, the Department of Public Safety and the Transportation Services Authority under the adjusted pay plan.

    Sec. 10.  1.  To effect increases in salaries of approximately 4 percent and to provide for the cost of including one additional step in the state’s compensation schedule, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2001, and ending June 30, 2002, the sum of $4,765,588, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 71st session of the legislature and the requirements for salaries of the classified personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 2001.

    2.  There is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 2002, and ending June 30, 2003, the sum of $8,168,806 to provide a salary increase as provided in subsection 1 and in addition a salary increase of approximately 4 percent for classified employees described in subsection 1 to become effective July 1, 2002.


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

ê2001 Statutes of Nevada, Page 2884 (Chapter 571, AB 673)ê

 

percent for classified employees described in subsection 1 to become effective July 1, 2002.

    3.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal year beginning July 1, 2001, and ending June 30, 2002, the sum of $10,163,726, for the purpose of increasing the salaries of the professional employees of the University and Community College System of Nevada, except those employees whose salaries have been retained, to become effective July 1, 2001.

    4.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal year beginning July 1, 2002, and ending June 30, 2003, the sum of $20,968,246 for the purpose of increasing salaries of professional employees of the University and Community College System of Nevada described in subsection 3.

    5.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the University and Community College System of Nevada out of the money appropriated by subsections 1 and 2 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University and Community College System of Nevada under the adjusted pay plan.

    Sec. 11.  The money appropriated for fiscal years 2001-2002 and 2002-2003, in sections 4, 6, 7, 9, 10 and 14 of this act is available for both fiscal years 2001-2002 and 2002-2003, and may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. Any balance of that money must not be committed for expenditure after June 30, 2003, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.

    Sec. 12.  1.  To effect increases in salaries of approximately 4 percent and provide for the cost of including one additional step in the state’s compensation schedule, there is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 2001, and ending June 30, 2002, the sum of $1,032,590, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 71st session of the legislature and the requirements for salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 2001.

    2.  There is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 2002, and ending June 30, 2003, the sum of $1,640,385 to provide the salary increase as provided in subsection 1 and in addition a salary increase of approximately 4 percent to take effect July 1, 2002.

    3.  The money appropriated for fiscal years 2001-2002 and 2002-2003, in this section is available for both fiscal years 2001-2002 and 2002-2003, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.


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

ê2001 Statutes of Nevada, Page 2885 (Chapter 571, AB 673)ê

 

    Sec. 13.  The State Board of Examiners shall allocate from the amounts appropriated by section 6 of this act to the Tahoe Regional Planning Agency to provide for Nevada’s share of a 4 percent salary increase which take effect on July 1, 2001, and July 1, 2002, the sum of no more than $48,159 for the fiscal year 2001-2002 and the sum of no more than $102,200 for the fiscal year 2002-2003. The amounts transferred must not be utilized to increase an employee’s base salary unless the State of California provides the required 2 for 1 matching funds. Any amounts provided to the Tahoe Regional Planning Agency should California not provide matching funds must be used as a one-time salary bonus.

    Sec. 14.  1.  To effect a one-grade pay increase on the classified employee compensation plan for certain adult parole and probation and youth parole counselor personnel and correctional officer personnel, and a two-grade pay increase for certain engineering personnel, there is hereby appropriated from the state general fund to the state board of examiners for fiscal years 2001‑2002 and 2002‑2003 the sums of $4,106,933 and $4,185,003, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.

    2.  To effect a two-grade pay increase for certain engineering personnel, there is hereby appropriated from the state highway fund to the State Board of Examiners for fiscal years 2001-2002 and 2002-2003, the sums of $1,730,449 and $1,751,345, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain engineering personnel.

    3.  The Department of Personnel shall designate those adult parole and probation and youth parole counselor personnel and correctional officer personnel classes eligible for the one-grade pay increases and the engineering personnel classes eligible for two-grade pay increases, pursuant to this section.

    Sec. 15.  If any of the amounts appropriated by section 14, of this act, are insufficient to implement one- or two-grade pay increases in the classified employee pay plan for certain adult parole and probation, youth parole counselor, correctional officer or engineering personnel as determined by the Department of Personnel, a request may be made to the State Board of Examiners to transfer money appropriated by sections 6 and 9 of this act. Money appropriated by section 6 of this act must only be transferred and used for general fund positions. Money appropriated by section 9 of this act must only be transferred and used for highway fund positions.

    Sec. 16.  If amounts appropriated by this act are insufficient to pay the difference between the maximum annual salary listed in section 8 of this act as determined by the Department of Personnel, a request may be made to the State Board of Examiners to transfer money appropriated by section 6 of this act.

    Sec. 17.  If the amounts appropriated to the budgets of certain elected officials are exceeded as a result of the passage of legislation by the 2001 Legislature, a request may be made to the State Board of Examiners to transfer money appropriated by section 6 of this act. The amounts so transferred must not exceed the additional cost resulting from the passage of legislation by the 2001 Legislature.


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

ê2001 Statutes of Nevada, Page 2886 (Chapter 571, AB 673)ê

 

    Sec. 18.  Notwithstanding the provisions of NRS 353.235:

    1.  On or before May 31, 2002, the State Board of Examiners shall, after reviewing state general fund revenue and reversion estimates developed by the technical advisory committee created pursuant to NRS 353.229, project the unappropriated balance of the state general fund and the state distributive school account in the state general fund, as of June 30, 2002, using all relevant information known to it. The results of the projections of the state general fund and the state distributive school account must be combined to form a single projection.

    2.  Based on the projection required by subsection 1, the following amounts are hereby contingently appropriated to provide increases in salaries and any additional cost of retirement contributions for teachers and other educational personnel by a school district, for the fiscal year 2002-2003:

    (a) If the projection is at least $154,000,000 but less than $194,000,000, to effect a salary increase of approximately 1 percent, from the state general fund to the state distributive school account, including the class-size reduction and adult diploma programs, in the state general fund         $17,330,920

This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 2002-2003.

    (b) If the projection is at least $194,000,000, to effect a salary increase of approximately 2 percent, from the state general fund to the state distributive school account, including the class-size reduction and adult diploma programs, in the state general fund        $34,661,840

This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 2002-2003.

    3.  If the projection required by subsection 2 is less than $194,000,000, on or before October 31, 2002, the State Board of Examiners, after reviewing state general fund revenue and reversion estimates developed by the technical advisory committee created pursuant to NRS 353.229, shall determine the unappropriated balance of the state general fund and the state distributive school account in the state general fund, as of June 30, 2002. The balances of the state general fund and the state distributive school account determined pursuant to this subsection must be combined to form a total balance.

    4.  Based on the determination of the total balance required by subsection 3, the following amounts are hereby contingently appropriated to provide increases in salaries and any additional cost of retirement contributions for teachers and other educational personnel by a school district, for the second half of fiscal year 2002-2003:

    (a) If the determination of the total balance is at least $154,000,000, but less than $194,000,000, and an increase was not effected pursuant to subsection 2, to effect a salary increase of approximately 1 percent, from the state general fund to the state distributive school account, including the class-size reduction and adult diploma programs, in the state general fund effective January 1, 2003  $8,665,460


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

ê2001 Statutes of Nevada, Page 2887 (Chapter 571, AB 673)ê

 

class-size reduction and adult diploma programs, in the state general fund effective January 1, 2003            $8,665,460

This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various county school districts for fiscal year 2002-2003.

    (b) If the determination of the total balance is at least $176,700,000, and an increase was effected pursuant to paragraph (a) of subsection 2, to effect a salary increase of approximately 1 percent, from the state general fund to the state distributive school account, including the class-size reduction and adult diploma programs, in the state general fund effective January 1, 2003    $8,665,460

This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the Department of Education for the various county school districts for fiscal year 2002-2003.

    (c) If the determination of the total balance is at least $194,000,000, and an increase was not effected pursuant to subsection 2, to effect a salary increase of approximately 2 percent, from the state general fund to the state distributive school account, including the class-size reduction and adult diploma programs, in the state general fund effective January 1, 2003      $17,330,920

This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the Department of Education for the various county school districts for fiscal year 2002-2003.

    Sec. 19.  This act becomes effective on July 1, 2001.

________

 

CHAPTER 572, SB 62

Senate Bill No. 62–Senator O’Connell (by request)

 

CHAPTER 572

 

AN ACT relating to animals; increasing the penalties for certain mistreatment of animals; authorizing a court to require a defendant convicted of certain offenses involving the mistreatment of animals to submit to a psychiatric evaluation and to participate in counseling or therapy as a condition of probation; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 574.060 is hereby amended to read as follows:

    574.060  1.  A person [who keeps or uses, or is] shall not keep or use, or in any manner be connected with, or be interested in the management of, or [receives] receive money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, [and any] or be an owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting . [, is guilty of a misdemeanor, but if a dog is used in such baiting or fighting the person is guilty of a gross misdemeanor.]


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

ê2001 Statutes of Nevada, Page 2888 (Chapter 572, SB 62)ê

 

    2.  A person who violates any provision of subsection 1 is guilty of:

    (a) For a first offense, a gross misdemeanor.

    (b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.

    (c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

    3.  Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant has just and reasonable cause to suspect that any [of the provisions] provision of law relating to or in any [wise] way affecting animals [are] is being or is about to be violated in any particular building or place, [such] the magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search [such] the building or place, [and] to arrest any person there present found violating any [of such laws,] such law and to bring [such] the person before the nearest magistrate of competent jurisdiction to be dealt with according to law.

    Sec. 2.  NRS 574.070 is hereby amended to read as follows:

    574.070  1.  Except as otherwise provided in this section, a person [who sets on foot, instigates, promotes or carries on, or does] shall not set on foot, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way [aids] aid in or [engages] engage in the furtherance of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by a person owning or having custody of such birds or animals . [, is guilty of a gross misdemeanor, but if any dog is used in such a fight the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.]

    2.  A person [who is a witness of] shall not witness any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, which is premeditated by a person having custody of such birds or animals . [, is guilty of a misdemeanor.]

    3.  Except as otherwise provided in subsection 5, a person who violates any provision of subsection 1 is guilty of:

    (a) For a first offense, a gross misdemeanor.

    (b) For a second offense, a category E felony and shall be punished as provided in NRS 193.130.

    (c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

    4.  A person who violates any provision of subsection 2 is guilty of:

    (a) For a first offense, a misdemeanor.

    (b) For a second offense, a gross misdemeanor.

    (c) For a third or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

    5.  If a violation of subsection 1 involves a dog, a person who commits such a violation is guilty of:

    (a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.

    (b) For a second offense, a category C felony and shall be punished as provided in NRS 193.130.


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ê2001 Statutes of Nevada, Page 2889 (Chapter 572, SB 62)ê

 

    (c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

    6.  If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.

    7.  This section does not prohibit the use of dogs or birds for:

    (a) The management of livestock by the owner thereof, his employees or agents or any other person in the lawful custody of the livestock; or

    (b) Hunting as permitted by law.

    Sec. 3.  NRS 574.105 is hereby amended to read as follows:

    574.105  1.  A person shall not willfully and maliciously:

    (a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;

    (b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or

    (c) Torture, mutilate, injure, poison, disable or kill a police animal.

    2.  A person who violates:

    (a) Paragraph (a) or (b) of subsection 1 is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

    (b) Paragraph (c) of subsection 1 is guilty of:

         (1) If the police animal is not totally disabled or killed, a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

         (2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.

    3.  The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.

    Sec. 4.  NRS 574.107 is hereby amended to read as follows:

    574.107  1.  A person shall not:

    (a) Willfully, unjustifiably and maliciously tamper or interfere with;

    (b) Willfully and unjustifiably abuse or injure, or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of abusing or injuring; or

    (c) Willfully and unjustifiably kill or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of killing,

a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined.

    2.  A person who violates:

    (a) Paragraph (a) of subsection 1 is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

    (b) Paragraph (b) of subsection 1 is guilty of a [gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

    (c) Paragraph (c) of subsection 1 is guilty of a category [E] C felony and shall be punished as provided in NRS 193.130.


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ê2001 Statutes of Nevada, Page 2890 (Chapter 572, SB 62)ê

 

    Sec. 5.  NRS 574.120 is hereby amended to read as follows:

    574.120  1.  A person who [, having] has impounded or confined any animal [, refuses or neglects] shall not refuse or neglect to supply to [such] the animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water . [is guilty of a misdemeanor.]

A person who violates subsection 1:

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

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

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

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

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

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

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

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

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

    3.  In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.

    4.  If any animal [shall be] is at any time impounded as provided in subsection 1, and [shall continue] continues to be without necessary food and water for more than 12 successive hours, [it shall be lawful for any person from time to time, and] any person may, as often as it [shall be necessary, to] is necessary, enter into and upon any pound in which [any such animal shall be] the animal is so confined and [to] supply it with necessary food and water, so long as it [shall remain] remains so confined. Such a person [shall not be] is not liable to any action for such entry, and the reasonable cost of such food and water may be collected by him from the owner of [such] the animal, and the animal [shall not be] is not exempt from levy and sale upon execution issued upon a judgment therefor.

    Sec. 6.  NRS 574.150 is hereby amended to read as follows:

    574.150  1.  A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by a horse, mule or [by] domestic cattle, whether the horse, mule or domestic cattle are the property of himself or another, is guilty of a category C felony and shall be punished as provided in NRS 193.130.


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ê2001 Statutes of Nevada, Page 2891 (Chapter 572, SB 62)ê

 

C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    2.  A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by an animal other than a horse, mule or domestic cattle, whether the animal is the property of himself or another, is guilty of a gross misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

    3.  This section does not prohibit the destruction of noxious animals.

    Sec. 7.  Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  As a condition of probation, the court may order a defendant who is convicted of a violation of chapter 574 of NRS that is punishable as a felony or gross misdemeanor to:

    (a) Submit to a psychiatric evaluation; and

    (b) Participate in any counseling or therapy recommended in the evaluation.

    2.  The court shall order a defendant, to the extent of his financial ability, to pay the cost for an evaluation and any counseling or therapy pursuant to this section.

    Sec. 8.  NRS 206.150 is hereby amended to read as follows:

    206.150  1.  Except as otherwise provided in subsections 2 and 3, any person who willfully and maliciously kills, maims or disfigures any animal belonging to another, or exposes any poison or noxious substance with intent that it should be taken by the animal is guilty of a [public offense proportionate to the value of the loss resulting therefrom but in no event less than a gross misdemeanor.] category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

    2.  Except as otherwise provided in NRS 205.220, a person who willfully and maliciously kills an estray or one or more head of livestock, without the authority to do so, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    3.  The provisions of subsection 1 do not apply to any person who kills a dog pursuant to NRS 575.020.

    4.  As used in this section:

    (a) “Estray” means any livestock running at large upon public or private lands in this state, whose owner is unknown in the section where the animal is found.

    (b) “Livestock” has the meaning ascribed to it in NRS 205.219.

    Sec. 9.  NRS 426.790 is hereby amended to read as follows:

    426.790  1.  A person shall not willfully and maliciously:

    (a) Interfere with;

    (b) [Beat, harass] Harass or intimidate; [or]

    (c) Beat; or

    (d) Kill,

a guide dog, hearing dog, helping dog or other service animal.

    2.  Any person who violates:

    (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

    (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.


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ê2001 Statutes of Nevada, Page 2892 (Chapter 572, SB 62)ê

 

    (c) Paragraph (c) of subsection 1 is guilty of a category [E] D felony and shall be punished as provided in NRS 193.130.

    (d) Paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    Sec. 10.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    2.  The amendatory provisions of this act apply to offenses committed before the effective date of this act for the purpose of determining whether a person is subject to the provisions of paragraph (b) or (c) of subsection 2 of NRS 574.060, paragraph (b) or (c) of subsection 3 of NRS 574.070, paragraph (b) or (c) of subsection 4 of NRS 574.070 or paragraph (b) or (c) of subsection 5 of NRS 574.070, as amended by this act.

    Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 573, SB 418

Senate Bill No. 418–Senator Schneider

 

CHAPTER 573

 

AN ACT relating to real property; clarifying the duties owed by a real estate salesman, broker-salesman and broker; establishing renewal requirements for the licensure of such real estate licensees; revising the schedule of fees paid to the real estate division of the department of business and industry; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 645.252 is hereby amended to read as follows:

    645.252  A licensee who acts as an agent in a real estate transaction:

    1.  Shall disclose to each party to the real estate transaction as soon as is practicable:

    (a) Any material and relevant facts, data or information which he knows, or which by the exercise of reasonable care and diligence he should have known, relating to the property which is the subject of the transaction.

    (b) Each source from which he will receive compensation as a result of the transaction.

    (c) That he is a principal to the transaction or has an interest in a principal to the transaction.

    (d) Except as otherwise provided in NRS 645.253, that he is acting for more than one party to the transaction. If a licensee makes such a disclosure, he must obtain the written consent of each party to the transaction for whom he is acting before he may continue to act in his capacity as an agent. The written consent must include:

         (1) A description of the real estate transaction.

         (2) A statement that the licensee is acting for two or more parties to the transaction who have adverse interests and that in acting for these parties, the licensee has a conflict of interest.

         (3) A statement that the licensee will not disclose any confidential information for 1 year after the revocation or termination of any brokerage agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.


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ê2001 Statutes of Nevada, Page 2893 (Chapter 573, SB 418)ê

 

agreement entered into with a party to the transaction, unless he is required to do so by a court of competent jurisdiction or he is given written permission to do so by that party.

         (4) A statement that a party is not required to consent to the licensee acting on his behalf.

         (5) A statement that the party is giving his consent without coercion and understands the terms of the consent given.

    (e) Any changes in his relationship to a party to the transaction.

    2.  Shall exercise reasonable skill and care with respect to all parties to the real estate transaction.

    3.  Shall provide to each party to the real estate transaction the appropriate form prepared by the division pursuant to NRS 645.193.

    4.  Unless otherwise agreed upon in writing, owes no duty to:

    (a) Independently verify the accuracy of a statement made by an inspector certified pursuant to chapter 645D of NRS or another appropriate licensed or certified expert.

    (b) Conduct an independent inspection of the financial condition of a party to a real estate transaction.

    Sec. 2.  NRS 645.257 is hereby amended to read as follows:

    645.257  1.  A person who has suffered damages as the proximate result of a licensee’s failure to perform any duties required by NRS 645.252, 645.253 or 645.254 or the regulations adopted to carry out those sections may bring an action against the licensee for the recovery of his actual damages.

    2.  In such an action, any knowledge of the client of the licensee of material facts, data or information relating to the real property which is the subject of the real estate transaction may not be imputed to the licensee.

    3.  In an action brought by a person against a licensee pursuant to subsection 1, the standard of care owed by a licensee is the degree of care that a reasonably prudent real estate licensee would exercise and is measured by the degree of knowledge required to be obtained by a real estate licensee pursuant to NRS 645.343 and 645.345.

    Sec. 3.  NRS 645.259 is hereby amended to read as follows:

    645.259  A licensee may not be held liable for [a] :

    1.  A misrepresentation made by his client unless the licensee:

    [1.] (a) Knew his client made the misrepresentation; and

    [2.] (b) Failed to inform the person to whom the client made the misrepresentation that the statement was false.

    2.  Except as otherwise provided in this subsection, the failure of the seller to make the disclosures required by NRS 113.130 and 113.135 if the information that would have been disclosed pursuant to NRS 113.130 and 113.135 is a public record which is readily available to the client. Notwithstanding the provisions of this subsection, a licensee is not relieved of the duties imposed by paragraph (a) of subsection 1 of NRS 645.252.

    Sec. 4.  NRS 645.490 is hereby amended to read as follows:

    645.490  1.  Upon satisfactorily passing the written examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the division to the successful applicant therefor as a real estate broker, broker-salesman or salesman, and the applicant upon receiving the license may conduct the business of a real estate broker, broker-salesman or salesman in this state.


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ê2001 Statutes of Nevada, Page 2894 (Chapter 573, SB 418)ê

 

    2.  The division shall issue licenses as real estate broker, broker-salesman or salesman to all applicants who qualify and comply with all provisions of law and all requirements of this chapter.

    3.  A real estate broker, broker-salesman or salesman shall renew his license with the division within 1 year immediately after initial licensing and thereafter shall renew his license every 2 years.

    Sec. 5.  NRS 645.575 is hereby amended to read as follows:

    645.575  1.  The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:

    (a) For renewal of a license which is on active status, a requirement for the hours of attendance at any approved educational course, seminar or conference of:

         (1) Thirty hours within the [2-year period] first year immediately after initial licensing; and

         (2) Fifteen hours within each subsequent 2-year period before renewal.

For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

    (b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:

         (1) Thirty hours if the license was on inactive status for 2 years or less during the initial license period;

         (2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period;

         (3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period; or

         (4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.

For each period, at least 6 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.

    (c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.

    (d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of paragraph (a) or (b).

    (e) A system of controlling and reporting qualifying attendance.

    (f) A statement of the conditions for which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.

    2.  The standards prescribed in subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify only those educational courses that it determines address the appropriate subject matter and are given by an accredited university or community college. Subject to the provisions of this section, the commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.


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ê2001 Statutes of Nevada, Page 2895 (Chapter 573, SB 418)ê

 

commission has exclusive authority to determine what is an appropriate subject matter for qualification as a continuing education course.

    3.  Except as otherwise provided in this subsection, the license of a broker, broker-salesman or salesman must not be renewed or reinstated unless the administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.

    Sec. 6.  NRS 645.635 is hereby amended to read as follows:

    645.635  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

    1.  Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.

    2.  Negotiating a sale, exchange or lease of real estate directly with [an owner or lessor] a client if he knows that the [owner] client has a brokerage agreement in force in connection with the property granting an exclusive agency or an exclusive right to sell to another broker, unless permission in writing has been obtained from the other broker.

    3.  Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser or to the seller.

    4.  Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesman’s or salesman’s responsibility and must be deemed to be compliance with this provision.

    5.  Representing to any lender, guaranteeing agency or any other interested party, verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.

    6.  Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the division.

    7.  Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing.

    8.  Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance.

    9.  Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.

    10.  Knowingly submitting any false or fraudulent appraisal to any financial institution or other interested person.

    Sec. 7.  NRS 645.830 is hereby amended to read as follows:

    645.830  1.  The following fees must be charged by and paid to the division:


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ê2001 Statutes of Nevada, Page 2896 (Chapter 573, SB 418)ê

 

For each original real estate broker’s, broker-salesman’s or corporate broker’s license... [$170] $85

For each original real estate salesman’s license............................................................................ [130] 65

For each original branch office license................................................................................................... 100

For real estate education, research and recovery to be paid at the time an original application for a license is filed................................................................................................................................................ 20

For real estate education, research and recovery to be paid at the time an application for a license [is filed or at the time a license] is renewed............................................................................................................. 40

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license....... 170

For each renewal of a real estate salesman’s license........................................................................... 130

For each renewal of a real estate branch office license....................................................................... 100

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license.......................................................................................................................................................................... 85

For each penalty for late filing of a renewal for a salesman’s license................................................. 65

For each change of name or address......................................................................................................... 10

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment................................................................................................................................................... 10

For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof.......................................................................................................................................................................... 10

For each change of status from broker to broker-salesman, or the reverse....................................... 10

For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license......................................................................................................................................... 10

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the division of a change of name or business location.......................................................... 20

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the division of a change of broker within 30 days of termination by previous broker........................... 20

For each original registration of an owner-developer........................................................................... 100

For each annual renewal of a registration of an owner-developer.................................................... 100

For each enlargement of the area of an owner-developer’s registration............................................. 15

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof.......................................................................................................................................................................... 40

For each original accreditation of a course of continuing education.................................................. 50

For each renewal of accreditation of a course of continuing education............................................. 10

 

    2.  The fees prescribed for courses of continuing education do not apply to any university or community college of the University and Community College System of Nevada.

    Sec. 8.  NRS 113.140 is hereby amended to read as follows:

    113.140  1.  NRS 113.130 does not require a seller to disclose a defect in residential property of which he is not aware.


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ê2001 Statutes of Nevada, Page 2897 (Chapter 573, SB 418)ê

 

    2.  A completed disclosure form does not constitute an express or implied warranty regarding any condition of residential property.

    3.  Neither this chapter nor chapter 645 of NRS relieves a buyer or prospective buyer of the duty to exercise reasonable care to protect himself.

    Sec. 9.  1.  This section and sections 1, 2, 3, 6 and 8 of this act become effective on October 1, 2001.

    2.  Sections 4, 5 and 7 of this act become effective on July 1, 2002.

________

 

CHAPTER 574, SB 427

Senate Bill No. 427–Committee on Finance

 

CHAPTER 574

 

AN ACT relating to education; making appropriations to the Department of Education for educational technology and for signing bonuses for teachers; making an appropriation to the legislative fund for use by the Legislative Bureau of Educational Accountability and Program Evaluation for an evaluation of educational technology; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the Department of Education the sum of $9,950,000 for educational technology.

    2.  The Department of Education shall distribute the money appropriated by subsection 1 as follows:

    (a) For the Commission on Educational Technology to grant money to local school districts for schools within the school district to acquire the minimal level of educational technology that is necessary to provide a networked computer for each classroom, as recommended by the Commission:

         (1) For the fiscal year 2001-2002...................................................................................... $1,250,000

         (2) For the fiscal year 2002-2003...................................................................................... $1,250,000

    (b) For the Commission on Educational Technology to provide grants to local school districts for the repair, replacement or upgrade of computer hardware and software, including, without limitation, contracts for maintenance:

         (1) For the fiscal year 2001-2002...................................................................................... $2,500,000

         (2) For the fiscal year 2002-2003..................................................................................... $2,500,000

    (c) For the Commission on Educational Technology to grant to local school districts for hardware, software and contracting services to provide or enhance technical support to the school districts:

         (1) For the fiscal year 2001-2002......................................................................................... $625,000

         (2) For the fiscal year 2002-2003......................................................................................... $625,000

    (d) For the Commission on Educational Technology to grant to local school districts for pilot programs that demonstrate best practices for the use of educational technology to improve the achievement of pupils:

         (1) For the fiscal year 2001-2002                                                                                          $150,000


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ê2001 Statutes of Nevada, Page 2898 (Chapter 574, SB 427)ê

 

         (2) For the fiscal year 2002-2003......................................................................................... $150,000

    (e) For the Commission on Educational Technology to distribute for the KLVX Distance Learning Satellite Service................................................................................................................................. $400,000

    (f) For the Commission on Educational Technology to grant to the Division of State Library and Archives of the Department of Museums, Library and Arts for licenses to allow school libraries access to research databases and other on-line resources appropriate for pupils.................................. $500,000

    3.  The sums appropriated by paragraphs (a) to (d), inclusive, of subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    4.  Any remaining balance of the appropriation made by paragraphs (e) and (f) of subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  1.  To receive a grant of money pursuant to section 1 of this act, a school district must:

    (a) Complete forms provided by the Superintendent of Public Instruction.

    (b) Submit a written request to the Commission on Educational Technology that identifies the schools within the school district which need educational technology and the financial needs of those schools to obtain the educational technology.

    (c) Submit a plan to the Commission on Educational Technology for the use of educational technology to improve the instruction and academic achievement of pupils, based upon the most recent version of the plan adopted by the Commission pursuant to NRS 388.795 for the use of educational technology in the public schools of this state. A school district may, as part of its plan and upon approval of the Commission, elect to use refurbished computers that do not meet the technical standards established by the Commission.

    (d) Submit a plan for evaluation in accordance with guidelines submitted by the Commission on Educational Technology that includes the effectiveness of the use of educational technology in improving the academic achievement of pupils.

    (e) Provide any additional information requested by the Commission on Educational Technology.

    2.  The Commission on Educational Technology shall determine the amount of money that must be distributed to school districts based upon the needs of each school district and the wealth of the school district relative to the other school districts in this state.

    3.  A school district that receives a grant of money pursuant to section 1 of this act shall:

    (a) Account for the money separately; and

    (b) Use the money to supplement, and not replace, the money that the school district would otherwise expend for educational technology.

    4.  A school district that receives a grant of money pursuant to section 1 of this act shall not use the money to:

    (a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.


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ê2001 Statutes of Nevada, Page 2899 (Chapter 574, SB 427)ê

 

    (b) Adjust the schedules of salaries and benefits of the employees of the school district.

    5.  On or before January 1, 2003, each school district that receives a grant of money pursuant to section 1 of this act shall submit to the Department of Education and the Commission on Educational Technology a written report in the format required by the Department. The report must include, without limitation:

    (a) A statement of the amount of money distributed to the school district pursuant to section 1 of this act;

    (b) A record of the manner in which the money was expended;

    (c) The purposes of each such expenditure; and

    (d) Any other expenditures for similar purposes from other money available to the school district.

    6.  On or before February 1, 2003, the Department of Education shall submit a written summary to the Governor, the Commission on Educational Technology and the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature. The written summary must include, without limitation:

    (a) The name of each school district that received a grant of money pursuant to section 1 of this act; and

    (b) A compilation of the reports submitted to the Department pursuant to subsection 5.

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $50,000 for use by the Legislative Bureau of Educational Accountability and Program Evaluation to hire a qualified, independent consultant to conduct an evaluation of educational technology.

    2.  The Legislative Bureau of Educational Accountability and Program Evaluation shall, after consulting with the Commission on Educational Technology, use the money appropriated by subsection 1 to hire a qualified, independent consultant to conduct an evaluation of the effectiveness of educational technology in improving the achievement of pupils, to identify issues relating to the implementation of educational technology and to identify best practices relating to the use of educational technology to improve the achievement of pupils.

    3.  The consultant shall provide to the Legislative Committee on Education, upon the request of the Committee, an interim report of the progress of the consultant. On or before February 1, 2003, the consultant hired pursuant to subsection 2 shall submit a written report of the results of his evaluation to the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 19, 2003, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written report and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 72nd session of the Nevada Legislature.

    4.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  1.  There is hereby appropriated from the state general fund to the Department of Education the sum of $10,000,000 to provide signing bonuses to teachers who are newly hired by school districts for the 2001-2002 school year and the 2002-2003 school year.

 


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ê2001 Statutes of Nevada, Page 2900 (Chapter 574, SB 427)ê

 

2001-2002 school year and the 2002-2003 school year. A newly hired teacher may not receive a signing bonus until he has taught for a school district in this state for at least 30 days. A teacher may not receive more than one signing bonus pursuant to this section. A teacher who teaches for a school district in this state before the effective date of this act and who subsequently transfers to another school district in this state is not eligible to receive a signing bonus pursuant to this section.

    2.  A school district that wishes to provide signing bonuses to its newly hired teachers shall submit information to the Department of Education, in a format prescribed by the Department, concerning the number of teachers who are newly hired by the school district to teach for the 2001-2002 school year and the 2002-2003 school year. A school district shall submit a request for each fiscal year that it wishes to provide signing bonuses pursuant to this section.

    3.  The Department of Education shall use the money appropriated by subsection 1 to provide signing bonuses to teachers who are newly hired for the 2001-2002 school year and the 2002-2003 school year. The Department shall analyze the total number of newly hired teachers for the 2001-2002 school year and determine the total amount of money to be allocated for fiscal year 2001-2002 in a manner which will ensure that an adequate amount of money is available for signing bonuses for fiscal year 2002-2003. If necessary, the Department shall adjust the amount of each signing bonus for fiscal year 2001-2002 to ensure that an adequate amount of money is available to provide signing bonuses to newly hired teachers for fiscal year 2002-2003. The amount of a bonus paid to each teacher:

    (a) In fiscal year 2001-2002 must not exceed $2,000.

    (b) In fiscal year 2002-2003 must not exceed $2,500.

    4.  No additional money will be appropriated by the Legislature for the purpose of providing signing bonuses for teachers for the 2001-2003 biennium.

    5.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

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

________

 


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ê2001 Statutes of Nevada, Page 2901ê

 

CHAPTER 575, SB 489

Senate Bill No. 489–Committee on Government Affairs

 

CHAPTER 575

 

AN ACT relating to governmental administration; revising the authority of the state treasurer to use a facsimile signature; abolishing the division of unclaimed property of the department of business and industry and transferring the duties of the division to the state treasurer; authorizing the state treasurer to employ a deputy of unclaimed property; revising the time for the submission of an annual report by the state treasurer; providing for the submission of certain public revenue and reports to the state controller instead of the state treasurer; revising the Uniform Disposition of Unclaimed Property Act; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  (Deleted by amendment.)

    Sec. 2.  NRS 226.080 is hereby amended to read as follows:

    226.080  1.  The state treasurer [is authorized to] may use a facsimile signature [produced through a mechanical device] in place of his handwritten signature [whenever the necessity may arise; provided:

    (a) That the mechanical device shall be of such nature that the facsimile may be removed from the mechanical device and kept in a separate secure place;

    (b) That the facsimile signature of the state treasurer shall be made and used only under his personal direction and supervision; and

    (c) That all of the mechanical device shall at all times be kept securely locked when not so in use with the facsimile signature and the registered key to the mechanical device removed and locked in a vault, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

    2.  Subject] if:

    (a) The facsimile signature is:

         (1) Produced by the most efficient device or other method of facsimile reproduction reasonably available; and

         (2) Made and used only under the personal direction and supervision of the state treasurer; and

    (b) The device or other method of facsimile reproduction is kept securely locked at all times when not in use in such a manner as to prevent any misuse, fraudulent use or other improper use. If the device or other method of facsimile reproduction is of such a nature that:

         (1) The facsimile image or impression is severable from the device or other method of facsimile reproduction, the facsimile image or impression must be kept in a separate secure place in the office of the state treasurer; and

         (2) Any registered key, password or other securing device or procedure is severable from the device or other method of facsimile reproduction, the registered key, password or other securing device or procedure must be locked in a vault.

    2.  Except as otherwise required by specific statute and subject to the conditions of subsection 1 and the consent of each, the state treasurer and the state controller , or the state treasurer and any other officer or employee of state government who is authorized to administer a bank account, may combine their facsimile signatures for use in [one mechanical device.] a device or other method of facsimile reproduction.


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ê2001 Statutes of Nevada, Page 2902 (Chapter 575, SB 489)ê

 

state government who is authorized to administer a bank account, may combine their facsimile signatures for use in [one mechanical device.] a device or other method of facsimile reproduction. The facsimile image or impression of such combined signatures [shall] must be kept in the [state treasurer’s] office of the state treasurer as provided in paragraph [(a)] (b) of subsection 1.

    Sec. 3.  NRS 226.100 is hereby amended to read as follows:

    226.100  1.  The state treasurer may appoint and employ a chief deputy, an assistant treasurer, a deputy of debt management, a deputy of investments, a deputy of cash management , a deputy of unclaimed property and an assistant to the state treasurer in the unclassified service of the state.

    2.  Except as otherwise provided in NRS 284.143, the chief deputy state treasurer shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

    Sec. 4.  NRS 226.110 is hereby amended to read as follows:

    226.110  The state treasurer:

    1.  Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

    2.  Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.

    3.  Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.

    4.  May employ any necessary investment and financial advisers to render advice and other services in connection with the investment of money of the state.

    5.  Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.

    6.  Shall keep a just, true and comprehensive account of all money received and disbursed.

    7.  Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

    8.  Shall fix, charge and collect reasonable fees for:

    (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

    (b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.

    9.  Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

    10.  Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer:


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ê2001 Statutes of Nevada, Page 2903 (Chapter 575, SB 489)ê

 

    (a) Shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

    (b) May, except as otherwise provided in NRS 538.206, employ necessary legal, financial or other professional services in connection with the authorization, sale or issuance of such an obligation.

    11.  May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.

    12.  Shall serve as the administrator of unclaimed property.

    Sec. 5.  NRS 226.120 is hereby amended to read as follows:

    226.120  The state treasurer shall:

    1.  Provide information to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.

    2.  Prepare and submit an annual report of the operations of his office to the governor and the legislative commission within [90] 60 working days after [the end of each fiscal year.] :

    (a) The close of a fiscal year; or

    (b) The latest date established by the legislature to close accounts for a fiscal year,

whichever occurs later for that fiscal year.

    Sec. 6.  NRS 227.090 is hereby amended to read as follows:

    227.090  1.  The state controller [is authorized to] may use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise [; provided:

    (a) That the] , except that:

    (a) The mechanical device [shall] must be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place;

    (b) [That the] The use of the facsimile signature [shall be made] must be only under the direction and supervision of the state controller; and

    (c) [That the] The registered key to the mechanical device [shall] must at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the [same.

    2.  Subject to the conditions] mechanical device.

    2.  Notwithstanding the provisions of subsection 1 , [and the consent of each,] the state controller and the state treasurer may combine their facsimile signatures [for use in one mechanical device. The facsimile of such combined signatures shall be kept in a separate secure place in the state treasurer’s office.] as provided in NRS 226.080.

    Sec. 7.  NRS 228.460 is hereby amended to read as follows:

    228.460  1.  The account for programs related to domestic violence is hereby created in the state general fund. Any administrative assessment imposed and collected pursuant to NRS 200.485 must be deposited with the state [treasurer] controller for credit to the account.

    2.  The ombudsman for victims of domestic violence:

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

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


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ê2001 Statutes of Nevada, Page 2904 (Chapter 575, SB 489)ê

 

         (1) The committee on domestic violence created pursuant to NRS 228.470;

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

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

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

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

    Sec. 8.  NRS 232.510 is hereby amended to read as follows:

    232.510  1.  The department of business and industry is hereby created.

    2.  The department consists of a director and the following:

    (a) Consumer affairs division.

    (b) Division of financial institutions.

    (c) Housing division.

    (d) Manufactured housing division.

    (e) Real estate division.

    (f) [Division of unclaimed property.

    (g)] Division of insurance.

    [(h)] (g) Division of industrial relations.

    [(i)] (h) Office of labor commissioner.

    [(j)] (i) Taxicab authority.

    [(k)] (j) Nevada athletic commission.

    [(l)] (k) Office of the Nevada attorney for injured workers.

    [(m)] (l) Transportation services authority.

    [(n)] (m) Any other office, commission, board, agency or entity created or placed within the department pursuant to a specific statute, the budget approved by the legislature or an executive order, or an entity whose budget or activities have been placed within the control of the department by a specific statute.

    Sec. 9.  NRS 232.520 is hereby amended to read as follows:

    232.520  The director:

    1.  Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, [the chief of the division of unclaimed property is the administrator of unclaimed property,] the chief of the division of insurance is the commissioner of insurance, the chief of the division of industrial relations is the administrator of the division of industrial relations, the chief of the office of labor commissioner is the labor commissioner, the chief of the taxicab authority is the taxicab administrator, the chief of the transportation services authority is the chairman of the authority and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.


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ê2001 Statutes of Nevada, Page 2905 (Chapter 575, SB 489)ê

 

chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.

    2.  Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the director pursuant to this subsection. [The provisions of this subsection do not authorize] This subsection does not allow the director to preempt any authority or jurisdiction granted by statute to any division or other entity within the department or [authorize the director] to act or take on a function that would contravene a rule of court or a statute.

    3.  May:

    (a) Establish uniform policies for the department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the department.

    (b) Provide coordination among the divisions and other entities within the department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.

    (c) Define the responsibilities of any person designated to carry out the duties of the director relating to financing, industrial development or business support services.

    4.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

    5.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

    6.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as otherwise provided [,] by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

    7.  May designate any person within the department to perform any of the duties or responsibilities, or exercise any of the authority, of the director on his behalf.


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ê2001 Statutes of Nevada, Page 2906 (Chapter 575, SB 489)ê

 

    8.  May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the director or the department.

    9.  May establish a trust account in the state treasury for depositing and accounting for money that is held in escrow or is on deposit with the department for the payment of any direct expenses incurred by the director in connection with any bond programs administered by the director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

    (a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or

    (b) Returned to any person entitled thereto in accordance with agreements or regulations of the director relating to those bond programs.

    Sec. 10.  NRS 4.060 is hereby amended to read as follows:

    4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, and section 1 of Assembly Bill No. 581 of this [act,] session, each justice of the peace shall charge and collect the following fees:

    (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

         If the sum claimed does not exceed $1,000                                                                            $28.00

         If the sum claimed exceeds $1,000 but does not exceed $2,500                                           50.00

         If the sum claimed exceeds $2,500 but does not exceed $4,500                                        100.00

         If the sum claimed exceeds $4,500 but does not exceed $6,500                                        125.00

         If the sum claimed exceeds $6,500 but does not exceed $7,500                                        150.00

         In all other civil actions                                                                                                                  28.00

    (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

         If the sum claimed does not exceed $1,000                                                                               25.00

         If the sum claimed exceeds $1,000 but does not exceed $2,500                                           45.00

         If the sum claimed exceeds $2,500 but does not exceed $5,000                                           65.00

    (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

         In all civil actions                                                                                                                             12.00

         For every additional defendant, appearing separately                                                               6.00

    (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

    (e) For the filing of any paper in intervention                                                                                    6.00

    (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court                                                                                    6.00

    (g) For filing a notice of appeal, and appeal bonds                                                                       12.00


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ê2001 Statutes of Nevada, Page 2907 (Chapter 575, SB 489)ê

 

         One charge only may be made if both papers are filed at the same time.

    (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.. 12.00

    (i) For preparation and transmittal of transcript and papers on appeal.................................... 12.00

    (j) For celebrating a marriage and returning the certificate to the county recorder................. 35.00

    (k) For entering judgment by confession........................................................................................... 6.00

    (l) For preparing any copy of any record, proceeding or paper, for each page........................... .30

    (m) For each certificate of the clerk, under the seal of the court.................................................. 3.00

    (n) For searching records or files in his office, for each year......................................................... 1.00

    (o) For filing and acting upon each bail or property bond .......................................................... 40.00

    2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

    3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

    4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state [treasurer] controller pursuant to subsection 5.

    5.  The justice of the peace shall, on or before the fifth day of each month, pay to the state [treasurer] controller one-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state [treasurer] controller shall deposit the money in the fund for the compensation of victims of crime.

    Sec. 11.  NRS 4.065 is hereby amended to read as follows:

    4.065  1.  The justice of the peace shall, on the commencement of any action or proceeding in the justice’s court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

    2.  On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state [treasurer,] controller, who shall place the money in an account in the state general fund for use by the director of the department of taxation to administer the provisions of NRS 360.283.

    Sec. 12.  NRS 19.030 is hereby amended to read as follows:

    19.030  1.  Except as otherwise provided by specific statute, on the commencement of any civil action or proceeding in the district court, other than the commencement of a proceeding for an adoption, the county clerk of each county, in addition to any other fees provided by law, shall charge and collect $32 from the party commencing the action or proceeding.


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ê2001 Statutes of Nevada, Page 2908 (Chapter 575, SB 489)ê

 

    2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to $32 per civil case commenced as provided in subsection 1, for the preceding calendar month, and the county treasurer shall place that money to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the county clerk to the state [treasurer,] controller to be placed by the state [treasurer] controller in the state general fund.

    Sec. 13.  NRS 19.033 is hereby amended to read as follows:

    19.033  1.  In each county, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $20. The fee must be paid by the party commencing the action.

    2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state [treasurer,] controller, who shall place the money in an account in the state general fund for use by the director of the department of employment, training and rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.

    3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:

    (a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

    (b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

    Sec. 14.  Chapter 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

    Sec. 15.  “Apparent owner” means a person whose name appears on the records of a holder as the person entitled to property held, issued or owing by the holder.

    Sec. 16.  “Money order” includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.

    Sec. 17.  NRS 120A.020 is hereby amended to read as follows:

    120A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.120, inclusive, and sections 15 and 16 of this act have the meanings ascribed to them in those sections.

    Sec. 18.  NRS 120A.025 is hereby amended to read as follows:

    120A.025  “Administrator” means the [chief of the division] state treasurer in his capacity as the administrator of unclaimed property.

    Sec. 19.  NRS 120A.040 is hereby amended to read as follows:

    120A.040  “Business association” means [any corporation (] a corporation, other than a public corporation [),] , a joint-stock company, investment company, [business trust, partnership or any association for business purposes of two or more natural] partnership, unincorporated association, joint venture, limited-liability company, business trust, financial organization, insurance company, mutual fund or utility, or another business entity consisting of one or more persons, whether or not for profit .


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ê2001 Statutes of Nevada, Page 2909 (Chapter 575, SB 489)ê

 

investment company, [business trust, partnership or any association for business purposes of two or more natural] partnership, unincorporated association, joint venture, limited-liability company, business trust, financial organization, insurance company, mutual fund or utility, or another business entity consisting of one or more persons, whether or not for profit . [, including a banking organization, financial organization, insurance company or utility.]

    Sec. 20.  NRS 120A.070 is hereby amended to read as follows:

    120A.070  “Financial organization” means [any] a savings and loan association, [building and loan association, thrift company, credit union, cooperative bank or investment company.] banking organization or credit union.

    Sec. 21.  NRS 120A.080 is hereby amended to read as follows:

    120A.080  “Holder” means a person [, wherever organized or domiciled, who is:

    1.  In possession of property belonging to another;

    2.  A trustee; or

    3.  Indebted to another on an obligation.] obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this chapter.

    Sec. 22.  NRS 120A.090 is hereby amended to read as follows:

    120A.090  “Insurance company” means an association, corporation [,] or fraternal or mutual benefit organization, whether or not for profit, which is engaged in the business of providing life endowments, annuities or insurance, including [the following kinds: Accident,] accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life , [(including endowments and annuities),] malpractice, marine, mortgage, surety , [and] wage protection [.] and workers’ compensation insurance.

    Sec. 23.  NRS 120A.110 is hereby amended to read as follows:

    120A.110  “Person” [includes a government , a governmental agency and a political subdivision of a government.] means a natural person, business association, estate, trust, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

    Sec. 24.  NRS 120A.145 is hereby amended to read as follows:

    120A.145  The administrator or any officer, agent or employee of the [division] office of the state treasurer shall not use or disclose any information received by the administrator in the course of carrying out the provisions of this chapter which is confidential or which is provided to the [division] administrator on the basis that the information is to remain confidential, unless the use or disclosure of the information is necessary to locate the owner of unclaimed or abandoned property.

    Sec. 25.  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 3 years:


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ê2001 Statutes of Nevada, Page 2910 (Chapter 575, SB 489)ê

 

    (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] financial 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. 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 3 years from the date on which the lease or rental period expired.


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ê2001 Statutes of Nevada, Page 2911 (Chapter 575, SB 489)ê

 

pursuant to law, that have been unclaimed by the owner for more than 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. 26.  (Deleted by amendment.)

    Sec. 27.  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 [,] it is unclaimed by the apparent owner within 3 years after the earlier of:

    (a) 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.] of the most recent dividend, stock split or other distribution unclaimed by the apparent owner; or

    (b) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner.

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 3 years communicated in any manner described in subsection 1.]

    Sec. 28.  NRS 120A.200 is hereby amended to read as follows:

    120A.200  All intangible personal property distributable in the course of a dissolution of a business association [, banking organization or financial organization] organized under the laws of or created in this state that is unclaimed by the owner within 1 year after the date for final distribution is presumed abandoned.

    Sec. 29.  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 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;


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ê2001 Statutes of Nevada, Page 2912 (Chapter 575, SB 489)ê

 

    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. 30.  (Deleted by amendment.)

    Sec. 31.  NRS 120A.250 is hereby amended to read as follows:

    120A.250  1.  [Every] A person holding money or other property presumed abandoned under this chapter shall make a verified report to the [division] administrator with respect to the property.

    2.  The report must include:

    (a) 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 under this chapter.

    (b) In the 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 [corporation’s records.] records of the company.

    (c) 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.

    (d) 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.

    (e) [Other] Any other information which the administrator prescribes by regulation as necessary for the administration of this chapter.

    3.  If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.

    4.  The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 except that the report of an insurance company must be filed before May 1 of each year for the preceding calendar year. The administrator may, in writing, postpone the reporting date upon written request by any person required to file a report.

    5.  Verification of the report, if made by:

    (a) A partnership, must be executed by a partner.

    (b) An unincorporated association or private corporation, must be executed by an officer.

    (c) A public entity or corporation, must be executed by its chief fiscal officer.

    Sec. 32.  NRS 120A.260 is hereby amended to read as follows:

    120A.260  1.  If the holder of property presumed abandoned under this chapter knows the whereabouts of the owner and if the owner’s claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.

    2.  The administrator may, by regulation, prescribe a form on which the owner may indicate his interest in maintaining the deposit, shares or account. If a form is so prescribed, the holder shall send the form to each owner whose balance is more than $50, not less than [6] 60 nor more than [12 months] 120 days before the holder’s report is due.


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ê2001 Statutes of Nevada, Page 2913 (Chapter 575, SB 489)ê

 

months] 120 days before the holder’s report is due. If the owner fills out, signs and returns the form to the holder, this action prevents abandonment from being presumed. The administrator may, by regulation, authorize the holder to impose a charge of not more than a prescribed amount upon the owner’s deposit, shares or account for the expense of mailing the form. In the absence of a regulation prescribing the maximum charge, the holder may impose a charge of not more than $2.

    Sec. 33.  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 3-year period after November 1, 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. 34.  NRS 120A.280 is hereby amended to read as follows:

    120A.280  1.  Within [180] 360 days after the filing of the report required by NRS 120A.250 and the payment or delivery of the property required by NRS [120A.360,] 120A.320, the administrator shall cause notice to be published in at least one newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.

    2.  The published notice must be entitled “Notice of Names of Persons Appearing To Be Owners of Abandoned Property,” and must contain:

    (a) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county.

    (b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the [division.] administrator.

    (c) If the property was removed from a safe-deposit box or other safekeeping repository, a statement declaring that the administrator will hold the property for 1 year after the date the property was delivered to the [division,] administrator, and that the property may be destroyed if no claims are made for it within that period.

    3.  The administrator is not required to publish in the notice any item valued at less than $50 unless he deems the publication to be in the public interest.

    4.  In addition to the notice required to be published pursuant to this section, the administrator shall take such actions as are reasonably calculated to give actual notice to the owner of property presumed abandoned, including, without limitation, using information obtained from the department of motor vehicles and public safety and other governmental agencies or executing contracts with private businesses to assist in locating such owners of property.

    Sec. 35.  NRS 120A.300 is hereby amended to read as follows:

    120A.300  1.  A [banking or financial organization shall not impose a charge upon a depositor’s account based on the dormancy of the account unless the organization has first mailed a notice of its intended charge to the depositor at his last known address and has allowed him 60 days to respond.] holder may deduct from property presumed abandoned pursuant to this chapter a charge imposed by reason of the owner’s failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled.


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ê2001 Statutes of Nevada, Page 2914 (Chapter 575, SB 489)ê

 

holder may deduct from property presumed abandoned pursuant to this chapter a charge imposed by reason of the owner’s failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled.

    2.  The administrator may prescribe by regulation the highest rate of charge which a [banking or financial organization] holder may impose upon a dormant account.

    3.  In the absence of such a regulation, a [banking or financial institution] holder shall not impose a charge upon a dormant account of more than $5 per month.

    Sec. 36.  NRS 120A.310 is hereby amended to read as follows:

    120A.310  No service, handling, maintenance or other charge or fee may be deducted or withheld from any property subject to this chapter if, under the holder’s policy or practice, the holder would not have excluded, withheld or deducted such a charge or fee if the property had been claimed by the owner before it was paid or delivered to the [division.] administrator.

    Sec. 37.  NRS 120A.320 is hereby amended to read as follows:

    120A.320  1.  Except as otherwise provided in subsection 3 and NRS 120A.160, [every] a person who files a report under NRS 120A.250 shall, at the time of filing the report, pay or deliver to the [division] administrator all abandoned property specified in [this] the report.

    2.  The holder of an interest under NRS 120A.190 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the [division.] administrator. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the [division,] administrator, for any losses or damages resulting to any person by the issuance and delivery to the [division] administrator of the duplicate certificate.

    3.  Property which in all probability will be presumed abandoned pursuant to [NRS 120A.200] this chapter may, upon [approval of] conditions and terms prescribed by the administrator, be reported and delivered by the holder to the [division] administrator before the [date it is statutorily] property is presumed abandoned. Property so delivered must be held by the administrator and is not presumed abandoned until it otherwise would be presumed abandoned pursuant to this chapter.

    Sec. 38.  NRS 120A.330 is hereby amended to read as follows:

    120A.330  Except for property that was removed from a safe-deposit box, the administrator may decline to receive any abandoned property which he deems to have a value less than the cost of giving notice and holding a sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless [it] he gives notice to the contrary at the time [it] he receives abandoned property, the [division] administrator shall be deemed to have elected to receive and maintain the custody of the property.


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ê2001 Statutes of Nevada, Page 2915 (Chapter 575, SB 489)ê

 

    Sec. 39.  NRS 120A.340 is hereby amended to read as follows:

    120A.340  1.  Upon the payment or delivery to [it] him of abandoned property, the [division] administrator shall assume custody of the property and is thereafter responsible for its safekeeping.

    2.  Any person who pays or delivers abandoned property to the [division] administrator under this chapter is relieved of all liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise or be made in respect to the property.

    3.  Any holder who has paid money to the [division] administrator pursuant to this chapter may make payment to any person appearing to the holder to be entitled thereto, and if the holder files with the [division] administrator proof of such payment and proof that the payee was entitled thereto, the [division] administrator shall forthwith reimburse the holder for the payment, without charge. [Where] If reimbursement is sought for a payment made on a negotiable instrument , [(] including a traveler’s check or money order [), the division] , the administrator shall reimburse the holder upon his filing proof that the instrument was presented to him and that payment was made thereon to a person who appeared to the holder to be entitled to payment.

    4.  If the holder pays or delivers property to the [division] administrator in accordance with this chapter and thereafter any person claims the property from the holder, or another state claims the property from the holder under that state’s laws, the attorney general shall, upon written request of the holder, defend him against the claim and the administrator shall indemnify him against [any] all liability on the claim.

    5.  Property removed from a safe-deposit box or other safekeeping repository is received by the administrator subject to the holder’s right to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse or pay the holder out of the proceeds remaining after deducting the administrator’s selling cost.

    Sec. 40.  NRS 120A.350 is hereby amended to read as follows:

    120A.350  [When] If property other than money is paid or delivered to the [division] administrator under this chapter, the owner is entitled to receive from the [division] administrator any dividends, interest or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.

    Sec. 41.  NRS 120A.360 is hereby amended to read as follows:

    120A.360  1.  Except as otherwise provided in subsections 4, 5 and 6, all abandoned property other than money delivered to the [division] administrator under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.

    2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.

    3.  The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them.


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ê2001 Statutes of Nevada, Page 2916 (Chapter 575, SB 489)ê

 

them. The administrator shall execute all documents necessary to complete the transfer of title.

    4.  The administrator need not offer any property for sale if , in his opinion , the probable cost of the sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer it to:

    (a) The Nevada museum and historical society, the Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

    (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada museum and historical society, the Nevada state museum or the Nevada historical society.

An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

    5.  Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

    (a) Over the counter at the prevailing price for that security at the time of sale; or

    (b) By any other method the administrator deems acceptable.

    6.  The administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the [division,] administrator, unless that property is a will or a codicil to a will, in which case the administrator shall hold the property for 10 years after the date of the delivery of the property to the [division.] administrator. If no claims are filed for the property within that period, it may be destroyed.

    Sec. 42.  NRS 120A.370 is hereby amended to read as follows:

    120A.370  1.  There is hereby created in the state treasury the abandoned property trust fund.

    2.  All money received by the [division] administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the administrator in the state treasury for credit to the abandoned property trust fund.

    3.  Before making a deposit, the administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

    4.  The administrator may pay from money available in the abandoned property trust fund:

    (a) Any costs in connection with the sale of abandoned property.

    (b) Any costs of mailing and publication in connection with any abandoned property.

    (c) Reasonable service charges.

    (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

    (e) Any valid claims filed pursuant to this chapter.


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ê2001 Statutes of Nevada, Page 2917 (Chapter 575, SB 489)ê

 

    5.  At the end of each fiscal year , the amount of the balance in the fund in excess of $100,500 must be [deposited with the state treasurer for credit] transferred to the state general fund , but remains subject to the valid claims of holders pursuant to NRS 120A.340 or owners pursuant to NRS 120A.380.

    6.  If there is an insufficient amount of money in the abandoned property trust fund to pay any cost or charge pursuant to subsection 4, the state board of examiners may, upon the application of the administrator, authorize a temporary transfer from the state general fund to the abandoned property trust fund of an amount necessary to pay those costs or charges. The administrator shall repay the amount of the transfer as soon as sufficient money is available in the abandoned property trust fund.

    Sec. 43.  NRS 120A.400 is hereby amended to read as follows:

    120A.400  Any person aggrieved by a decision of the administrator, or as to whose claim the administrator has failed to render a decision within 90 days after the filing of the claim, may [do either of the following, or both:

    1.  Request the director of the department of business and industry to review the administrative record. The request must be made in writing and must be filed with the director within 90 days after the decision of the administrator or within 180 days after the filing of the claim. The decision of the director constitutes the final decision in a contested case.

    2.  Commence] commence an action in the district court to establish his claim. The proceeding must be brought within 90 days after the decision of the administrator or within 180 days after the filing of the claim if the administrator has failed to render a decision. The action must be tried without a jury in cases where the administrator has failed to render a decision.

    Sec. 44.  NRS 120A.405 is hereby amended to read as follows:

    120A.405  1.  Any agreement to locate, deliver, recover or assist in the recovery of property presumed abandoned which is entered into by or on behalf of the owner of the property must:

    (a) Be in writing.

    (b) Be signed by the owner.

    (c) Include a description of the property.

    (d) Include the value of the property.

    (e) Include the name and address of the person in possession of the property, if known.

    2.  [No such] Such an agreement is not valid unless it is executed:

    (a) Before the date on which the property is reported to the [division] administrator pursuant to NRS 120A.250; or

    (b) Two years after the property has been paid or delivered to the [division.

    3.  No] administrator.

    3.  A fee charged for the location, delivery, recovery or assistance in the recovery of property presumed abandoned [may] must not be more than 10 percent of the total value of the property.

    Sec. 45.  NRS 120A.420 is hereby amended to read as follows:

    120A.420  1.  The [chief of the division of unclaimed property] administrator may , at reasonable times and upon reasonable notice , examine the records of any person if he has reason to believe that the person has failed to report property which should have been reported pursuant to this chapter.


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ê2001 Statutes of Nevada, Page 2918 (Chapter 575, SB 489)ê

 

    2.  To determine compliance with this chapter, the commissioner of financial institutions may examine the records of any banking organization and any savings and loan association doing business within this state but not organized under the laws of or created in this state.

    3.  When requested by the [chief of the division of unclaimed property,] administrator, any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder shall include in its examination a determination whether the holder has complied with this chapter.

    Sec. 46.  NRS 120A.430 is hereby amended to read as follows:

    120A.430  If any person refuses to pay or deliver property to the [division] administrator as required under this chapter, the attorney general, upon request of the administrator, may bring an action in a court of competent jurisdiction to enforce the payment or delivery. In such an action, the court may award costs and reasonable attorney’s fees to the prevailing party, and, if the [division] administrator is the prevailing party, may impose a civil penalty against the losing party in an amount not to exceed 2 percent of the value of the property, or $1,000, whichever is greater.

    Sec. 47.  NRS 120A.440 is hereby amended to read as follows:

    120A.440  1.  [Any] Except as otherwise provided in subsection 2, any person who willfully fails to make any report or perform any other duty required under this chapter is guilty of a misdemeanor. Each day such a report is withheld constitutes a separate offense.

    2.  Any person who willfully refuses to pay or deliver abandoned property to the [division] administrator as required under this chapter is guilty of a gross misdemeanor.

    Sec. 48.  NRS 120A.450 is hereby amended to read as follows:

    120A.450  1.  Except as otherwise provided in subsection 2, in addition to any penalties for which he may be liable, any person who fails to report or to pay or deliver abandoned property within the time prescribed by this chapter shall pay to the [division] administrator interest at the rate of 18 percent per annum on the money or the value of other property from the date on which the property should have been paid or delivered.

    2.  The administrator may waive [any] the right to the payment of interest pursuant to this section if:

    (a) The person otherwise obligated to make payment files with the [division] administrator a verified statement of the facts, showing that his failure to report or to make payment or delivery was not willful or negligent but occurred because of circumstances beyond his control; and

    (b) The administrator so finds.

    Sec. 49.  NRS 122.060 is hereby amended to read as follows:

    122.060  1.  The clerk is entitled to receive as his fee for issuing the license the sum of $13.

    2.  The clerk shall also at the time of issuing the license collect the sum of $3 and pay it over to the county recorder as his fee for recording the originally signed copy of the certificate of marriage described in NRS 122.120.

    3.  The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the [5th] fifth day of each month for the preceding calendar month, and must be placed to the credit of the state general fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state [treasurer] controller for credit to the state general fund.


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ê2001 Statutes of Nevada, Page 2919 (Chapter 575, SB 489)ê

 

quarterly all such fees deposited by the clerk to the state [treasurer] controller for credit to the state general fund.

    4.  The clerk shall also at the time of issuing the license collect the additional sum of $15 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the [5th] fifth day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state [treasurer] controller for credit to that account.

    Sec. 50.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

            Fine.............................................................................................................................................. Assessment

         $5 to $49............................................................................................................................................. $15

         50 to 59.................................................................................................................................................. 30

         60 to 69.................................................................................................................................................. 35

         70 to 79.................................................................................................................................................. 40

         80 to 89.................................................................................................................................................. 45

         90 to 99.................................................................................................................................................. 50

         100 to 199............................................................................................................................................. 60

         200 to 299............................................................................................................................................. 70

         300 to 399............................................................................................................................................. 80

         400 to 499............................................................................................................................................. 90

         500 to 1,000........................................................................................................................................ 105

 

    2.  The provisions of subsection 1 do not apply to:

    (a) An ordinance regulating metered parking; or

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5.


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ê2001 Statutes of Nevada, Page 2920 (Chapter 575, SB 489)ê

 

requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state [treasurer] controller for credit to a special account in the state general fund.

    6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state [treasurer] controller for credit to a special account in the state general fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or


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ê2001 Statutes of Nevada, Page 2921 (Chapter 575, SB 489)ê

 

    (d) Audits.

    8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received to the following public agencies in the following manner:

    (a) Not less than 51 percent to the office of the court administrator for allocation as follows:

         (1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.

         (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

         (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

         (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

         (5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

         (1) The central repository for Nevada records of criminal history;

         (2) The peace officers’ standards and training commission;

         (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement;

         (4) The fund for the compensation of victims of crime; and

         (5) The advisory council for prosecuting attorneys.

    9.  As used in this section, “juvenile court” means:

    (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

    (b) In any other judicial district, the juvenile division of the district court.

    Sec. 51.  NRS 176.062 is hereby amended to read as follows:

    176.062  1.  When a defendant pleads guilty or guilty but mentally ill or is found guilty of a felony or gross misdemeanor, the judge shall include in the sentence the sum of $25 as an administrative assessment and render a judgment against the defendant for the assessment.

    2.  The money collected for an administrative assessment:

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

    (b) Must be taxed against the defendant in addition to the fine; and

    (c) Must be stated separately on the court’s docket.

    3.  The money collected for administrative assessments in district courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Five dollars for credit to a special account in the county general fund for the use of the district court.

    (b) The remainder of each assessment to the state [treasurer.] controller.

    4.  The state [treasurer] controller shall credit the money received pursuant to subsection 3 to a special account for the assistance of criminal justice in the state general fund, and distribute the money from the account to the attorney general as authorized by the legislature. Any amount received in excess of the amount authorized by the legislature for distribution must remain in the account.


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ê2001 Statutes of Nevada, Page 2922 (Chapter 575, SB 489)ê

 

    Sec. 52.  NRS 178.518 is hereby amended to read as follows:

    178.518  Money collected pursuant to NRS 178.506 to 178.516, inclusive, which was collected:

    1.  From a person who was charged with a misdemeanor must be paid over to the county treasurer.

    2.  From a person who was charged with a gross misdemeanor or a felony must be paid over to the state [treasurer] controller for deposit in the fund for the compensation of victims of crime.

    Sec. 53.  NRS 200.485 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

    (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    3.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.


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ê2001 Statutes of Nevada, Page 2923 (Chapter 575, SB 489)ê

 

a felony, must also be shown at the preliminary examination or presented to the grand jury.

    4.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state [treasurer] controller on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

    5.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.

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

    7.  As used in this section:

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

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

    Sec. 54.  NRS 206.340 is hereby amended to read as follows:

    206.340  1.  The graffiti reward fund is hereby created in the state general fund.

    2.  When a defendant pleads or is found guilty of violating NRS 206.125 or 206.330, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the state [treasurer] controller on or before the fifth day of each month for the preceding month for credit to the graffiti reward fund.

    3.  All money received pursuant to subsection 2 must be deposited with the state [treasurer] controller for credit to the graffiti reward fund. The money in the fund must be used to pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125 or 206.330.

    4.  If sufficient money is available in the graffiti reward fund, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125 or 206.330. The reward must be paid out of the graffiti reward fund upon approval by the state board of examiners.

    Sec. 55.  NRS 249.085 is hereby amended to read as follows:

    249.085  On or before the 15th day of each month, the county treasurer shall report to the state [treasurer] controller the amount of the administrative assessments paid by each justices’ court for the preceding month pursuant to NRS 176.059.


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ê2001 Statutes of Nevada, Page 2924 (Chapter 575, SB 489)ê

 

    Sec. 56.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. The amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited [with the state treasurer] by the commission in the account for credit to the state general fund [.] in the bank designated by the state treasurer.

    4.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 57.  NRS 293.840 is hereby amended to read as follows:

    293.840  1.  In addition to any criminal penalty, a person who violates the provisions of this chapter is subject to a civil penalty in an amount not to exceed $20,000 for each violation. This penalty must be recovered in a civil action brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.

    2.  Any civil penalty collected pursuant to this section must be deposited [with the state treasurer] by the collecting agency for credit to the state general fund [.] in the bank designated by the state treasurer.

    Sec. 58.  NRS 294A.420 is hereby amended to read as follows:

    294A.420  1.  If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 has not filed a report pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.

    2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited [with the state treasurer] by the secretary of state for credit to the state general fund [.] in the bank designated by the state treasurer.


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ê2001 Statutes of Nevada, Page 2925 (Chapter 575, SB 489)ê

 

    3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:

    (a) If the report is not more than 7 days late, $25 for each day the report is late.

    (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

    (c) If the report is more than 15 days late, $100 for each day the report is late.

    4.  For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 59.  NRS 361.745 is hereby amended to read as follows:

    361.745  1.  On the third Mondays of July, October, January and April of each year, each county treasurer shall deposit with the state [treasurer] controller all money which has come into his hands as county treasurer for the use and benefit of the state.

    2.  Each county treasurer shall hold himself in readiness to settle and pay all money in his hands belonging to the state at all other times whenever required to do so by order signed by the state controller, who is authorized to draw such an order whenever he deems it necessary.

    Sec. 60.  NRS 375.070 is hereby amended to read as follows:

    375.070  1.  The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:

    (a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state [treasurer] controller who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.

    (b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

    (c) The remaining proceeds must be transmitted to the state [treasurer] controller for deposit in the local government tax distribution account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

    2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.


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ê2001 Statutes of Nevada, Page 2926 (Chapter 575, SB 489)ê

 

    3.  The expenses authorized by subsection 2 include, but are not limited to:

    (a) The costs to acquire land and developmental rights;

    (b) Related predevelopment expenses;

    (c) The costs to develop the land, including the payment of related rebates;

    (d) Contributions toward down payments made for the purchase of affordable housing; and

    (e) The creation of related trust funds.

    Sec. 61.  NRS 408.185 is hereby amended to read as follows:

    408.185  1.  The director and deputy director may use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.

    2.  Such [mechanical facsimile signature devices] a device must be of such a nature that the facsimile signature plate may be inserted and removed from the mechanical device only by use of two locking keys.

    3.  Such facsimile signatures must be made and used only under the personal direction and supervision of the director and deputy director, respectively.

    4.  All of the facsimile signature plates and locking keys must at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use is prevented.

    5.  Notwithstanding the provisions of this section, the director or deputy director and the state treasurer may combine their facsimile signatures as provided in NRS 226.080.

    Sec. 62.  NRS 428.185 is hereby amended to read as follows:

    428.185  1.  In addition to the taxes levied pursuant to NRS 428.050 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of each county shall levy an ad valorem tax at a rate which must be calculated by:

    (a) First multiplying the tax rate of 1.5 cents on each $100 of assessed valuation by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.

    (b) Then subtracting the amount of unencumbered money in the fund on May 1 of the current fiscal year.

    (c) Then setting the rate so that the revenue from the tax does not exceed the amount resulting from the calculations made in paragraphs (a) and (b).

    2.  The tax so levied and its proceeds, must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

    3.  The proceeds of this tax must be remitted in the manner provided for in NRS 361.745 to the state [treasurer] controller for credit to the fund.

    Sec. 63.  NRS 428.285 is hereby amended to read as follows:

    428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

    2.  In addition to the levies provided in NRS 428.050 and 428.185 and any tax levied pursuant to NRS 450.425, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.


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ê2001 Statutes of Nevada, Page 2927 (Chapter 575, SB 489)ê

 

amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

    3.  For each fiscal year beginning on or after July 1, 1989, the board of county commissioners of each county shall remit to the state [treasurer] controller from the money in the fund an amount of money equivalent to 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the supplemental fund.

    4.  The tax so levied and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

    Sec. 64.  NRS 440.605 is hereby amended to read as follows:

    440.605  1.  For each divorce and annulment of marriage granted by any court in this state a report must be prepared and filed by the clerk of the district court with the state registrar. The information necessary to prepare the report must be furnished, with the complaint in the action, to the clerk of the district court by the complainant or his legal representative on the form furnished by the state registrar.

    2.  On the first business day of each month , the clerk of the district court shall forward to the state registrar the report of each divorce and annulment granted during the preceding calendar month.

    3.  Every clerk of the district court shall collect, at the time the complaint is filed in any action for divorce or annulment of marriage, a fee of $10, which he shall forward to the state [treasurer] controller to be deposited in the state general fund. This fee is in addition to the other costs in the case.

    Sec. 65.  NRS 533.290 is hereby amended to read as follows:

    533.290  1.  The assessments and charges provided for in NRS 533.285, when collected, must be deposited with the state [treasurer,] controller in the same manner as other special assessments, for credit to the water district account which is hereby created in the state general fund.

    2.  All bills against the water district account must be certified by the state engineer or his assistant and, when certified and approved by the state board of examiners, the state controller may draw his warrant therefor against the account.

    3.  An advance must not be made from a stream system account that has been depleted until the advance is reimbursable from the proceeds of any assessments levied against the particular stream system or water district for which any claims are presented.

    4.  Any money remaining in the water district account at the end of the current year must remain in the account and be available for use in the following year.

    5.  The state controller shall keep separate accounts of the money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against an account until he has been notified by the state engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada money advanced by the state out of the water distribution revolving account provided for in NRS 532.210.


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ê2001 Statutes of Nevada, Page 2928 (Chapter 575, SB 489)ê

 

    Sec. 66.  NRS 598.0975 is hereby amended to read as follows:

    598.0975  1.  Except as otherwise provided in subsection 1 of NRS 598.0999 and subsection [4,] 3, all fees, civil penalties and any other money collected pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive:

    (a) In an action brought by the attorney general, commissioner or director, must be deposited in the state general fund and may only be used to offset the costs of administering and enforcing the provisions of NRS 598.0903 to 598.0999, inclusive.

    (b) In an action brought by the district attorney of a county, must be deposited with the county treasurer of that county and accounted for separately in the county general fund.

    2.  Money in the account created pursuant to paragraph (b) of subsection 1 must be used by the district attorney of the county for:

    (a) The investigation and prosecution of deceptive trade practices against elderly or disabled persons; and

    (b) Programs for the education of consumers which are directed toward elderly or disabled persons, law enforcement officers, members of the judicial system, persons who provide social services and the general public.

    3.  [At the end of each fiscal year, the state treasurer shall:

    (a) Prepare a written report which specifies the total amount of money deposited in the state general fund pursuant to paragraph (a) of subsection 1; and

    (b) Submit the report to the director of the department of administration, the attorney general and the consumer affairs division of the department of business and industry.

    4.]  The provisions of this section do not apply to:

    (a) Criminal fines imposed pursuant to NRS 598.0903 to 598.0999, inclusive; or

    (b) Restitution ordered pursuant to NRS 598.0903 to 598.0999, inclusive, in an action brought by the attorney general. Money collected for restitution ordered in such an action must be deposited [with the state treasurer] by the attorney general and credited to the appropriate account of the consumer affairs division of the department of business and industry or the attorney general for distribution to the person for whom the restitution was ordered.

    Sec. 67.  NRS 599B.260 is hereby amended to read as follows:

    599B.260  1.  Except as otherwise provided in subsection [3,] 2, all fees, civil penalties and any other money collected pursuant to this chapter in an action brought by the attorney general must be deposited in the state general fund and may only be used to defray the costs of:

    (a) Administering and enforcing the provisions of this chapter.

    (b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers and salesmen, whether or not the sellers and salesmen are registered pursuant to this chapter.

    2.  [At the end of each fiscal year, the state treasurer shall:

    (a) Prepare a written report which specifies the total amount of money deposited in the state general fund pursuant to subsection 1; and

    (b) Submit the report to the director of the department of administration, the attorney general and the division.

    3.]  The provisions of this section do not apply to:

    (a) Criminal fines imposed pursuant to the provisions of this chapter; or

    (b) Restitution ordered in an action brought by the attorney general pursuant to the provisions of this chapter. Money collected for restitution ordered in such an action must be deposited [with the state treasurer] by the attorney general and credited to the appropriate account of the division or the attorney general for distribution to the person for whom the restitution was ordered.


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ê2001 Statutes of Nevada, Page 2929 (Chapter 575, SB 489)ê

 

ordered in such an action must be deposited [with the state treasurer] by the attorney general and credited to the appropriate account of the division or the attorney general for distribution to the person for whom the restitution was ordered.

    Sec. 68.  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] after 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 of the box 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 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 3 years, at which time the lessor shall deliver the package to the [division] state treasurer in his capacity as the administrator 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 3 years, the lessor shall deliver the package to the [division] state treasurer in his capacity as the administrator of unclaimed property [of the department of business and industry] pursuant to the provisions of chapter 120A of NRS.

    Sec. 69.  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] after 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 of the box 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 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 3 years, at which time the lessor shall deliver the package to the [division] state treasurer in his capacity as the administrator 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 2930 (Chapter 575, SB 489)ê

 

the administrator 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 3 years, the lessor shall deliver the package to the [division] state treasurer in his capacity as the administrator of unclaimed property [of the department of business and industry] pursuant to the provisions of chapter 120A of NRS.

    Sec. 70.  NRS 706.8825 is hereby amended to read as follows:

    706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited [with the state treasurer] by the administrator to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.

    2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

    3.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

    4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.

    5.  Any balance remaining in the fund does not revert to the state general fund. The administrator may transfer to the aging services division of the department of human resources any balance over $200,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. The money transferred to the aging services division must be administered in accordance with regulations adopted by the administrator of the aging services division pursuant to NRS 427A.070.

    6.  The administrator may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.

    Sec. 71.  NRS 706.8826 is hereby amended to read as follows:

    706.8826  1.  The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit [with the state treasurer] to the credit of the taxicab authority fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.

    2.  For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

    3.  Any certificate holder who is subject to an order of allocation by the taxicab authority shall pay to the taxicab authority $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder and a fee set by the taxicab authority that must not exceed 15 cents per trip for each compensable trip of each of those taxicabs, which may be added to the meter charge. The money so received by the taxicab authority must be [paid to the state treasurer for deposit] deposited in the state treasury to the credit of the taxicab authority fund.


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ê2001 Statutes of Nevada, Page 2931 (Chapter 575, SB 489)ê

 

    Sec. 71.1.  Section 3 of Assembly Bill No. 227 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 294A.420 is hereby amended to read as follows:

    294A.420  1.  If the secretary of state receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the secretary of state may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the first judicial district court.

    2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.170, 294A.180, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the secretary of state in the first judicial district court and deposited by the secretary of state for credit to the state general fund in the bank designated by the state treasurer.

    3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, the amount of the civil penalty is:

    (a) If the report is not more than 7 days late, $25 for each day the report is late.

    (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

    (c) If the report is more than 15 days late, $100 for each day the report is late.

    4.  For good cause shown, the secretary of state may waive a civil penalty that would otherwise be imposed pursuant to this section. If the secretary of state waives a civil penalty pursuant to this subsection, the secretary of state shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 71.3.  Section 25 of Assembly Bill No. 638 of this session is hereby amended to read as follows:

    Sec. 25.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate for public office or public [or judicial] officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. Except as otherwise provided in subsection 3, the amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.


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ê2001 Statutes of Nevada, Page 2932 (Chapter 575, SB 489)ê

 

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.

    4.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fund in the bank designated by the state treasurer.

    5.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 71.5.  Section 27 of Assembly Bill No. 638 of this session is hereby amended to read as follows:

    Sec. 27.  [Section] Sections 20 and 25 of this act [becomes] become effective at 12:01 a.m. on October 1, 2001.

    Sec. 71.7.  Section 1 of Senate Bill No. 87 of this session is hereby amended to read as follows:

    Section 1.  NRS 200.485 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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


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ê2001 Statutes of Nevada, Page 2933 (Chapter 575, SB 489)ê

 

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

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

    (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

    3.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    4.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state controller on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.

    5.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the health division of the department of human resources.

    6.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides protective services. If the court refers a child to an agency which provides protective services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

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


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ê2001 Statutes of Nevada, Page 2934 (Chapter 575, SB 489)ê

 

NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

    [7.] 8.  As used in this section:

    (a) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

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

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

    Sec. 71.9.  Section 7 of Senate Bill No. 466 of this session is hereby amended to read as follows:

    Sec. 7.  NRS 281.581 is hereby amended to read as follows:

    281.581  1.  A candidate or public or judicial officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorney’s fees. [The] Except as otherwise provided in subsection 3, the amount of the civil penalty is:

    (a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.

    (b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.

    (c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.

    2.  The commission may, for good cause shown, waive or reduce the civil penalty.

    3.  The civil penalty imposed for a violation of this section must not exceed the annual compensation for the office for which the statement was filed.

    4.  The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited by the commission in the account for credit to the state general fund in the bank designated by the state treasurer.

    [4.] 5.  If the commission waives a civil penalty pursuant to subsection 2, the commission shall:

    (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

    (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

    Sec. 72.  NRS 120A.050 is hereby repealed.

    Sec. 73.  1.  This section, sections 3, 4, 8, 9, 14 to 48, inclusive, 68, 69, 72 and 74 of this act become effective upon passage and approval.

    2.  Sections 1, 2, 5, 6, 7, 11, 12, 13, 49, 51 to 67, inclusive, and 70 to 71.9, inclusive, of this act become effective on July 1, 2001.

    3.  Section 10 of this act becomes effective at 12:01 a.m. on July 1, 2001.

    4.  Section 50 of this act becomes effective at 12:02 a.m. on July 1, 2001.


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ê2001 Statutes of Nevada, Page 2935 (Chapter 575, SB 489)ê

 

    Sec. 74.  The legislative counsel shall:

    1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer or agency whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

    2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer or agency whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer or agency.

________

 

CHAPTER 576, SB 491

Senate Bill No. 491–Committee on Finance

 

CHAPTER 576

 

AN ACT making appropriations to the Opportunity Village Foundation for the revitalization of certain thrift stores and to the Washoe Association for Retarded Citizens for creation of a pilot program to develop an employment model and reimbursement model; and providing other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the state general fund to Opportunity Village Foundation the sum of $200,000 for the revitalization of the thrift stores that are operated by the Opportunity Village Foundation.

    2.  Upon acceptance of the money appropriated by subsection 1, the Opportunity Village Foundation agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Opportunity Village Foundation through December 1, 2002; and

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

    Sec. 2.  1.  There is hereby appropriated from the state general fund to Washoe Association for Retarded Citizens the sum of $50,000 for creation of a pilot program to develop supportive employment and reimbursement models to assist clients in their efforts to find and maintain meaningful, productive employment.

    2.  Upon acceptance of the money appropriated by subsection 1, the Washoe Association for Retarded Citizens agrees to:

    (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2002, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Washoe Association for Retarded Citizens through December 1, 2002; and


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ê2001 Statutes of Nevada, Page 2936 (Chapter 576, SB 491)ê

 

    (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, that the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

    Sec. 3.  Any remaining balance of the appropriation made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 577, SB 496

Senate Bill No. 496–Committee on Finance

 

CHAPTER 577

 

AN ACT relating to the University and Community College System of Nevada; authorizing the issuance of revenue bonds to pay a portion of the cost of constructing buildings for student housing and dining at the Great Basin College; and providing  other matters properly relating thereto.

 

[Approved: June 13, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  Except as otherwise provided in this section, the terms used or referred to in this section have the meanings ascribed to them in the University Securities Law. As used in this section, unless the context otherwise requires:

    (a) “Net pledged revenues” means all the pledged revenues, without any deduction of any operation and maintenance expenses, except as otherwise provided in the definition of “pledged revenues.”

    (b) “Pledged revenues”:

         (1) Means, in connection with securities issued pursuant to this section to finance in part the project designated in paragraph (c):

             (I) The gross revenues derived from or otherwise pertaining to the operation of any one, all, or any combination of facilities enumerated in NRS 396.828 and situated on the campuses of the community colleges, including, without limitation, the Great Basin College, of the University and Community College System of Nevada, including, without limitation, the project, which revenues the board, by the resolution authorizing the securities issued pursuant to this section, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to those pledged revenues; and

             (II) The gross revenues derived from the imposition and collection of the fees designated in NRS 396.8395, payable by the students attending any of the community colleges, including, without limitation, the Great Basin College, of the University and Community College System of Nevada, subject to the limitation provided in subsection 5 of NRS 396.840;

         (2) Includes, in connection with students attending those community colleges, any fees of students authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the community colleges, including, without limitation, the Great Basin College, the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this section and any other securities payable therefrom are extended after the effective date of this section; and


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ê2001 Statutes of Nevada, Page 2937 (Chapter 577, SB 496)ê

 

Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the community colleges, including, without limitation, the Great Basin College, the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this section and any other securities payable therefrom are extended after the effective date of this section; and

         (3) Indicates a source of revenues and does not necessarily indicate all or any portion of such revenues in the absence of further qualification.

    (c) “Project” means the construction, other acquisition and improvement, or any combination thereof, of a building or buildings for student housing and dining at the Great Basin College, equipment and furnishings therefor, and other appurtenances relating thereto.

    2.  The board, on behalf and in the name of the university, is authorized by this section, as supplemented by the provisions of the University Securities Law:

    (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $3,000,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold;

    (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 5 years after the effective date of this section, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this section and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a);

    (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by this section; and

    (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this section except as otherwise expressly provided in this section.

    3.  This section does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

    4.  The powers conferred by this section are in addition to and supplemental to, and the limitations imposed by this section do not affect the powers conferred by any other law, general or special. Securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in the University Securities Law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section control.

    5.  The legislature intends that this section, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.


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ê2001 Statutes of Nevada, Page 2938 (Chapter 577, SB 496)ê

 

    6.  If any provision of this section or the application thereof to any person, thing or circumstances is held invalid, that invalidity does not affect the provisions or application of this section that can be given effect without the invalid provisions or application, and to this end the provisions of this section are declared to be severable.

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

________

 

CHAPTER 578, AB 123

Assembly Bill No. 123–Assemblymen de Braga, Chowning, Freeman, Gibbons, Anderson, Berman, Claborn, Collins, Giunchigliani, Koivisto, Lee, Manendo, Mortenson, Oceguera, Parks, Parnell and Smith

 

CHAPTER 578

 

AN ACT relating to health insurance; requiring the board of the public employees’ benefits program to comply with certain provisions concerning health insurance applicable to other insurers with regard to health insurance it provides through a plan of self-insurance; requiring the board to notify certain persons of a proposed change in the premium charged for or coverage of health insurance provided by the public employees’ benefits program; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 679B.130 is hereby amended to read as follows:

    679B.130  1.  The commissioner may adopt reasonable regulations for the administration of any provision of this code or chapters 616A to 617, inclusive, of NRS [.] and section 2 of this act.

    2.  A person who willfully violates any regulation of the commissioner is subject to such suspension or revocation of a certificate of authority or license, or administrative fine in lieu of such suspension or revocation, as may be applicable under this code or chapter 616A, 616B, 616C, 616D or 617 of NRS for violation of the provision to which the regulation relates. No penalty applies to any act done or omitted in good faith in conformity with any such regulation, notwithstanding that the regulation may, after the act or omission, be amended, rescinded or determined by a judicial or other authority to be invalid for any reason.

    Sec. 2.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

    If the board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.170 and 695G.200 to 695G.230, inclusive, in the same manner as an insurer that is licensed pursuant to Title 57 of NRS is required to comply with those provisions.

    Sec. 3.  NRS 287.0402 is hereby amended to read as follows:

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


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ê2001 Statutes of Nevada, Page 2939 (Chapter 578, AB 123)ê

 

    Sec. 4.  NRS 287.043 is hereby amended to read as follows:

    287.043  1.  The board shall:

    (a) Establish and carry out a program to be known as the public employees’ benefits program which:

         (1) Must include a program relating to group life, accident or health insurance, or any combination of these; and

         (2) May include a program to reduce taxable compensation or other forms of compensation other than deferred compensation,

for the benefit of all state officers and employees and other persons who participate in the program.

    (b) Ensure that the program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices.

    2.  In establishing and carrying out the program, the board shall:

    (a) Except as otherwise provided in this paragraph, negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 [which is desirous of obtaining] that wishes to obtain group insurance for its officers, employees and retired employees by participation in the program. The board may establish separate rates and coverage for those officers, employees and retired employees based on actuarial reports.

    (b) [Give] Except as otherwise provided in paragraph (c), provide public notice in writing of any proposed changes in rates or coverage to each participating public employer who may be affected by the changes. Notice must be provided at least 30 days before the effective date of the changes.

    (c) If a proposed change is a change in the premium charged for or coverage of health insurance, provide written notice of the proposed change to all state officers, employees, retired employees and other persons who participate in the program who may be affected by the proposed change. The notice must be provided at least 60 days before the date a state officer, employee, retired employee or other person is required to select or change his policy of health insurance.

    (d) Purchase policies of life, accident or health insurance, or any combination of these, or, if applicable, a program to reduce the amount of taxable compensation pursuant to 26 U.S.C. § 125, from any company qualified to do business in this state or provide similar coverage through a plan of self-insurance established pursuant to NRS 287.0433 for the benefit of all eligible public officers, employees and retired employees who participate in the program.

    [(d)] (e) Except as otherwise provided in this Title, develop and establish other employee benefits as necessary.

    [(e)] (f) Investigate and approve or disapprove any contract proposed pursuant to NRS 287.0479.

    [(f)] (g) Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 287.0402 to 287.049, inclusive, and section 2 of this act, including, without limitation, the establishment of:

         (1) Fees for applications for participation in the program and for the late payment of premiums or contributions;

         (2) Conditions for entry and reentry into the program by public agencies enumerated in NRS 287.010;

         (3) The levels of participation in the program required for employees of participating public agencies;


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ê2001 Statutes of Nevada, Page 2940 (Chapter 578, AB 123)ê

 

         (4) Procedures by which a group of participants in the program may leave the program pursuant to NRS 287.0479 and conditions and procedures for reentry into the program by [such] those participants; and

         (5) Specific procedures for the determination of contested claims.

    [(g)] (h) Appoint an independent certified public accountant. The accountant shall:

         (1) Provide an annual audit of the program; and

         (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    [(h)] (i) Appoint an attorney who specializes in employee benefits. The attorney shall:

         (1) Perform a biennial review of the program to determine whether the program complies with federal and state laws relating to taxes and employee benefits; and

         (2) Report to the board and the interim retirement and benefits committee of the legislature created pursuant to NRS 218.5373.

    3.  The board may use any services provided to state agencies and shall use the services of the purchasing division of the department of administration to establish and carry out the program.

    4.  The board may make recommendations to the legislature concerning legislation that it deems necessary and appropriate regarding the program.

    5.  The state and any other public employers that participate in the program are not liable for any obligation of the program other than indemnification of the board and its employees against liability relating to the administration of the program, subject to the limitations specified in NRS 41.0349.

    6.  As used in this section, “employee benefits” includes any form of compensation provided to a public employee except federal benefits, wages earned, legal holidays, deferred compensation and benefits available pursuant to chapter 286 of NRS.

    Sec. 5.  NRS 287.046 is hereby amended to read as follows:

    287.046  1.  Except as otherwise provided in subsection 6, any state or other participating officer or employee who elects to participate in the program may participate, and the department, agency, commission or public agency that employs the officer or employee shall pay the state’s share of the cost of the premiums or contributions for the program from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the program must authorize deductions from their compensation for the payment of premiums or contributions for the program. Any deduction from the compensation of an employee for the payment of a premium for health insurance must be based on the actual cost of providing that health insurance after deducting any amount of the premium which is paid by the department, agency, commission or public agency that employs the employee. As used in this subsection, “actual cost” includes any amount which has been approved by the board and which is paid by any department, agency, commission or public agency of this state for:

    (a) A program of supplemental insurance;

    (b) Subsidization of premiums for health insurance for dependents and retired participants;

    (c) Administrative costs relating to the provision of the health insurance; and


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ê2001 Statutes of Nevada, Page 2941 (Chapter 578, AB 123)ê

 

    (d) Costs required to maintain adequate reserves.

    2.  The department of personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for the program for persons retired from the service of the state who have continued to participate in the program. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:

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

    (b) For those persons who retire on or after January 1, 1994, with at least 5 years of state service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.

    3.  If the amount calculated pursuant to subsection 2 exceeds the actual premium or contribution for the plan of the program that the retired participant selects, the balance must be credited to the fund for the public employees’ benefits program created pursuant to NRS 287.0435.

    4.  For the purposes of subsection 2:

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

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

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

    6.  A senator or assemblyman who elects to participate in the program shall pay the entire premium or contribution for his insurance.

    Sec. 6.  This act becomes effective on January 1, 2002.

________

 

CHAPTER 579, AB 179

Assembly Bill No. 179–Committee on Government Affairs

 

CHAPTER 579

 

AN ACT relating to cities; expanding the authority of the governing body of an incorporated city in a larger county to annex certain territory; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 268.580 is hereby amended to read as follows:

    268.580  1.  The governing body of any city may extend the corporate limits of the city to include any territory which meets the general standards of subsection 2 and every part of which meets the requirements of subsection 3, 4, 5 or 6.

    2.  The total area proposed to be annexed must meet the following standards:

    (a) It must be contiguous to the annexing city’s boundaries at the time the annexation proceedings are instituted.


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ê2001 Statutes of Nevada, Page 2942 (Chapter 579, AB 179)ê

 

    (b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.

    (c) No part of the territory proposed to be annexed may be included within the boundaries of another incorporated city as those boundaries exist on July 1, 1983.

    (d) No part of the territory proposed to be annexed may be included within the boundaries of any unincorporated town as those boundaries exist on July 1, 1983, without the prior approval of the governing body of the unincorporated town in which the territory is located.

    3.  All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:

    (a) Has a total resident population density of two or more persons per acre of land included within its boundaries;

    (b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or

    (c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.

    4.  In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 3 if the area:

    (a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is [either] not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and

    (b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection 3.

The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.

    5.  A governing body may also annex any [area which] territory that does not meet the requirements of subsection 3 if the [area] territory is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city.

    6.  A governing body may also annex any [area which] territory that does not meet the requirements of subsection 3 if [the] :


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ê2001 Statutes of Nevada, Page 2943 (Chapter 579, AB 179)ê

 

    (a) The owners of record of not less than 75 percent of the individual lots or parcels of land within the [area] territory sign a petition requesting the governing body to annex the [area] territory to the municipality [.] ; or

    (b) The governing body receives a written statement from a governmental entity indicating that the governmental entity:

         (1) Owns the territory; and

         (2) Does not object to the annexation of that territory by the governing body.

    Sec. 2.  NRS 268.597 is hereby amended to read as follows:

    268.597  1.  As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may, subject to the provisions of section 1 of Assembly Bill No. 101 of this [act,] session, annex territory [which meets] :

    (a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the [area] territory sign a petition requesting the governing body to annex the [area] territory to the city [. If the petition] ;

    (b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or

    (c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:

         (1) Owns the territory; and

         (2) Does not object to the annexation of that territory by the governing body.

    2.  If:

    (a) A petition specified in paragraph (a) of subsection 1 is accepted by the governing body [,] ;

    (b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or

    (c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,

the governing body may proceed to adopt an ordinance annexing the [area] territory and to take such other action [as] that is appropriate to accomplish the annexation.

    3.  As used in this section, “municipal services” includes, without limitation:

    (a) Water;

    (b) Sewerage;

    (c) Police protection;


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ê2001 Statutes of Nevada, Page 2944 (Chapter 579, AB 179)ê

 

    (d) Fire protection;

    (e) Parks;

    (f) Maintenance of streets; and

    (g) Master planning for:

         (1) The development and use of land;

         (2) The provision of water and sewerage by the governing body; or

         (3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.

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

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

________

 

CHAPTER 580, AB 378

Assembly Bill No. 378–Assemblymen Freeman, Leslie, de Braga, Cegavske, Anderson, Arberry, Bache, Beers, Berman, Buckley, Chowning, Dini, Giunchigliani, Goldwater, Hettrick, Humke, Manendo, Marvel, Mortenson, Parks, Perkins, Smith and Tiffany

 

Joint Sponsors: Senators Rawson, Coffin and Mathews

 

CHAPTER 580

 

AN ACT relating to the University and Community College System of Nevada; making an appropriation to support the program to provide loans to nursing students; requiring the development of a plan to increase the capacity of the programs of nursing within the system; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  1.  There is hereby appropriated from the interest earned on the trust fund for public health created pursuant to NRS 439.605, as determined on July 1, 2001, to the Interim Finance Committee an amount equal to 25 percent of the available interest that has been earned on the trust fund, as determined on July 1, 2001, or the sum of $250,000, whichever is less. If the Interim Finance Committee approves the policy established by the Board of Regents of the University of Nevada pursuant to subsection 2, the Interim Finance Committee shall distribute the money appropriated by this subsection to the Board of Regents for the financial support of the program to provide loans to nursing students pursuant to NRS 396.890 to 396.898, inclusive.

    2.  Notwithstanding the provisions of NRS 396.890 to 396.898, inclusive, to the contrary, the Board of Regents shall establish a policy for administration of the loans pursuant to this section. The policy must include, without limitation:

    (a) The criteria for eligibility for receipt of a loan pursuant to this section;

    (b) The manner by which eligible students may apply for a loan;

    (c) The procedures for monitoring the repayment of a loan; and


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ê2001 Statutes of Nevada, Page 2945 (Chapter 580, AB 378)ê

 

    (d) A requirement that all payments of principal and interest on all loans made pursuant to this section must be deposited in the trust fund for public health created pursuant to NRS 439.605.

    3.  The Board of Regents shall submit the policy established pursuant to subsection 2 to the Interim Finance Committee for approval. If the Interim Finance Committee approves the policy, the Interim Finance Committee shall distribute the money appropriated by subsection 1 to the Board of Regents.

    4.  If the money appropriated by subsection 1 is distributed to the Board of Regents, the Board of Regents shall use the money to provide loans for fees, books and living expenses pursuant to the:

    (a) Policy approved by the Interim Finance Committee pursuant to subsection 3; and

    (b) Provisions of NRS 396.890 to 396.898, inclusive, to the extent that those provisions do not conflict with the policy approved by the Interim Finance Committee,

to students who are enrolled in nursing programs of the University and Community College System of Nevada.

    5.  Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the trust fund for public health as soon as all payments of money committed have been made.

    Sec. 2.  On or before August 15, 2002, the Board of Regents of the University of Nevada shall develop a plan toward the goal of doubling the capacity of the programs of nursing of the University and Community College System to enroll students in programs of nursing from its capacity in school year 2000-2001. The Board of Regents shall include that plan as a separately identifiable component of its proposed biennial budget that is submitted pursuant to NRS 353.210 and set forth estimates of expenditures that would be necessary to carry out the plan.

    Sec. 3.  This act becomes effective on July 1, 2001.

________

 


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ê2001 Statutes of Nevada, Page 2946ê

 

CHAPTER 581, AB 637

Assembly Bill No. 637–Committee on Elections, Procedures, and Ethics

 

CHAPTER 581

 

AN ACT relating to elections; providing for a person without a street address to register to vote; clarifying who may sign a petition to fill a vacancy in a nomination for a nonpartisan office; allowing certain persons who change designations of political party affiliation to be independent or minor party candidates for partisan office; revising the requirements concerning certain requests for absent ballots and voting by persons who request absent ballots; revising the requirements for handling and maintaining election materials after an election; revising the requirements concerning the form, contents and filing of certain applications to register to vote; prohibiting the public disclosure of certain information concerning voters; providing for the verification of signatures on county and municipal petitions; removing the option of submitting supplements to certain county and municipal petitions; requiring notice to be given upon an appointment to fill a vacancy in an elected office; repealing the requirement that checklists of voters be created for elections; repealing the restriction on the length of time a voter may remain in a voting booth; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  “Facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

    Sec. 3.  1.  Except as otherwise provided in subsection 2, for the purposes of registering to vote, the address at which the voter actually resides is the street address assigned to the location at which the voter actually resides.

    2.  For the purposes of registering to vote, if the voter does not reside at a location that has been assigned a street address, the address at which the voter actually resides is a description of the location at which the voter actually resides. The description must identify the location with sufficient specificity to allow the county clerk to assign the location to a precinct.

    3.  The provisions of this section do not authorize a person to register to vote if he is not otherwise eligible to register to vote.

    Sec. 4.  NRS 293.010 is hereby amended to read as follows:

    293.010  As used in this Title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  NRS 293.040 is hereby amended to read as follows:

    293.040  “Clerk” means the election board officer designated or assigned to make the record of the election in the pollbook, tally list [,] and challenge list [and checklist] in the precinct or district in which such officer is appointed.

    Secs. 6-9.  (Deleted by amendment.)


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ê2001 Statutes of Nevada, Page 2947 (Chapter 581, AB 637)ê

 

    Sec. 10.  NRS 293.165 is hereby amended to read as follows:

    293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or state, as the case may be, subject to the provisions of subsections 4 and 5.

    2.  A vacancy occurring in a nonpartisan nomination after the close of filing and on or before the second Tuesday in August must be filled by filing a nominating petition that is signed by registered voters of the state, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the state, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in June and not later than the fourth Tuesday in August. The petition may consist of more than one document. Each document must bear the name of one county and must [not] be signed only by a person who is [not] a registered voter of that county [.] and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:

    (a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and

    (b) May be elected only at a general election and his name must not appear on the ballot for a primary election.

    3.  A vacancy occurring in a nonpartisan nomination after the second Tuesday in August and on or before the second Tuesday in September must be filled by the person who receives the next highest vote for the nomination in the primary.

    4.  No change may be made on the ballot after the second Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name must remain on the ballot and, if elected, a vacancy exists.

    5.  All designations provided for in this section must be filed before 5 p.m. on the second Tuesday in September. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed before 5 p.m. on the date the designation is filed.

    Sec. 11.  NRS 293.176 is hereby amended to read as follows:

    293.176  1.  Except as otherwise provided in subsection 2, no person may be a candidate of a major political party for partisan office in any election if he has changed:

    (a) The designation of his political party affiliation; or

    (b) His designation of political party from nonpartisan to a designation of a political party affiliation,

on an application to register to vote in the State of Nevada or in any other state during the time beginning on September 1 preceding the closing filing date for that election and ending on the date of that election whether or not his previous registration was still effective at the time of the change in party designation.


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ê2001 Statutes of Nevada, Page 2948 (Chapter 581, AB 637)ê

 

    2.  The provisions of subsection 1 do not apply to any person who is a candidate of a political party that was not qualified pursuant to NRS 293.171 on the September 1 next preceding the closing filing date for the election.

    Sec. 12.  NRS 293.251 is hereby amended to read as follows:

    293.251  If a registrar of voters’ register or an election board register is kept by computer, the register must include all the information contained in the original applications to register to vote.

    Sec. 13.  NRS 293.273 is hereby amended to read as follows:

    293.273  1.  Except as otherwise provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls must open at 7 a.m. and close at 7 p.m.

    2.  Whenever at any election all the votes of the precinct or district, as shown on the [checklist and] roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.

    3.  Upon opening the polls , one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.

    4.  No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this Title.

    Sec. 14.  NRS 293.303 is hereby amended to read as follows:

    293.303  1.  A person applying to vote may be challenged:

    (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

    (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

    2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

    (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;

    (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

    (c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

    (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

    (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.


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ê2001 Statutes of Nevada, Page 2949 (Chapter 581, AB 637)ê

 

    3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

    4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

    5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.

    6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

    7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.

    8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

    (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

    (b) Brings before the election board officers a person who is at least 18 years [old] of age who:

         (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

         (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

    9.  The election board officers shall record the name of the challenged person and the result of the challenge on the challenge list . [, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.]

    Sec. 15.  NRS 293.3095 is hereby amended to read as follows:

    293.3095  1.  A person who, during the 6 months immediately preceding an election, [mails] distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) [Mail] Distribute the form prescribed by the secretary of state, which must, in 14-point type or larger:

         (1) Identify the person who is [mailing] distributing the form;

         (2) Include a notice stating, “This is a request for an absent ballot.”; and

         (3) State that by returning the form, the form will be submitted to the county clerk;

    (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide written notice to the county clerk of each county to which a form will be [mailed] distributed of the number of forms to be [mailed] distributed to voters in the county and the date of the [mailing] distribution of the forms; and

    (c) Not mail such a form later than 21 days before the election.


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ê2001 Statutes of Nevada, Page 2950 (Chapter 581, AB 637)ê

 

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 16.  NRS 293.313 is hereby amended to read as follows:

    293.313  1.  Except as otherwise provided in NRS 293.272 and 293.502, a registered voter who provides sufficient written notice to the county clerk [,] may vote an absent ballot as provided in this chapter.

    2.  A registered voter who:

    (a) Is at least 65 years [old;] of age; or

    (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.

    3.  As used in this section, “sufficient written notice” means a:

    (a) Written request for an absent ballot which is signed by the registered voter and returned to the county clerk in person or by mail [;] or facsimile machine;

    (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and returned to the county clerk in person or by mail [;] or facsimile machine; or

    (c) Form provided by the Federal Government.

    4.  A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for both the primary and general elections unless otherwise specified in the request.

    5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 17.  NRS 293.315 is hereby amended to read as follows:

    293.315  1.  A registered voter referred to in NRS 293.313 may, at any time before 5 p.m. on the [Tuesday] seventh calendar day preceding any election, make an application to that clerk for an absent voter’s ballot. The application must be made available for public inspection.

    2.  When the voter has identified himself to the satisfaction of the clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

    3.  A county clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy such information.

    Sec. 18.  NRS 293.3157 is hereby amended to read as follows:

    293.3157  1.  Any registered voter of this state who resides outside the continental United States may use a facsimile machine to request an absent ballot.

    2.  The county clerk shall use a facsimile machine to send an absent ballot to the registered voter.

    3.  The registered voter shall mail his absent ballot to the county clerk.

    4.  The secretary of state shall adopt regulations to carry out the provisions of this section.


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ê2001 Statutes of Nevada, Page 2951 (Chapter 581, AB 637)ê

 

    [5.  As used in this section, “facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.]

    Sec. 19.  NRS 293.330 is hereby amended to read as follows:

    293.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

    2.  [If the] Except as otherwise provided in subsection 3, if an absent voter who has [received] requested a ballot by mail applies to vote the ballot in person at:

    (a) The [county clerk’s office,] office of the county clerk, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

    (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

    3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

    (a) Provides satisfactory identification;

    (b) Is a registered voter who is otherwise entitled to vote; and

    (c) Signs an affirmation under penalty of perjury on a form prepared by the secretary of state declaring that the voter has not voted during the election.

    4.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 20.  NRS 293.373 is hereby amended to read as follows:

    293.373  If paper ballots or ballots which are voted by punching a card are used:

    1.  After the tally lists have been completed, the [counting board officers shall:

    (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

    (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

    (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.


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ê2001 Statutes of Nevada, Page 2952 (Chapter 581, AB 637)ê

 

    2.  The] voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county clerk.

    [3.] 2.  The other pollbooks, tally lists and election board register must be returned to the county clerk.

    Sec. 21.  NRS 293.391 is hereby amended to read as follows:

    293.391  1.  The voted ballots, rejected ballots, spoiled ballots, [tally lists, pollbooks,] challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 , and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk . [, and] The tally lists and pollbooks collected pursuant to NRS 293B.400 must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months [. All] and all such sealed materials must be destroyed immediately after the preservation period. A notice of the destruction must be published by the clerk in at least one newspaper of general circulation in the county not less than 2 weeks before the destruction.

    2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    [2.] 3.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the board of county commissioners are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the county clerk.

    [3.] 4.  A contestant of an election may inspect all of the material regarding that election which is preserved pursuant to subsection 1 [,] or 2, except the voted ballots.

    [4.] 5.  The voted ballots deposited with the county clerk are not subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of such judge, body or board.

    Sec. 22.  NRS 293.507 is hereby amended to read as follows:

    293.507  1.  The secretary of state shall prescribe:

    (a) A standard form for applications to register to vote; and

    (b) A special form for registration to be used in a county where registrations are performed and records of registration are kept by computer.

    2.  The county clerks shall provide forms for applications to register to vote to field registrars in the form and number prescribed by the secretary of state.

    3.  A form for an application to register to vote must include a duplicate copy [marked as the] or receipt to be retained by the applicant upon completion of the form.

    4.  The form for an application to register to vote must include:

    (a) A line for use by the county clerk to enter the number:


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ê2001 Statutes of Nevada, Page 2953 (Chapter 581, AB 637)ê

 

         (1) Indicated on the voter’s social security card, driver’s license or identification card issued by the department of motor vehicles and public safety, or any other identification card issued by an agency of this state or the Federal Government that contains:

             (I) [A unique] An identifying number; and

             (II) A photograph or physical description of the voter; or

         (2) Issued to the voter pursuant to subsection 5.

    (b) A line on which to enter the address at which the voter actually resides [. The application must not be accepted if the address is listed as a post office box unless a street address has not been assigned to his residence.] , as set forth in section 3 of this act.

    (c) A notice that the voter may not list [his address as] a business as the address required pursuant to paragraph (b) unless he actually resides there.

    (d) A line on which to enter an address at which the voter may receive mail, including, without limitation, a post office box or general delivery.

    5.  If a voter does not:

    (a) Possess any of the identification set forth in subparagraph (1) of paragraph (a) of subsection 4; or

    (b) Wish to provide to the county clerk the number indicated on that identification,

the county clerk shall issue [a unique] an identification number to the voter.

    6.  The secretary of state shall adopt regulations to carry out the provisions of subsections 4 and 5.

    Sec. 23.  NRS 293.510 is hereby amended to read as follows:

    293.510  1.  In counties where computers are not used to register voters, the county clerk shall:

    (a) Segregate original applications to register to vote according to the precinct in which the registered voters reside and arrange the applications in each precinct or district in alphabetical order. The applications for each precinct or district must be kept in a separate binder which is marked with the number of the precinct or district. This binder constitutes the election board register.

    (b) Arrange the duplicate applications of registration in alphabetical order for the entire county and keep them in binders or a suitable file which constitutes the registrar of voters’ register.

    2.  In any county where a computer is used to register voters, the county clerk shall:

    (a) Arrange the original applications to register to vote [in alphabetical order] for the entire county [and keep them in binders or a suitable file which constitutes] in a manner in which an original application may be quickly located. These original applications constitute the registrar of voters’ register.

    (b) Segregate the applications to register to vote in a computer file according to the precinct or district in which the registered voters reside, and for each precinct or district have printed a computer listing which contains the applications to register to vote in alphabetical order. These listings of applications to register to vote must be placed in separate binders which are marked with the number of the precinct or district. These binders constitute the election board registers.

    Sec. 24.  NRS 293.5235 is hereby amended to read as follows:

    293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides.


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ê2001 Statutes of Nevada, Page 2954 (Chapter 581, AB 637)ê

 

county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

    2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

    3.  The applicant must complete and sign the application.

    4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

    5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail [a notice] to the applicant [informing him that:

    (a) He] :

    (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

    (b) [The] A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked [.] or personally delivered.

    6.  If the county clerk determines that the application is not complete, he shall, as soon as possible, mail a notice to the applicant informing him that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after he receives the information, mail [a notice] to the applicant [informing him that:

    (a) He] :

    (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

    (b) [The] A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

The applicant shall be deemed to be registered or to have corrected the information in the register as of the date the application is postmarked [.] or personally delivered. If the applicant does not provide the additional information within the prescribed period, the application is void.

    7.  The secretary of state shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this state. The application to register to vote by mail must include a notice in at least 10-point type which states:

 

    NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.


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ê2001 Statutes of Nevada, Page 2955 (Chapter 581, AB 637)ê

 

    8.  The county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

    9.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on his application to register to vote in the manner set forth in NRS 293.530.

    10.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

    11.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

    12.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the [county clerk’s] office of the county clerk within 10 days after it is completed.

    13.  A person who willfully violates any of the provisions of subsection 10, 11 or 12 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    14.  The secretary of state shall adopt regulations to carry out the provisions of this section.

    Sec. 25.  NRS 293.524 is hereby amended to read as follows:

    293.524  1.  The department of motor vehicles and public safety shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or for an identification card.

    2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.

    3.  For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy [marked as the] or receipt to be retained by the applicant upon completion of the form. The department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election , the applications must be forwarded daily.

    4.  The county clerk shall accept any application to register to vote which is completed by the last day to register if he receives the application not later than 5 days after the close of registration. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If he determines that the application is complete, he shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application.


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ê2001 Statutes of Nevada, Page 2956 (Chapter 581, AB 637)ê

 

shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

    5.  The county clerk shall use any form submitted to the department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

    6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that his records have been corrected.

    7.  The secretary of state shall, with the approval of the director, adopt regulations to:

    (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

    (b) Prescribe the contents of any forms or applications which the department is required to distribute pursuant to this section; and

    (c) Provide for the transfer of the completed applications of registration from the department to the appropriate county clerk for inclusion in the election board registers and registrar of voters’ register.

    Sec. 26.  NRS 293.558 is hereby amended to read as follows:

    293.558  1.  The county clerk shall not disclose the identification number of a registered voter to the public, including, without limitation:

    (a) In response to an inquiry received by the county clerk; or

    (b) By inclusion on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.

    2.  A registered voter may submit a written request to the county clerk to have his address and telephone number withheld from the public. Upon receipt of such a request, the county clerk shall not disclose the address or telephone number of the registered voter to the public, including, without limitation:

    (a) In response to an inquiry received by the county clerk; or

    (b) By inclusion on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557 [and 293C.290.


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ê2001 Statutes of Nevada, Page 2957 (Chapter 581, AB 637)ê

 

    2.  After the county clerk receives a request from a registered voter pursuant to subsection 1, the person’s address must be withheld from any such list.] , 293C.290 or 293C.542.

    3.  No information other than the address , telephone number and identification number of a registered voter may be withheld from [a list of registered voters.] the public.

    Sec. 27.  NRS 293.565 is hereby amended to read as follows:

    293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

    (a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;

    (b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and

    (c) The full text of each proposed constitutional amendment.

    2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

    (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

    (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

    (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

    3.  At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

    4.  [The county clerk shall include in each sample ballot for a primary election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    5.]  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

    Sec. 28.  NRS 293C.267 is hereby amended to read as follows:

    293C.267  1.  Except as otherwise provided in subsection 2 and NRS 293C.297, at all elections held pursuant to the provisions of this chapter, the polls must open at 7 a.m. and close at 7 p.m.

    2.  Whenever at any election all the votes of the precinct or district, as shown on the [checklist and] roster, have been cast, the election board officers shall close the polls and the counting of votes must begin and continue without unnecessary delay until the count is completed.


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ê2001 Statutes of Nevada, Page 2958 (Chapter 581, AB 637)ê

 

    3.  Upon opening the polls, one of the election board officers shall cause a proclamation to be made so that all present may be aware of the fact that applications of registered voters to vote will be received.

    4.  No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary to keep order and carry out the provisions of this chapter.

    Sec. 29.  NRS 293C.292 is hereby amended to read as follows:

    293C.292  1.  A person applying to vote may be challenged:

    (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

    (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

    2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

    (a) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

    (b) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

    (c) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.

    3.  If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

    4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293C.295.

    5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.

    6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides.

    7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

    (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

    (b) Brings before the election board officers a person who is at least 18 years [old] of age who:


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ê2001 Statutes of Nevada, Page 2959 (Chapter 581, AB 637)ê

 

         (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

         (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

    8.  The election board officers shall record the name of the challenged person and the result of the challenge on the challenge list . [, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person the result of the challenge.]

    Sec. 30.  NRS 293C.306 is hereby amended to read as follows:

    293C.306  1.  A person who, during the 6 months immediately preceding an election, [mails] distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

    (a) [Mail] Distribute the form prescribed by the secretary of state, which must, in 14-point type or larger:

         (1) Identify the person who is [mailing] distributing the form;

         (2) Include a notice stating, “This is a request for an absent ballot.”; and

         (3) State that by returning the form , the form will be submitted to the city clerk;

    (b) Not later than 14 days before [mailing] distributing such a form, [notify] provide written notice to the city clerk of each city to which a form will be [mailed] distributed of the number of forms to be [mailed] distributed to voters in the city and the date of the [mailing] distribution of the forms; and

    (c) Not mail such a form later than 21 days before the election.

    2.  The provisions of this section do not authorize a person to vote by absent ballot if he is not otherwise eligible to vote by absent ballot.

    Sec. 31.  NRS 293C.310 is hereby amended to read as follows:

    293C.310  1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk [,] may vote an absent ballot as provided in this chapter.

    2.  A registered voter who:

    (a) Is at least 65 years [old;] of age; or

    (b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter must include in his request a description of his physical disability or condition.

    3.  As used in this section, “sufficient written notice” means a:

    (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail [;] or facsimile machine;

    (b) Form prescribed by the secretary of state that is completed and signed by the registered voter and returned to the city clerk in person or by mail [;] or facsimile machine; or

    (c) Form provided by the Federal Government.

    4.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for the primary city election and the general city election unless otherwise specified in the request.

    5.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person.


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ê2001 Statutes of Nevada, Page 2960 (Chapter 581, AB 637)ê

 

fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 32.  NRS 293C.312 is hereby amended to read as follows:

    293C.312  1.  A registered voter referred to in NRS 293C.310 may, at any time before 5 p.m. on the [Tuesday] seventh calendar day preceding any election, make an application to the city clerk for an absent voter’s ballot. The application must be made available for public inspection.

    2.  When the voter has identified himself to the satisfaction of the city clerk, he is entitled to receive the appropriate ballot or ballots, but only for his own use.

    3.  A city clerk who allows a person to copy information from an application for an absent ballot is immune from any civil or criminal liability for any damage caused by the distribution of that information, unless he knowingly and willingly allows a person who intends to use the information to further an unlawful act to copy the information.

    Sec. 33.  NRS 293C.315 is hereby amended to read as follows:

    293C.315  1.  Any registered voter of this state who resides outside the continental United States may use a facsimile machine to request an absent ballot.

    2.  The city clerk shall use a facsimile machine to send an absent ballot to the registered voter.

    3.  The registered voter shall mail his absent ballot to the city clerk.

    4.  The secretary of state shall adopt regulations to carry out the provisions of this section.

    [5.  As used in this section, “facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.]

    Sec. 34.  NRS 293C.330 is hereby amended to read as follows:

    293C.330  1.  When an absent voter receives his ballot, he must mark and fold it, if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

    2.  [If the] Except as otherwise provided in subsection 3, if an absent voter who has [received] requested a ballot by mail applies to vote the ballot in person at:

    (a) The [city clerk’s office,] office of the city clerk, he must mark or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

    (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Canceled.”

    3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

    (a) Provides satisfactory identification;


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ê2001 Statutes of Nevada, Page 2961 (Chapter 581, AB 637)ê

 

    (b) Is a registered voter who is otherwise entitled to vote; and

    (c) Signs an affirmation under penalty of perjury on a form prepared by the secretary of state declaring that the voter has not voted during the election.

    4.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 35.  NRS 293C.375 is hereby amended to read as follows:

    293C.375  If paper ballots or ballots which are voted by punching a card are used:

    1.  After the tally lists have been completed, the [counting board officers shall:

    (a) File the voted ballots on a string, enclose and seal them in an envelope marked “Election returns, voted ballots.”

    (b) File the rejected ballots on a string, enclose and seal them in an envelope marked “Election returns, rejected ballots.”

    (c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked “Election returns” and seal the envelope.

    2.  The] voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.

    [3.] 2.  The other pollbooks, tally lists and election board register must be returned to the city clerk.

    Sec. 36.  NRS 293C.390 is hereby amended to read as follows:

    293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, [tally lists, pollbooks,] challenge lists, voting receipts, records printed on paper of voted ballots collected pursuant to NRS 293B.400 , and stubs of the ballots used, enclosed and sealed , must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk . [and] The tally lists and pollbooks collected pursuant to NRS 293B.400 must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months [. All] and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city, or if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

    2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

    [2.] 3.  The pollbooks containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.


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the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

    [3.] 4.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 [,] or 2, except the voted ballots.

    [4.] 5.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

    Sec. 37.  NRS 293C.530 is hereby amended to read as follows:

    293C.530  1.  At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

    (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

    (b) The sample ballot must also include a notice in at least 10-point bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

    2.  [The city clerk shall include in each sample ballot for a primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.

    3.]  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

    Sec. 38.  NRS 293C.540 is hereby amended to read as follows:

    293C.540  Not later than 3 days before the day on which any regular or special city election is held, the county clerk shall deliver to the city clerk [:

    1.  The] the official register for the city.

    [2.  The checklists for each ward or voting district therein.]

    Sec. 39.  Chapter 295 of NRS is hereby amended by adding thereto the provisions set forth as sections 40 to 44, inclusive, of this act.

    Sec. 40.  1.  Upon submission of a petition containing signatures that are required to be verified pursuant to NRS 295.095, 295.140 or 295.205, the county or city clerk shall determine the total number of signatures on the petition.

    2.  If the county or city clerk finds that the total number of signatures on the petition is:

    (a) One hundred percent or more of the required number of signatures of registered voters, the county or city clerk shall examine the signatures for verification as provided in section 41 of this act.

    (b) Less than 100 percent of the required number of signatures of registered voters:

         (1) The petition shall be deemed insufficient; and

         (2) The county or city clerk shall not examine the signatures for verification as provided in section 41 of this act.


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    Sec. 41.  1.  If the total number of signatures on the petition is 500 or less, the county or city clerk shall examine every signature on the petition for verification.

    2.  Except as otherwise provided in this subsection, if the total number of signatures on the petition is more than 500, the county or city clerk shall examine the signatures only by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county or city clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500, or 5 percent, of the signatures, whichever is greater. If the examination of the random sample shows that the number of valid signatures is less than 90 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient pursuant to subsection 5. If the examination of the random sample shows that the number of valid signatures is 90 percent or more but less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the county or city clerk shall continue to examine the signatures for verification until he has:

    (a) Determined that 100 percent of the number of signatures of registered voters needed to certify the petition sufficient are valid; or

    (b) Examined every signature for verification.

    3.  In determining from the records of registration the number of registered voters who have signed the petition, and in examining the signatures on the petition for verification, the county or city clerk may use any file or list of registered voters maintained by his office or facsimiles of the signatures of voters. If the county or city clerk uses the file of applications to register to vote, he shall ensure that every application in the file is examined, including any application in his possession which may not yet be entered into his records. The county or city clerk may rely on the appearance of the signature, and the address and date included with each signature, in making his determination. Notwithstanding the provisions of this subsection, a petition must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the file or list of registered voters used by the county or city clerk and the identity of the signer can be ascertained from the face of the petition.

    4.  If necessary, the board of county commissioners or the governing body of the city shall allow the county or city clerk additional assistants for examining the signatures and provide for their compensation.

    5.  If, pursuant to the examination of signatures for verification as required by this section, the number of valid signatures is:

    (a) One hundred percent or more of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified sufficient.

    (b) Less than 100 percent of the number of signatures of registered voters needed to certify the petition sufficient, the petition must be certified insufficient.

    Sec. 42.  1.  Upon the determination of the sufficiency or insufficiency of the petition pursuant to section 40 or 41 of this act, the county or city clerk shall:


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    (a) Attach a certificate to the petition indicating the date and the sufficiency or insufficiency of the petition;

    (b) If the petition is certified insufficient, specify the deficiencies in the petition that render it insufficient;

    (c) If the petition was submitted pursuant to NRS 295.095 or 295.205, promptly send a copy of the certificate by registered or certified mail to the petitioners’ committee;

    (d) If the petition was submitted pursuant to NRS 295.140, promptly send a copy of the certificate by registered or certified mail to the person who submitted the petition; and

    (e) Retain the petition and the original certificate at the office of the county or city clerk.

    2.  The petition shall be deemed filed with the county or city clerk as of the date of the certificate showing the petition to be validly signed by the number of registered voters needed to certify the petition sufficient.

    Sec. 43.  After the submission of the petition to the county or city clerk for verification pursuant to sections 40 to 44, inclusive, of this act, the petition must not be handled by any person other than an employee of the office of the county or city clerk until the county or city clerk has attached a certificate to the petition pursuant to section 42 of this act.

    Sec. 44.  The county or city clerk shall allow the person who submitted the petition or a member of the petitioners’ committee, if any, to witness:

    1.  The determination of the total number of signatures on the petition; and

    2.  The examination of the signatures on the petition for verification.

    Sec. 45.  (Deleted by amendment.)

    Sec. 46.  NRS 295.095 is hereby amended to read as follows:

    295.095  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

    2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

    3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

    4.  A petition must be [filed] submitted to the county clerk for verification, pursuant to sections 40 to 44, inclusive, of this act, not later than:

    (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the county clerk; or

    (b) One hundred and thirty days before the election,

whichever is earlier.

    5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for [filing.] submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4.


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obtained within the period specified in subsection 4. Each document must contain , or have attached thereto throughout its circulation , the full text of the ordinance proposed or sought to be reconsidered.

    6.  Each document of a petition must have attached to it when [filed] submitted an affidavit executed by the circulator thereof stating:

    (a) That he personally circulated the document;

    (b) The number of signatures thereon;

    (c) That all the signatures were affixed in his presence;

    (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

    (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

    7.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

    (a) Documents included in the petition;

    (b) Pages in each document; and

    (c) Signatures that the person declares are included in the petition.

    Sec. 47.  NRS 295.105 is hereby amended to read as follows:

    295.105  1.  Within 20 days after the petition is [filed,] submitted to the county clerk pursuant to NRS 295.095, the county clerk shall complete a certificate as to its sufficiency . [, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

    2.  A petition must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the county clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of the certificate. A supplementary petition must comply with the requirements of subsections 5 and 6 of NRS 295.095, and within 5 days after it is filed the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

    3.] 2.  If a petition [or amended petition] is certified sufficient, or if a petition [or amended petition] is certified insufficient and the petitioners’ committee does not elect to [amend or] request board review under subsection [4] 3 within the time required, the county clerk shall promptly present his certificate to the board and the certificate is a final determination as to the sufficiency of the petition.

    [4.] 3.  If a [petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended] petition has been certified insufficient, the committee may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.


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    [5.] 4.  A final determination as to the sufficiency of a petition is subject to [court] judicial review. A final determination of insufficiency, even if sustained upon [court] judicial review, does not prejudice the filing of a new petition for the same purpose.

    Sec. 48.  NRS 295.115 is hereby amended to read as follows:

    295.115  1.  When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If , within 30 days after the date the petition was finally determined sufficient, the board fails to adopt [a] the proposed initiative ordinance without any change in substance [within 60 days] or fails to repeal the referred ordinance [within 30 days after the date the petition was finally determined sufficient, it] , the board shall submit the proposed or referred ordinance to the registered voters of the county.

    2.  The vote of the county on [a] the proposed or referred ordinance must be held at the next primary or general election. Copies of the proposed or referred ordinance must be made available at the polls.

    3.  An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of that request, the petition has no further effect and all proceedings thereon must be terminated.

    Sec. 49.  NRS 295.140 is hereby amended to read as follows:

    295.140  1.  Whenever 10 percent or more of the registered voters of any county of this state, as shown by the number of registered voters who voted at the last preceding general election, express their wish that any act or resolution enacted by the legislature, and pertaining to that county only, be submitted to the vote of the people, they shall [file with] submit to the county clerk [, not less than 4 months before the time set for the next succeeding general election,] a petition, which must contain the names and residence addresses of at least 10 percent of the registered voters of that county, demanding that a referendum vote be had by the people of the county at the next primary or general election upon the act or resolution on which the referendum is demanded.

    2.  A petition must be submitted to the county clerk for verification, pursuant to sections 40 to 44, inclusive, of this act, not later than 130 days before the time set for the next succeeding general election.

    3.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. Each document must contain, or have attached thereto throughout its circulation, the full text of the act or resolution on which the referendum is demanded.

    4.  Each document of a petition must have attached to it when submitted an affidavit executed by the circulator thereof stating:

    (a) That he personally circulated the document;

    (b) The number of signatures thereon;


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ê2001 Statutes of Nevada, Page 2967 (Chapter 581, AB 637)ê

 

    (c) That all the signatures were affixed in his presence;

    (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

    (e) That each signer had an opportunity before signing to read the full text of the act or resolution on which the referendum is demanded.

    5.  The county clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

    (a) Documents included in the petition;

    (b) Pages in each document; and

    (c) Signatures that the person declares are included in the petition.

    6.  Within 20 days after a petition is submitted, the county clerk shall complete a certificate as to its sufficiency. Unless a request for review is filed pursuant to subsection 7, the certificate is a final determination as to the sufficiency of the petition.

    7.  If a petition is certified insufficient, the person who submitted the petition may, within 2 days after receiving a copy of the certificate, file a request that it be reviewed by the board of county commissioners. The board shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the determination of the board is a final determination as to the sufficiency of the petition.

    8.  A final determination as to the sufficiency of a petition is subject to judicial review. A final determination of insufficiency, even if sustained upon judicial review, does not prejudice the filing of a new petition for the same purpose.

    Sec. 50.  NRS 295.160 is hereby amended to read as follows:

    295.160  1.  [The] If the petition is determined to be sufficient, the county clerk shall [file the petition upon its receipt by him. At] , at the next primary or general election , [he shall] submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of that county.

    2.  The county clerk shall publish those questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.

    Sec. 51.  NRS 295.205 is hereby amended to read as follows:

    295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit:

    (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form;

    (b) Stating their names and addresses;

    (c) Specifying the address to which all notices to the committee are to be sent; and

    (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

    2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

    3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

    4.  A petition must be [filed] submitted to the city clerk for verification, pursuant to sections 40 to 44, inclusive, of this act, not later than:


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ê2001 Statutes of Nevada, Page 2968 (Chapter 581, AB 637)ê

 

    (a) One hundred and eighty days after the date that the affidavit required by subsection 1 is filed with the city clerk; or

    (b) One hundred and thirty days before the election,

whichever is earlier.

    5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style, numbered and assembled as one instrument for [filing.] submission. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain , or have attached thereto throughout its circulation , the full text of the ordinance proposed or sought to be reconsidered.

    6.  Each document of a petition must have attached to it when [filed] submitted an affidavit executed by the circulator thereof stating:

    (a) That he personally circulated the document;

    (b) The number of signatures thereon;

    (c) That all the signatures were affixed in his presence;

    (d) That he believes them to be genuine signatures of the persons whose names they purport to be; and

    (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

    7.  The city clerk shall issue a receipt to any person who submits a petition pursuant to this section. The receipt must set forth the number of:

    (a) Documents included in the petition;

    (b) Pages in each document; and

    (c) Signatures that the person declares are included in the petition.

    Sec. 52.  NRS 295.210 is hereby amended to read as follows:

    295.210  1.  Within 20 days after the petition is [filed,] submitted to the city clerk pursuant to NRS 295.205, the city clerk shall [examine the signatures thereon,] complete a certificate as to its sufficiency . [, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

    2.  If more than 500 names are signed on the documents filed with him, the city clerk must examine the signatures by sampling them randomly for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the city clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 signatures or 5 percent of the signatures, whichever is greater.

    3.  A petition must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature on the face thereof does not exactly correspond with the signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of the certificate. A supplementary petition must comply with the requirements of subsections 5 and 6 of NRS 295.205, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.


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ê2001 Statutes of Nevada, Page 2969 (Chapter 581, AB 637)ê

 

complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

    4.] 2.  If a petition [or amended petition] is certified sufficient, or if a petition [or amended petition] is certified insufficient and the petitioners’ committee does not elect to [amend or] request council review under subsection [5] 3 within the time required, the city clerk must promptly present his certificate to the council and the certificate is a final determination as to the sufficiency of the petition.

    [5.] 3.  If a [petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended] petition has been certified insufficient, the committee may, within 2 days after receiving the copy of the certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the council’s determination is a final determination as to the sufficiency of the petition.

    [6.] 4.  A final determination as to the sufficiency of a petition is subject to [court] judicial review. A final determination of insufficiency, even if sustained upon [court] judicial review, does not prejudice the filing of a new petition for the same purpose.

    Sec. 53.  NRS 295.215 is hereby amended to read as follows:

    295.215  1.  When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If , within 30 days after the date the petition was finally determined sufficient, the council fails to adopt [a] the proposed initiative ordinance without any change in substance [within 60 days] or fails to repeal the referred ordinance [within 30 days after the date the petition was finally determined sufficient, it] , the council shall submit the proposed or referred ordinance to the registered voters of the city.

    2.  The vote of the city on [a] the proposed or referred ordinance must be held at the next primary or general city election or primary or general election. Copies of the proposed or referred ordinance must be made available at the polls.

    3.  An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of that request the petition has no further effect and all proceedings thereon must be terminated.

    Sec. 54.  NRS 306.015 is hereby amended to read as follows:

    306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.

    2.  The notice of intent:

    (a) Must be signed by three registered voters who actually voted in this state or in the county, district or municipality electing the officer at the last preceding general election.

    (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.


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    (c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.

    3.  The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 60 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to [file] submit the petition to the filing officer as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

    4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.

    5.  Any person who signs a petition to recall any public officer may request that the county clerk remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

    6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of his right to participate in the recall of a public officer.

    7.  As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.

    Sec. 55.  (Deleted by amendment.)

    Sec. 56.  Chapter 283 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Upon making an appointment to fill a vacancy in an elected office, the appointing authority shall notify the filing officer for that elected office. The notice must include:

    (a) The name, residence address and telephone number of the appointed person;

    (b) The political party of the appointed person; and

    (c) The term of the appointment.

    2.  This section applies to each appointment to fill a vacancy in an elected office, including, without limitation, the initial appointment to fill a vacancy in a newly created elected office.

    3.  As used in this section, “filing officer” has the meaning ascribed to it in NRS 293.057.

    Sec. 57.  Section 5.070 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 67, is hereby amended to read as follows:

    Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.


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ê2001 Statutes of Nevada, Page 2971 (Chapter 581, AB 637)ê

 

    Sec. 58.  Section 5.060 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 616, is hereby amended to read as follows:

    Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

    Sec. 59.  Section 5.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 118, Statutes of Nevada 1985, at page 478, is hereby amended to read as follows:

    Sec. 5.070  Availability of list of registered voters.  If, for any purpose relating to a municipal election or to the candidates or issues involved in that election, any organization, group or person requests a list of the registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall [:] , except as otherwise provided in NRS 293.558:

    1.  Permit the organization, group or person to copy the voters’ names and addresses from the official register of voters; or

    2.  Furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.

    Sec. 60.  Section 5.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 489, is hereby amended to read as follows:

    Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

    Sec. 61.  (Deleted by amendment.)

    Sec. 62.  Section 5.070 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1416, is hereby amended to read as follows:

    Sec. 5.070  Availability of lists of registered voters.  If, for any purpose which relates to a municipal election or to the candidates or issues which are involved in that election, any organization, group or person requests a list of the registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, either permit that organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.


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ê2001 Statutes of Nevada, Page 2972 (Chapter 581, AB 637)ê

 

    Sec. 63.  Section 5.070 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 23, is hereby amended to read as follows:

    Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in that election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list upon payment of the cost established by state election law.

    Sec. 64.  Section 5.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to read as follows:

    Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official records of voters [shall:] shall, except as otherwise provided in NRS 293.558:

    1.  Permit the organization, group or person to copy the names and addresses of voters from the official register of voters; or

    2.  Furnish such a list upon payment of the cost established by state election law.

    Sec. 65.  Section 5.060 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 470, is hereby amended to read as follows:

    Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

    Sec. 66.  Section 5.060 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 913, is hereby amended to read as follows:

    Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall , except as otherwise provided in NRS 293.558, furnish such a list at a fee to be established by the city council.

    Sec. 67.  NRS 293.037, 293B.320 and 293C.537 are hereby repealed.

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ê2001 Statutes of Nevada, Page 2973ê

 

CHAPTER 582, SB 170

Senate Bill No. 170–Senators Rawson, James, Wiener, Titus, McGinness and Shaffer

 

Joint Sponsors: Assemblymen  Arberry, Mortenson, Manendo, Dini and Perkins

 

CHAPTER 582

 

AN ACT relating to culture; creating the Nevada cultural fund; revising the powers and duties of the state arts council; and providing other matters properly relating thereto.

 

[Approved: June 14, 2001]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  Chapter 233C 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 Nevada cultural fund is hereby created as a special revenue fund. The purposes of the fund are to:

    (a) Ensure a stable and healthy cultural climate in this state;

    (b) Advance and promote a meaningful role of the arts and humanities in the lives of individual persons, families and communities throughout this state; and

    (c) Stimulate the provision of additional funding from private sources to carry out the provisions of paragraphs (a) and (b).

The money in the fund must be used to augment and must not be used to replace or supplant any legislative appropriations to the council.

    2.  Except as otherwise provided in subsection 4, the fund is a continuing fund without reversion. The money in the fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Claims against the fund must be paid as other claims against the state are paid.

    3.  The council may accept gifts, grants and donations from any source for deposit in the fund.

    4.  The state board of examiners may, upon making a determination that any portion of any amount appropriated by the legislature for deposit in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

    Sec. 3.  The council shall administer the Nevada cultural fund and may expend only the amount of any gifts, grants, donations, interest and income credited to the fund to:

    1.  Provide resources for developing the artistic, administrative and financial stability of cultural organizations that serve and enrich communities throughout this state regarding the arts and humanities;

    2.  Support programs and projects that provide residents of and visitors to this state with access to a broad range of activities regarding the arts and humanities;

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ê2001 Statutes of Nevada, Page 2974 (Chapter 582, SB 170)ê

 

    3.  Encourage cultural organizations to reduce their deficits, to establish cash reserves and endowments and to engage in capital projects that will aid in their stabilization; and

    4.  Support initiatives and organizations that encourage access to, the awareness of and education in the arts.

    Sec. 4.  The council shall:

    1.  Adopt regulations establishing criteria and standards for the eligibility for and use of any funding to be provided by the council pursuant to section 3 of this act.

    2.  Report to each regular session of the legislature:

    (a) The amount of money expended from the Nevada cultural fund;

    (b) The specific purposes for which the money was expended; and

    (c) The sources from which the money was obtained.

    Sec. 5.  NRS 233C.090 is hereby amended to read as follows:

    233C.090  1.  The council shall stimulate throughout the state the presentation of the performing and fine arts and encourage artistic expression essential for the well-being of the arts, and shall make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of that year to the governor and the legislature on its progress in this regard.

    2.  The council [is hereby authorized to:] may:

    (a) Hold public and private hearings;

    (b) Enter into contracts, within the limit of money available therefor, with:

         (1) Natural persons, organizations and institutions for services furthering the educational objectives of the council; and

         (2) Local and regional associations for cooperative endeavors furthering the educational objectives of the council’s programs;

    (c) Accept gifts, contributions and bequests of unrestricted money from natural persons, foundations, corporations and other organizations and institutions [for the purpose of furthering] to further the educational objectives of the council’s programs; [and]

    (d) Make any agreement appropriate to carry out the purposes of this chapter [.] ; and

    (e) Perform any acts necessary to carry out section 3 of this act.

    3.  The council is the sole and official agency of this state to receive and disburse any money made available to the state by the National Endowment for the Arts pursuant to 20 U.S.C. § 954.

    4.  The council may request and must receive from any department, division, board, bureau, commission or agency of the state such assistance and data, as feasible and available, as will enable the council properly to carry out the purposes of this chapter.

    5.  The council shall cooperate with the state public works board and the buildings and grounds division of the department of administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

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

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