Link to Page 1818

 

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ê2003 Statutes of Nevada, Page 1819 (Chapter 324, SB 434)ê

 

       If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

 

      Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 325, AB 343

Assembly Bill No. 343–Assemblyman Carpenter (by request)

 

CHAPTER 325

 

AN ACT relating to travel and tourism; requiring a seller of travel to include his registration number in his advertising; requiring a seller of travel to maintain a trust account for money paid to the seller of travel by consumers; revising the definition of “seller of travel”; requiring the Consumer Affairs Division of the Department of Business and Industry to mail to a seller of travel an application for the renewal of his certificate before the expiration of his current certificate; establishing an account for a consumer to recover damages for certain actions of a seller of travel; repealing the provisions that require a seller of travel to comply with certain financial security requirements; repealing the provisions allowing a consumer to recover damages from security deposited by a seller of travel with the Division; requiring tour brokers and tour operators to register with the Division annually; requiring sellers of travel, tour brokers and tour operators to pay certain fees relating to registration; and providing other matters properly relating thereto.

 

[Approved: June 2, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.5, inclusive, of this act.

      Sec. 2.  “Account” means the account established pursuant to section 6 of this act.

      Sec. 3.  “Consumer” means a person who pays money to a seller of travel for the purchase of travel services or a vacation certificate.


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ê2003 Statutes of Nevada, Page 1820 (Chapter 325, AB 343)ê

 

      Sec. 4.  A seller of travel shall include the registration number from his certificate of registration in any advertising conducted by, or on the behalf of, the seller of travel. The statement must be prominently displayed in the advertisement and be in substantially the following form in at least 10-point bold type in a font that is easy to read:

 

Nevada Seller of Travel

Registration No. _____.

 

      Sec. 5.  1.  A seller of travel shall maintain a trust account in a bank, credit union or savings and loan association in this state for the purpose of depositing all money that a consumer pays to the seller of travel for the purchase of travel services or a vacation certificate.

      2.  If a consumer pays money to a seller of travel for the purchase of travel services or a vacation certificate, the seller of travel shall deposit all such money in the trust account maintained by the seller of travel not later than 2 business days after the date on which the consumer pays the money to the seller of travel.

      3.  The seller of travel shall pay out of the trust account the money paid to the seller of travel by the consumer as needed to complete the purchase of the travel services or vacation certificate purchased by the consumer.

      Sec. 6.  1.  The Division shall administer and account separately for the money received from each seller of travel pursuant to the provisions of paragraph (c) of subsection 1 and paragraph (c) of subsection 4 of NRS 598.365. The Division may refer to the money in the account as the “Recovery Fund.”

      2.  Except as otherwise provided in section 10 of this act, the money in the account must be used to pay claims made by consumers who are eligible for recovery from the account pursuant to sections 7 and 8 of this act.

      Sec. 7.  1.  Except as otherwise provided in subsection 5, a consumer who is eligible for recovery from the account must file a complaint with the Division or its designee not later than 1 year after the scheduled date of completion of the travel purchased by the consumer. The consumer must file the complaint on a form established for this purpose by the Division.

      2.  If the Division receives a complaint pursuant to subsection 1, the Division or its designee shall hold a hearing on the complaint. The Division shall:

      (a) Affix the time and place for the hearing; and

      (b) Notify the interested parties, in writing, at least 10 days before the date affixed for the hearing, of the time and place of the hearing.

      3.  Any testimony taken at the hearing must be considered a part of the record of the hearing before the Division or its designee.

      4.  The hearing must be public if a request is made for a public hearing.

      5.  If a consumer has obtained a judgment in any court of competent jurisdiction for recovery of damages against a seller of travel, the consumer may file with the Division or its designee a complaint for recovery of the judgment from the account. The consumer must file the complaint not later than 2 years after the entry of the judgment. The consumer is eligible for recovery of the judgment from the account if:


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ê2003 Statutes of Nevada, Page 1821 (Chapter 325, AB 343)ê

 

      (a) The judgment is for actual damages suffered by the consumer as a result of:

             (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

             (2) The bankruptcy of the seller of travel;

             (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

             (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act;

      (b) The proceedings in connection with the judgment, including all appeals, have terminated;

      (c) The consumer files the complaint on a form established for this purpose by the Division;

      (d) The consumer submits proof satisfactory to the Division of the judgment; and

      (e) Upon obtaining payment from the account, the consumer assigns his rights to enforce the judgment to the Division.

      6.  If a consumer files a complaint pursuant to this section, the Division or its designee shall act upon the complaint not later than 60 days after the date on which the complaint is filed with the Division, unless the Division:

      (a) Determines that the complaint involves complex issues that may not reasonably be resolved within 60 days; and

      (b) Notifies the interested parties, in writing, that the time for acting on the complaint will be extended. If the Division provides such notice to the interested parties, the Division shall act upon the complaint not later than 180 days after the date on which the complaint is filed with the Division.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, a consumer is eligible for recovery from the account if:

      (a) The Division or its designee, after conducting a hearing on a complaint filed pursuant to the provisions of subsection 1 of section 7 of this act, finds that the consumer suffered actual damages as a result of:

             (1) Any act of fraud or misrepresentation by the seller of travel acting in his capacity as a seller of travel;

             (2) The bankruptcy of the seller of travel;

             (3) The breach of any contract entered into by the seller of travel in his capacity as a seller of travel; or

             (4) The violation by the seller of travel of any provision of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act; or

      (b) The consumer complies with the provisions of subsection 5 of section 7 of this act for the recovery of a judgment from the account.

      2.  A consumer is not eligible for recovery from the account if:

      (a) The consumer is the spouse of the seller of travel or is a personal representative of the spouse of the seller of travel;

      (b) The consumer was associated in a business relationship with the seller of travel other than with regard to the travel services or vacation certificate at issue;

      (c) At the time the consumer paid money to the seller of travel for the purchase of the travel services or vacation certificate at issue, the seller of travel was not registered with the Division as required by NRS 598.365; or

      (d) The consumer is seeking recovery of losses which were incurred by the consumer as the result of a cancellation penalty that:


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ê2003 Statutes of Nevada, Page 1822 (Chapter 325, AB 343)ê

 

             (1) Was fully disclosed and agreed to by the consumer at the time the consumer entered into the contract for the purchase of the travel services or vacation certificate at issue; and

             (2) Was imposed against the consumer, in accordance with the terms of the contract, after  the cancellation of the travel services or vacation certificate at issue.

      3.  If the Division or its designee finds that a consumer is eligible for recovery from the account pursuant to this section, the Division or its designee may pay out of the account:

      (a) If the complaint was filed pursuant to subsection 1 of section 7 of this act, the amount of actual damages suffered, but not to exceed $10,000; or

      (b) If the complaint was filed pursuant to subsection 5 of section 7 of this act, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed $10,000.

      4.  If a consumer has recovered a portion of his losses from sources other than the account, the Division shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

      5.  To the extent that payments are made from the account to a consumer, the Division is subrogated to the rights of the consumer. The Division and the Attorney General shall promptly enforce all subrogation claims.

      6.  The amount of recovery from the account based upon claims made against any single seller of travel:

      (a) Must not exceed $200,000; and

      (b) For any single action of the seller of travel, must not exceed 20 percent of the balance of the account.

      Sec. 9.  1.  A seller of travel shall display conspicuously, at each place of business of the seller of travel and on any website maintained by the seller of travel for business purposes, a legible and typewritten statement that notifies consumers that they may be eligible to recover certain financial damages from the Recovery Fund. The written statement must be in substantially the following form:

 

RECOVERY FUND FOR CONSUMERS

DAMAGED BY SELLERS OF TRAVEL

 

      You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in this state for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:

 


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ê2003 Statutes of Nevada, Page 1823 (Chapter 325, AB 343)ê

 

SOUTHERN NEVADA:  1850 East Sahara Avenue

Suite 101

Las Vegas, Nevada 89104

Phone: 702.486.7355

Fax: 702.486.7371

ncad@fyiconsumer.org

 

NORTHERN NEVADA:  4600 Kietzke Lane

Building B, Suite 113

Reno, Nevada 89502

Phone: 775.688.1800

Fax: 775.688.1803

 

      2.  The Division may impose upon a seller of travel an administrative fine of not more than:

      (a) For the first violation of subsection 1, $100; and

      (b) For a second or subsequent violation of subsection 1, $250.

      3.  The Division shall deposit any money received pursuant to this section in the account established pursuant to section 6 of this act.

      4.  The provisions of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act do not limit the authority of the Division to take disciplinary action against a seller of travel.

      Sec. 10.  1.  The Division shall:

      (a) On or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the appropriate legislative committee if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session, a statement of the condition of the account that is prepared in accordance with generally accepted accounting principles.

      (b) Employ accountants as necessary for the performance of the duties set forth in this section and pay any related expenses from the money in the account. Except as otherwise provided in subsection 3, the expenditures made by the Division pursuant to this paragraph must not exceed $10,000 in any fiscal year.

      (c) Employ or contract with persons and procure necessary equipment, supplies and services to be paid from or purchased with the money in the account as may be necessary to monitor or process claims filed by consumers that may result in a recovery from the account.

      2.  Any interest earned on the money in the account must be credited to the account. The Division may expend the interest earned on the money in the account to increase public awareness of the account. Except as otherwise provided in subsection 3, the expenditures made by the Division for this purpose must not exceed $50,000 in any fiscal year.

      3.  The total expenditures made by the Division pursuant to this section must not exceed 10 percent of the account in any fiscal year.

      4.  Once an initial balance of $200,000 exists in the account, the Division shall maintain a minimum balance of $200,000 in the account.

      5.  The Division shall adopt such regulations as are necessary to carry out the provisions of NRS 598.305 to 598.365, inclusive, and sections 2 to 10, inclusive, of this act, including, without limitation, regulations governing:

      (a) The disbursement of money from the account; and


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ê2003 Statutes of Nevada, Page 1824 (Chapter 325, AB 343)ê

 

      (b) The manner in which a complaint is filed with the Division or its designee pursuant to the provisions of section 7 of this act.

      Sec. 10.5.  1.  Before advertising its services or conducting business in this state, a tour broker or tour operator must register with the Division by:

      (a) Submitting to the Division an application for registration on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25; and

      (c) If the tour broker or tour operator is subject to the provisions of NRS 598.495, depositing the security required by NRS 598.495 with the Division.

      2.  The Division shall issue a certificate of registration to the tour broker or tour operator upon receipt of:

      (a) The security in the proper form as required by NRS 598.495, if the tour broker or tour operator is subject to the provisions of NRS 598.495; and

      (b) The payment of the fee required by subsection 1.

      3.  A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A tour broker or tour operator must renew a certificate of registration issued pursuant to this section before the certificate expires by:

      (a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; and

      (b) Paying to the Division a fee of $25.

      Sec. 11.  NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  A person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this state or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

      2.  In any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this state or the Attorney General bringing the action may recover a civil penalty not to exceed $2,500 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.


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ê2003 Statutes of Nevada, Page 1825 (Chapter 325, AB 343)ê

 

prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to [598.395,] 598.365, inclusive, and sections 2 to 10, inclusive, of this act, 598.405 to 598.525, inclusive, and section 10.5 of this act, 598.741 to 598.787, inclusive, or 598.840 to 598.966, inclusive, fails to comply with a judgment or order of any court in this state concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this state; or

      (b) If the defendant is a corporation, dissolution of the corporation.

The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 12.  NRS 598.305 is hereby amended to read as follows:

      598.305  As used in NRS 598.305 to [598.395,] 598.365, inclusive, and sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS [598.315] 598.325 to 598.356, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 13.  NRS 598.335 is hereby amended to read as follows:

      598.335  “Seller of travel” means a person who offers for sale, directly or indirectly, transportation by air, land, rail or water, travel services, vacation certificates or any combination thereof, to a person or group of persons for a fee, commission or other valuable consideration. The term:

      1.  Includes any person who offers membership in a travel club or any services related to travel for an advance fee [or payment.] , payment or deposit.

      2.  Does not include:

      (a) A person who:

             (1) Contracts with a seller of travel to sell travel services or vacation certificates on behalf of the seller of travel;

             (2) Receives compensation for selling the travel services or vacation certificates only from the seller of travel; and

             (3) Requires the consumer who purchases the travel services or vacation certificates to pay for the travel services or vacation certificates by transmitting payment directly to the provider of the travel services or vacation certificates or the seller of travel;

      (b) A hotel that provides or arranges travel services for its patrons or guests;

      [(b)] (c) A person who, for compensation, transports persons or property by air, land, rail or water; [or

      (c)] (d) A tour broker or tour operator who is subject to the provisions of NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act; or

      (e) A motor club as defined in NRS 696A.050.

      Sec. 13.5.  NRS 598.345 is hereby amended to read as follows:

      598.345  “Travel services” includes, without limitation:

      1.  Short-term leases of passenger cars;

      2.  Lodging;


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ê2003 Statutes of Nevada, Page 1826 (Chapter 325, AB 343)ê

 

      3.  Transfers;

      4.  Sightseeing tours other than sightseeing tours for which a tour broker or tour operator is regulated pursuant to NRS 598.405 to 598.525, inclusive [;] , and section 10.5 of this act; and

      5.  Any other services that are related to travel by air, land, rail or water , or any other method of transportation.

      Sec. 14.  NRS 598.365 is hereby amended to read as follows:

      598.365  1.  Before advertising its services or conducting business in this state, a seller of travel must register with the Division by:

      (a) Submitting to the Division an application for registration on a form prescribed by the Division;

      (b) Paying to the Division a fee of $25; and

      (c) [Depositing the security required pursuant to NRS 598.375, if any, with the Division.] Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

      2.  The Division shall issue a certificate of registration to the seller of travel upon receipt of [:

      (a) The security in the proper form if the seller of travel is required to deposit security pursuant to NRS 598.375; and

      (b) The] the payment of [the fee] any fees required by this section.

      3.  A certificate of registration:

      (a) Is not transferable or assignable; and

      (b) Expires 1 year after it is issued.

      4.  A seller of travel must renew a certificate of registration issued pursuant to this section before the certificate expires by:

      (a) Submitting to the Division an application for the renewal of the certificate on a form prescribed by the Division; [and]

      (b) Paying to the Division a fee of $25 [.] ; and

      (c) Paying to the Division a fee of $100 for deposit to the account established pursuant to section 6 of this act.

      5.  The Division shall mail an application for the renewal of a certificate to the last known address of a seller of travel at least 30 days before the expiration of the certificate.

      6.  The provisions of this section do not require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

      Sec. 14.3.  NRS 598.405 is hereby amended to read as follows:

      598.405  As used in NRS 598.405 to 598.525, inclusive, and section 10.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.416 to 598.465, inclusive, have the meanings ascribed to them in those sections.

      Sec. 14.7.  NRS 598.525 is hereby amended to read as follows:

      598.525  The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the intent of NRS 598.405 to 598.525, inclusive [.] , and section 10.5 of this act.

      Sec. 15.  NRS 598.315, 598.375, 598.385 and 598.395 are hereby repealed.

      Sec. 16.  1.  Except as otherwise provided in subsections 2 and 3, the Consumer Affairs Division of the Department of Business and Industry shall return any security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003.


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ê2003 Statutes of Nevada, Page 1827 (Chapter 325, AB 343)ê

 

      2.  The Consumer Affairs Division of the Department of Business and Industry shall not return any security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003, if:

      (a) Before October 1, 2003, a consumer has brought an action to recover from the security pursuant to the provisions of NRS 598.385, as the provisions of that section existed before October 1, 2003; and

      (b) The proceedings in connection with the action, including all appeals, have not terminated.

      3.  If, pursuant to the provisions of subsection 2, the Consumer Affairs Division of the Department of Business and Industry does not return the security deposited with the Division by a seller of travel pursuant to NRS 598.365, as the provisions of that section existed before October 1, 2003, the Division shall return the security to the seller of travel when all proceedings in connection with all actions, including all appeals, brought pursuant to the provisions of NRS 598.385 against the seller of travel have terminated.

      4.  If, before October 1, 2003, a consumer files an action to recover from the security of a seller of travel pursuant to the provisions of NRS 598.385, as the provisions of that section existed before October 1, 2003, the provisions of that section shall apply, for all purposes, to that action.

      Sec. 17.  1.  Notwithstanding the amendatory provisions of this act, a consumer who is eligible to recover from the account established pursuant to section 6 of this act may not file a complaint with the Consumer Affairs Division of the Department of Business and Industry sooner than January 1, 2004.

      2.  The statutes of limitations set forth in section 7 of this act are tolled for the period beginning on October 1, 2003, and ending on December 31, 2003.

      Sec. 18.  Notwithstanding the amendatory provisions of this act, until January 1, 2004, a tour broker or tour operator may advertise its services and conduct business in this state without possessing a certificate of registration issued by the Consumer Affairs Division of the Department of Business and Industry pursuant to section 10.5 of this act, unless the Division establishes an earlier date for compliance with the provisions of section 10.5 of this act.

      Sec. 19.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2003, for all other purposes.

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ê2003 Statutes of Nevada, Page 1828ê

 

CHAPTER 326, AB 304

Assembly Bill No. 304–Assemblyman Manendo (by request)

 

CHAPTER 326

 

AN ACT relating to veterans’ cemeteries; revising the provisions governing financial support for veterans’ cemeteries; authorizing the use of the remainder of certain gifts of money and personal property donated for use at veterans’ cemeteries; and providing other matters properly relating thereto.

 

[Approved: June 2, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.220 is hereby amended to read as follows:

      417.220  1.  The Account for Veterans’ Affairs is hereby created in the State General Fund.

      2.  Money received by the Executive Director or the Deputy Executive Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the Department of Veterans Affairs [;] or other money provided by the Federal Government for the support of veterans’ cemeteries;

      (c) Receipts from the sale of gifts and general merchandise; [and]

      (d) Grants obtained by the Executive Director or the Deputy Executive Director for the support of veterans’ cemeteries; and

      (e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he is authorized to accept, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the Account for Veterans’ Affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, whichever is appropriate.

      3.  The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on:

      (a) Money appropriated from the State General Fund to the Account for Veterans’ Affairs.

      (b) Fees charged pursuant to NRS 417.110 that are deposited in the Account for Veterans’ Affairs.

      4.  [Except as otherwise provided in subsection 6, the] The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected.

      5.  Except as otherwise provided in subsection [6,] 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      6.  The Gift Account for Veterans’ Cemeteries is hereby created in the State General Fund. [The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery, only in the manner designated by the donor.]


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ê2003 Statutes of Nevada, Page 1829 (Chapter 326, AB 304)ê

 

accept and for which the donor has restricted to one or more uses at a veterans’ cemetery, only in the manner designated by the donor.] Gifts of money that the Executive Director or the Deputy Executive Director is authorized to accept and [for] which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the Gift Account for Veterans’ Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans’ Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.

      7.  The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans’ cemetery in northern Nevada or the veterans’ cemetery in southern Nevada, as appropriate.

      Sec. 2.  Subsection 7 of NRS 417.220 applies to gifts of money and of personal property donated:

      1.  On or after July 1, 2003; and

      2.  Before July 1, 2003, that are remaining after that date.

      Sec. 3.  This act becomes effective on July 1, 2003.

________

 

CHAPTER 327, AB 553

Assembly Bill No. 553–Committee on Ways and Means

 

CHAPTER 327

 

AN ACT relating to state financial administration; 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, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.

 

[Approved: June 3, 2003]

 

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, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005.

 


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ê2003 Statutes of Nevada, Page 1830 (Chapter 327, AB 553)ê

 

                                                                                        2003-2004      2004-2005

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

             For the support of the:

Office of the Governor.......................... $2,120,304.... $2,133,167

Governor’s Mansion.................................... 275,544.......... 347,840

Governor’s Office of Consumer Health Assistance         456,308          382,952

High Level Nuclear Waste Project Office 980,112.......... 981,416

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the:

Office of the Lieutenant Governor......... $496,040........ $512,210

      Sec. 4.  The Office of Attorney General.

             For the support of the:

Attorney General Administration Account $10,596,700 $10,832,555

Special Litigation Account...................... 2,081,301............ 81,301

Medicaid Fraud Control Unit......................... 1,000............... 1,000

Crime Prevention Program......................... 201,514.......... 203,927

Office of the Extradition Coordinator..... 554,516.......... 550,845

Bureau of Consumer Protection............ 1,218,040....... 1,221,264

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........... $5,784,542.... $6,231,619

HAVA Election Reform.............................. 299,820....................... 0

      Sec. 6.  The Office of State Treasurer.

             For the support of the Office of the

State Treasurer........................................ $1,440,255.... $1,458,169

      Sec. 7.  The Office of State Controller.

             For the support of the Office of the

State Controller....................................... $3,894,681.... $3,937,896

      Sec. 8.  Department of Administration.

             For the support of the:

Budget and planning............................. $2,813,633.... $2,949,933

Division of Internal Audits...................... 1,935,441....... 2,013,536

Clear Creek Youth Center............................ 62,002............ 62,339

State Public Works Board.......................... 822,423.......... 832,402

Technology Improvement Plan................ 901,816.......... 890,990

Merit Award Board.......................................... 5,000............... 5,000

Information Technology Projects......... 2,668,291....... 1,215,225

      Sec. 9.  Department of Taxation.

             For the support of the

Department of Taxation.................... $16,087,285.. $16,692,636

      Sec. 10.  Legislative Fund.

             For the support of the:

Legislative Commission........................... $747,961........ $523,826

Audit Division............................................ 3,113,199....... 3,136,991

Administrative Division........................... 8,361,439....... 7,110,890

Legal Division............................................ 5,113,270....... 5,579,935


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ê2003 Statutes of Nevada, Page 1831 (Chapter 327, AB 553)ê

 

Research Division................................... $3,002,004.... $2,941,318

Fiscal Analysis Division........................... 2,799,018....... 2,480,598

Interim legislative operations..................... 475,115.......... 473,530

      Sec. 11.  Supreme Court of Nevada.

             For the support of the:

Supreme Court of Nevada................... $4,494,410.... $5,241,966

Law Library............................................... 1,402,228....... 1,449,819

Commission on Judicial Selection................. 4,998............... 4,998

Division of Planning and Analysis............ 494,352.......... 500,414

Drug Courts................................................... 337,500....................... 0

Judicial Retirement System.................... 1,459,900....... 1,503,700

      Sec. 12.  Commission on Judicial Discipline.

             For the support of the

Commission on Judicial Discipline......... $487,849........ $488,363

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

             For the support of the

District Judges’ salaries....................... $11,524,036.. $11,661,641

      Sec. 14.  Commission on Economic Development.

             For the support of:

Economic development........................ $3,212,539.... $3,511,322

Rural community development................ 202,615.......... 208,557

Small business and procurement outreach program        204,233          201,960

      Sec. 15.  Department of Education.

             For the support of:

Education, state programs.................... $2,445,821.... $2,444,434

Occupational education............................. 356,104.......... 362,620

Teacher education and licensing....................... 100.................. 100

Nutrition education programs.................... 248,511.......... 254,008

Continuing education.................................. 465,072.......... 465,281

Individuals with Disabilities Education Act 192,410        192,410

Proficiency testing.................................... 4,135,680....... 4,295,105

Other state education programs............. 7,616,866....... 7,452,523

Education support services........................ 955,139.......... 977,490

Student Incentive Grants................................ 6,872............ 10,135

Commission on Postsecondary Education 254,178         254,526

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

             For the support of:

System administration.......................... $3,510,855.... $3,601,301

University Press............................................ 727,196.......... 751,791

Statewide programs—UNR.................... 6,534,330....... 6,761,328

Intercollegiate athletics—UNR.............. 2,552,299....... 2,636,149

Statewide Programs—UNLV.................. 1,010,730....... 1,045,686

Intercollegiate athletics—UNLV............ 2,586,476....... 2,684,227

Agricultural Experiment Station............ 7,034,747....... 7,320,773

Cooperative Extension Services............ 6,731,689....... 7,066,031

Dental School—UNLV............................ 6,265,434....... 4,385,724


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ê2003 Statutes of Nevada, Page 1832 (Chapter 327, AB 553)ê

 

System computing center................... $21,757,925.. $18,550,876

UNLV, William S. Boyd School of Law 6,456,711....... 6,732,816

Desert Research Institute........................ 5,260,568....... 5,299,873

National Direct Student Loan...................... 49,504............ 49,504

University of Nevada, Reno.............. 107,553,499.. 112,293,718

University of Nevada, School of Medicine 20,918,693 21,790,125

Bureau of Laboratory and Research.... 1,661,831....... 1,593,810

University of Nevada, Las Vegas..... 125,213,960.. 131,315,575

Community College of Southern Nevada 72,257,063 76,577,965

Western Nevada Community College 16,393,298.... 16,856,203

Truckee Meadows Community College 28,933,189   29,960,638

Great Basin College............................... 12,260,513.... 12,728,072

Business Center, North............................ 2,047,166....... 2,109,477

Business Center, South............................ 1,716,715....... 1,777,460

Nevada State College at Henderson..... 3,034,745....... 4,432,601

University system—special projects... 19,380,274.... 19,666,234

      Sec. 17.  Western Interstate Commission for Higher Education.

For the administrative support of Nevada’s membership in the Western Interstate Commission for Higher Education.......................... $324,557........ $330,296

For the support of the Western Interstate Commission for Higher Education Loan Fund.................................................................. 869,107.......... 797,557

      Sec. 18.  Department of Cultural Affairs.

             For the support of the:

Cultural Affairs administration............... $748,273........ $699,529

Museums and history.................................. 311,068.......... 312,078

Nevada Historical Society, Reno.............. 660,179.......... 659,661

Nevada State Museum, Carson City.... 1,349,763....... 1,380,962

Nevada Museum and Historical Society, Las Vegas       982,981          1,003,613

Lost City Museum....................................... 330,700.......... 340,281

State Railroad Museums......................... 1,227,109.......... 496,000

State Arts Council..................................... 1,473,194....... 1,475,576

Nevada State Library.............................. 3,463,350....... 3,507,991

Nevada State Library—Literacy.............. 135,280.......... 140,775

Archives and records................................... 640,783.......... 651,571

Office of Historic Preservation.................. 314,942.......... 306,508

Comstock Historic District......................... 103,898.......... 108,036

      Sec. 19.  Department of Human Resources.

             For the support of the:

Department of Human Resources administration........ $891,287          $888,852

Indian Affairs Commission....................... 131,359.......... 133,879

Developmental Disabilities......................... 108,596.......... 108,561


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ê2003 Statutes of Nevada, Page 1833 (Chapter 327, AB 553)ê

 

Community-Based Services................. $2,572,327.... $2,906,951

Grants Management Unit....................... 2,862,596....... 2,859,663

Fund for a Healthy Nevada....................... 685,135....... 2,128,180

Office of the State Public Defender...... 1,130,800....... 1,125,707

Division of Health Care Financing and Policy:

Nevada Medicaid................................ 309,994,739.. 323,521,782

      Health Care Financing and Policy.. 1,787,965....... 1,818,670

      Nevada Check-Up Program............. 9,079,718....... 9,633,520

Aging Services Division:

Aging Services Division..................... 2,941,193....... 3,002,643

Senior Services Program.................... 1,293,105....... 1,726,630

Senior citizens’ property tax assistance 3,623,044  4,197,507

EPS/Homemaker programs................... 66,507.......... 157,425

Division of Child and Family Services:

Juvenile justice programs..................... 707,605.......... 707,605

UNITY/SACWIS................................ 2,810,859....... 2,855,834

Children and family administration 6,729,770....... 6,871,462

Child Care Services............................... 273,701.......... 303,036

Nevada Youth Training Center....... 7,297,312....... 7,754,782

Caliente Youth Center....................... 5,624,714....... 6,031,929

Youth community services............... 9,127,477....... 9,049,788

Youth alternative placement........... 1,039,521....... 1,039,521

Youth parole services........................ 4,385,659....... 4,462,541

Northern Nevada child and adolescent services      2,074,367          2,162,036

Child Welfare Integration............... 29,544,135.... 31,986,727

Southern Nevada child and adolescent services     7,234,446          7,982,397

Juvenile correctional facility............ 3,597,991....... 4,771,541

Health Division:

Office of health administration.......... 589,085.......... 594,472

Alcohol and drug rehabilitation....... 3,149,189....... 3,168,810

Vital statistics......................................... 685,683.......... 700,371

Maternal child health services......... 1,278,193....... 1,283,727

Special Children’s Clinic................... 8,189,272....... 8,568,135

Community health services................. 252,516.......... 225,735

Consumer protection......................... 1,266,785....... 1,284,277

Radiological health............................... 263,938.................. 100

Sexually transmitted disease control 1,545,894       1,545,215

Communicable disease control........... 824,815.......... 825,030

Emergency medical services................ 757,041.......... 758,385

Immunization program..................... 1,497,777....... 1,557,492

Health aid to counties....................................... 0.................. 100

Division of Mental Health and Developmental Services:

Division administration..................... 2,302,527....... 2,328,910


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ê2003 Statutes of Nevada, Page 1834 (Chapter 327, AB 553)ê

 

Mental health information system.. $422,955........ $422,722

Southern Nevada adult mental health services     39,330,129          44,624,326

Northern Nevada adult mental health services     19,420,431          20,949,266

Lakes Crossing Center....................... 5,522,274....... 5,574,740

Rural clinics......................................... 6,656,963....... 7,218,270

Desert Regional Center................... 23,911,426.... 27,866,635

Sierra Regional Center.................... 12,158,657.... 14,106,365

Rural Regional Center....................... 4,409,231....... 5,556,937

Family preservation program.............. 944,719....... 1,104,396

Welfare Division:

Welfare administration..................... 7,664,319....... 8,282,894

Welfare field services...................... 20,382,465.... 22,601,659

Assistance to aged and blind............ 6,304,261....... 6,565,400

Temporary Assistance for Needy Families 32,005,377 46,698,032

Child Assistance and Development 9,033,701....... 9,033,701

      Sec. 20.  Office of the Military.

             For the support of the:

Nevada National Guard........................ $2,032,930     $2,071,547

National Guard benefits............................. 104,572           104,572

      Sec. 21.  Office of Veterans’ Services.

             For the support of the:

Executive Director for veterans’ services $899,004        $897,406

Southern Nevada Veterans’ Home....... 2,871,261        2,885,810

      Sec. 22.  Department of Corrections.

             For the support of the:

Office of the Director.......................... $11,862,833   $13,043,522

Medical care............................................ 26,752,246     27,599,450

Correctional Programs............................. 2,987,921        3,065,229

Southern Nevada Correctional Center..... 366,954           365,353

Southern Desert Correctional Center.. 16,419,226     16,605,521

Nevada State Prison.............................. 13,454,412     13,679,990

Northern Nevada Correctional Center 18,611,216     18,644,759

Warm Springs Correctional Center........ 6,343,810        6,474,105

Ely State Prison....................................... 22,004,982     22,825,287

Lovelock Correctional Center.............. 18,989,923     19,584,318

Southern Nevada Women’s Correctional Facility 8,556,348 9,224,405

Stewart Conservation Camp.................. 1,358,187        1,342,476

Ely Conservation Camp.......................... 1,058,205        1,095,526

Humboldt Conservation Camp................ 997,036        1,031,581

Indian Springs Conservation Camp...... 1,833,574        1,852,991

Jean Conservation Camp....................... 1,318,608        1,347,132

Pioche Conservation Camp.................... 1,327,112        1,353,715


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ê2003 Statutes of Nevada, Page 1835 (Chapter 327, AB 553)ê

 

Carlin Conservation Camp.................. $1,053,002     $1,072,498

Wells Conservation Camp......................... 999,974        1,046,566

Silver Springs Conservation Camp........ 1,095,350        1,112,111

Tonopah Conservation Camp............... 1,006,767           999,159

Northern Nevada Restitution Center........ 476,667           462,005

High Desert State Prison........................ 22,582,740     24,893,424

      Sec. 23.  Department of Business and Industry.

             For the support of the:

Business and Industry administration... $187,616         $190,611

Division of Financial Institutions.............. 361,029                4,429

Consumer Affairs Division..................... 1,332,594        1,324,063

Real Estate Administration..................... 1,147,250        1,212,070

Division of Insurance............................... 2,907,906        2,904,709

Employee-Management Relations Board 161,892          162,359

Office of Labor Commissioner.............. 1,330,977        1,357,459

Nevada Athletic Commission.................... 361,492           364,132

      Sec. 24.  State Department of Agriculture.

                   For the support of the:

Agriculture administration....................... $381,727         $389,243

Plant industry program............................ 1,456,301        1,477,625

Veterinary medical services....................... 949,654           865,756

Weights and measures program................ 271,960           275,674

Junior Livestock Show Board...................... 34,991             35,067

State Predatory Animal and Rodent Committee 712,042 731,546

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

             For the support of the:

Conservation and Natural Resources administration    $910,037          $897,124

Division of State Parks............................ 5,378,709        4,450,557

Nevada Tahoe regional planning...................... 474                   474

Nevada natural heritage............................... 84,363             84,188

Division of Forestry.................................. 3,737,073        3,808,236

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

Forestry honor camps.............................. 5,586,996        5,714,923

Tahoe Regional Planning Agency......... 1,374,372        1,376,286

Water Quality Planning............................... 359,358           359,469

Division of Water Resources.................. 4,603,710        4,677,258

Division of State Lands........................... 1,107,898        1,127,783

Division of Conservation Districts............ 340,731           348,156

Division of Wildlife...................................... 676,421           675,509

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

             For the support of:

Nevada Equal Rights Commission..... $1,116,530     $1,148,296

Bureau of Vocational Rehabilitation... 2,614,922        2,616,493


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ê2003 Statutes of Nevada, Page 1836 (Chapter 327, AB 553)ê

 

Bureau of Services to the Blind and Visually Impaired $980,387          $1,022,490

Office of Disability Employment Policy.... 19,196             19,214

      Sec. 27.  Department of Motor Vehicles.

For the support of the Division of Field Services $22,983 $22,983

      Sec. 28.  Department of Public Safety.

             For the support of the:

Training Division.......................................... $86,061           $89,295

Justice grant.................................................. 126,379           130,119

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

Dignitary protection..................................... 675,226           694,871

Investigation Division.............................. 5,228,976        5,276,335

Division of Emergency Management...... 612,759           619,360

Parole Board.............................................. 1,250,162        1,230,103

Division of Parole and Probation........ 30,931,155     31,720,691

Criminal History Repository.............................. 100                   100

State Fire Marshal........................................ 620,082           925,242

      Sec. 29.  Commission on Ethics.

             For the support of the

Commission on Ethics.............................. $126,170         $127,073

      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, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005:

             Department of Motor Vehicles:

                   Director’s Office..................................... $3,294,712     $5,381,009

                   Administrative Services........................... 3,053,095        2,408,535

                   Hearings Office............................................ 958,244           969,006

                   Automation............................................... 4,112,507        3,640,346

                   Field services........................................... 19,691,475     22,274,705

                   Compliance enforcement....................... 2,749,169        2,820,979

                   Central services......................................... 5,737,939        5,490,687

                   Management services.............................. 2,045,201        2,033,733

                   Motor carrier.............................................. 2,753,248        2,797,707

             Department of Public Safety:

                   Training Division.......................................... 850,858           881,080

                   Highway Patrol....................................... 52,540,424     53,776,034

                   Highway safety plan & administration... 173,093           177,064

                   Division of Investigations........................... 269,542           273,474

                   State Emergency Response Commission 282,156           283,952

             Department of Business and Industry:

                   Transportation Services Authority........ 2,187,419        2,136,959

             Department of Administration:

                   Information Technology Projects......... 4,579,865        2,246,825

             Legislative Fund, Legislative Commission......... 7,500                7,500


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ê2003 Statutes of Nevada, Page 1837 (Chapter 327, AB 553)ê

 

      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, 2003-2004 and 2004-2005, 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;

      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);

      11.  Assistance to aged and blind;

      12.  Child Assistance and Development;

      13.  Nevada Medicaid;

      14.  Division of Health Care Financing and Policy;

      15.  Nevada Check-Up Program;

      16.  Youth community services;

      17.  Attorney General’s special litigation account;

      18.  Attorney General’s Medicaid Fraud Control Unit;

      19.  Attorney General’s extradition coordinator;

      20.  Commission on Ethics;

      21.  Veterans’ Home Account;

      22.  Child Welfare Integration;

      23.  Secretary of State HAVA Election Reform; and

      24.  Information Technology Projects,

are available for both Fiscal Years 2003-2004 and 2004-2005, 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.

      Sec. 33.  Amounts appropriated pursuant to sections 14 and 15 of this act to finance specific programs as outlined in this section are available for both Fiscal Years 2003-2004 and 2004-2005 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:


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ê2003 Statutes of Nevada, Page 1838 (Chapter 327, AB 553)ê

 

      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 2003-2004 and Fiscal Year 2004-2005 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 $49,803 in Fiscal Year 2003-2004 for Peer Mediation Programs;

      (b) A total of $51,429 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for successful completion of the National Board Teacher Certification Program;

      (c) A total of $5,000,000 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for new teacher signing bonuses; and

      (d) A total of $850,000 in Fiscal Year 2003-2004 and $750,000 in Fiscal Year 2004-2005 for the technology components of the System for Accountability Information in Nevada (SAIN).

      3.  Of the amounts appropriated to the Department of Education, proficiency testing, pursuant to section 15 of this act:

      (a) A total of $515,058 in Fiscal Year 2003-2004 and $599,852 in Fiscal Year 2004-2005 for the state norm-referenced examination.

      (b) A total of $1,400,000 in Fiscal Year 2003-2004 and $1,456,000 in Fiscal Year 2004-2005 for the high school proficiency examination.

      (c) A total of $1,360,731 in both Fiscal Year 2003-2004 and Fiscal Year 2004-2005 for the criterion-referenced examinations.

      (d) A total of $343,520 in Fiscal Year 2003-2004 and $360,414 in Fiscal Year 2004-2005 for the state writing proficiency examinations.

      Sec. 34.  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 2003-2004 and 2004-2005, 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. The provisions of chapter 338 of NRS do not apply to projects undertaken pursuant to those appropriations.

      2.  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. 35.  Except as otherwise provided in this section, 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 health care financing and policy account, the assistance to the aged and blind program, the welfare administration account, and the welfare field services account, are limits. The divisions shall not request additional money for these programs, except for:

      1.  Increased state costs in Fiscal Year 2004-2005 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2004;


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ê2003 Statutes of Nevada, Page 1839 (Chapter 327, AB 553)ê

 

      2.  Costs related to additional services mandated by the Federal Government on or after October 1, 2003, and not specifically funded in the Nevada Medicaid account in Fiscal Years 2003-2004 and 2004-2005; or

      3.  Increased state costs in Fiscal Year 2003-2004 and Fiscal Year 2004-2005 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.

      Sec. 36.  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. 37.  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. 38.  The sums appropriated to the Department of Corrections by section 22 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.

      Sec. 39.  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.

      Sec. 40.  Of the amounts appropriated from the State Highway Fund to the Department of Motor Vehicles, Director’s Office, pursuant to section 30 of this act:

      1.  A total of $50,000 in Fiscal Year 2003-2004 for the continuation of kiosk technology; and

      2.  A total of $2,000,000 in Fiscal Year 2004-2005 for the expansion of kiosk technology,

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

      Sec. 41.  1.  There is hereby appropriated $1,290,113 from the State Highway Fund to the Nevada Highway Patrol Division to be expended for furniture, equipment, telephone system and data drop lines for the new Highway Patrol building in Las Vegas (99-H1).

      2.  Any remaining balance appropriated by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State Highway Fund as soon as payments of money committed have been made.

      Sec. 42.  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.


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ê2003 Statutes of Nevada, Page 1840 (Chapter 327, AB 553)ê

 

amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by State General Fund or State Highway Fund appropriations.

      Sec. 43.  In addition to the requirements of NRS 353.225, for the Fiscal Years 2003-2004 and 2004-2005, 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. 44.  1.  Of the sums appropriated by section 16 of this act, any amounts utilized to match research grants in the University and Community College System of Nevada, Special Projects account, 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.

      2.  All money appropriated by section 16 of this act other than the sums designated in subsection 1 to support Special Projects research is subject to the provisions of section 48 of this act.

      Sec. 45.  There is hereby appropriated $98,711 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 from July 1, 2003, through June 30, 2005.

      Sec. 46.  Section 9 of chapter 453, Statutes of Nevada 2001, at page 2286, is hereby amended to read as follows:

      Sec. 9.  The State Treasurer shall transfer any balance remaining unexpended on June 30, 2001, in the account for the office of science, engineering and technology to the account for the office of science, innovation and technology which is created by section 6 of this act. Any remaining balance of the appropriation made by section 7 of chapter 544, Statues of Nevada 1999, 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. 47.  The appropriations made to the Tahoe Regional Planning Agency in section 25 of this act are available contingent upon the State of California providing its two-thirds share of funding.

      Sec. 48.  1.  Except as otherwise provided in sections 44 and 60 of this act, unencumbered balances of the appropriations made in this act for the Fiscal Years 2003-2004 and 2004-2005 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. 49.  1.  There is hereby appropriated from the State General Fund the sum of $2,163,960 to the Interim Finance Committee for allocation to the Department of Corrections for the fiscal year beginning July 1, 2004, and ending June 30, 2005, for staffing and operation of a transition housing facility.

      2.  Money appropriated pursuant to subsection 1 may only be allocated for staffing and operation of a transition housing facility upon submittal of a comprehensive transition housing plan by the Department and upon approval of the State Board of Examiners and the Interim Finance Committee or for inmate housing expenses if a comprehensive transition housing plan is not submitted by the Department or not approved by the State Board of Examiners and the Interim Finance Committee.


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

ê2003 Statutes of Nevada, Page 1841 (Chapter 327, AB 553)ê

 

inmate housing expenses if a comprehensive transition housing plan is not submitted by the Department or not approved by the State Board of Examiners and the Interim Finance Committee.

      3.  Any remaining balance of the sum appropriated by subsection 1 must not be allocated by the Interim Finance Committee after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 50.  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. 51.  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. 52.  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. 53.  There is hereby appropriated from the State General Fund to the Legislative Fund, created pursuant to NRS 218.085, the sum of $1,600,000.

      Sec. 54.  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.

      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. 55.  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.


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

ê2003 Statutes of Nevada, Page 1842 (Chapter 327, AB 553)ê

 

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. 56.  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.

      (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. 57.  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.


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ê2003 Statutes of Nevada, Page 1843 (Chapter 327, AB 553)ê

 

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. 58.  1.  If projections of the ending balance of the State General Fund fall below the amount estimated by the 2003 Legislature for Fiscal Year 2003-2004 or 2004-2005, 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 $60,000,000 for Fiscal Year 2003-2004 or 2004-2005, 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 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 2003-2004....................................................... $73,046

For the Fiscal Year 2004-2005....................................................... $73,046

 

      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.


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ê2003 Statutes of Nevada, Page 1844 (Chapter 327, AB 553)ê

 

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 48 of this act.

      Sec. 61.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $12,500,000 in Fiscal Year 2003-2004 and $20,000,000 in Fiscal Year 2004-2005 for information technology and additional operational costs that may be required by the Department of Taxation or other state agency to implement or modify the collections of State General Fund revenues approved by the 72nd Session of the Nevada Legislature.

      2.  If the Department of Taxation or other state agency determines that additional resources are necessary for information technology or additional operational costs related to subsection 1 the State Board of Examiners shall consider the request and recommend the amount of the allocation, if any, to the Interim Finance Committee.

      3.  The Interim Finance Committee is not required to approve the entire amount of an allocation recommended pursuant to subsection 2 or to allocate the entire amount appropriated in subsection 1.

      4.  The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 62.  1.  This section and section 53 of this act become effective upon passage and approval.

      2.  Sections 1 to 52, inclusive, and 54 to 61, inclusive, of this act become effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1845ê

 

CHAPTER 328, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 328

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; transferring the State Printing Division of the Department of Administration to the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved: June 4, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning July 1, 2003, and ending June 30, 2004, and beginning July 1, 2004, and ending June 30, 2005, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:

 

                                                                                       2003-2004       2004-2005

Office of the Governor

      Office of the Governor........................................... $46,938                       $0

      Washington office................................................... 267,079            267,079

      Agency for Nuclear Projects............................... 3,100,000         3,100,000

      Governor’s Office of Consumer Health Assistance                      454,497          461,955

      Energy Conservation.............................................. 674,281            580,516

Attorney General

      Attorney General Administration Account...... 9,490,020         9,393,045

      Crime Prevention Program....................................... 29,051               29,051

      Tort claim fund..................................................... 5,942,203         6,275,207

      Fraud Control Unit for Industrial Insurance......................          2,589,542          2,480,899

      Medicaid Fraud Control Unit............................. 1,769,244         1,598,588

      Insurance Fraud Control Unit............................ 1,070,216         1,202,643

      Office of the Extradition Coordinator................. 107,924            113,320

      Bureau of Consumer Protection........................ 3,096,112         3,045,242

      Advisory Council for Prosecuting Attorneys.....................             129,966          126,035

      Victims of Domestic Violence............................ 2,232,006         2,002,922

Secretary of State....................................................... 3,400,347         3,545,550

Secretary of State, HAVA Election Reform........ 10,700,000         3,592,283

Commission on Ethics.................................................. 235,523            234,983

State Treasurer............................................................... 383,963            387,525

      Unclaimed Property................................................ 794,581            814,530

      Higher Education Tuition Administration........... 667,896            677,500


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ê2003 Statutes of Nevada, Page 1846 (Chapter 328, SB 504)ê

 

      Millennium Scholarship Administration........... $354,375          $325,732

      Municipal bond bank revenue........................ 82,277,041       87,505,307

      Municipal bond bank debt service................. 83,441,702       88,668,860

      Nevada College Savings Trust.............................. 293,338            293,854

Legislative Fund

      Legislative Counsel Bureau................................ 1,089,709            327,116

Judicial Branch

      Administrative Office of the Courts................. 1,700,273         1,786,295

      Supreme Court...................................................... 5,206,499         5,206,499

      Supreme Court Rural Drug Court...................... 2,509,317         3,345,755

      Uniform system for judicial records................. 1,307,920         1,526,821

      Supreme Court Law Library...................................... 6,047                 6,047

      Retired justice duty fund........................................ 601,822            623,986

      Judicial education.................................................... 897,874         1,061,773

      District judges’ travel.............................................. 300,363            301,755

Department of Administration

      Administrative Services Division....................... 1,672,095         1,691,629

      Budget Division........................................................ 271,434            300,789

      Insurance and Loss Prevention....................... 23,418,403       21,660,239

      Fund for hospital care to indigent persons....... 6,438,391         7,018,027

      Supplemental account for medical assistance to indigent persons                     12,983,897       10,734,474

      Mail room.............................................................. 7,181,000         7,205,695

             Mail services equipment.................................. 248,660            346,995

      State Printing Office............................................. 3,435,567         3,535,352

             Printing office equipment................................ 124,903               77,084

      State Public Works Board inspection account                            4,621,935          4,784,712

      Buildings and Grounds Division...................... 15,777,736       16,330,980

      Clear Creek Youth Center...................................... 173,069            174,157

      Marlette Lake Water System................................ 390,431            400,315

      Motor Pool Division............................................. 3,917,444         4,129,534

             Motor pool vehicle purchase....................... 1,923,677         1,737,060

      Purchasing Division.............................................. 2,695,509         2,597,380

      Purchasing equipment purchase........................... 107,165            130,923

      Commodity food program................................. 6,633,101         6,719,467

      Hearings Division................................................. 4,159,969         4,159,397

Fund for compensation of victims of crime.......... 6,009,776         6,082,392

Deferred Compensation Committee............................ 67,288               76,486

Information Technology Projects............................... 427,224            255,627

Department of Personnel........................................ 10,647,081       10,804,558

      Unemployment compensation account.......... 1,532,236         1,688,198

Commission on Tourism

      Division of Tourism........................................... 13,355,362       14,078,221

      Nevada Magazine................................................ 2,563,145         2,733,676

Commission on Economic Development

      Commission on Economic Development........... 465,000            165,000

      Nevada film office.................................................. 849,401            860,966

      Rural community development........................ 3,261,000         3,261,000

      Procurement outreach............................................ 305,000            306,000

Department of Taxation.............................................. 806,989 808,553Department of Information Technology


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ê2003 Statutes of Nevada, Page 1847 (Chapter 328, SB 504)ê

 

Department of Information Technology

      Director’s Office................................................. $2,509,580       $2,485,512

      Applications, Design and Development Division                        6,544,718          6,684,413

      Computing Division........................................... 17,181,077       16,861,779

      Data Communications and Technical Services Division          4,895,624          5,051,066

      Planning and Research Unit............................... 1,811,966         1,820,746

      Telecommunications Unit.................................. 5,501,861         4,583,905

      Communications Unit......................................... 2,239,088         2,106,818

Department of Education

      Education, state programs..................................... 166,847            138,653

      Discretionary grants - Unrestricted.................... 2,859,517         2,859,517

      Improve America’s Schools Title I................. 54,057,667       53,988,780

      Improve America’s Schools Titles VI & II.... 24,340,022       24,340,022

      Individuals with Disabilities Education Act.. 52,824,112       52,824,201

      Education support services................................. 1,505,760         1,722,050

      NDE, Staffing services............................................ 422,358            431,334

      Occupational education...................................... 7,927,205         7,927,205

      Nutrition education............................................ 52,044,375       55,918,492

      Continuing education.......................................... 4,155,753         4,155,753

      Drug abuse education.......................................... 2,219,967         2,219,967

      Discretionary grants - Restricted........................ 9,333,638         9,306,476

      Teacher education and licensing....................... 1,121,794         1,206,735

      School health education—AIDS.......................... 227,814            219,648

      Other state education programs................................ 7,450                 7,450

      Student incentive grants......................................... 526,660            526,664

      Gear-Up.................................................................. 1,164,208         1,225,180

Commission on Postsecondary Education.................. 96,609               96,426

University and Community College System of Nevada

      System administration............................................ 111,460            111,460

      Agricultural experiment station......................... 1,242,371         1,242,371

      Cooperative extension services......................... 1,741,397         1,759,232

      University of Nevada, Reno............................ 38,040,364       41,302,377

      School of Medical Sciences................................ 2,173,278         2,193,544

      State health laboratory........................................... 650,656            670,176

      University of Nevada, Las Vegas................... 57,326,053       62,614,883

      Law school............................................................ 2,460,184         2,464,984

      Dental school........................................................ 2,212,581         3,190,335

      Community College of Southern Nevada..... 23,229,863       25,367,869

      Western Nevada Community College.............. 2,478,244         2,562,614

      Truckee Meadows Community College.......... 7,164,522         7,630,554

      Great Basin College............................................. 1,517,644         1,565,403

      Nevada State College at Henderson.................... 392,035            664,893

      Desert Research Institute....................................... 148,486            148,486

W.I.C.H.E. Loan Fund.................................................. 591,993            592,793

Department of Cultural Affairs

      Cultural Affairs administration............................... 18,440               18,740

      State Railroad Museums........................................ 241,973            994,442


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ê2003 Statutes of Nevada, Page 1848 (Chapter 328, SB 504)ê

 

      Lost City Museum................................................... $73,136            $74,937

      Nevada Museum and Historical Society, Las Vegas                      35,745          37,185

      Nevada State Museum, Carson City................... 325,016            330,202

      Nevada Historical Society, Reno............................ 57,446               60,000

      Office of Historic Preservation.............................. 602,788            595,183

      State Arts Council.................................................... 551,591            801,591

      Nevada State Library.......................................... 1,026,399         1,029,719

      Literacy program....................................................... 84,150               84,150

      Archives and records................................................... 6,446                 6,446

      Records management and micrographics.......... 710,871            721,000

      Central libraries automated network................... 429,957            436,460

Department of Human Resources

      State Public Defender.......................................... 1,112,036         1,107,133

      Indian Affairs Commission..................................... 10,000                         0

      DHR administration............................................ 2,023,297         2,085,315

      Developmental Disabilities.................................... 446,374            446,374

      HR, Grants Management Unit........................ 28,194,390       27,621,238

      DHR, Blue Cross Blue Shield Settlement............ 300,000            225,000

      Community Based Services............................... 3,940,993         3,075,358

      Fund for a Healthy Nevada............................. 16,984,163       16,977,184

Division of Health Care Financing and Policy

      Health Care Financing and Policy.................... 4,646,736         4,555,989

      Intergovernmental transfer account.............. 75,367,698       80,334,362

      Nevada Medicaid............................................. 663,801,202    733,033,652

      Nevada Check-Up Program............................. 21,883,794       24,605,246

Aging Services Division

      Aging services grants............................................ 6,811,113         5,953,313

      Senior Services Program...................................... 8,603,108         9,295,790

      EPS/Homemaker programs............................... 2,846,109         2,815,130

      Aging Older Americans Act................................ 9,718,863         9,967,985

      Senior Citizens’ Property Tax Assistance............ 810,000            278,812

Division of Child and Family Services

      Child and family administration..................... 11,445,825       11,514,569

      Child Welfare Integration................................. 20,079,208       21,085,605

      Northern Nevada child and adolescent services                         4,020,957          4,045,140

      Southern Nevada child and adolescent services                      10,676,500          9,954,882

      Child care services................................................... 820,320            825,341

      Youth alternative placement............................. 1,600,871         1,658,410

      UNITY/SACWIS.................................................. 2,487,239         2,528,501

      Nevada Youth Training Center ............................ 387,861            387,861

      Youth parole services................................................ 20,359               20,359

      Caliente Youth Center ........................................... 278,221            278,221

      Youth community services.............................. 15,911,715       16,913,548

      Victims of domestic violence............................. 4,025,348         3,602,552

      Child abuse and neglect......................................... 349,287            349,287

      Juvenile justice programs.................................... 1,732,660         1,732,626

      Child welfare trust................................................... 287,211            326,123

      Transition from foster care................................. 1,108,000         1,162,000

      Juvenile Correctional Facility................................ 340,654            434,748


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ê2003 Statutes of Nevada, Page 1849 (Chapter 328, SB 504)ê

 

      Juvenile Accountability Block Grant............. $2,024,100       $2,024,100

Health Division

      Health Administration......................................... 2,669,209         2,710,349

      Environmental Public Health Tracking System                             518,566          518,566

      Public health tobacco fund.................................... 538,872            657,986

      Health alert network.......................................... 10,733,771       10,732,510

      Vital statistics........................................................... 501,622            501,622

      Health Facilities Hospital Licensing.................. 5,481,368         5,771,634

      Women’s, infants’ and children’s food supplement program                              35,131,207       35,143,109

      Maternal child health services........................... 3,729,638         3,742,797

      Special Children’s Clinic..................................... 4,426,718         4,496,630

      Community health services................................ 3,342,868         3,354,495

      Emergency medical services.................................... 39,268               62,972

      State and Community Collaborations............. 3,255,013         3,262,316

      Sexually transmitted disease control................ 9,625,075         9,652,226

      Immunization program....................................... 3,472,620         3,531,243

      Consumer health protection............................... 2,229,917         2,033,054

      Radiological health................................................. 863,352         1,118,846

      Communicable disease control......................... 4,486,948         4,514,063

      Cancer control registry........................................ 1,254,758         1,253,584

      Radioactive and hazardous waste................. 12,082,989       12,293,838

      Alcoholism and drug rehabilitation................ 17,048,557       16,848,751

      Alcohol tax program............................................ 1,057,932            988,000

Division of Mental Health and Developmental Services

      Division Administration.......................................... 594,320            597,771

      Northern Nevada adult mental health services                           4,041,089          4,254,380

      Lakes Crossing Center............................................ 101,566            101,267

      Rural clinics........................................................... 3,769,252         3,994,184

      Southern Nevada adult mental health services                        12,545,376          13,159,821

      Southern MH/DS food service........................... 1,289,960         1,301,062

      Desert Regional Center..................................... 21,554,510       25,624,316

      Sierra Regional Center......................................... 9,859,109       11,670,558

      Rural Regional Center......................................... 3,624,619         4,417,552

      Mental health information system....................... 177,949            102,898

Welfare Division

      Welfare Administration.................................... 16,849,753       17,275,023

      Temporary Assistance for Needy Families... 32,280,392       23,880,936

      Welfare field services........................................ 34,259,569       34,498,077

      Child support enforcement................................. 9,205,030         9,986,972

      Child support federal reimbursement............. 21,909,410       23,808,907

      Child Assistance and Development................ 25,325,627       25,324,198

      Energy assistance............................................... 13,436,684       12,586,346

Office of the Military................................................. 4,262,760         4,329,180

      Adjutant General’s construction fund................... 38,995               38,798

Office of Veterans’ Services

      Executive Director for veterans’ services............ 611,216            622,243

      Southern Nevada Veterans’ Home................... 6,866,864 8,997,201Department of Corrections


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ê2003 Statutes of Nevada, Page 1850 (Chapter 328, SB 504)ê

 

Department of Corrections

      Office of the Director............................................ $889,487          $115,617

      Medical care.......................................................... 1,295,448         1,334,573

      Correctional Programs......................................... 1,198,130         1,227,340

      Prison industries.................................................... 7,469,831         7,449,719

      Nevada State Prison.................................................. 76,185               76,719

      Northern Nevada Correctional Center................. 317,463            320,235

      Ely State Prison.......................................................... 60,530               60,926

      Southern Desert Correctional Center................... 217,840            193,242

      Warm Springs Correctional Center......................... 24,906               24,906

      Southern Nevada Women’s Correctional Facility                         138,054          140,800

      Lovelock Correctional Center............................... 110,452            111,474

      Offenders’ store fund........................................ 12,585,125       12,627,438

      Pioche Conservation Camp..................................... 31,665               31,802

      Indian Springs Conservation Camp....................... 18,573               18,573

      Wells Conservation Camp....................................... 19,748               19,748

      Humboldt Conservation Camp.............................. 23,409               23,409

      Ely Conservation Camp........................................... 17,954               17,954

      Inmate welfare account...................................... 3,908,308         3,795,883

      Tonopah Conservation Camp................................ 13,936               13,936

      Jean Conservation Camp......................................... 28,204               28,204

      Stewart Conservation Camp................................... 83,632               83,632

      Carlin Conservation Camp...................................... 26,153               26,153

      High Desert State Prison...................................... 4,211,988         2,440,869

      Silver Springs Conservation Camp......................... 10,865               10,865

      Northern Nevada Restitution Center................... 457,373            457,373

      Prison dairy............................................................ 1,469,440         1,614,416

Department of Business and Industry

      Business and Industry administration................. 829,031            844,528

      Industrial development revenue bond program                         1,194,181          1,276,425

      Consumer Affairs Division....................................... 13,500               13,500

      Division of Insurance.......................................... 2,658,974         2,741,600

             Cost stabilization............................................... 251,269            223,862

             National Association of Insurance Commissioners                  63,436          65,123

             Captive insurers................................................. 109,506            136,900

             Self-insurance—Workers’ compensation                                 506,438          514,738

             Insurance examiners..................................... 3,187,438         3,123,236

             Insurance recovery account............................ 455,170            455,170

             Insurance education and research................. 754,132            711,453

      Taxicab Authority................................................ 5,151,895         5,378,217

      Transportation Services Authority....................... 646,880            697,802

             Administrative fines.......................................... 424,681            361,789

      Manufactured Housing Division....................... 1,256,205         1,293,278

             Mobile home parks........................................... 382,025            381,586

             Manufactured housing education and recovery                     544,874          504,447

             Lot rent subsidy program................................. 424,725            417,679


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

ê2003 Statutes of Nevada, Page 1851 (Chapter 328, SB 504)ê

 

      Division of Financial Institutions.................... $4,576,417       $4,557,104

             Financial institutions audit program.............. 100,576               91,848

             Financial institutions investigations............ 1,327,353         1,607,665

      Division of Industrial Relations......................... 6,404,178         6,460,704

             Enforcement for industrial safety............... 6,149,900         6,256,243

             Safety consultation and training................. 2,141,599         2,170,508

             Mine safety and training.............................. 1,161,123         1,166,413

      Real Estate Division............................................. 1,629,041         1,620,801

             Real estate education and research............... 829,946            686,577

             Real estate recovery......................................... 470,920            507,024

             Common-interest communities................... 2,407,057         2,493,597

      Housing Division.................................................. 9,788,015       10,041,535

             Weatherization program............................... 4,749,390         6,429,781

             Low-income housing trust fund................ 14,217,333       14,663,146

      Nevada Athletic Commission.................................. 50,000               50,000

      Office of Nevada Attorney for Injured Workers                        3,001,846          2,905,944

      State Dairy Commission..................................... 1,652,527         1,679,431

      Employee-Management Relations Board............... 4,354                 4,354

Commission on Mineral Resources

      Division of Minerals............................................. 1,062,388         1,036,060

State Department of Agriculture

      Agriculture administration..................................... 578,539            572,988

      Plant industry program........................................... 539,528            540,718

      Weights and measures program........................ 1,063,391         1,065,303

      Gas pollution standards.......................................... 599,081            526,158

      Agriculture registration and enforcement account                     1,611,814          1,443,168

      Livestock inspection account............................ 1,400,490         1,218,408

      Grading and certification of agricultural products                         402,885          441,172

      Noxious weeds and insect pest control program                            525,078          532,391

      Veterinary medical services................................... 222,073            222,061

      State Predatory Animal and Rodent Committee                           237,230          237,925

State Gaming Control Board.................................... 8,287,749         9,107,056

      Gaming Control Board investigation fund.... 10,209,624       10,166,431

Public Utilities Commission of Nevada................ 15,612,671       14,436,630

Colorado River Commission of Nevada................ 6,124,087         7,362,722

      Research and development................................... 804,012            823,474

      Fort Mojave Valley development fund........... 1,962,590         1,267,478

      Power marketing fund..................................... 269,352,401    297,223,791

      Power Delivery System.................................... 123,048,805    132,862,755

State Department of Conservation and Natural Resources

      Administration.................................................. ...... 175,993            175,316

      Environmental protection administration....... 3,660,199         3,566,574

             Bureau of air quality..................................... 4,364,320         4,540,372

             Water pollution control................................. 5,119,035         5,451,460

             Water quality planning................................. 3,540,970         3,569,655

             Federal Facilities............................................. 1,716,000         1,638,928


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ê2003 Statutes of Nevada, Page 1852 (Chapter 328, SB 504)ê

 

             Waste management and corrective actions                        $9,565,427          $9,474,397

             Mining regulation and reclamation............ 2,843,498         3,019,115

             Safe Drinking Water Act............................... 9,409,714         9,414,848

             State Environmental Commission................... 40,269               40,268

             Water Planning capital improvements.......... 183,557            179,574

      Division of State Lands.......................................... 538,904            509,621

      Division of Water Resources................................. 405,885            410,714

      Division of State Parks........................................ 5,186,630         6,113,735

      Division of Forestry.............................................. 5,594,686         5,006,979

             Forestry intergovernmental agreement...... 8,057,367         8,547,309

             Forestry honor camp..................................... 2,202,178         2,216,853

             Forestry nurseries............................................... 658,133            678,462

             Forest fire suppression/emergency response                         4,978,936          4,976,456

      Heil wild horse bequest........................................... 726,613            650,480

      Nevada natural heritage......................................... 564,825            461,893

      Division of Conservation Districts.......................... 18,876               19,763

      Tahoe Regional Planning Agency..................... 7,217,134         6,992,540

      Division of Wildlife............................................ 23,579,043       23,550,041

             Boat program................................................. 5,338,865         6,107,849

             Trout management..................................... 16,472,676         9,173,988

             Obligated reserve............................................ 4,298,603         5,382,875

Department of Transportation............................. 618,832,152    669,759,687

Department of Motor Vehicles

      Salvage, wreckers and body shops regulation...                             529,640          512,721

      Record search program....................................... 9,953,580       10,257,547

      Automation........................................................... 4,373,331         4,521,468

      Motor carrier......................................................... 1,153,160         1,199,312

      Motor vehicle pollution control......................... 8,592,825         9,395,811

      Verification of insurance.................................. 10,847,997       10,847,997

      DMV—Hearings........................................................... 2,186                 2,186

      Field services....................................................... 16,879,056       17,651,164

      Compliance enforcement...................................... 269,713            326,789

      Central services..................................................... 5,379,854         5,593,924

      Management services............................................. 322,569            329,071

      Director’s office.......................................................... 94,468               98,436

      Administrative services....................................... 4,051,335         4,889,951

Department of Public Safety

      Division of Emergency Management............... 5,694,286         5,706,307

      Division of Parole and Probation...................... 2,941,279         2,941,279

      Investigation Division............................................... 52,185               52,185

      Narcotics control.................................................. 1,778,732         1,788,393

      Training Division.......................................................... 8,250                 8,250

      State Fire Marshal................................................ 2,659,315         2,333,890

      Traffic safety........................................................ 2,579,271         2,588,108

      Highway safety.................................................... 1,088,669            907,793

      Bicycle safety program.......................................... 170,875            180,077

      Motorcycle safety program................................... 465,760            464,734

      Forfeitures—Law enforcement......................... 1,136,316         1,889,422

      Director’s office.................................................... 2,228,771         2,355,170


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ê2003 Statutes of Nevada, Page 1853 (Chapter 328, SB 504)ê

 

      Office of professional responsibility.................. $341,143          $339,888

      Justice Assistance Act.......................................... 6,023,396         6,023,396

      Criminal History Repository............................ 10,617,885       11,603,467

      Nevada Highway Patrol Division......................... 461,735            453,464

      Administrative services....................................... 1,459,332         1,491,529

      Highway safety grants........................................ 2,234,401         1,440,310

      Capitol Police Division........................................ 1,899,089         1,950,052

      State Emergency Response Commission............ 944,627            907,761

      Public safety information services.................... 5,388,904         5,519,309

      Public safety justice grant account...................... 392,883            403,553

Peace Officers’ Standards and Training Commission

      Peace officers’ standards and training............. 1,641,350         1,537,528

      Police Corps Program.............................................. 668,100            694,261

Public Employees’ Retirement Fund....................... 8,200,033         8,183,594

Public Employees’ Benefits Program

      Public Employees’ Benefits Program........... 212,678,904    244,434,932

      Retired Employee Group Insurance............... 20,293,994       22,814,274

Department of Employment, Training and Rehabilitation

      Administrative services....................................... 3,820,376         3,945,983

      Information and development processing...... 6,479,441         7,134,081

      Research and analysis......................................... 3,171,295         3,166,685

      Employment Security Division........................ 50,414,619       50,833,216

      Employment security special fund................. 23,913,010       10,106,142

      Welfare to work....................................................... 345,913                         0

      Career enhancement program......................... 15,015,722       14,022,722

Rehabilitation Division

      Rehabilitation administration............................... 419,439            484,304

      Office of disability employment policy............... 270,486            250,094

      Bureau of Vocational Rehabilitation............. 12,153,886       13,088,246

      Bureau of Services to the Blind and Visually Impaired            2,909,541          3,037,569

      Blind business enterprise program..................... 2,442,601         2,030,650

      Client assistance program...................................... 160,022            162,041

      Bureau of Disability Adjudication.................... 9,991,940       10,139,415

      Nevada Equal Rights Commission...................... 533,508            561,213

      Sec. 2.  1.  There is hereby appropriated from the money:

      (a) Received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; or

      (b) Recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products,

the sum of $257,412 for Fiscal Year 2003-2004 and the sum of $260,971 for Fiscal Year 2004-2005 to support the operation of the Attorney General administration program.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:


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

ê2003 Statutes of Nevada, Page 1854 (Chapter 328, SB 504)ê

 

      (a) Disburse, on or after July 1, 2003, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2003-2004 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2004, the money appropriated by subsection 1 in its entirety for the Fiscal Year 2004-2005 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money appropriated from this same source on a pro rata basis by percentage allocated by law.

      3.  There is hereby appropriated from the Fund for a Healthy Nevada:

      (a) The sum of $247,953 for Fiscal Year 2003-2004 and the sum of $247,953 for Fiscal Year 2004-2005 to support the operation of the EPS/Homemaker programs.

      (b) The sum of $1,590,971 for Fiscal Year 2003-2004 and the sum of $1,708,707 for Fiscal Year 2004-2005 to support the operation of the Senior Services program.

      4.  Notwithstanding the provisions of subsection 6 of NRS 439.620 to the contrary, the State Controller shall, from the money reserved for allocation by the Aging Services Division of the Department of Human Resources pursuant to paragraph (d) of subsection 1 of NRS 439.630:

      (a) Disburse, on or after July 1, 2003, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2003-2004 before other disbursements are made; and

      (b) Disburse, on or after July 1, 2004, the money appropriated by subsection 3 in its entirety for the Fiscal Year 2004-2005 before other disbursements are made.

      5.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal year reverts as soon as all payments of money committed have been made as follows: 10 percent to the Trust Fund for Public Health, 40 percent to the Millennium Scholarship Trust Fund, and 50 percent to the Fund for a Healthy Nevada.

      6.  Any balance of the sums appropriated by subsection 3 remaining at the end of the respective fiscal year reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 3.  1.  Expenditure of $26,913,795 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2003, and ending June 30, 2004.

      2.  Expenditure of $26,753,782 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2004, and ending June 30, 2005.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund.

      Sec. 4.  1.  Expenditure of $406,705 by the Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2003, and ending June 30, 2004.

      2.  Expenditure of $408,151 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 2004, and ending June 30, 2005.


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

ê2003 Statutes of Nevada, Page 1855 (Chapter 328, SB 504)ê

 

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal year reverts to the State General Fund as soon as all payments of money committed have been made.

      Sec. 5.  The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and 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.

      Sec. 6.  1.  Except as otherwise provided in subsection 2 and limited by section 7 of this act, and in accordance with the provisions of NRS 353.220, 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 in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so 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 so authorized in sections 1 to 4, inclusive, of this act.

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 7.  Except as otherwise provided in sections 8 and 11 of this act and subsection 3 of section 16 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.

      Sec. 8.  1.  The University and Community College System of Nevada may expend the following fees collected from the registration of students, resident or nonresident:

 

                                                                                       2003-2004       2004-2005

 

      University of Nevada, Reno........................... $29,802,190    $32,786,063

      University of Nevada, Las Vegas................... 54,894,896       59,946,770

      Community College of Southern Nevada..... 22,977,193       25,115,199

      Western Nevada Community College.............. 2,436,751         2,519,047


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

ê2003 Statutes of Nevada, Page 1856 (Chapter 328, SB 504)ê

 

      Truckee Meadows Community College........ $7,065,809       $7,531,841

      Dental School........................................................ 2,212,581         3,190,335

      Great Basin College............................................. 1,489,644         1,537,403

      William S. Boyd School of Law........................ 2,460,184         2,464,984

      School of Medicine.............................................. 1,933,278         1,953,544

      Nevada State College at Henderson.................... 385,605            657,681

 

      2.  The University and Community College System of Nevada may expend any additional registration fees collected from students for the purpose of meeting the salaries and related benefits for incremental instructional faculty necessary as a result of registering additional students beyond the budgeted enrollments. The University and Community College System of Nevada may also expend, with the approval of the Interim Finance Committee, any additional nonresident tuition fees and any additional registration fees not utilized for incremental instructional faculty costs in addition to the authorized amounts for the respective years.

      Sec. 9.  Whenever claims which are payable and properly approved exceed the amount of cash in the Wildlife Account in the State General Fund, the State Controller may, with the approval of the Chief of the Budget Division of the Department of Administration, transfer temporarily from the State General Fund to the Wildlife Account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.

      Sec. 10.  The sums authorized by section 1 of this act for Tahoe Regional Planning Agency Threshold Research/Pathway 2007 are available for both Fiscal Years 2003-2004 and 2004-2005 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.

      Sec. 11.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his services:

 

                                                                             For the fiscal           For the fiscal

                                                                               year ending             year ending

                                                                           June 30, 2004         June 30, 2005

             Carson City................................................. $500,861               $498,653

             Eureka County.............................................. 46,038                     45,835

             Humboldt County...................................... 170,364                   169,613

             Lincoln County............................................. 75,174                     74,842

             Pershing County.......................................... 100,083                     99,642

             Storey County............................................... 25,799                     25,685

             White Pine County..................................... 193,717                   192,863

      Totals  ............................................................. 1,112,036                1,107,133

 

      2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 2003 Legislature for employees of the State Public Defender’s Office for Fiscal Year 2003-2004 and Fiscal Year 2004-2005.

      3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his services.


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

ê2003 Statutes of Nevada, Page 1857 (Chapter 328, SB 504)ê

 

      Sec. 12.  In Fiscal Years 2003-2004 and 2004-2005, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Division of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

      Sec. 13.  On and after July 1, 1995, money collected by the Division of Wildlife and designated by the Division as an obligated sum in the Wildlife Account to be used only for the purposes specified by the law pertaining to the money or by the donor of the money must be transferred to a separate account designated as the Division of Wildlife’s Obligated Reserve Account.

      Sec. 14.  Any unspent sums authorized in Fiscal Year 2002-2003 by section 1 of chapter 586, Statutes of Nevada 2001, at page 3018 for Tahoe Regional Planning Agency Threshold Research are available for Fiscal Year 2003-2004.

      Sec. 15.  Any money authorized for expenditure for the purpose of any information technology projects in section 1 of this act for the Department of Administration, Information Technology Projects that are budgeted to cost in excess of $50,000 in Fiscal Year 2003-2004 that remains unexpended on June 30, 2004, may be carried forward to Fiscal Year 2004-2005. Any amount carried forward must be used to complete the information technology project as approved by the Legislature.

      Sec. 16.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose notwithstanding the provisions of section 7 of this act.

      Sec. 17.  Any money authorized for expenditure in section 1 of chapter 586, Statutes of Nevada 2001, for the Division of State Parks of the State Department of Conservation and Natural Resources for park improvements that remains unexpended on June 30, 2003, may be carried forward to each fiscal year of the 2003-2005 biennium to complete the projects as authorized by the 2001 Legislature.

      Sec. 18.  1.  From the authorized expenditure is section 1 of this act, there is hereby allocated from the Commission on Tourism to the State Arts Council the sum of $250,000 for distribution to the Las Vegas Performing Arts Center Foundation for the planning and design of a performing arts center in the City of Las Vegas.

      2.  Upon acceptance of the money allocated by subsection 1, the Las Vegas Performing Arts Center Foundation agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2005, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Las Vegas Performing Arts Center Foundation through December 1, 2005; 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 an audit of the use of the moneys allocated to the Las Vegas Performing Arts Center Foundation.


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

ê2003 Statutes of Nevada, Page 1858 (Chapter 328, SB 504)ê

 

      3.  Any remaining balance of the allocation must not be committed for expenditure after June 30, 2006, and reverts to the Commission on Tourism as soon as all payments of money committed have been made.

      Sec. 19.  Notwithstanding any other provision of law to the contrary:

      1.  The State Printing Division of the Department of Administration is hereby transferred to the Legislative Counsel Bureau on July 1, 2003. On that date, all real and personal property of the Printing Division must be transferred to and become the property of the Legislative Counsel Bureau.

      2.  The Director may incorporate the Printing Division into one or more of the existing divisions of the Legislative Counsel Bureau or create a new division of the Legislative Counsel Bureau.

      3.  All debt of the State Printing Division of the Department of Administration to the State General Fund or any other state fund or entity is hereby forgiven.

      4.  All outstanding capital improvement projects funded by this and previous sessions for the State Printing Division of the Department of Administration are hereby transferred to the Legislative Counsel Bureau. The State Public Works Board shall work with the Legislative Counsel Bureau and complete all of these capital improvement projects for which expenditures have been approved not later than the date on which the money approved for those projects is required to be reverted.

      5.  No public agency is required to use the services of the Printing Division, and the Printing Division is not required to produce any work for a state agency except work required by statute to be produced for:

      (a) The Legislative Counsel Bureau or the Nevada Legislature; or

      (b) The Supreme Court of Nevada.

      6.  Authority for the administration of the State Printing Fund is transferred to the Director of the Legislative Counsel Bureau.

      7.  The employees of the Printing Division are hereby transferred to and become employees of the Legislative Counsel Bureau.

      8.  The Director of the Legislative Counsel Bureau may retain such employees of the Printing Division who are transferred to the Legislative Counsel Bureau as he deems appropriate for the continued operation of the Printing Division, and may establish the compensation and duties of the employees who are retained and the positions that continue in existence. The Director of the Legislative Counsel Bureau may change the compensation of the employees of the Printing Division and may incorporate any of the positions from the Printing Division into existing positions of the Legislative Counsel Bureau but shall not expend more than the total amount approved for expenditure for that purpose in each respective fiscal year. To the extent practicable, the existing employees of the Printing Division must be retained.

      Sec. 20.  1.  This section and sections 1 to 17, inclusive, and 19 of this act become effective on July 1, 2003.

      2.  Section 18 of this act becomes effective on July 1, 2004.

________

 


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ê2003 Statutes of Nevada, Page 1859ê

 

CHAPTER 329, SB 426

Senate Bill No. 426–Committee on Commerce and Labor

 

CHAPTER 329

 

AN ACT relating to wireless telecommunications; providing for standards and procedures for approval by a state or local land use authority of an application for the construction of a facility for personal wireless service under certain circumstances; authorizing a land use authority to assess an applicant for the actual costs incurred by the authority to process an application; requiring that a denial of an application be in writing, set forth each ground for denial and describe the documents relied upon; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature finds and declares that:

      1.  Congress enacted the Wireless Communications and Public Safety Act of 1999, Public Law 106-81, 113 Stat. 1286, to encourage states to make efforts to facilitate the development of seamless, ubiquitous and reliable personal wireless services networks as a means of promoting public safety by providing immediate and critical communications links among members of the public, emergency medical service providers and emergency dispatch providers. The widespread use of personal wireless services in the rescue, relief and recovery efforts following the September 11, 2001, terrorist attacks, in which landline communication networks were unavailable or unsuited to meeting exigent public safety communications needs, demonstrated the versatility and robustness of personal wireless services networks and their resulting importance to public safety and homeland security. It is the intent of the Legislature in enacting the provisions of sections 3 to 10, inclusive, of this act to reaffirm the federal policy of facilitating the development of seamless, ubiquitous and reliable personal wireless services networks as reflecting the public policy of the State of Nevada, and to set forth uniform standards and procedures that will give effect to this policy.

      2.  A large percentage of the residents of this state subscribe to personal wireless services, and there is a substantial public interest in permitting the residents of this state to enjoy the increase in personal productivity, flexibility and convenience attributable to the availability of seamless, ubiquitous and reliable personal wireless services. Seamless, ubiquitous and reliable personal wireless services also facilitate telecommuting, flexible hours and other alternate work arrangements that are integral to the service economy of this state and strategies for reducing road congestion.

      3.  Local governments in this state retain an important role in decisions concerning the construction of facilities for personal wireless services in order to ensure that such decisions give consideration to legitimate local concerns. Nevertheless, because personal wireless services networks must be seamless, ubiquitous and reliable to be effective, there is a preeminent state interest in ensuring the availability of such services throughout the State. Furthermore, in the Telecommunications Act of 1996, Public Law 104-104, 110 Stat.


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ê2003 Statutes of Nevada, Page 1860 (Chapter 329, SB 426)ê

 

110 Stat. 56, Congress required that applications for facilities for personal wireless services be acted upon in an expeditious manner and without unreasonable delay. It is the intent of the Legislature in enacting the provisions of sections 3 to 10, inclusive, of this act to balance local, state and national interests by specifying uniform statewide procedures for the review by the State and by any local governments of applications to construct facilities for personal wireless service and to encourage the State and any local governments to allow the construction of facilities for personal wireless service on government property.

      Sec. 2.  Chapter 707 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 10, inclusive, of this act.

      Sec. 3.  As used in sections 3 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Facility for personal wireless service” includes any building, structure, antenna and other equipment used to provide personal wireless service. The term includes a telecommunications tower.

      Sec. 5.  “Land use authority” means an agency, bureau, board, commission, department, division, officer or employee of the State or of a local government authorized by law to take action on an application to construct a facility for personal wire service.

      Sec. 6.  “Personal wireless service” has the meaning ascribed to it in 47 U.S.C. § 332(c)(7)(C), as that provision existed on July 1, 2003.

      Sec. 7.  “Telecommunications tower” means any freestanding tower, monopole or similar structure used to provide personal wireless services.

      Sec. 8.  1.  Notwithstanding any specific statute or ordinance to the contrary, a land use authority with jurisdiction over an application to construct a facility for personal wireless service shall:

      (a) Establish procedures and standards for the review and approval of such an application, including, without limitation, procedures for:

             (1) Review and approval of such an application by administrative staff pursuant to this section; and

             (2) Consideration of such an application by the land use authority if the administrative staff denies the application; and

      (b) Authorize administrative staff to review and approve such an application pursuant to this section.

      2.  The administrative staff authorized to review and approve an application to construct a facility for personal wireless service may approve such an application if:

      (a) The applicant complies with the procedures established by the land use authority pursuant to this section;

      (b) The facility for personal wireless service meets the standards established by the land use authority pursuant to this section;

      (c) The applicant is a provider of wireless telecommunications that is licensed by the Federal Communications Commission to provide wireless telecommunications services over a designated radio frequency and authorized to do business in this state; and

      (d) The facility for personal wireless service is to be:

             (1) Architecturally integrated with its surroundings so that it appears to be an architectural feature of a building or other structure and its nature as a facility for personal wireless service is not readily apparent;


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ê2003 Statutes of Nevada, Page 1861 (Chapter 329, SB 426)ê

 

             (2) Collocated with a facility for personal wireless service approved, or capable of being approved, by the land use authority, if the facility for personal wireless service that is the subject of the application is architecturally integrated as described in subparagraph (1) at least to the extent that the facility for personal wireless service with which it is to be collocated is architecturally integrated;

             (3) Constructed on an existing building or structure owned by a public utility or on property owned by the State or by a local government; or

             (4) If constructed on an existing building or structure not owned by a public utility, architecturally compatible with the building or structure.

      3.  If the administrative staff authorized pursuant to this section to review and approve an application to construct a facility for personal wireless service denies such an application, the administrative staff shall provide to the applicant and the land use authority a written explanation that identifies each procedure and standard that the applicant, application or facility for personal wireless service failed to meet.

      4.  The land use authority shall not:

      (a) Consider the environmental effects of radio frequency emissions from a facility for personal wireless service if the facility complies with the regulations of the Federal Communications Commission concerning such emissions.

      (b) If the application to construct a facility for personal wireless services requests the use of a public right-of-way, deny the application based on the use of the public right-of-way if the proposed use:

             (1) Meets all applicable state and local requirements for use of a public right-of-way, including, without limitation, any requirements established by the land use authority; and

             (2) Does not endanger the public health or safety.

      Sec. 9.  A land use authority, in connection with an application to construct a facility for personal wireless service, may assess the applicant for the actual costs incurred by the land use authority to process the application.

      Sec. 10.  1.  A land use authority that denies the approval of an application to construct a facility for personal wireless service shall issue a written decision. The decision must:

      (a) Set forth with specificity each ground on which the authority denied the approval of the application; and

      (b) Describe the documents relied upon by the land use authority in making its decision.

      2.  A person who brings an action against a land use authority pursuant to NRS 278.0233 shall file a copy of the decision and record with the court.

      Sec. 11.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1862ê

 

CHAPTER 330, AB 432

Assembly Bill No. 432–Assemblymen Brown, Knecht, Hardy, Andonov, Goicoechea, Grady, Hettrick, Marvel and Sherer

 

CHAPTER 330

 

AN ACT relating to public works; revising the provisions governing the penalty for the failure of a contractor or subcontractor engaged on a public work to report each workman employed on the public work to the public body that awarded the contract; prohibiting a contractor on a public work from withholding certain money from a subcontractor under certain circumstances; imposing a penalty against a contractor or subcontractor for willfully including inaccurate or incomplete information in a report required to be submitted to the public body that awarded the contract for the public work; authorizing the Labor Commissioner to waive or reduce certain penalties imposed on contractors and subcontractors for good cause shown; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.060 is hereby amended to read as follows:

      338.060  1.  [A] Except as otherwise provided in subsection 8, a contractor engaged on a public [works] work shall forfeit, as a penalty to the public body [in] on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work [:

      (a) Is] is paid less than the designated rate for any work done under the contract, by the contractor or any subcontractor under him.

      [(b) Is]

      2.  Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof for each workman employed on the public work for which the contractor or subcontractor willfully included inaccurate or incomplete information in the monthly record required to be submitted to the public body pursuant to subsection 5 of NRS 338.070.

      3.  Except as otherwise provided in subsection 8, a contractor engaged on a public work shall forfeit, as a penalty to the public body on behalf of which the contract has been made and awarded to the contractor, not less than $20 nor more than $50 for each calendar day or portion thereof that each workman employed on the public work is not reported to the public body awarding the contract by the contractor or any of his subcontractors as required pursuant to subsection 5 of NRS 338.070 [. The] , up to a maximum of:

      (a) For the first failure to comply during the term of the contract for the public work, $1,000; and

      (b) For each subsequent failure to comply during the term of the contract for the public work, $5,000.


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ê2003 Statutes of Nevada, Page 1863 (Chapter 330, AB 432)ê

 

      4.  Except as otherwise provided in subsection 8, if a violation of more than one provision of subsections 1, 2 and 3 involves the same workman, the contractor shall forfeit the penalty set forth in each subsection that was violated.

      5.  A public body awarding [the] a contract for a public work shall cause a stipulation [to this effect] setting forth the penalties specified in subsections 1 to 4, inclusive, to be inserted in the contract.

      [2.] 6.  The Labor Commissioner shall, by regulation, establish a sliding scale based on the size of the contractor’s business to determine the amount of the penalty to be imposed pursuant to [subsection 1.

      3.] subsections 1 and 2.

      7.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

      8.  The Labor Commissioner may, for good cause shown, waive or reduce any penalty imposed pursuant to this section.

      Sec. 2.  NRS 338.070 is hereby amended to read as follows:

      338.070  1.  Any public body and its officers or agents awarding a contract shall:

      (a) Investigate possible violations of the provisions of NRS 338.010 to 338.090, inclusive, committed in the course of the execution of the contract, and determine whether a violation has been committed and inform the Labor Commissioner of any such violations; and

      (b) When making payments to the contractor of money becoming due under the contract, withhold and retain all sums forfeited pursuant to the provisions of NRS 338.010 to 338.090, inclusive.

      2.  No sum may be withheld, retained or forfeited, except from the final payment, without a full investigation being made by the awarding body or its agents.

      3.  [It] Except as otherwise provided in subsection 6, it is lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the failure of the subcontractor to comply with the terms of NRS 338.010 to 338.090, inclusive. If payment has already been made to the subcontractor, the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.

      4.  The contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, the occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the public work.

      5.  The record maintained pursuant to subsection 4 must be open at all reasonable hours to the inspection of the public body awarding the contract, and its officers and agents. The contractor or subcontractor shall ensure that a copy of the record for each calendar month is received by the public body awarding the contract no later than [10] 15 days after the end of the month. The copy must be open to public inspection as provided in NRS 239.010. The record in the possession of the public body awarding the contract may be discarded by the public body 2 years after final payment is made by the public body for the public work.

      6.  A contractor shall not withhold from a subcontractor under him the sums necessary to cover any penalties provided pursuant to subsection 3 of NRS 338.060 that may be withheld from the contractor by the public body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 4 for a calendar month by the time specified in subsection 5 if:


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ê2003 Statutes of Nevada, Page 1864 (Chapter 330, AB 432)ê

 

body awarding the contract because the public body did not receive a copy of the record maintained by the subcontractor pursuant to subsection 4 for a calendar month by the time specified in subsection 5 if:

      (a) The subcontractor provided to the contractor, for submission to the public body by the contractor, a copy of the record not later than the later of:

             (1) Ten days after the end of the month; or

             (2) A date agreed upon by the contractor and subcontractor; and

      (b) The contractor failed to submit the copy of the record to the public body by the time specified in subsection 5.

Nothing in this subsection prohibits a subcontractor from submitting a copy of a record for a calendar month directly to the public body by the time specified in subsection 5.

      7.  Any contractor or subcontractor, or agent or representative thereof, performing work for a public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.

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

________

 

CHAPTER 331, AB 431

Assembly Bill No. 431–Assemblywoman Giunchigliani

 

CHAPTER 331

 

AN ACT relating to energy; revising the membership of the Task Force for Renewable Energy and Energy Conservation; requiring the Public Utilities Commission of Nevada to adopt a system of renewable energy credits; providing for the establishment of the Solar Energy Systems Demonstration Program; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

      Whereas, Distributed generation of electricity using solar technology, including photovoltaic cells, can play an important role in the future of energy production in Nevada; and

      Whereas, Even though each individual solar energy system is small, the combination of a large number of systems on homes, businesses, schools and public buildings can reduce the demand for electricity at times of peak consumption; and

      Whereas, A large demand for individual solar energy systems will have the effect of creating new, skilled jobs and lead to the location in this state of the manufacturing of these systems and research into and development of these systems; and

      Whereas, The Nevada Legislature recently passed legislation creating a portfolio standard for renewable energy for producers of electricity and seeks to build upon that effort; and

      Whereas, Legislative action is necessary to accelerate the development of a market for photovoltaic systems in schools, public buildings, homes and small businesses and to encourage the use of trained and certified solar energy system installers; now, therefore,THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

 


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ê2003 Statutes of Nevada, Page 1865 (Chapter 331, AB 431)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 701.350 is hereby amended to read as follows:

      701.350  1.  The Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of [nine] 10 members who are appointed as follows:

      (a) Two members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this state with respect to biomass and the other of whom represents the interests of the mining industry in this state.

      (b) Two members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this state with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

      (c) One member appointed by the Minority Leader of the Senate to represent the interests of the renewable energy industry in this state with respect to solar energy.

      (d) One member appointed by the Minority Leader of the Assembly to represent the interests of the public utilities in this state.

      (e) Two members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this state with respect to wind and the other of whom represents the interests of the gaming industry in this state.

      (f) One member appointed by the Consumer’s Advocate to represent the interests of the consumers in this state.

      (g) One member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.

      2.  A member of the Task Force:

      (a) Must be a citizen of the United States and a resident of this state.

      (b) Must have training, education, experience or knowledge concerning:

             (1) The development or use of renewable energy;

             (2) Financing, planning or constructing renewable energy generation projects;

             (3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

             (4) Weatherization;

             (5) Building and energy codes and standards;

             (6) Grants or incentives concerning energy;

             (7) Public education or community relations; or

             (8) Any other matter within the duties of the Task Force.

      (c) Must not be an officer or employee of the Legislative or Judicial Department of State Government.

      3.  After the initial terms, the term of each member of the Task Force is 3 years. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.

      4.  A member of the Task Force who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable.


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ê2003 Statutes of Nevada, Page 1866 (Chapter 331, AB 431)ê

 

without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the Task Force to:

      (a) Make up the time he is absent from work to carry out his duties as a member of the Task Force; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 2.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that:

      (a) Uses renewable energy to generate electricity; and

      (b) Transmits or distributes the electricity that it generates from renewable energy via:

             (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

             (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.

      2.  A solar [thermal] energy system that reduces the consumption of electricity.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 3.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:

      (a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      2.  In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:


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ê2003 Statutes of Nevada, Page 1867 (Chapter 331, AB 431)ê

 

      (a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:

             (1) The term of the renewable energy contract must be not less than 10 years, unless the other party agrees to a renewable energy contract with a shorter term; and

             (2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.

      3.  If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar [thermal] energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar [thermal] energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  The Commission [may] shall adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.

      5.  Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.

      6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      7.  The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.

      8.  As used in this section:

      (a) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (b) “Terms and conditions” includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.


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ê2003 Statutes of Nevada, Page 1868 (Chapter 331, AB 431)ê

 

      Sec. 4.  As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 13, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 5.  “Applicant” means a person who is applying to participate in the Demonstration Program.

      Sec. 6.  “Category” means one of the categories of participants in the Demonstration Program as set forth in section 14 of this act.

      Sec. 7.  “Committee” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

      Sec. 8.  “Demonstration Program” means the Solar Energy Systems Demonstration Program created by section 14 of this act.

      Sec. 9.  “Participant” means a person who has been approved by the Public Utilities Commission of Nevada, pursuant to section 18 of this act, to participate in the Demonstration Program.

      Sec. 10.  “Person” includes a governmental entity.

      Sec. 11.  “Program year” means the period of July 1 to June 30 of the following year.

      Sec. 12.  “Solar energy system” means a facility or energy system for the generation of electricity that uses photovoltaic cells and solar energy to generate electricity.

      Sec. 13.  “Utility” means a public utility that supplies electricity in this state.

      Sec. 14.  1.  The Solar Energy Systems Demonstration Program is hereby created.

      2.  The Demonstration Program shall have three categories of participants as follows:

      (a) Schools;

      (b) Other public buildings; and

      (c) Private residences and small businesses.

      3.  A person is eligible to participate in the Demonstration Program if the person:

      (a) To install a solar energy system, uses an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (b) For a participant in the category of schools or a participant in the category of public buildings, provides for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

      4.  In addition to the requirements of subsection 3, to be eligible to participate in the Demonstration Program, a person must be approved by the Public Utilities Commission of Nevada.

      5.  The Public Utilities Commission of Nevada shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Demonstration Program in the particular category of:

      (a) Schools;

      (b) Other public buildings; or

      (c) Private residences or small businesses.

      Sec. 15.  1.  On or before November 1, 2003, the Committee shall:

      (a) Develop an application for the Demonstration Program; and


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ê2003 Statutes of Nevada, Page 1869 (Chapter 331, AB 431)ê

 

      (b) Advertise for the submission of applications for the Demonstration Program for the program year beginning July 1, 2004.

      2.  On or before November 1, 2004, and on or before November 1 of each subsequent year, the Committee shall advertise for the submission of applications for the Demonstration Program for the following program year.

      3.  The advertisements of the Committee for application for the Demonstration Program must include, without limitation:

      (a) A description of the requirements for participation in the Demonstration Program;

      (b) A description of the incentives available to participants in the Demonstration Program; and

      (c) A description of the application process to participate in the Demonstration Program.

      Sec. 16.  1.  On or before February 1, 2004, and on or before February 1 of each subsequent year, an applicant desiring to participate in the Demonstration Program for the following program year must apply to the Committee, on an application form prescribed by the Committee.

      2.  The applicant shall include in the application to the Committee:

      (a) A designation of the category of the applicant.

      (b) The kilowatt capacity of the proposed solar energy system.

      (c) For an applicant in the category of schools or an applicant in the category of other public buildings, a description of the plan to provide for the public display of the solar energy system.

      (d) Any other information required by the Committee.

      Sec. 17.  1.  On or before March 1, 2004, the Committee shall:

      (a) Review the applications submitted for participation in the Demonstration Program for the program year beginning July 1, 2004, to ensure that the requirements of subsection 3 of section 14 of this act are met; and

      (b) Nominate qualified applicants for participation in the Demonstration Program for the program year beginning July 1, 2004.

      2.  On or before February 1, 2005, and on or before February 1 of each subsequent year, the Committee shall:

      (a) Review the applications submitted for participation in the Demonstration Program for the following program year to ensure that the requirements of subsection 3 of section 14 of this act are met; and

      (b) Nominate qualified applicants for participation in the Demonstration Program for the following program year.

      3.  If the Committee nominates an applicant for participation in the Demonstration Program, the Committee shall forward the application to the Public Utilities Commission of Nevada within 15 days after making the decision to nominate the applicant.

      Sec. 18.  1.  On or before May 1 of each year, the Public Utilities Commission of Nevada shall:

      (a) Review each application nominated by the Committee to ensure that the application meets the requirements of subsection 3 of section 14 of this act; and

      (b) From those nominees, select participants for the Demonstration Program for the following program year.

      2.  The Public Utilities Commission of Nevada may approve, from among the applications nominated by the Committee, solar energy systems totaling:


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ê2003 Statutes of Nevada, Page 1870 (Chapter 331, AB 431)ê

 

      (a) For the program year beginning July 1, 2004:

             (1) 100 kilowatts of capacity for schools;

             (2) 200 kilowatts of capacity for other public buildings; and

             (3) 200 kilowatts of capacity for private residences and small businesses.

      (b) For the program year beginning July 1, 2005:

             (1) An additional 450 kilowatts of capacity for schools;

             (2) An additional 450 kilowatts of capacity for other public buildings; and

             (3) An additional 600 kilowatts of capacity for private residences and small businesses.

      (c) For the program year beginning July 1, 2006:

             (1) An additional 900 kilowatts of capacity for schools;

             (2) An additional 900 kilowatts of capacity for other public buildings; and

             (3) An additional 1200 kilowatts of capacity for private residences and small businesses.

      3.  The Public Utilities Commission of Nevada shall notify each nominee of its selections no later than 10 days after the decision is made.

      Sec. 19.  1.  After the participant installs the solar energy system included in the Demonstration Program, the Public Utilities Commission of Nevada shall issue to the participant the following renewable energy credits for use within the system of renewable energy credits adopted by the Commission pursuant to NRS 704.7821:

      (a) For a participant in the category of schools or a participant in the category of other public buildings, the participant is entitled to renewable energy credits equal to twice the actual or estimated kilowatt-hour production of the solar energy system of the participant for a period of not less than 10 years.

      (b) For a participant in the category for private residences and small businesses, the participant is entitled to renewable energy credits equal to the actual or estimated kilowatt-hour production of the solar energy system of the participant.

      2.  The Commission shall designate the renewable energy credits issued to the participant pursuant to subsection 1 as renewable energy credits generated or acquired from solar renewable energy systems. The participant may transfer the renewable energy credits to a utility if the participant complies with the regulations adopted by the Commission to complete such a transfer.

      3.  The Commission shall adopt regulations to provide for the requirements and the procedures that a participant must follow to transfer renewable energy credits from the participant to a utility.

      Sec. 20.  1.  If the solar energy system used by a participant in the Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      2.  If the utility which provides service to the participant offers an optional pricing plan that allows the utility to charge a customer varying rates per kilowatt-hour of electricity depending on the time of day that the customer uses the electricity, the participant is also entitled to participate in net metering under that optional pricing plan.


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ê2003 Statutes of Nevada, Page 1871 (Chapter 331, AB 431)ê

 

      3.  A participant who participates in net metering must be billed on a monthly basis by the utility.

      4.  Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 704.775, the utility shall credit the participant for the excess energy generated by the participant which is fed back to the utility that exceeds the electricity supplied by the utility to the participant during any billing period. This credit must be applied toward the electricity consumed by the participant in the 11 billing periods immediately following the billing period in which the credit accrues. Any credit that accrues to the participant during a billing period that is not applied toward the electricity consumed by the participant during the 11 billing periods immediately following must expire without compensation to the participant. The electricity represented by the expired credit shall be deemed to be electricity that the utility generated or acquired from a renewable energy system to comply with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.

      5.  If the participant participates in net metering under an optional pricing plan pursuant to the provisions of subsection 2, any credit accrued by the participant pursuant to subsection 3 during a billing period must, until exhausted, be applied first toward the electricity consumed by the participant during peak period consumption, second toward the electricity consumed by the participant during mid-peak period consumption and finally toward the electricity consumed by the participant during off-peak period consumption.

      Sec. 21.  If the Public Utilities Commission of Nevada determines that a participant did not comply with the requirements for participation in the Demonstration Program, the Public Utilities Commission of Nevada shall, after notice and an opportunity for a hearing, withdraw the participant from the Demonstration Program.

      Sec. 22.  As soon as practicable after July 1, 2003, the governing board of the State of Nevada AFL-CIO shall make the appointment to the Task Force for Renewable Energy and Energy Conservation required by the amendatory provisions of section 1 of this act.

      Sec. 23.  This act becomes effective on July 1, 2003.

      Sec. 24.  The provisions of sections 4 to 21, inclusive, of this act expire by limitation on June 30, 2007.

________

 


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ê2003 Statutes of Nevada, Page 1872ê

 

CHAPTER 332, AB 429

Assembly Bill No. 429–Assemblymen Hettrick, Hardy, Geddes, Knecht, Beers, Brown, Goicoechea, Grady, Griffin, Gustavson, Mabey, Marvel and Sherer

 

CHAPTER 332

 

AN ACT relating to energy; making various changes relating to net metering and renewable energy; authorizing the Director of the Office of Energy within the Office of the Governor to develop a program to distribute money in the form of grants, incentives or rebates to pay or defray the costs for persons to acquire, install or improve net metering systems; revising provisions governing the regulation of net metering; revising the definition of renewable energy to include waterpower for the purposes of the portfolio standard for renewable energy for certain providers of electric service and for net metering and optional pricing; revising the provisions governing the portfolio standard to include energy from a qualified energy recovery process; transferring money from the Public Utilities Commission Regulatory Fund to the Office of Energy; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 701 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Net metering system” has the meaning ascribed to it in NRS 704.771.

      Sec. 3.  1.  The Director shall develop a program to distribute money, within the limits of legislative appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems, if the Director determines that the distribution of money to a person for that purpose will encourage, promote or stimulate:

      (a) The development or use of sources of renewable energy in the State or the development of industries or technologies that use sources of renewable energy in the State;

      (b) The conservation of energy in the State, the diversification of the types of energy used in the State or any reduction in the dependence of the State on foreign sources of energy;

      (c) The protection of the natural resources of the State or the improvement of the environment;

      (d) The enhancement of existing utility facilities or any other infrastructure in the State or the development of new utility facilities or any other infrastructure in the State; or

      (e) The investment of capital or the expansion of business opportunities in the State or any growth in the economy of the State.

      2.  The Director may adopt any regulations that are necessary to carry out the provisions of this section.


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ê2003 Statutes of Nevada, Page 1873 (Chapter 332, AB 429)ê

 

      3.  The Director shall not distribute money to any person pursuant to this section unless:

      (a) The person complies with any requirements that the Director adopts by regulation; and

      (b) The distribution of the money is consistent with one or more of the public purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.

      4.  As used in this section, “person” includes, without limitation, any state or local governmental agency or entity.

      Sec. 4.  NRS 701.020 is hereby amended to read as follows:

      701.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 701.030 to 701.090, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 701.380 is hereby amended to read as follows:

      701.380  1.  The Task Force shall:

      (a) Advise the Office of Energy in [the] :

             (1) The development and periodic review of the comprehensive state energy plan with regard to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (2) The distribution of money to persons pursuant to section 3 of this act to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems.

      (b) Coordinate its activities and programs with the activities and programs of the Office of Energy, the Consumer’s Advocate and the Public Utilities Commission of Nevada and other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (c) Spend the money in the Trust Fund for Renewable Energy and Energy Conservation to:

             (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (4) Conduct feasibility studies, including, without limitation, [a feasibility study] any feasibility studies concerning the establishment or expansion of [an incentive fund,] any grants , incentives, rebates or other programs to enable or assist [residential, small commercial and agricultural customers] persons to reduce the cost of purchasing on-site generation systems, net metering systems and distributed generation systems that use renewable energy.

      (d) Take any other actions that the Task Force deems necessary to carry out its duties, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Task Force in carrying out its duties.


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ê2003 Statutes of Nevada, Page 1874 (Chapter 332, AB 429)ê

 

necessary, for the purposes of program design or to assist the Task Force in carrying out its duties.

      2.  The Task Force shall prepare an annual report concerning its activities and programs and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:

      (a) A description of the objectives of each activity and program;

      (b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;

      (c) The amount of money distributed for each activity and program from the Trust Fund for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;

      (d) An analysis of the coordination between the Task Force and other officers and agencies; and

      (e) Any changes planned for each activity and program.

      3.  As used in this section [:

      (a) “Distributed] , “distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed.

      [(b) “Net metering system” has the meaning ascribed to it in NRS 704.771.]

      Sec. 6.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  “Qualified energy recovery process” means a system with a nameplate capacity of not more than 15 megawatts that converts the otherwise lost energy from:

      (a) The heat from exhaust stacks or pipes used for engines or manufacturing or industrial processes; or

      (b) The reduction of high pressure in water or gas pipelines before the distribution of the water or gas,

to generate electricity if the system does not use additional fossil fuel or require a combustion process to generate such electricity.

      2.  The term does not include any system that uses energy, lost or otherwise, from a process whose primary purpose is the generation of electricity, including, without limitation, any process involving engine-driven generation or pumped hydrogeneration.

      Sec. 7.  NRS 704.771 is hereby amended to read as follows:

      704.771  “Net metering system” means a facility or energy system for the generation of electricity that:

      1.  Uses renewable energy as its primary source of energy to generate electricity;

      2.  Has a generating capacity of not more than [10] 30 kilowatts;

      3.  Is located on the customer-generator’s premises;

      4.  Operates in parallel with the utility’s transmission and distribution facilities; and

      5.  Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

      Sec. 8.  NRS 704.7801 is hereby amended to read as follows:

      704.7801  As used in NRS 704.7801 to 704.7828, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7805 to 704.7818, inclusive, have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 1875 (Chapter 332, AB 429)ê

 

      Sec. 8.5.  NRS 704.7805 is hereby amended to read as follows:

      704.7805  “Portfolio standard” means a portfolio standard for renewable energy and energy from a qualified energy recovery process established by the Commission pursuant to NRS 704.7821.

      Sec. 9.  NRS 704.7811 is hereby amended to read as follows:

      704.7811  1.  “Renewable energy” means:

      (a) Biomass;

      (b) Geothermal energy;

      (c) Solar energy; [and]

      (d) Waterpower; and

      (e) Wind.

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

      3.  As used in this section, “waterpower” means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:

      (a) Derived from water stored in a reservoir by a dam or similar device, unless:

             (1) The water is used exclusively for irrigation;

             (2) The dam or similar device was in existence on January 1, 2003; and

             (3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;

      (b) That requires a new or increased appropriation or diversion of water for its creation; or

      (c) That requires the use of any fossil fuel for its creation, unless:

             (1) The primary purpose of the use of the fossil fuel is not the creation of the power; and

             (2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.

      Sec. 10.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that:

      (a) Uses renewable energy or energy from a qualified energy recovery process to generate electricity; and

      (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process via:

             (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

             (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.


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ê2003 Statutes of Nevada, Page 1876 (Chapter 332, AB 429)ê

 

      2.  A solar [thermal] energy system that reduces the consumption of [electricity.] electricity, natural gas or propane.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 11.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard for renewable energy [.] and energy from a qualified energy recovery process. The portfolio standard must require each provider to generate or acquire electricity from renewable energy systems in an amount that is:

      (a) For calendar years 2003 and 2004, not less than 5 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (b) For calendar years 2005 and 2006, not less than 7 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (c) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (d) For calendar years 2009 and 2010, not less than 11 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (e) For calendar years 2011 and 2012, not less than 13 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      (f) For calendar year 2013 and for each calendar year thereafter, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this state during that calendar year.

      2.  In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate or acquire from renewable energy systems during each calendar year, not less than 5 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) If the provider acquires electricity from a renewable energy system pursuant to a renewable energy contract with another party:

             (1) The term of the renewable energy contract must be not less than 10 years, unless the other party agrees to a renewable energy contract with a shorter term; and

             (2) The terms and conditions of the renewable energy contract must be just and reasonable, as determined by the Commission. If the provider is a public utility and the Commission approves the terms and conditions of the renewable energy contract between the provider and the other party, the renewable energy contract and its terms and conditions shall be deemed to be a prudent investment and the provider may recover all just and reasonable costs associated with the renewable energy contract.

      3.  If, for the benefit of one or more of its retail customers in this state, the provider has subsidized, in whole or in part, the acquisition or installation of a solar [thermal] energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar [thermal] energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.


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ê2003 Statutes of Nevada, Page 1877 (Chapter 332, AB 429)ê

 

provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  The Commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.

      5.  Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.

      6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of renewable energy credits, the provider shall take actions to acquire electricity pursuant to one or more renewable energy contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity made available to the provider pursuant to renewable energy contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      7.  The Commission shall adopt regulations for the determination of just and reasonable terms and conditions for the renewable energy contracts that a provider of electric service must enter into to comply with its portfolio standard.

      8.  As used in this section:

      (a) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (b) “Terms and conditions” includes, without limitation, the price that a provider of electric service must pay to acquire electricity pursuant to a renewable energy contract.

      Sec. 11.5.  NRS 704B.320 is hereby amended to read as follows:

      704B.320  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this state that is available to the electric utility and the existing demand for energy in this state that is consumed by the customers of the electric utility, as determined by the Commission.

      2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

      (a) Contract with the provider to purchase:

             (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and


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ê2003 Statutes of Nevada, Page 1878 (Chapter 332, AB 429)ê

 

             (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

      (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

      3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

      4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the regulatory operations staff of the Commission, the Consumer’s Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

      (b) Shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      5.  If the Commission determines that the contract:

      (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

      (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

      6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, to comply with its portfolio standard for renewable energy [.] and energy from a qualified energy recovery process. The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

      7.  As used in this section, “Consumer’s Advocate” means the Consumer’s Advocate of the Bureau of Consumer Protection in the Office of the Attorney General.


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ê2003 Statutes of Nevada, Page 1879 (Chapter 332, AB 429)ê

 

      Sec. 12.  1.  Not later than 30 days after the effective date of this act, the Public Utilities Commission of Nevada shall transfer the sum of $250,000 from its reserve account in the Public Utilities Commission Regulatory Fund, created by NRS 703.147, to an account in the State General Fund for use by the Director of the Office of Energy within the Office of the Governor to carry out the provisions of section 3 of this act.

      2.  The Director of the Office of Energy shall use the money transferred pursuant to this section only for the purposes set forth in section 3 of this act.

      Sec. 13.  This act becomes effective upon passage and approval.

________

 

CHAPTER 333, SB 386

Senate Bill No. 386–Committee on Human Resources and Facilities

 

CHAPTER 333

 

AN ACT relating to public health; expanding the rights of patients of certain health care facilities to certain visitation privileges; providing that a person may designate certain other persons to make anatomical gifts or order the burial or cremation of the human remains of the person upon death; revising related provisions governing the priority of persons authorized to make decisions concerning anatomical gifts, burial and cremation of human remains on behalf of a decedent; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If, as a result of the incapacitation of the patient or his inability to communicate, a patient of a medical facility, facility for the dependent or home for individual residential care who is 18 years of age or older is unable to inform the staff of the facility or home of the persons whom the patient authorizes to visit the patient at the facility or home, the facility or home shall allow visitation rights to any person designated by the patient in a letter, form or other document authorizing visitation executed in accordance with subsection 2. The visitation rights required by this subsection must be:

      (a) Provided in accordance with the visitation policies of the facility or home; and

      (b) The same visitation rights that are provided to a member of the patient’s family who is legally related to the patient.

      2.  A person 18 years of age or older wishing to designate a person for the purposes of establishing visitation rights in a medical facility, facility for the dependent or home for individual residential care may execute a letter, form or other document authorizing visitation in substantially the following form:


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ê2003 Statutes of Nevada, Page 1880 (Chapter 333, SB 386)ê

 

                                                                                             (Date)..................................

      I, ..............................., (patient who is designating another person as having visitation rights of the patient) do hereby designate .................................. (person who is being designated as having visitation rights of the patient) as having the right to visit me in a medical facility, facility for the dependent or home for individual residential care. I hereby instruct all staff of a medical facility, facility for the dependent or home for individual residential care in which I am a patient to admit ......................................(person who is being designated as having visitation rights of the patient) to my room and afford him or her the same visitation rights as are provided to members of my family who are legally related to me during my time as a patient.

........................................................

      (Signed)

      Sec. 2.  NRS 449.730 is hereby amended to read as follows:

      449.730  1.  Every medical facility, facility for the dependent and home for individual residential care shall inform each patient or his legal representative, upon his admission to the facility or home, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720 [.] , and section 1 of this act.

      2.  In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his rights pursuant to NRS 449.765 to 449.786, inclusive.

      Sec. 3.  Chapter 451 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The following persons, in the following order of priority, may order the burial of human remains of a deceased person:

      (a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

      (b) The spouse of the decedent;

      (c) An adult son or daughter of the decedent;

      (d) Either parent of the decedent;

      (e) An adult brother or sister of the decedent;

      (f) A grandparent of the decedent;

      (g) A guardian of the person of the decedent at the time of death; and

      (h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

      2.  If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.

      3.  If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order the burial of his remains.

      4.  A living person may order the burial of human remains removed from his body or the burial of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.

      5.  A person 18 years of age or older wishing to authorize another person to order the burial of his human remains in the event of his death may execute an affidavit before a notary public in substantially the following form:

 


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ê2003 Statutes of Nevada, Page 1881 (Chapter 333, SB 386)ê

 

may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada                           }

                                                        }ss.

County of..................................... }

                                                                                             (Date)..................................

      I, ..................................., (person authorizing another person to order the burial of his human remains in the event of his death) do hereby designate ................................... (person who is being authorized to order the burial of the human remains of a person in the event of his death) to order the burial of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year.......

............................................................................

                          (Notary Public)

      Sec. 4.  NRS 451.005 is hereby amended to read as follows:

      451.005  As used in NRS 451.010 to 451.470, inclusive, and section 3 of this act, unless the context otherwise requires, “human remains” or “remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.

      Sec. 5.  NRS 451.557 is hereby amended to read as follows:

      451.557  1.  Any member of the following classes of persons, in the order of the priority listed, may make an anatomical gift of all or a part of the decedent’s body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:

      (a) A person designated as the person with authority to make an anatomical gift of all or part of the body of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 6;

      (b) The spouse of the decedent;

      [(b)] (c) An adult son or daughter of the decedent;

      [(c)] (d) Either parent of the decedent;

      [(d)] (e) An adult brother or sister of the decedent;

      [(e)] (f) A grandparent of the decedent; [and

      (f)] (g) A guardian of the person of the decedent at the time of death [.] ; and

      (h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

The legal procedure for authorization must be defined and established by the Committee on Anatomical Dissection established by the University and Community College System of Nevada.

      2.  An anatomical gift may not be made by a person listed in subsection 1 if:

      (a) A person in a prior class is available at the time of death to make an anatomical gift;

      (b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or

      (c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the person’s class or a prior class.

      3.  An anatomical gift by a person authorized under subsection 1 must be made by:


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ê2003 Statutes of Nevada, Page 1882 (Chapter 333, SB 386)ê

 

      (a) A document of gift signed by him; or

      (b) His telegraphic, recorded telephonic or other recorded message, or other form of communication from him that is contemporaneously reduced to writing and signed by the recipient.

      4.  An anatomical gift by a person authorized under subsection 1 may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation.

      5.  A failure to make an anatomical gift under subsection 1 is not an objection to the making of an anatomical gift.

      6.  A person 18 years of age or older wishing to authorize another person to make an anatomical gift of all or part of his body in the event of his death may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada                           }

                                                        }ss.

County of..................................... }

                                                                                            (Date)...................................

      I, ..................................., (person authorizing another person to make an anatomical gift of his body in the event of his death) do hereby designate ................................... (person who is being authorized to make an anatomical gift of the body of another person in the event of his death) to make an anatomical gift of all or part of my body in the event of my death for authorized purposes and in accordance with the procedure for authorization defined and established by the Committee on Anatomical Dissection established by the University and Community College System of Nevada.

Subscribed and sworn to before me this ........

day of the month of ......... of the year.......

.............................................................................

                          (Notary Public)

      Sec. 6.  NRS 451.650 is hereby amended to read as follows:

      451.650  1.  The following persons, in the following order of priority, may order the cremation of human remains of a deceased person:

      (a) [The surviving spouse;

      (b) A majority of the adult children;

      (c) The living parents jointly; or

      (d) The decedent’s guardian or personal representative.] A person designated as the person with authority to order the cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

      (b) The spouse of the decedent;

      (c) An adult son or daughter of the decedent;

      (d) Either parent of the decedent;

      (e) An adult brother or sister of the decedent;

      (f) A grandparent of the decedent;

      (g) A guardian of the person of the decedent at the time of death; and

      (h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.


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ê2003 Statutes of Nevada, Page 1883 (Chapter 333, SB 386)ê

 

      2.  If the deceased person was an indigent or other person for the final disposition of whose remains a county or the State is responsible, the appropriate public officer may order cremation of the remains and provide for the respectful disposition of the cremated remains.

      3.  If the deceased person donated his body for scientific research or, before his death, a medical facility was made responsible for his final disposition, a representative of the scientific institution or medical facility may order cremation of his remains.

      4.  A living person may order the cremation of human remains removed from his body or the cremation of his body after his death. In the latter case, any person acting pursuant to his instructions is an authorized agent.

      5.  A person 18 years of age or older wishing to give authority to another person to order the cremation of his human remains upon his death may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada                           }

                                                        }ss.

County of..................................... }

                                                                                        (Date).......................................

      I, ......................................, (person authorizing another person to order the cremation of his human remains upon his death) do hereby designate ..................................(person who is being authorized to order the cremation of the human remains of another person in the event of his death) to order the cremation of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year.......

..................................................................................

                          (Notary Public)

      Sec. 7.  This act becomes effective on July 1, 2003.

________

 


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ê2003 Statutes of Nevada, Page 1884ê

 

CHAPTER 334, SB 332

Senate Bill No. 332–Senator Amodei

 

CHAPTER 334

 

AN ACT relating to public health; revising the provisions governing the qualifications and appointment of the State Health Officer; providing for the licensure of administrative physicians; authorizing the Board of Medical Examiners to waive certain requirements for licensure to practice medicine if the Governor declares a state of critical need exists for certain medical specialties; authorizing the Board to issue a license by endorsement to practice medicine to certain qualified applicants who have been issued a license to practice medicine by the District of Columbia or any state or territory of the United States; requiring the Board to maintain a website on the Internet; revising certain requirements for the issuance of a license to practice medicine; clarifying certain restrictions on the use of the title “M.D.”; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.090 is hereby amended to read as follows:

      439.090  1.  The State Health Officer must:

      (a) Be a citizen of the United States.

      (b) [Be certified, or eligible for certification, by the American Board of Preventive Medicine.

      (c)] Be licensed, or eligible for licensure, as a [doctor of medicine to practice] physician or administrative physician in Nevada.

      2.  The Administrator must have [had] 2 years’ experience, or the equivalent, in a responsible administrative position in:

      (a) A full-time county or city health facility or department; or

      (b) A major health program at a state or national level.

      Sec. 1.5.  NRS 439.100 is hereby amended to read as follows:

      439.100  1.  The Director shall appoint a State Health Officer.

      2.  The position of State Health Officer must be filled by the Director within 6 months after it becomes vacant, except that if a qualified applicant does not accept the position within that period, the Director shall continue his efforts to fill the position until a qualified person accepts the appointment.

      3.  The State Health Officer is in the unclassified service of the State and serves at the pleasure of the Director.

      Sec. 2.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 7, inclusive, of this act.

      Sec. 3.  “Administrative physician” means a physician who is licensed only to act in an administrative capacity as an:

      1.  Officer or employee of a state agency; or

      2.  Independent contractor pursuant to a contract with the State.

      Sec. 4.  1.  A person may apply to the Board to be licensed as an administrative physician if the person meets all of the statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.


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ê2003 Statutes of Nevada, Page 1885 (Chapter 334, SB 332)ê

 

      2.  A person who is licensed as an administrative physician pursuant to this section:

      (a) May not engage in the practice of medicine;

      (b) Shall comply with all of the statutory requirements for continued licensure pursuant to this chapter; and

      (c) Shall be deemed to hold a license to practice medicine in an administrative capacity only.

      Sec. 5.  1.  If the Governor determines that there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty within this state, the Governor may declare that a state of critical medical need exists for that medical specialty. The Governor may, but is not required to, limit such a declaration to one or more geographic areas within this state.

      2.  In determining whether there are critically unmet needs with regard to the number of physicians who are practicing a medical specialty, the Governor may consider, without limitation:

      (a) Any statistical data analyzing the number of physicians who are practicing the medical specialty in relation to the total population of this state or any geographic area within this state;

      (b) The demand within this state or any geographic area within this state for the types of services provided by the medical specialty; and

      (c) Any other factors relating to the medical specialty that may adversely affect the delivery of health care within this state or any geographic area within this state.

      3.  If the Governor makes a declaration pursuant to this section, the Board may waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for an applicant if the applicant:

      (a) Intends to practice medicine in one or more of the medical specialties designated by the Governor in his declaration and, if the Governor has limited his declaration to one or more geographic areas within this state, in one or more of those geographic areas;

      (b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

      (c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and

      (d) Meets all other conditions and requirements for a license to practice medicine.

      4.  Any license issued pursuant to this section is a restricted license, and the person who holds the restricted license may practice medicine in this state only in the medical specialties and geographic areas for which the restricted license is issued.

      5.  Any person who holds a restricted license issued pursuant to this section and who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.


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ê2003 Statutes of Nevada, Page 1886 (Chapter 334, SB 332)ê

 

      Sec. 6.  Except as otherwise provided in NRS 630.161, the Board may issue a license by endorsement to practice medicine to an applicant who has been issued a license to practice medicine by the District of Columbia or any state or territory of the United States if:

      1.  At the time the applicant files his application with the Board, the license is in effect;

      2.  The applicant:

      (a) Submits to the Board proof of passage of an examination approved by the Board;

      (b) Submits to the Board any documentation and other proof of qualifications required by the Board;

      (c) Meets all of the statutory requirements for licensure to practice medicine in effect at the time of application except for the requirements set forth in NRS 630.160; and

      (d) Completes any additional requirements relating to the fitness of the applicant to practice required by the Board; and

      3.  Any documentation and other proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      Sec. 7.  1.  The Board shall maintain a website on the Internet or its successor.

      2.  The Board shall place on the website:

      (a) Each application form for the issuance or renewal of a license issued by the Board pursuant to this chapter; and

      (b) A list of questions that are frequently asked concerning the processes of the Board and the answers to those questions.

      Sec. 8.  NRS 630.005 is hereby amended to read as follows:

      630.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.010 to 630.025, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 630.020 is hereby amended to read as follows:

      630.020  “Practice of medicine” means:

      1.  To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.

      2.  To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.

      3.  To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.

      4.  To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.

      [5.  To use in connection with a person’s name the words or letters “M.D.,” or any other title, word, letter or other designation intended to imply or designate him as a practitioner of medicine in any of its branches, except in the manner authorized by NRS 630A.220.]

      Sec. 10.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.161 [or 630.164,] , 630.164 and sections 4, 5 and 6 of this act, a license may be issued to any person who:


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ê2003 Statutes of Nevada, Page 1887 (Chapter 334, SB 332)ê

 

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

      (b) Has received the degree of doctor of medicine from a medical school:

             (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) [Has] Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain such certification for the duration of his licensure, or has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board [determined] determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

             [(1)] (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [of the American Medical Association] or the Coordinating Council of Medical Education of the Canadian Medical Association; or

             [(2)] (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; [and] or

             (2) Has completed at least 36 months of postgraduate education, not less than 24 months of such postgraduate education must be as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

      (e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

      Sec. 11.  NRS 630.164 is hereby amended to read as follows:

      630.164  1.  A board of county commissioners may petition the Board of Medical Examiners to waive the [requirement] requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by regulation by the Board of Medical Examiners. The Board of Medical Examiners may waive that requirement and issue a license if the applicant:


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ê2003 Statutes of Nevada, Page 1888 (Chapter 334, SB 332)ê

 

      (a) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education [of the American Medical Association] or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;

      (b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician or such other equivalent training as the Board deems appropriate; and

      (c) Meets all other conditions and requirements for a license to practice medicine.

      2.  Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He may apply to the Board of Medical Examiners for renewal of that restricted license every 2 years after he is licensed.

      3.  Any person holding a restricted license pursuant to subsection 1 who completes 3 years of full-time practice under the restricted license may apply to the Board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the Board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the [requirement] requirements of paragraph (d) of subsection 2 of NRS 630.160.

      Sec. 12.  NRS 630.165 is hereby amended to read as follows:

      630.165  1.  [An] Except as otherwise provided in subsection 2, an applicant for a license to practice medicine must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      2.  An applicant for a license by endorsement to practice medicine pursuant to section 6 of this act must submit to the Board, on a form provided by the Board, an application in writing, accompanied by an affidavit stating that:

      (a) The applicant is the person named in the license to practice medicine issued by the District of Columbia or any state or territory of the United States and that the license was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and

      (b) The information contained in the application and any accompanying material is complete and correct.

      3.  An application submitted pursuant to subsection 1 or 2 must include the social security number of the applicant.

      [3.] 4.  In addition to the other requirements for licensure, the Board may require such further evidence of the mental, physical, medical or other qualifications of the applicant as it considers necessary.

      [4.] 5.  The applicant bears the burden of proving and documenting his qualifications for licensure.

      Sec. 13.  NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of indigent persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.


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ê2003 Statutes of Nevada, Page 1889 (Chapter 334, SB 332)ê

 

persons in this state may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 [;] or the requirements for licensure by endorsement set forth in section 6 of this act;

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to indigent persons in this state; and

      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 14.  NRS 630.261 is hereby amended to read as follows:

      630.261  1.  Except as otherwise provided in NRS 630.161, the Board may issue:

      (a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is licensed and in good standing in another state, who meets the requirements for licensure in this state and who is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for another physician who is licensed to practice medicine in this state and who is absent from his practice for reasons deemed sufficient by the Board.


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ê2003 Statutes of Nevada, Page 1890 (Chapter 334, SB 332)ê

 

for reasons deemed sufficient by the Board. A license issued pursuant to the provisions of this paragraph is not renewable.

      (b) A special license to a licensed physician of another state to come into this state to care for or assist in the treatment of his own patient in association with a physician licensed in this state. A special license issued pursuant to the provisions of this paragraph is limited to the care of a specific patient. The physician licensed in this state has the primary responsibility for the care of that patient.

      (c) A restricted license for a specified period if the Board determines the applicant needs supervision or restriction.

      (d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this state, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.

      (e) A special purpose license to a physician who is licensed in another state to permit the use of equipment that transfers information concerning the medical condition of a patient in this state across state lines electronically, telephonically or by fiber optics if the physician:

            (1) Holds a full and unrestricted license to practice medicine in that state;

             (2) Has not had any disciplinary or other action taken against him by any state or other jurisdiction; and

             (3) Meets the [requirement] requirements set forth in paragraph (d) of subsection 2 of NRS 630.160.

      2.  Except as otherwise provided in this section, the Board may renew or modify any license issued pursuant to subsection 1.

      3.  Every physician who is licensed pursuant to subsection 1 and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the license shall be deemed to have given his consent to the revocation of the license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      Sec. 15.  NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician , including a license by endorsement $600

For application for and issuance of a temporary, locum tenens, limited, restricted, special or special purpose license............................................................................................................... 400

For renewal of a limited, restricted or special license.......................... 400

For application for and issuance of a license as a physician assistant 400

For biennial registration of a physician assistant................................ 800

For biennial registration of a physician................................................. 800

For application for and issuance of a license as a practitioner of respiratory care    400

For biennial registration of a practitioner of respiratory care........... 600


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ê2003 Statutes of Nevada, Page 1891 (Chapter 334, SB 332)ê

 

For biennial registration for a physician who is on inactive status $400

For written verification of licensure......................................................... 50

For a duplicate identification card........................................................... 25

For a duplicate license................................................................................ 50

For computer printouts or labels............................................................ 500

For verification of a listing of physicians, per hour............................... 20

For furnishing a list of new physicians.................................................. 100

 

      2.  In addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for its other services.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      Sec. 16.  NRS 630.400 is hereby amended to read as follows:

      630.400  A person who:

      1.  Presents to the Board as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board;

      3.  Practices medicine or respiratory care under a false or assumed name or falsely personates another licensee;

      4.  Except as otherwise provided by specific statute, practices medicine or respiratory care without being licensed under this chapter;

      5.  Holds himself out as a physician assistant or uses any other term indicating or implying that he is a physician assistant without being licensed by the Board;

      6.  Holds himself out as a practitioner of respiratory care or uses any other term indicating or implying that he is a practitioner of respiratory care without being licensed by the Board; or

      7.  Uses the title [“M.D.,” when not licensed by the Board pursuant to this chapter, unless otherwise] “M.D.”:

      (a) Without having been awarded such a degree; or

      (b) When not authorized by a specific statute,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 17.  This act becomes effective upon passage and approval.

________

 


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ê2003 Statutes of Nevada, Page 1892ê

 

CHAPTER 335, AB 16

Assembly Bill No. 16–Committee on Judiciary

 

CHAPTER 335

 

AN ACT relating to crimes; providing for genetic marker analysis of certain evidence relating to the conviction of certain offenders who have been sentenced to death; providing for a stay of execution pending the results of the analysis; providing that a petitioner may file a motion for a new trial if the analysis is favorable to the petitioner; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

.....

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A person convicted of a crime and under sentence of death who meets the requirements of this section may file a postconviction petition requesting a genetic marker analysis of evidence within the possession or custody of the State which may contain genetic marker information relating to the investigation or prosecution that resulted in the judgment of conviction and sentence of death. The petition must include, without limitation, the date scheduled for the execution, if it has been scheduled.

      2.  Such a petition must be filed with the clerk of the district court for the county in which the petitioner was convicted on a form prescribed by the Department of Corrections. A copy of the petition must be served by registered mail upon:

      (a) The Attorney General; and

      (b) The district attorney in the county in which the petitioner was convicted.

      3.  If a petition is filed pursuant to this section, the court shall determine which person or agency has possession or custody of the evidence and shall immediately issue an order requiring, during the pendency of the proceeding, each person or agency in possession or custody of the evidence to:

      (a) Preserve all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section;

      (b) Within 30 days, prepare an inventory of all evidence within the possession or custody of the person or agency that may be subjected to genetic marker analysis pursuant to this section; and

      (c) Within 30 days, submit a copy of the inventory to the petitioner, the prosecuting attorney and the court.

      4.  Within 30 days after the inventory of all evidence is prepared pursuant to subsection 3, the prosecuting attorney may file a written response to the petition with the court.

      5.  The court shall hold a hearing on a petition filed pursuant to this section.


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

ê2003 Statutes of Nevada, Page 1893 (Chapter 335, AB 16)ê

 

      6.  The court shall order a genetic marker analysis if the court finds that:

      (a) A reasonable possibility exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through a genetic marker analysis of the evidence identified in the petition;

      (b) The evidence to be analyzed exists; and

      (c) The evidence was not previously subjected to:

             (1) A genetic marker analysis involving the petitioner; or

             (2) The method of analysis requested in the petition, and the method of additional analysis may resolve an issue not resolved by a previous analysis.

      7.  If the court orders a genetic marker analysis pursuant to subsection 6, the court shall:

      (a) Order the analysis to be conducted promptly under reasonable conditions designed to protect the interest of the State in the integrity of the evidence and the analysis process.

      (b) Select a forensic laboratory to conduct or oversee the analysis. The forensic laboratory selected by the court must:

             (1) Be operated by this state or one of its political subdivisions, when possible; and

             (2) Satisfy the standards for quality assurance that are established for forensic laboratories by the Federal Bureau of Investigation.

      (c) Order the forensic laboratory selected pursuant to paragraph (b) to perform a genetic marker analysis of evidence. The analysis to be performed and evidence to be analyzed must:

             (1) Be specified in the order; and

             (2) Include such analysis, testing and comparison of genetic marker information contained in the evidence and the genetic marker information of the petitioner as the court determines appropriate under the circumstances.

      (d) Order the production of any reports that are prepared by a forensic laboratory in connection with the analysis and any data and notes upon which the report is based.

      (e) Order the preservation of evidence used in a genetic marker analysis performed pursuant to this section for purposes of a subsequent proceeding or analysis, if any.

      8.  If the results of a genetic marker analysis performed pursuant to this section are favorable to the petitioner:

      (a) The petitioner may bring a motion for a new trial based on the ground of newly discovered evidence pursuant to NRS 176.515; and

      (b) The restriction on the time for filing the motion set forth in subsection 3 of NRS 176.515 is not applicable.

      9.  The court shall dismiss a petition filed pursuant to this section if:

      (a) The requirements for ordering a genetic marker analysis pursuant to this section are not satisfied; or

      (b) The results of a genetic marker analysis performed pursuant to this section are not favorable to the petitioner.

      10.  For the purposes of a genetic marker analysis pursuant to this section, a person under sentence of death who files a petition pursuant to this section shall be deemed to consent to the:

      (a) Submission of a biological specimen by him to determine his genetic marker information; and


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ê2003 Statutes of Nevada, Page 1894 (Chapter 335, AB 16)ê

 

      (b) Release and use of genetic marker information concerning the petitioner.

      11.  The expense of an analysis ordered pursuant to this section is a charge against the Department of Corrections and must be paid upon approval by the Board of State Prison Commissioners as other claims against the State are paid.

      12.  The remedy provided by this section is in addition to, is not a substitute for and is not exclusive of any other remedy, right of action or proceeding available to a person convicted of a crime and under sentence of death.

      Sec. 3.  1.  After a judge grants a petition requesting a genetic marker analysis pursuant to section 2 of this act, if a judge determines that the genetic marker analysis cannot be completed before the date of the execution of the petitioner, the judge shall stay the execution of the judgment of death pending the results of the analysis.

      2.  If the results of an analysis ordered and conducted pursuant to section 2 of this act are not favorable to the petitioner:

      (a) Except as otherwise provided in paragraph (b), the Director of the Department of Corrections shall, in due course, execute the judgment of death.

      (b) If the judgment of death has been stayed pursuant to subsection 1, the judge shall cause a certified copy of his order staying the execution of the judgment and a certified copy of the report of genetic marker analysis that indicates results which are not favorable to the petitioner to be immediately forwarded by the clerk of the court to the district attorney. Upon receipt, the district attorney shall pursue the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.495.

      Sec. 4.  NRS 176.515 is hereby amended to read as follows:

      176.515  1.  The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

      2.  If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

      3.  [A] Except as otherwise provided in section 2 of this act, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

      4.  A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.

      Sec. 5.  The Department of Corrections, in consultation with the Attorney General, shall, on or before August 1, 2003:

      1.  Prescribe the form for a petition requesting the genetic marker analysis of evidence pursuant to section 2 of this act; and

      2.  Provide a copy of the form and a copy of the provisions of section 2 of this act to each person in the custody of the Department who is under a sentence of death.

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

________

 


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ê2003 Statutes of Nevada, Page 1895ê

 

CHAPTER 336, AB 57

Assembly Bill No. 57–Assemblymen Anderson, Parks, Andonov, Buckley, Claborn, Collins, Conklin, Geddes, Giunchigliani, Hettrick, Horne, Koivisto, Leslie, Manendo, McClain, Oceguera and Williams

 

CHAPTER 336

 

AN ACT relating to construction; requiring the State Public Works Board to adopt certain seismic standards; requiring certain governing bodies to amend their building codes to include certain seismic standards; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 341 of NRS is hereby amended by adding thereto a new section to read as follows:

      For the purposes of the design and construction of buildings or other projects of this state, the Board shall adopt by regulation:

      1.  The seismic provisions of the International Building Code published by the International Code Council; and

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

      Sec. 2.  NRS 278.580 is hereby amended to read as follows:

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

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

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

      4.  A [local] governing body shall amend its building codes to permit the use of straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure and the use of solar energy for the heating of a structure, to the extent the local climate allows . [, as intended by:

      (a) The Uniform Building Code adopted by the International Conference of Building Officials in the form most recently published before March 1, 1995; and


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ê2003 Statutes of Nevada, Page 1896 (Chapter 336, AB 57)ê

 

      (b) The Model Energy Code adopted by the Council of American Building Officials in the form most recently published before March 1, 1995.]

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

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

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

      Sec. 3.  This act becomes effective:

      1.  On July 1, 2003, for the purposes of the State Public Works Board adopting the seismic provisions and standards specified in section 1 of this act; and

      2.  On July 1, 2004, for all other purposes, including for the purpose of a governing body to amend its building codes to include the seismic provisions and standards specified in subsection 5 of NRS 278.580, as amended by section 2 of this act.

________

 

CHAPTER 337, AB 220

Assembly Bill No. 220–Committee on Commerce and Labor

 

CHAPTER 337

 

AN ACT relating to contractors; requiring an applicant for a contractor’s license to establish his financial responsibility under certain circumstances; providing for the confidentiality of certain information compiled as a result of an investigation conducted by the State Contractors’ Board; authorizing the Board to require a criminal investigator employed by the Board to conduct a background investigation of an applicant for employment with the Board; prohibiting the Board from issuing a private reprimand to a licensee; prohibiting a person from receiving money for the purpose of obtaining or paying for services, labor, materials or equipment under certain circumstances; authorizing a district court in a proceeding for a judicial review of a final decision of the Board to dismiss an agency or person from the proceeding under certain circumstances; expanding the circumstances under which a criminal investigator employed by the Board may exercise the powers of a peace officer; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 624.010, 624.020 and section 3 of this act have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 1897 (Chapter 337, AB 220)ê

 

      Sec. 3.  “Construction control” has the meaning ascribed to it in NRS 627.050.

      Sec. 4.  1.  In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260 has not held a contractor’s license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish his financial responsibility by submitting to the Board:

      (a) A financial statement that is prepared by an independent certified public accountant; and

      (b) Any other information required by the Board.

      2.  Before the Board may issue a contractor’s license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:

      (a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:

             (1) Be related to the construction control or to an employee or agent of the construction control; or

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      3.  If the Board issues a contractor’s license to an applicant described in subsection 1, for the first 2 years after the issuance of the license, the licensee must submit to the Board, with each application for renewal of the license:

      (a) A financial statement that is prepared by an independent certified public accountant; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      4.  Before the Board may renew the contractor’s license of the licensee, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

      (a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:


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ê2003 Statutes of Nevada, Page 1898 (Chapter 337, AB 220)ê

 

             (1) Be related to the construction control or to an employee or agent of the construction control; or

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      Sec. 5.  1.  In addition to any other requirements set forth in this chapter, if an investigation is conducted against a licensee and the Board determines that there is cause to proceed with a formal disciplinary proceeding against the licensee, the Board shall require the licensee to submit to the Board:

      (a) A financial statement that is prepared by an independent certified public accountant; and

      (b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

      2.  After providing the licensee with notice and an opportunity to be heard, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:

      (a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:

             (1) Be related to the construction control or to an employee or agent of the construction control; or

             (2) Hold, directly or indirectly, a financial interest in the business of the construction control.

      (b) Establish an aggregate monetary limit on the contractor’s license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:

             (1) Shall determine the period that the limit is in effect; and

             (2) During that period, may increase or decrease the limit as the Board deems appropriate.

      3.  The provisions of this section do not limit the authority of the Board to take disciplinary action against the licensee.

      Sec. 6.  1.  Except as otherwise provided in this section, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential.


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ê2003 Statutes of Nevada, Page 1899 (Chapter 337, AB 220)ê

 

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

      Sec. 7.  NRS 624.010 is hereby amended to read as follows:

      624.010  [As used in this chapter,] “Board” means the State Contractors’ Board.

      Sec. 8.  NRS 624.020 is hereby amended to read as follows:

      624.020  [For the purposes of this chapter, unless the context otherwise requires:]

      1.  “Contractor” is synonymous with “builder.”

      2.  A contractor is any person, except a registered architect or a licensed professional engineer, acting solely in his professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to, offers to undertake to, purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. Evidence of the securing of any permit from a governmental agency or the employment of any person on a construction project must be accepted by the Board or any court of this state as prima facie evidence that the person securing that permit or employing any person on a construction project is acting in the capacity of a contractor pursuant to the provisions of this chapter.

      3.  A contractor includes a subcontractor or specialty contractor, but does not include anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of, the work of a contractor.

      4.  A contractor includes a construction manager who performs management and counseling services on a construction project for a professional fee.

      Sec. 9.  NRS 624.110 is hereby amended to read as follows:

      624.110  1.  The Board may maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there must be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.

      2.  [Credit] Except as otherwise required in section 6 of this act, credit reports, references, [investigative memoranda,] financial information and data pertaining to a licensee’s net worth are confidential and not open to public inspection.

      Sec. 10.  NRS 624.115 is hereby amended to read as follows:

      624.115  1.  The Board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      2.  The Board may require criminal investigators who are employed by the Board pursuant to NRS 624.112 to:

      (a) Conduct a background investigation of [a] :

             (1) A license or an applicant for a contractor’s license; or

             (2) An applicant for employment with the Board;

      (b) Locate and identify persons who:


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ê2003 Statutes of Nevada, Page 1900 (Chapter 337, AB 220)ê

 

             (1) Engage in the business or act in the capacity of a contractor within this state in violation of the provisions of this chapter;

             (2) Submit bids on jobs situated within this state in violation of the provisions of this chapter; or

             (3) Otherwise violate the provisions of this chapter or the regulations adopted pursuant to this chapter; [and]

      (c) Investigate any alleged occurrence of constructional fraud; and

      (d) Issue a misdemeanor citation prepared manually or electronically pursuant to NRS 171.1773 to a person who violates a provision of this chapter that is punishable as a misdemeanor. A criminal investigator may request any constable, sheriff or other peace officer to assist him in the issuance of such a citation.

      Sec. 11.  NRS 624.165 is hereby amended to read as follows:

      624.165  1.  The Board shall:

      (a) Designate one or more of its employees for the investigation of constructional fraud;

      (b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the Attorney General;

      (c) Assist the Attorney General or any official of an investigative or a law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

      (d) Furnish to those officials any information concerning its investigation or report on any act of constructional fraud.

      2.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

for the investigation of constructional fraud.

      3.  For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

      (a) Misapplies money under the circumstances described in NRS 205.310;

      (b) Obtains money, property or labor by false pretense as described in NRS 205.380;

      (c) Receives payments and fails to state his own true name, or states a false name, contractor’s license number, address or telephone number of the person offering a service;

      (d) [Commits] Diverts money or commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this state;

      (e) Acts as a contractor without:

             (1) Possessing a contractor’s license issued pursuant to this chapter; or


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ê2003 Statutes of Nevada, Page 1901 (Chapter 337, AB 220)ê

 

             (2) Possessing any other license required by this state or a political subdivision of this state; or

      (f) Otherwise fails to disclose a material fact.

      Sec. 12.  NRS 624.300 is hereby amended to read as follows:

      624.300  1.  Except as otherwise provided in subsection 3, the Board may:

      (a) Suspend or revoke licenses already issued;

      (b) Refuse renewals of licenses;

      (c) Impose limits on the field, scope and monetary limit of the license;

      (d) Impose an administrative fine of not more than $10,000;

      (e) Order a licensee to repay to the account established pursuant to NRS 624.470, any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee;

      (f) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost, that may consist of requiring the licensee to:

             (1) Perform the corrective work himself;

             (2) Hire and pay another licensee to perform the corrective work; or

             (3) Pay to the owner of the construction project a specified sum to correct the condition; or

      (g) [Reprimand] Issue a public reprimand or take other less severe disciplinary action, including, without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the Board suspends or revokes the license of a contractor for failure to establish financial responsibility, the Board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the Board, not to exceed 12 months, be separately covered by a bond or bonds approved by the Board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If a licensee violates the provisions of NRS 624.3014 or subsection 3 of NRS 624.3015, the Board may impose an administrative fine of not more than $20,000.

      4.  If a licensee commits a fraudulent act which is a cause for disciplinary action under NRS 624.3016, the correction of any condition resulting from the act does not preclude the Board from taking disciplinary action.

      5.  If the Board finds that a licensee has engaged in repeated acts that would be cause for disciplinary action, the correction of any resulting conditions does not preclude the Board from taking disciplinary action pursuant to this section.

      6.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license by a licensee, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      7.  If discipline is imposed pursuant to this section, including any discipline imposed pursuant to a stipulated settlement, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Board.


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ê2003 Statutes of Nevada, Page 1902 (Chapter 337, AB 220)ê

 

      8.  The Board shall not issue a private reprimand to a licensee.

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

      10.  All fines collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 13.  NRS 624.335 is hereby amended to read as follows:

      624.335  1.  The Investigations Office of the Board shall:

      (a) Upon the receipt of a complaint against a licensee, initiate an investigation of the complaint.

      (b) Within 10 days after receiving such a complaint, notify the licensee and, if known, the person making the complaint of the initiation of the investigation, and provide a copy of the complaint to the licensee.

      (c) Upon the completion of its investigation of a complaint, provide the licensee and, if known, the person making the complaint with written notification of any action taken on the complaint and the reasons for taking that action.

      2.  The Investigations Office of the Board may attempt to resolve the complaint by:

      (a) Meeting and conferring with the licensee and the person making the complaint; and

      (b) Requesting the licensee to provide appropriate relief.

      3.  If the subject matter of the complaint is not within the jurisdiction of the Board, [or if the Board or the Investigations Office is unable to resolve the complaint after exhausting all reasonable remedies and methods of resolution,] the Board or its designee [shall:] may:

      (a) Forward the complaint, together with any evidence or other information in the possession of the Board concerning the complaint, to any public or private agency which, in the opinion of the Board, would be effective in resolving the complaint; and

      (b) Notify the person making the complaint of its action pursuant to paragraph (a) and of any other procedures which may be available to resolve the complaint.

      Sec. 14.  NRS 624.470 is hereby amended to read as follows:

      624.470  1.  Except as otherwise provided in subsection 3, in addition to the annual fee for a license required pursuant to NRS 624.280, a residential contractor shall pay to the Board an annual assessment [in] not to exceed the following amount, if the monetary limit on his license is:

 

Not more than $1,000,000................................................................... $100

More than $1,000,000 but limited......................................................... 250

Unlimited.................................................................................................... 500

 

      2.  The Board shall administer and account separately for the money received from the annual assessments collected pursuant to subsection 1. The Board may refer to the money in the account as the “Recovery Fund.”

      3.  The Board shall [suspend the collection of] reduce the amount of the assessments collected pursuant to subsection 1 when the balance in the account reaches 150 percent of the largest balance in the account during the previous fiscal year.

      4.  Except as otherwise provided in NRS 624.540, the money in the account must be used to pay claims made by owners who are damaged by the failure of a residential contractor to perform qualified services adequately, as provided in NRS 624.400 to 624.560, inclusive.


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ê2003 Statutes of Nevada, Page 1903 (Chapter 337, AB 220)ê

 

failure of a residential contractor to perform qualified services adequately, as provided in NRS 624.400 to 624.560, inclusive.

      Sec. 15.  NRS 624.750 is hereby amended to read as follows:

      624.750  1.  It is unlawful for a person to commit any act or omission described in subsection 1 of NRS 624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.

      2.  Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

      (c) For the third or subsequent offense, is guilty of a [class] category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      3.  It is unlawful for a person to receive money for the purpose of obtaining or paying for services, labor, materials or equipment if the person:

      (a) Willfully fails to use that money for that purpose by failing to complete the improvements for which the person received the money or by failing to pay for any services, labor, materials or equipment provided for that construction; and

      (b) Wrongfully diverts that money to a use other than that for which it was received.

      4.  Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 3:

      (a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

      (b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      5.  Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

      Sec. 16.  NRS 627.175 is hereby amended to read as follows:

      627.175  1.  Except as otherwise provided in subsection 2, the following shall not be a construction control or subject to the provisions of this chapter:

      (a) A contractor licensed under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

      (b) A subcontractor licensed to do business under the laws of the State of Nevada, paying a subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.


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ê2003 Statutes of Nevada, Page 1904 (Chapter 337, AB 220)ê

 

for bills incurred in the construction, repair, alteration or improvement of any premises.

      (c) An owner-contractor paying a contractor, subcontractor, supplier of material, laborer or other person for bills incurred in the construction, repair, alteration or improvement of any premises.

      (d) A lender of construction loan money, provided that he disburses the money directly to a contractor authorized by the borrower to do the work, or disburses the money directly to the owner of the premises.

      (e) A lender of construction loan money, to an owner of a residential property or to an owner of not more than four units if the loan is made to repair or improve such property and the construction costs are $10,000 or less, or 35 percent of the appraised value of the improvements and repairs, whichever is greater.

      2.  The provisions of this chapter apply to a contractor who is required to obtain the services of a construction control pursuant to the provisions of NRS 597.7196 [.] or section 4 or 5 of this act.

      Sec. 17.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any party who is:

      (a) Identified as a party of record by an agency in an administrative proceeding; and

      (b) Aggrieved by a final decision in a contested case,

is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if review of the final decision of the agency would not provide an adequate remedy.

      2.  Petitions for judicial review must:

      (a) Name as respondents the agency and all parties of record to the administrative proceeding;

      (b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred; and

      (c) Be filed within 30 days after service of the final decision of the agency.

Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.

      3.  The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.

      4.  A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.

      5.  The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the district court extends the time for such service. If the proceeding involves a petition for judicial review or cross-petition for judicial review of a final decision of the State Contractors’ Board, the district court may, on its own motion or the motion of a party, dismiss from the proceeding any agency or person who:


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ê2003 Statutes of Nevada, Page 1905 (Chapter 337, AB 220)ê

 

the State Contractors’ Board, the district court may, on its own motion or the motion of a party, dismiss from the proceeding any agency or person who:

      (a) Is named as a party in the petition for judicial review or cross-petition for judicial review; and

      (b) Was not a party to the administrative proceeding for which the petition for judicial review or cross-petition for judicial review was filed.

      6.  The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning , a final decision in a contested case involving an agency to which this chapter applies.

      Sec. 18.  NRS 289.300 is hereby amended to read as follows:

      289.300  1.  A person employed as an investigator by the Private Investigator’s Licensing Board pursuant to NRS 648.025 has the powers of a peace officer.

      2.  A person employed as a criminal investigator by the State Contractors’ Board pursuant to NRS 624.112 has the powers of a peace officer to carry out his duties pursuant to subsection 2 of NRS 624.115 . [, for the limited purpose of obtaining and exchanging information on persons who hold a contractor’s license or are applying for a contractor’s license.]

      Sec. 19.  This act becomes effective upon passage and approval.

________

 

CHAPTER 338, AB 223

Assembly Bill No. 223–Assemblymen Atkinson, Chowning, Pierce, Parks, Christensen, Anderson, Andonov, Angle, Arberry, Buckley, Carpenter, Claborn, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Oceguera, Perkins, Sherer and Williams

 

Joint Sponsor: Senator Carlton

 

CHAPTER 338

 

AN ACT relating to motor vehicles; requiring certain vehicle dealers to provide copies of certain documents translated into Spanish for viewing by a purchaser or prospective purchaser of a motor vehicle under certain circumstances; requiring the Commissioner of Financial Institutions to arrange for or otherwise cause the translation into Spanish of certain documents; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      Each vehicle dealer who advertises that the Spanish language is spoken at his place of business or who conducts business by communicating in Spanish with a purchaser or prospective purchaser regarding the potential purchase of a motor vehicle shall, upon the request of a purchaser or prospective purchaser of a motor vehicle with whom the vehicle dealer or his agent is communicating or has communicated in Spanish as a part of the preliminary discussions and negotiations regarding the purchase or potential purchase of the vehicle, allow the purchaser or prospective purchaser to view the version of the forms for the application for credit and contracts to be used in the sale of vehicles which have been translated into Spanish pursuant to subsection 3 of NRS 97.299.


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prospective purchaser of a motor vehicle with whom the vehicle dealer or his agent is communicating or has communicated in Spanish as a part of the preliminary discussions and negotiations regarding the purchase or potential purchase of the vehicle, allow the purchaser or prospective purchaser to view the version of the forms for the application for credit and contracts to be used in the sale of vehicles which have been translated into Spanish pursuant to subsection 3 of NRS 97.299.

      Sec. 2.  NRS 482.36414 is hereby amended to read as follows:

      482.36414  A person who assumes operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive [.] , and section 1 of this act.

      Sec. 3.  NRS 97.299 is hereby amended to read as follows:

      97.299  1.  The Commissioner of Financial Institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if:

      (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;

      (b) The application for credit is made to or through the seller of the vehicle;

      (c) The seller is a dealer; and

      (d) The sale is not a commercial transaction.

      2.  The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:

      (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.

      (b) In specifying the amount of the buyer’s down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturer’s rebate applied to the down payment.

      (c) Contain a description of any property given in trade as part of the down payment.

      (d) Contain a description of the method for calculating the unearned portion of the finance charge upon prepayment in full of the unpaid total of payments as prescribed in NRS 97.225.

      (e) Include the following notice in at least 10‑point bold type:

 

NOTICE TO BUYER

       Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

 

      3.  The Commissioner shall arrange for or otherwise cause the translation into Spanish of the forms prescribed pursuant to subsection 1.


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      4.  If a change in state or federal law requires the Commissioner to amend the forms prescribed pursuant to subsection 1, the Commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

      [4.] 5.  As used in this section:

      (a) “Commercial transaction” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.

      (b) “Dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2004.

________

 

CHAPTER 339, AB 325

Assembly Bill No. 325–Assemblymen Buckley, Conklin, Koivisto, Parks, Leslie, Anderson, Arberry, Atkinson, Claborn, Collins, Giunchigliani, Grady, Horne, Mabey, Manendo, McClain, Perkins, Pierce, Sherer, Weber and Williams

 

CHAPTER 339

 

AN ACT relating to motor vehicles; requiring certain replacement and repairs if an airbag or seatbelt assembly in a vehicle has sustained certain damages; imposing certain restrictions and requirements upon the transfer and titling of vehicles that have sustained certain damages; requiring certain notices and disclosures regarding such vehicles; imposing civil liability and providing criminal penalties for certain violations relating thereto; revising certain provisions governing the registration or licensure of garagemen and body shops; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.098 is hereby amended to read as follows:

      482.098  “Rebuilt vehicle” means a vehicle [,] :

      1.  That is a salvage vehicle as that term is defined in section 9 of this act, excluding a nonrepairable vehicle; or

      2.  A vehicle one or more major components of which have been replaced as set forth in this subsection. For the purposes of this [section,] subsection, the requisite major components of a vehicle which must be replaced for a vehicle to be considered rebuilt are the:

      [1.] (a) Cowl assembly;

      [2.] (b) Rear clip assembly;

      [3.] (c) Roof;

      [4.] (d) Floor pan assembly; or

      [5.] (e) Conventional frame coupled with one additional major component.

      Sec. 1.5.  NRS 482.470 is hereby amended to read as follows:

      482.470  1.  If any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the Department any certificate of registration and certificate of ownership issued by the Department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.


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for which it was constructed, the owner shall deliver to the Department any certificate of registration and certificate of ownership issued by the Department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.

      2.  Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the Department any license plate or plates, certificate of registration or certificate of ownership issued by the Department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.

      3.  The Department may issue a salvage title as provided in chapter 487 of NRS. [The Department shall not charge a fee for the issuance of the salvage title.]

      4.  The Department shall destroy any plate or plates [, certificate of registration or certificate of ownership that is] that are returned in a manner described in subsections 1 and 2. [The Department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.]

      Sec. 2.  Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5 to 19, inclusive, of this act.

      Sec. 2.5.  1.  Except as otherwise provided in subsection 3, if a salvage vehicle is repaired or rebuilt by a garageman or operator of a body shop, the repairs or rebuilding must comply with the standards published and commonly applied in the motor vehicle repair industry.

      2.  Except as otherwise provided in subsection 3, if any safety equipment that was present in a motor vehicle at the time it was manufactured is repaired or replaced by a garageman or operator of a body shop, the equipment must be repaired or replaced to the standards published and commonly applied in the motor vehicle repair industry.

      3.  If a motor vehicle has been in an accident and a garageman or operator of a body shop accepts or assumes control of the motor vehicle to make any repair, the garageman or operator shall:

      (a) For a motor vehicle that is equipped with an airbag that has been deployed, replace the airbag in a manner that complies with the standards set forth in 49 C.F.R. § 571.208, Standard No. 208, for such equipment.

      (b) For a motor vehicle that is equipped with a seatbelt assembly which requires repair or replacement, repair or replace the seatbelt assembly in a manner that complies with the standards set forth in 49 C.F.R. § 571.209, Standard No. 209, for such equipment.

      4.  A garageman or operator of a bodyshop who is licensed pursuant to the provisions of chapter 487 of NRS who performs the work required pursuant to this section shall retain a written record of the work, including, without limitation, the date of the repair, rebuilding or replacement, and any identifying information regarding any parts or equipment used in the repair, rebuilding or replacement.

      Sec. 3.  As used in NRS 487.045, 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act, the words and terms defined in NRS 487.045 and sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.


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ê2003 Statutes of Nevada, Page 1909 (Chapter 339, AB 325)ê

 

defined in NRS 487.045 and sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Cost of repair” means the cost to repair a vehicle, which is established pursuant to section 15 of this act.

      Sec. 5.  “Fair market value” means the retail value of a motor vehicle that is established by:

      1.  An objective motor vehicle appraisal based upon local market resources, including, without limitation, automobile dealers and classified advertisements of newspapers;

      2.  An independent appraisal service;

      3.  A current issue of a nationally recognized guide used by financial institutions in this state for the valuation of used motor vehicles; or

      4.  A computer-based service commonly used by the insurance industry for the valuation of used motor vehicles.

      Sec. 6.  “Flood-damaged vehicle” means a motor vehicle which:

      1.  Has been submerged in water to a point that the level of the water is higher than the door sill of the vehicle and the water has entered the passenger, trunk or engine compartment of the vehicle and has come into contact with the electrical system of the vehicle; or

      2.  Has been acquired by an insurance company or retained by its owner or any other person as part of a total loss settlement resulting from water damage.

      Sec. 7.  “Motor vehicle” has the meaning ascribed to it in NRS 482.075.

      Sec. 8.  “Nonrepairable vehicle” means a motor vehicle other than an abandoned vehicle, as defined in NRS 487.210, that:

      1.  Has value only as a source of parts or scrap metal;

      2.  Has been designated by its owner for dismantling as a source of parts or scrap metal;

      3.  Has been stripped of all body panels, doors, hatches, substantially all interior components and substantially all grill and light assemblies; or

      4.  Has been burned, destroyed or otherwise damaged to such an extent that it cannot be returned to a condition which is legal for operation on the highways of this state.

      Sec. 9.  “Salvage vehicle” means a motor vehicle that at any time has been declared a total loss vehicle, flood-damaged vehicle, nonrepairable vehicle or had “salvage” or a similar word or designation placed on any title issued for the vehicle.

      Sec. 10.  “Title” means a certificate of title or any other document issued by any state or country indicating the ownership of a motor vehicle.

      Sec. 11.  1.  Any person who transfers an interest in a motor vehicle in this state shall, before the transfer, disclose in writing to the transferee any information that the transferor knows or reasonably should know concerning whether the vehicle is a salvage vehicle.

      2.  If the transferor is subject to any of the provisions of NRS 482.423 to 482.4245, inclusive, the transferor shall:

      (a) Make the disclosure required by subsection 1 before executing a contract of sale or a long-term lease;

      (b) Provide a copy of the disclosure to the transferee; and

      (c) Retain the written disclosure in his records for the period specified in NRS 482.3263.


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ê2003 Statutes of Nevada, Page 1910 (Chapter 339, AB 325)ê

 

      3.  A person who violates subsection 1 is guilty of obtaining property by false pretenses as provided in NRS 205.380.

      Sec. 12.  1.  A person shall not remove, cause to be removed or conceal a marking on a salvage title or other title which indicates that the vehicle is a salvage vehicle.

      2.  A person who knowingly violates subsection 1 with the intent to defraud:

      (a) If the fair market value of the vehicle involved is $250 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the fair market value of the vehicle involved is less than $250, is guilty of a misdemeanor.

In addition to any other penalty, the court shall order the person to pay restitution to the victim.

      Sec. 13.  1.  A person who, with the intent to defraud, violates any provision of section 11 or 12 of this act is liable to any purchaser or lessee of a motor vehicle who is harmed by that violation for:

      (a) Three times the amount of actual damages sustained by the purchaser or lessee;

      (b) Five thousand dollars; or

      (c) Actual damages sustained by the purchaser or lessee and such punitive damages as may be allowed by the court,

whichever is greater.

      2.  If an action brought pursuant to subsection 1 is successful, the purchaser or lessee who brought the action is entitled to the costs of bringing the action and reasonable attorney’s fees, as determined by the court.

      3.  The remedy provided in this section is in addition to and is not a substitute for any other legal or equitable remedy available to a purchaser or lessee of a motor vehicle who is harmed by a violation of section 11 or 12 of this act.

      Sec. 14.  A nonrepairable vehicle:

      1.  Must be processed as parts or scrap metal by a licensed automobile wrecker, dismantler or recycler.

      2.  May not be rebuilt, reconstructed or restored for operation on the highways of this state.

      3.  Must be issued a certificate by the state agency which indicates that it is a nonrepairable vehicle before any ownership interest in the vehicle may be transferred.

      Sec. 15.  An estimate of the cost of repair for a motor vehicle pursuant to NRS 487.110:

      1.  Must be calculated using the cost of the parts and labor required to restore the vehicle to the condition it was in immediately before it was wrecked, destroyed or otherwise damaged. The cost of parts and labor must be based on:

      (a) The current published actual retail price of original manufacturer equipment, retail price of new alternative equipment or the actual cost of used parts.

      (b) Rates for labor which are commonly charged in the community in which the repairs will be performed.

      2.  May not include any cost associated with painting any portion of the vehicle.


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      Sec. 16.  1.  The state agency may issue a salvage title for a vehicle, which contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle, upon application, to:

      (a) The owner of the vehicle;

      (b) The person to whom the vehicle is titled;

      (c) An insurance company that acquires the vehicle as a salvage vehicle pursuant to subsection 1 of NRS 487.110; or

      (d) A lienholder who acquires title to the vehicle.

      2.  A properly endorsed title, together with a disclosure of mileage, as required pursuant to the provisions of 49 U.S.C. §§ 32701 et seq. and 49 C.F.R. § 580.5, must be submitted with the application for salvage title.

      3.  Within 2 days after receiving all necessary documents, the state agency shall issue a salvage title for the vehicle.

      4.  Except as otherwise provided in this subsection, the state agency shall charge and collect a fee of $10 for the issuance of a salvage title pursuant to this section. The state agency shall not charge a fee for the issuance of a salvage title to an automobile wrecker licensed in this state. Fees collected by the state agency pursuant to this subsection must be deposited with the State Treasurer for credit to the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages created by NRS 487.450.

      5.  Ownership interest in a salvage vehicle may not be transferred unless a salvage title has been issued by the state agency for the vehicle.

      6.  Possession of a salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this state unless the person holds a license issued pursuant to NRS 487.050.

      7.  The Department shall not issue a salvage title for a nonrepairable vehicle.

      Sec. 17.  1.  The Department may refuse to issue a registration or, after notice and hearing, may suspend, revoke or refuse to renew a registration to operate a garage upon any of the following grounds:

      (a) A false statement of a material fact in a certification for a salvage vehicle required pursuant to NRS 487.110.

      (b) A false statement or certification for an inspection pursuant to NRS 487.110 which attests to the mechanical fitness or safety of a salvage vehicle.

      2.  As used in this section, “salvage vehicle” has the meaning ascribed to it in section 9 of this act.

      Sec. 18.  If the Director finds that the action is necessary in the public interest, the Director may, upon notice to the garageman, temporarily suspend or refuse to renew the certificate of registration to operate a garage for not more than 30 days. The Department shall conduct a hearing and issue a final decision on the matter within 30 days after it sends notice to the garageman of the temporary suspension.

      Sec. 19.  In any hearing conducted by the Department concerning the registration of a garage, the Director may issue subpoenas for the attendance of witnesses and the production of evidence.

      Sec. 20.  NRS 487.045 is hereby amended to read as follows:

      487.045  [As used in NRS 487.045 to 487.200, inclusive, “total] “Total loss vehicle” means a motor vehicle:

      1.  Of a type which is subject to registration; and


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ê2003 Statutes of Nevada, Page 1912 (Chapter 339, AB 325)ê

 

      2.  Which has been wrecked, destroyed or otherwise damaged to such an extent that the [owner, leasing company, financial institution or the insurance company that insured the vehicle considers it uneconomical to repair the vehicle; and

      3.  Because of that wreckage, destruction or other damage, which is not repaired by or for the person who owned the vehicle at the time of the event resulting in the damage.] cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged.

The term does not include a nonrepairable vehicle or other motor vehicle which is 10 model years old or older and which requires only the replacement of the hood, trunk lid, grill assembly or two or fewer quarter panels, doors, bumper assemblies, headlight assemblies, taillight assemblies, or any combination thereof, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged. For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

      Sec. 21.  NRS 487.060 is hereby amended to read as follows:

      487.060  1.  No license may be issued to an automobile wrecker until he has procured and filed with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.045 [to 487.200, inclusive.] , 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act and NRS 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 and 487.200. The Department may, by agreement with any automobile wrecker who has been licensed for 5 years or more by the Department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000. The Department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.045 [to 487.160, inclusive,] , 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act and NRS 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 and 487.200 may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an automobile wrecker may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of money or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or


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ê2003 Statutes of Nevada, Page 1913 (Chapter 339, AB 325)ê

 

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by him to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 22.  NRS 487.100 is hereby amended to read as follows:

      487.100  1.  Except as otherwise provided in subsection 2, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool, any vehicle subject to registration pursuant to the laws of this state shall forward to the Department the certificates of ownership and registration last issued therefor.

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the Manufactured Housing Division [.

      3.  The state agency may issue to the licensee a salvage title containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The state agency shall not charge a fee for the issuance of the salvage title.] of the Department of Business and Industry.


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      Sec. 23.  NRS 487.110 is hereby amended to read as follows:

      487.110  1.  Except [as otherwise provided in subsection 2, whenever a vehicle subject to registration is sold as salvage:

      (a) As] with respect to a nonrepairable vehicle, when an insurance company acquires a motor vehicle as a result of a [total loss insurance settlement, the] settlement in which the motor vehicle is determined to be a salvage vehicle, the owner of the motor vehicle who is relinquishing ownership of the motor vehicle shall endorse the title of the motor vehicle and forward the endorsed title to the insurance company. The insurance company or its authorized agent shall forward the endorsed [ownership certificate or other evidence of] title , together with an application for salvage title to the state agency within 30 days after receipt [thereof; or

      (b) Because the owner determines that the vehicle is a total loss vehicle, the owner] of the endorsed title.

      2.  Except as otherwise provided in subsection 1, before any ownership interest in a salvage vehicle, except a nonrepairable vehicle, may be transferred, the owner or other person to whom the motor vehicle is titled:

      (a) If the person has possession of the title to the vehicle, shall forward the [ownership certificate or other evidence of] endorsed title , together with an application for salvage title to the state agency within [120] 30 days after the vehicle [is damaged.] becomes a salvage vehicle.

      (b) If the person does not have possession of the title to the vehicle and the title is held by a lienholder, shall notify the lienholder within 10 days after the vehicle becomes a salvage vehicle that the vehicle has become a salvage vehicle. The lienholder shall, within 30 days after receiving such notice, forward the title, together with an application for salvage title, to the state agency.

      3.  An insurance company or its authorized agent may sell a vehicle for which a total loss settlement has been made with the properly endorsed [ownership certificate or other evidence of] title if the total loss settlement resulted from the theft of the vehicle and the vehicle, when recovered, was not [damaged to the extent that it was required to be rebuilt.] a salvage vehicle.

      4.  An owner who has determined that a vehicle is a total loss salvage vehicle may sell the vehicle with the properly endorsed [ownership certificate or other evidence of] title obtained pursuant to this section, without making any repairs to the vehicle, to a salvage pool, automobile auction, rebuilder, automobile wrecker or a new or used motor vehicle dealer.

      [3.  Upon the sale of the salvage vehicle, the insurance company, salvage pool, automobile auction, leasing company or financial institution which sells the salvage vehicle shall issue a bill of sale of salvage to the purchaser on a form to be prescribed and supplied by the state agency. The state agency shall accept the bill of sale of salvage in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.

      4.  When the]

      5.  Except with respect to a nonrepairable vehicle, if a salvage vehicle is rebuilt and [to be] restored to operation, the vehicle may not be licensed for operation , displayed or offered for sale, or the ownership thereof transferred , until there is submitted to the state agency with the prescribed [bill of sale of] salvage title, an appropriate application, other documents , including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle and fees required, [and] together with a certificate of inspection [signed by an employee of the state agency attesting to its mechanical fitness and safety.


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ê2003 Statutes of Nevada, Page 1915 (Chapter 339, AB 325)ê

 

including, without limitation, an affidavit from the state agency attesting to the inspection and verification of the vehicle identification number and the identification numbers, if any, for parts used to repair the motor vehicle and fees required, [and] together with a certificate of inspection [signed by an employee of the state agency attesting to its mechanical fitness and safety.

      5.  When] completed pursuant to NRS 487.150.

      6.  Except with respect to a nonrepairable vehicle, if a total loss insurance settlement between [the] an insurance company and [its insured] any person results in the retention of the salvage vehicle by [the insured,] that person, before the execution of the total loss settlement, the insurance company or its authorized agent shall [, within 30 days after the date of settlement, notify the state agency of the retention by its insured upon a form to be supplied by the state agency.] :

      (a) Obtain, upon an application for salvage title, the signature of the person who is retaining the salvage vehicle;

      (b) Append to the application for salvage title the title to the motor vehicle or an affidavit stating that the original title has been lost; and

      (c) Apply to the state agency for a salvage title on behalf of the person who is retaining the salvage vehicle.

      7.  If the state agency determines that a salvage vehicle retained pursuant to subsection 5 is titled in another state or territory of the United States, the state agency shall notify the appropriate authority of that state or territory that the owner has retained the salvage vehicle.

      8.  A person who retains a salvage vehicle pursuant to subsection 6 may not transfer any ownership interest in the vehicle unless he has received a salvage title.

      Sec. 24.  NRS 487.120 is hereby amended to read as follows:

      487.120  1.  If the applicant for a salvage title is unable to furnish the certificates of ownership and registration last issued for the vehicle , [or a bill of sale of salvage,] the state agency may accept the application, examine the circumstances of the case and require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a salvage title, the state agency may issue the salvage title.

      2.  No duplicate certificate of ownership or registration may be issued when a salvage title is applied for, and no fees are required for the affidavits of any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.

      Sec. 25.  NRS 487.150 is hereby amended to read as follows:

      487.150  [No]

      1.  Except with respect to a nonrepairable vehicle, a vehicle for which a salvage title has been issued may not subsequently be registered until it has been inspected by [the Department and found] a garageman who operates a garage that is registered pursuant to NRS 487.560 or by the owner of a body shop licensed pursuant to NRS 487.630 or by an employee of such a garage or body shop and is certified to be in a safe mechanical condition and equipped with all safety [glass.] equipment required by the manufacturer.

      2.  If a garageman or owner of a body shop, or an employee thereof, who performs an inspection pursuant to subsection 1 finds the vehicle to be in a safe mechanical condition and equipped with all safety equipment required by the manufacturer, the garageman, owner or employee shall complete and sign a certificate of inspection, on a form prescribed by the state agency, attesting to the mechanical fitness and safety of the vehicle and to any mechanical or other work that was performed on the vehicle at the garage or body shop.


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ê2003 Statutes of Nevada, Page 1916 (Chapter 339, AB 325)ê

 

state agency, attesting to the mechanical fitness and safety of the vehicle and to any mechanical or other work that was performed on the vehicle at the garage or body shop. The certificate of inspection must indicate that the motor vehicle has been repaired to the standards of the manufacturer and any safety equipment, including, without limitation, any occupant restraint devices, that were present in the vehicle at the time the vehicle was manufactured are present and operational to the specifications of the manufacturer.

      Sec. 26.  NRS 487.160 is hereby amended to read as follows:

      487.160  1.  The Department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:

      (a) Is not lawfully entitled thereto;

      (b) Has made, or knowingly or negligently permitted, any illegal use of that license;

      (c) Has failed to return a salvage title to the state agency when and as required of him by NRS 487.045 [to 487.190, inclusive;] , 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act; or

      (d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.

      2.  The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.

      3.  Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.

      4.  The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:

      (a) Does not have or maintain an established place of business in this state.

      (b) Made a material misstatement in any application.

      (c) Willfully fails to comply with any applicable provision of [NRS 487.045 to 487.190, inclusive.] this chapter.

      (d) Fails to furnish and keep in force any bond required by NRS 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 [, inclusive.] and 487.200.

      (e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.

      (f) Fails to maintain any license or bond required by a political subdivision of this state.

      (g) Has been convicted of a felony.

      (h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.

      5.  If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.

      6.  The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.


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ê2003 Statutes of Nevada, Page 1917 (Chapter 339, AB 325)ê

 

      7.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 and 487.200, [inclusive,] or to determine the suitability of an applicant or a licensee for such licensure.

      8.  For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS 487.045 , 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act and NRS 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 [, inclusive,] and 487.200, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.

      Sec. 27.  NRS 487.185 is hereby amended to read as follows:

      487.185  1.  A person shall not remove a total loss salvage vehicle from this state for the purpose of selling that vehicle unless the [ownership certificate or other evidence of] title has been forwarded to the state agency pursuant to [paragraph (b) of] subsection 1 of NRS 487.110.

      2.  A person who violates the provisions of this section:

      (a) If the value of the vehicle removed from this state is less than $250, is guilty of a misdemeanor.

      (b) If the value of the vehicle removed from this state is $250 or more, is guilty of a gross misdemeanor.

      Sec. 28.  NRS 487.190 is hereby amended to read as follows:

      487.190  The provisions of NRS 487.045 [to 487.180, inclusive,] , 487.110, 487.120, 487.150 and 487.185 and sections 3 to 16, inclusive, of this act do not apply to work or service vehicles owned by an automobile wrecker [.] if such a vehicle is being used solely at the place of business of the automobile wrecker that has been reported to the Department pursuant to NRS 487.073.

      Sec. 29.  NRS 487.200 is hereby amended to read as follows:

      487.200  [Unless a greater penalty is provided in NRS 487.185, any] Any person who violates any of the provisions of NRS [487.045 to 487.190,] 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 and 487.200, is guilty of a misdemeanor.

      Sec. 30.  NRS 487.250 is hereby amended to read as follows:

      487.250  1.  The state agency or political subdivision shall, within 48 hours after the appraisal, notify the head of the state agency of the removal of the vehicle. The notice must contain:

      (a) A description of the vehicle.

      (b) The appraised value of the vehicle.

      (c) A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.


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ê2003 Statutes of Nevada, Page 1918 (Chapter 339, AB 325)ê

 

      2.  The person who removed the vehicle must notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

      3.  Failure to reclaim within 15 days after notification a vehicle appraised at $500 or less constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

      4.  If all recorded interests in a vehicle appraised at $500 or less are waived, either as provided in subsection 3 or by written disclaimer by any person having an interest in the vehicle, the state agency shall issue a salvage title pursuant to section 16 of this act to the automobile wrecker who towed the vehicle or to whom the vehicle may have been delivered, or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required by chapter 484 of NRS.

      Sec. 31.  NRS 487.270 is hereby amended to read as follows:

      487.270  1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for the costs of towing and storing for a period not exceeding 90 days.

      2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his lien by retaining the vehicle and obtaining a certificate [of ownership thereto] pursuant to section 14 of this act, if applicable, or a salvage title as provided in [NRS 487.250.] section 16 of this act.

      3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his lien, in accordance with the provisions of NRS 108.265 to 108.360, inclusive. Before such a person may sell the vehicle, he shall obtain a certificate pursuant to section 14 of this act, if applicable, or a salvage title as provided in section 16 of this act.

      Sec. 32.  NRS 487.450 is hereby amended to read as follows:

      487.450  1.  The Department shall charge and collect a fee of $300 for the issuance or renewal of a license to operate a salvage pool.

      2.  Fees collected by the Department pursuant to this section must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages which is hereby created in the State General Fund. Money in the Account may be used only for the administration of NRS 487.002, [487.045 to 487.200, inclusive,] 487.050 to 487.100, inclusive, and 487.160, 487.170, 487.180, 487.190 and 487.200 and 487.400 to 487.690, inclusive.

      Sec. 33.  NRS 487.480 is hereby amended to read as follows:

      487.480  1.  Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state, he must have in his possession the certificate of [ownership or a bill of sale of salvage] title for a vehicle obtained pursuant to subsection 2 of NRS 487.110 or the salvage title for that vehicle. [He shall, within 10 days after completion of the transaction, forward the certificate of ownership or bill of sale of salvage to the Department.] The Department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the [operator forwards the certificates to the Department,] salvage title was issued, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.


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ê2003 Statutes of Nevada, Page 1919 (Chapter 339, AB 325)ê

 

if the vehicle was manufactured in the 5 years preceding the date on which the [operator forwards the certificates to the Department,] salvage title was issued, unless the Department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      2.  Upon sale of the vehicle, the operator of the salvage pool shall provide a [bill of sale of] salvage title to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder [on a form prescribed and supplied by the Department. The Department shall accept the bill of sale of salvage in lieu of the certificate of ownership or other evidence of title from the:

      (a) Automobile wrecker, if the bill of sale of salvage is accompanied by an appropriate application for a salvage title; or

      (b) Dealer of new or used motor vehicles or rebuilder when he licenses the vehicle for operation or transfers ownership of it, if the bill of sale of salvage is accompanied by an appropriate application, all other required documents and fees, and a certificate of inspection signed by an employee of the Department attesting to the mechanical fitness and safety of the vehicle.

      3.  The Department may issue to:

      (a) The licensed automobile wrecker;

      (b) A licensed operator of a salvage pool;

      (c) A dealer of new or used motor vehicles who is licensed in another state or foreign country and is registered with a salvage pool; or

      (d) An automobile wrecker or dismantler who is licensed in another state or foreign country and is registered with a salvage pool,

a salvage title that contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. Except as otherwise provided in this subsection, the Department shall charge and collect a fee of $10 for the issuance of a salvage title pursuant to this subsection. The Department shall not charge such a fee for the issuance of a salvage title to an automobile wrecker licensed in this state. Fees collected by the Department pursuant to this subsection must be deposited with the State Treasurer to the credit of the Account for Regulation of Salvage Pools, Automobile Wreckers, Body Shops and Garages. Possession of a salvage title does not entitle a person to dismantle, scrap, process or wreck any vehicle in this state unless the person holds a license issued pursuant to NRS 487.050.] who purchased the vehicle.

      Sec. 34.  NRS 487.530 is hereby amended to read as follows:

      487.530  As used in NRS 487.530 to 487.570, inclusive, and sections 17, 18 and 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.535 to 487.550, inclusive, have the meanings ascribed to them in those sections.

      Sec. 35.  NRS 487.650 is hereby amended to read as follows:

      487.650  1.  The Department may refuse to issue a license or, after notice and hearing, may suspend, revoke or refuse to renew a license to operate a body shop upon any of the following grounds:

      (a) Failure of the applicant or licensee to have or maintain an established place of business in this state.

      (b) Conviction of the [operator] applicant or licensee or an employee of the applicant or licensee of a felony, or of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.

      (c) Any material misstatement in the application for the license.


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ê2003 Statutes of Nevada, Page 1920 (Chapter 339, AB 325)ê

 

      (d) Willful failure of the applicant or [operator] licensee to comply with the motor vehicle laws of this state [,] and NRS 487.035, 487.610 to 487.690, inclusive, or 597.480 to 597.590, inclusive.

      (e) Failure or refusal by the licensee to pay or otherwise discharge any final judgment against him arising out of the operation of the body shop.

      (f) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 2.

      (g) A finding of guilt by a court of competent jurisdiction in a case involving a fraudulent inspection, purchase, sale or transfer of a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      (h) An improper, careless or negligent inspection of a salvage vehicle pursuant to NRS 487.110 by the applicant or licensee or an employee of the applicant or licensee.

      (i) A false statement of material fact in a certification of a salvage vehicle pursuant to NRS 487.110 or a record regarding a salvage vehicle by the applicant or licensee or an employee of the applicant or licensee.

      2.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the operation of a body shop, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.610 to 487.690, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

      3.  As used in this section, “salvage vehicle” has the meaning ascribed to it in section 9 of this act.

      Sec. 36.  NRS 487.130 is hereby repealed.

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ê2003 Statutes of Nevada, Page 1921ê

 

CHAPTER 340, AB 326

Assembly Bill No. 326–Assemblymen Buckley, Conklin, McClain, Koivisto, Parks, Anderson, Arberry, Atkinson, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Grady, Horne, Leslie, Mabey, Manendo, Oceguera, Perkins, Pierce, Sherer and Williams

 

CHAPTER 340

 

AN ACT relating to residential facilities for groups; requiring the State Board of Health to adopt separate regulations for the licensure and regulation of residential facilities for groups which provide assisted living services; limiting the circumstances under which a residential facility for groups may claim to offer assisted living services; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive laser surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive laser surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.


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ê2003 Statutes of Nevada, Page 1922 (Chapter 340, AB 326)ê

 

protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The regulations must prohibit a residential facility for groups from claiming that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Contain toilet facilities and a sleeping area or bedroom; and

             (2) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;


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ê2003 Statutes of Nevada, Page 1923 (Chapter 340, AB 326)ê

 

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed for and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      Sec. 2.  NRS 449.230 is hereby amended to read as follows:

      449.230  1.  Any authorized member or employee of the Health Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive. For the purposes of this subsection, “building or premises” does not include a mobile unit that is operated by a medical facility which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association.

      2.  The State Fire Marshal or his designee shall, upon receiving a request from the Health Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection [7] 8 of NRS 449.037:

      (a) Enter and inspect a residential facility for groups; and

      (b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection [7] 8 of NRS 449.037,

to ensure the safety of the residents of the facility in an emergency.

      3.  The State Health Officer or his designee shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.

      4.  An authorized member or employee of the Health Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Health Division is notified that a residential facility for groups is operating without a license.

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ê2003 Statutes of Nevada, Page 1924ê

 

CHAPTER 341, AB 254

Assembly Bill No. 254–Committee on Ways and Means

 

CHAPTER 341

 

AN ACT making supplemental appropriations to the Department of Motor Vehicles for certain unanticipated shortfalls in money for Fiscal Year 2002-2003; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

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 Highway Fund to the Automation Division of the Department of Motor Vehicles the sum of $156,500 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for the upgrade and expansion of a toll-free telephone system. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      2.  There is hereby appropriated from the State Highway Fund to the Automation Division of the Department of Motor Vehicles the sum of $146,800 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for expenses relating to storage space for discs. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      3.  There is hereby appropriated from the State Highway Fund to the Hearings Office of the Department of Motor Vehicles the sum of $15,000 for Fiscal Year 2002-2003 for an unanticipated shortfall in salaries and revenue. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      4.  There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $30,419 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for expenses relating to the Qmatic warranties. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      5.  There is hereby appropriated from the State Highway Fund to the Division of Field Services of the Department of Motor Vehicles the sum of $51,880 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for rent for a building that is not owned by the State. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      6.  There is hereby appropriated from the State Highway Fund to the Division of Compliance Enforcement of the Department of Motor Vehicles the sum of $26,000 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for fingerprinting services. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      7.  There is hereby appropriated from the State Highway Fund to the Division of Management Services and Programs of the Department of Motor Vehicles the sum of $125,925 for an unanticipated shortfall in money for Fiscal Year 2002-2003 for salaries for security guards. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.


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ê2003 Statutes of Nevada, Page 1925 (Chapter 341, AB 254)ê

 

supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

      8.  There is hereby appropriated from the State Highway Fund to the Motor Carrier Section of the Division of Compliance Enforcement of the Department of Motor Vehicles the sum of $34,000 for Fiscal Year 2002-2003 for an unanticipated shortfall in salaries and revenue. This appropriation is supplemental to that made by section 30 of chapter 570, Statutes of Nevada 2001, at page 2864.

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

________

 

CHAPTER 342, AB 470

Assembly Bill No. 470–Committee on Ways and Means

 

CHAPTER 342

 

AN ACT relating to child welfare services; extending the date of the reversion of an appropriation made in 2001 for the one-time costs associated with the transfer of certain child welfare services to Clark County and Washoe County; authorizing the continued use of the appropriated money for certain purposes; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 136 of chapter 1, Statutes of Nevada 2001 Special Session, at page 61, is hereby amended to read as follows:

      Sec. 136.  1.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $5,166,860 for one-time costs associated with the transfer of certain child welfare services from the department of human resources to Clark County and Washoe County. No expenditures may be made from the money appropriated pursuant to this subsection for ongoing costs related to the integration of the child welfare system.

      2.  The money appropriated by subsection 1 must be deposited into the account established solely for the costs related to the integration of the child welfare system.

      3.  [Any] Except as otherwise provided in subsection 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.

      4.  Any remaining balance of the portion of the appropriation made by subsection 1 that was budgeted for expenditure for retirement buyout and Clark County Information Systems must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.


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ê2003 Statutes of Nevada, Page 1926 (Chapter 342, AB 470)ê

 

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

________

 

CHAPTER 343, SB 416

Senate Bill No. 416–Committee on Finance

 

CHAPTER 343

 

AN ACT relating to projects of capital improvement; authorizing the issuance of general obligation bonds and other securities to finance the completion of the Fish Hatchery Refurbishment Project; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Except as otherwise provided in subsection 2, the State Board of Finance shall, upon the request of the Division of Wildlife of the State Department of Conservation and Natural Resources, issue general obligation bonds of the State of Nevada or a combination of general obligation bonds of the State of Nevada and other securities in the aggregate principal amount of not more than $14,000,000 for the project numbered and described in the executive budget for the Fiscal Years 2003-2004 and 2004-2005 or otherwise described as Project 03-C12, Fish Hatchery Refurbishment Project, Phase II, and for such additional phases of the Fish Hatchery Refurbishment Project as are necessary to complete the Project.

      2.  The State Board of Finance shall not issue the securities authorized pursuant to subsection 1 unless it determines that the money received pursuant to NRS 502.326 and other available revenues of the Division will be sufficient to pay the principal and interest due on the securities.

      3.  The amount of the securities and the timing of the issuance of the securities must be determined by the State Treasurer and representatives of the Division of Wildlife.

      4.  Following the issuance of the securities authorized by subsection 1, the Division of Wildlife shall pay or transfer from the Trout Management Account established by NRS 502.327 or from other available sources of revenue to the State Treasurer the amounts necessary to pay the principal and interest due on the securities as directed by the State Treasurer.

      5.  The provisions of the State Securities Law, set forth in NRS 349.150 to 349.364, inclusive, apply to the issuance of securities pursuant to the provisions of this section.

      6.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this section are necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

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

________

 


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ê2003 Statutes of Nevada, Page 1927ê

 

CHAPTER 344, SB 407

Senate Bill No. 407–Committee on Finance

 

CHAPTER 344

 

AN ACT making a supplemental appropriation to the Western Interstate Commission for Higher Education for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the reclassification of a position; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Western Interstate Commission for Higher Education the sum of $2,600 for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the reclassification of a position. This appropriation is supplemental to that made by section 17 of chapter 570, Statutes of Nevada 2001, at page 2860.

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

________

 

CHAPTER 345, SB 345

Senate Bill No. 345–Senators Nolan and Hardy

 

CHAPTER 345

 

AN ACT relating to public employees’ retirement; directing the Public Employees’ Retirement System to report certain payments as disability benefits where allowed by federal law; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

      The System shall, to the extent allowed by federal law, report to the Internal Revenue Service of the United States Department of the Treasury a disability retirement allowance that is paid to a member of the System as a disability benefit instead of as retirement income.

      Sec. 2.  The Public Employees’ Retirement System shall:

      1.  On or before October 1, 2003, submit a request to the Internal Revenue Service of the United States Department of the Treasury for a determination of whether disability retirement benefits paid pursuant to chapter 286 of NRS are excludable from taxable income;

      2.  On or before July 1, 2004, review any alternative methods allowed under federal law for reporting disability retirement allowances to the Internal Revenue Service and consider the feasibility of implementing any such method; and


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ê2003 Statutes of Nevada, Page 1928 (Chapter 345, SB 345)ê

 

      3.  On or before July 1, 2004, prepare and submit a report to the Legislative Commission regarding the determination that it requested pursuant to subsection 1 and the results of its review pursuant to subsection 2.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

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

________

 

CHAPTER 346, AB 459

Assembly Bill No. 459–Committee on Government Affairs

 

CHAPTER 346

 

AN ACT relating to county recorders; authorizing a county recorder to deny recordation of certain documents; providing for judicial review of such a denial; prohibiting a person in certain circumstances from resubmitting a document for recordation that had been denied recordation previously; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 247.100 is hereby amended to read as follows:

      247.100  Each county recorder shall:

      1.  [Record] Except as otherwise provided in NRS 247.145, record each document in the order in which it is received;

      2.  Maintain a record of all transactions conducted within the office and a record of all fees collected; and

      3.  Make the records maintained pursuant to subsection 2 available for public inspection during regular business hours.

      Sec. 2.  NRS 247.110 is hereby amended to read as follows:

      247.110  1.  When a document authorized , entitled or required by law to be recorded is deposited in the county recorder’s office for recording, the county recorder shall:

      (a) Endorse upon it the time when it was received, noting:

             (1) The year, month, day, hour and minute of its reception;

             (2) The document number; and

             (3) The amount of fees collected for recording the document.

      (b) Record the document without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to it, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the papers are received for recording.

      (c) Note at the upper right corner of the record and upon the document, except a map, so recorded the exact time of its reception [,] and the name of the person at whose request it was recorded.

      (d) Upon request, place a stamp or other notation upon one copy of the document presented at the time of recording to reflect the information endorsed upon the original pursuant to subparagraphs (1) and (2) of paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.


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ê2003 Statutes of Nevada, Page 1929 (Chapter 346, AB 459)ê

 

paragraph (a) and as evidence that he received the original, and return the copy to the person who presented it.

      2.  In addition to the information described in paragraph (a) of subsection 1, a county recorder may endorse upon a document the book and page where the document is recorded.

      3.  [A county recorder shall not refuse to record a document on the grounds that the document is not legally effective to accomplish the purposes stated therein.

      4.]  A document, except a map, that is submitted for recording must:

      (a) Be on paper that is 8 1/2 inches by 11 inches in size;

      (b) Have a margin of 1 inch on the left and right sides and at the bottom of each page; and

      (c) Have a space of 3 inches by 3 inches at the upper right corner of the first page and have a margin of 1 inch at the top of each succeeding page.

      4.  A document is recorded when the information required pursuant to this section is placed on the document and is entered in the record of the county recorder.

      Sec. 3.  NRS 247.120 is hereby amended to read as follows:

      247.120  1.  [Each] Except as otherwise provided in NRS 247.145, each county recorder shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified documents:

      (a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

      (b) Certificates of marriage and marriage contracts.

      (c) Wills admitted to probate.

      (d) Official bonds.

      (e) Notice of mechanics’ liens.

      (f) Transcripts of judgments which by law are made liens upon real estate in this state and affidavits of renewal of those judgments.

      (g) Notices of attachment upon real estate.

      (h) Notices of the pendency of an action affecting real estate, the title thereto or the possession thereof.

      (i) Instruments describing or relating to the separate property of married persons.

      (j) Notice of preemption claims.

      (k) Notices and certificates of location of mining claims.

      (l) Affidavits of proof of annual labor on mining claims.

      (m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230.

      (n) Certificates of sale.

      (o) Judgments or decrees.

      (p) Declarations of homesteads.

      (q) Such other writings as are required or permitted by law to be recorded.

      2.  Each of the documents named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.

      3.  Before accepting for recording any document enumerated in subsection 1, the county recorder shall require a document suitable for recording by a method used by the recorder to preserve his records. If any rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the document conditionally subject to submission of a suitable document at a later date.


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ê2003 Statutes of Nevada, Page 1930 (Chapter 346, AB 459)ê

 

rights may be adversely affected because of a delay in recording caused by this requirement, the county recorder shall accept the document conditionally subject to submission of a suitable document at a later date. Before accepting a document conditionally, the recorder shall require the person who requests the recording to sign a statement that the person has been advised of the requirements described in this subsection and record the statement with the document.

      Sec. 4.  NRS 247.145 is hereby amended to read as follows:

      247.145  1.  County recorders may record any document authorized, entitled or required by law to be recorded when presented for recording.

      2.  A [document is recorded when the information required pursuant to NRS 247.110 is placed on the document and is entered in the record of the county recorder.] county recorder may deny a request to record a document if, within 2 judicial days after presentation of the document, the recorder determines that the document is unauthorized, falsified or otherwise may not be lawfully recorded. If a recorder fails to make such a determination within the specified period, the recorder shall record the document as soon as practicable, unless otherwise ordered by a court.

      3.  A county recorder who denies a request to record a document pursuant to subsection 2 shall retain a copy of the document and, within 2 judicial days after he denies the request, shall provide the requester with written notice, on a form prescribed by the county recorder, of:

      (a) The reason that the recorder is denying the recordation of the document;

      (b) The right of the requester to judicial review of the denial; and

      (c) The criminal penalty set forth in subsection 5.

If a recorder fails to provide the notice required by this subsection within the specified period, the recorder shall record the document as soon as practicable, unless otherwise ordered by a court.

      4.  If a request to record a document is denied pursuant to subsection 2, the requester may apply to the district court in the county in which the request was denied for an order to record the document. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails:

      (a) He is entitled to recover from the county recorder any filing fees that he paid related to the proceeding.

      (b) The county recorder shall record the document as soon as practicable.

      5.  If a county recorder denied recordation of a document pursuant to subsection 2, a person shall not resubmit the document for recordation unless the document has been modified in such a manner that it may be lawfully recorded or the person has obtained a court order pursuant to subsection 4. Unless a greater penalty is provided by NRS 239.330, a violation of this subsection is a misdemeanor.

      6.  Except as otherwise provided in paragraph (a) of subsection 4, a county recorder who acts in good faith in denying recordation of a document pursuant to this section is immune from liability for damages to the requester or any person whom the document concerns or affects.

      Sec. 5.  NRS 247.180 is hereby amended to read as follows:

      247.180  1.  Except as otherwise provided in NRS 111.312 [,] and 247.145, whenever a document conveying, encumbering or mortgaging both real and personal property is presented to a county recorder for recording, the county recorder shall record the document.


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ê2003 Statutes of Nevada, Page 1931 (Chapter 346, AB 459)ê

 

county recorder shall record the document. The record must be indexed in the real estate index as deeds and other conveyances are required by law to be indexed, and for which the county recorder may receive the same fees as are allowed by law for recording and indexing deeds and other documents, but only one fee for the recording of a document may be collected.

      2.  A county recorder who records a document pursuant to this section shall, within 7 working days after he records the document, provide to the county assessor at no charge:

      (a) A duplicate copy of the document and any supporting documents; or

      (b) Access to the digital document and any digital supporting documents.

      Sec. 6.  NRS 247.200 is hereby amended to read as follows:

      247.200  A document affecting real property must be recorded in the office of the county recorder of the county in which the real property is situated. [A county recorder may refuse to record a document affecting real property if the real property is not located within the county.]

      Sec. 7.  NRS 247.320 is hereby amended to read as follows:

      247.320  1.  A county recorder shall:

      (a) [Record] Except as otherwise provided in NRS 247.145, record deeds of conveyances and judgments vesting or perfecting title in the United States; and

      (b) Provide one certified copy of the official record to the interested government representative.

      2.  A county recorder shall not charge fees for the services required by this section.

      Sec. 8.  NRS 247.410 is hereby amended to read as follows:

      247.410  A county recorder is liable to a party aggrieved for three times the amount of the damages that may be occasioned thereby if the county recorder:

      1.  Neglects or refuses to record a [recordable] document that is authorized, entitled or required by law to be recorded within a reasonable time after receiving the document;

      2.  Records a document willfully or negligently, untruly or in any other manner than is directed in this chapter;

      3.  Neglects or refuses to maintain in his office such indexes as are required by this chapter, or to make the proper entries therein; or

      4.  Alters, changes or obliterates any record or any filed document deposited in his office, or inserts any new matter therein.

________

 


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ê2003 Statutes of Nevada, Page 1932ê

 

CHAPTER 347, SB 312

Senate Bill No. 312–Senators Carlton, Neal, Titus, Care, Raggio, O’Connell, Townsend and Hardy (by request)

 

Joint Sponsors: Assemblymen Ohrenschall, Giunchigliani, Chowning and McCleary

 

CHAPTER 347

 

AN ACT relating to governmental entities; authorizing state and local governmental entities to accept a consular identification card for the purpose of identifying a person under certain circumstances; clarifying that the presentation of such a consular identification card does not, by itself, convey an entitlement to any benefits; prohibiting the Department of Motor Vehicles from accepting a consular identification card as proof of the age or identity of an applicant for an instruction permit, driver’s license, identification card or motorcycle driver’s license; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 237 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, with respect to any activity or transaction in which a local government accepts an identification card issued by the Department of Motor Vehicles to identify a person, the local government may also accept a consular identification card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “Local government” has the meaning ascribed to it in NRS 237.050.

      Sec. 2.  NRS 240.163 is hereby amended to read as follows:

      240.163  1.  In taking an acknowledgment, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument. The person who signed the document shall present the document to the notarial officer in person.

      2.  In taking a verification upon oath or affirmation, a notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.


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ê2003 Statutes of Nevada, Page 1933 (Chapter 347, SB 312)ê

 

evidence, that the person making the verification is the person whose signature is on the verified statement.

      3.  In certifying or attesting a copy of a document or other item, a notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.

      4.  In making or noting a protest of a negotiable instrument, a notarial officer shall verify compliance with the provisions of subsection 2 of NRS 104.3505.

      5.  In executing a jurat, a notarial officer shall administer an oath or affirmation to the affiant and shall determine, from personal knowledge or other satisfactory evidence, that the affiant is the person named in the document. The affiant shall sign the document in the presence of the notarial officer. The notarial officer shall administer the oath or affirmation required pursuant to this subsection in substantially the following form:

 

      Do you (solemnly swear, or affirm) that the statements in this document are true, (so help you God)?

 

      6.  A notarial officer has satisfactory evidence that a person is the person whose signature is on a document if he:

      (a) Is personally known to the notarial officer;

      (b) Is identified upon the oath or affirmation of a credible witness personally known to the notarial officer;

      (c) Is identified on the basis of an identifying document which contains a signature and a photograph or physical description;

      (d) Is identified on the basis of a consular identification card;

      (e) Is identified upon an oath or affirmation of a subscribing witness who is personally known to the notarial officer; or

      [(e)] (f) In the case of a person who is 65 years of age or older and cannot satisfy the requirements of paragraphs (a) to [(d),] (e), inclusive, is identified upon the basis of an identification card issued by a governmental agency or a senior citizen center.

      7.  An oath or affirmation administered pursuant to subsection 6 must be in substantially the following form:

 

      Do you (solemnly swear, or affirm) that you personally know ………(name of person who signed the document)………, (so help you God)?

 

      8.  As used in this section, unless the context otherwise requires, “consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      Sec. 3.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect to any activity or transaction in which a state agency accepts an identification card issued by the Department of Motor Vehicles to identify a person, the state agency may also accept a consular identification card to identify a person.


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ê2003 Statutes of Nevada, Page 1934 (Chapter 347, SB 312)ê

 

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.

      Sec. 4.  NRS 483.290 is hereby amended to read as follows:

      483.290  1.  Every application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his age by displaying:

      (a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the date of birth of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the Department; or

      (b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice or a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department other than a passport issued by a foreign government.

      3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      4.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the social security number of the applicant; or


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ê2003 Statutes of Nevada, Page 1935 (Chapter 347, SB 312)ê

 

      (b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

      5.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an instruction permit or for a driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

      Sec. 5.  NRS 483.860 is hereby amended to read as follows:

      483.860  1.  Every applicant for an identification card must furnish proof of his age by presenting a birth certificate issued by a state or the District of Columbia or other proof of the applicant’s date of birth, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and such other corroboration of the matters stated in his application as are required of applicants for a driver’s license.

      2.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the applicant’s social security number; or

      (b) Other proof acceptable to the Department, including, but not limited to, records of employment or federal income tax returns.

      3.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

      Sec. 6.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the Department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      2.  Every application must:

      (a) State the full name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the Department requires to determine the competency and eligibility of the applicant.

      3.  Every applicant shall furnish proof of his age by displaying:

      (a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the Department; or

      (b) If he was born outside the United States, a:

             (1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;


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ê2003 Statutes of Nevada, Page 1936 (Chapter 347, SB 312)ê

 

             (2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;

             (3) Driver’s license issued by another state or the District of Columbia; or

             (4) Passport issued by the United States Government.

      4.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for a motorcycle driver’s license. As used in this subsection, “consular identification card” has the meaning ascribed to it in section 3 of this act.

      Sec. 7.  NRS 597.940 is hereby amended to read as follows:

      597.940  1.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

      (a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, [such as a] including, without limitation:

             (1) A driver’s license [or] ;

             (2) An identification card issued by the Department of Motor Vehicles; or

            (3) A consular identification card,

as a condition of accepting a check or draft.

      (b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

      (c) The business from requesting the customer to record the account number of his credit card on the check or draft with which payment on the credit card account is being made.

      (d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

             (1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

             (2) The issuer has agreed to guarantee any such check or draft so cashed; and

             (3) The cardholder has given actual, apparent or implied authority for the use of his account number for this purpose.

      2.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his credit card. This subsection does not:

      (a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

      (b) Apply to a transaction in which the customer receives a cash advance against his credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.


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      (c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

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

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Credit card” has the meaning ascribed to it in NRS 205.630.

      (c) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

________

 

CHAPTER 348, SB 423

Senate Bill No. 423–Committee on Commerce and Labor

 

CHAPTER 348

 

AN ACT relating to unemployment compensation; increasing the period during which the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation may recover an overpayment of unemployment compensation benefits; authorizing the Administrator to establish or provide support for job training programs in the public and private sectors for training, retraining or improving the skills of persons employed in this state; authorizing the filing of an action for judicial review of a final decision of the Board of Review concerning a claim for unemployment benefits in the district court of the county where the employment which is the basis of the claim was performed; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.365 is hereby amended to read as follows:

      612.365  1.  Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:

      (a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and

      (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.

      2.  The amount of the overpayment must be assessed to the liable person , and he must be notified of the basis of the assessment. The notice must specify the amount for which the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.

      3.  At any time within [3] 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment [either] by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter.


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the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter.

      4.  The Administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.

      5.  Any person against whom liability is determined under this section may appeal therefrom within 10 days after the date the notice provided for in this section was mailed to, or served upon, the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 10-day period provided for in this subsection may be extended for good cause shown.

      Sec. 2.  NRS 612.475 is hereby amended to read as follows:

      612.475  1.  The last employing unit of any unemployed claimant and the next to last employing unit of an unemployed claimant who has not earned remuneration with his last covered employer equal to or exceeding his weekly benefit amount in each of 16 weeks [,] must be notified of [the] any new claim or additional claim filed by the unemployed claimant following his separation.

      2.  The notice of the filing of a claim must contain the claimant’s name and social security [account] number and may contain the reason for separation from the employing unit affected as given by the claimant, the date of separation [,] and such other information as is deemed proper.

      3.  Upon receipt of a notice of the filing of a claim, the employing unit shall , within 10 days [of] after the date of the mailing of the notice , submit to the Division any facts which may affect the claimant’s rights to benefits.

      4.  Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to the unemployed claimant [,] if the protest is filed within 10 days after the notice is filed.

      5.  Any employing unit which has filed a protest in accordance with the provisions of this section must be notified in writing of the determination arrived at by the Administrator or his deputy , and the notice must contain a statement setting forth the right of appeal.

      6.  As used in this section:

      (a) “Additional claim” means a claim filed during the benefit year when a break of 1 week or more has occurred in the series of claims with intervening employment.

      (b) “New claim” means an application for a determination of eligibility and benefits, benefit amount and duration of benefits which certifies to the beginning date of a first period of unemployment in a benefit year or the continuance of a period of unemployment into a new benefit year.

      Sec. 3.  NRS 612.530 is hereby amended to read as follows:

      612.530  1.  Within 10 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county [wherein the appealed claim or claims were filed against the Administrator] where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.


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      2.  In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must be served upon the Administrator, unless he is the appellant, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each [such] defendant.

      3.  With his answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review’s findings of fact and decision therein. The Administrator may [also, in his discretion,] certify to the court questions of law involved in any decision.

      4.  In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.

      5.  Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      6.  An appeal may be taken from the decision of the district court to the Supreme Court of Nevada [,] in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.

      7.  It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering [such] the appeal.

      8.  Upon the final determination of [such] the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.

      9.  A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.

      Sec. 4.  NRS 612.606 is hereby amended to read as follows:

      612.606  1.  Except as otherwise provided in subsection 4, in addition to any other contribution required by this chapter, each employer shall make payments into the Unemployment Compensation Administration Fund for the program for the employment and training of [claimants and other] unemployed persons and persons employed in this state at the rate of .05 percent of the wages he pays.

      2.  The interest and forfeit provisions of NRS 612.620 and 612.740, respectively, are inapplicable to the payments required by this section.

      3.  In determining unemployment compensation contribution rates assigned to employers pursuant to this chapter, payments paid into the Unemployment Compensation Administration Fund for the program for the employment and training of [claimants and other] unemployed persons and persons employed in this state pursuant to this section must remain separate from any other contribution paid pursuant to this chapter and must not be included in any manner in computing the contribution rates to be assigned to employers under NRS 612.550.

      4.  The provisions of this section do not apply to an employer:

      (a) Who has been assigned a contribution rate of 5.4 percent pursuant to subsection 6 of NRS 612.550; or


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ê2003 Statutes of Nevada, Page 1940 (Chapter 348, SB 423)ê

 

      (b) Who has elected to make reimbursement in lieu of contributions pursuant to NRS 612.553.

      Sec. 5.  NRS 612.607 is hereby amended to read as follows:

      612.607  1.  All payments collected pursuant to NRS 612.606 must be deposited in the Unemployment Compensation Administration Fund. At the end of each fiscal year, the State Controller shall transfer to the Clearing Account in the Unemployment Compensation Fund the amount by which the unencumbered balance of the money deposited in the Unemployment Compensation Administration Fund pursuant to this subsection exceeds the amount of that money which the Legislature has authorized for expenditure during the first 90 days of the succeeding fiscal year.

      2.  Except for money transferred from the Unemployment Compensation Administration Fund pursuant to subsection 1, the Administrator may only expend the money collected for the employment and training of [claimants and other] unemployed persons and persons employed in this state to:

      (a) Establish and administer an employment training program which must foster job creation, minimize unemployment costs of employers and meet the needs of employers for skilled workers by providing training to [unemployment compensation claimants and other] unemployed persons; [and]

      (b) Establish or provide support for job training programs in the public and private sectors for training, retraining or improving the skills of persons employed in this state; and

      (c) Pay the costs of the collection of payments required pursuant to NRS 612.606.

      3.  The money used for the program for the employment and training of [claimants and other] unemployed persons and persons employed in this state must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with or duplicate in any way existing apprenticeship programs approved by the State Apprenticeship Council.

      Sec. 6.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 1941ê

 

CHAPTER 349, SB 179

Senate Bill No. 179–Committee on Human Resources and Facilities

 

CHAPTER 349

 

AN ACT relating to mental health; revising the definition of “mental illness” for certain purposes; clarifying the period that a person may be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment; requiring the transportation of an allegedly mentally ill person to a public or private mental health facility under an emergency admission for evaluation, observation and treatment and the examination of the person that is required before the transportation to be conducted in compliance with certain federal and state laws; authorizing a court to establish a program for the treatment of mental retardation to which it may assign a defendant in a criminal action; authorizing a court, in determining the competency of a defendant in a criminal action, to consider evidence related to treatment to competency; authorizing a court to order the involuntary administration of medication to a defendant in a criminal action under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Treatment to competency” means treatment provided to a person who is a defendant in a criminal action or proceeding to attempt to cause him to attain competency to stand trial or receive pronouncement of judgment.

      Sec. 2.  NRS 433.005 is hereby amended to read as follows:

      433.005  As used in this title, unless the context otherwise requires, or except as otherwise defined by specific statute, the words and terms defined in NRS 433.014 to 433.224, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 433.044 is hereby amended to read as follows:

      433.044  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from , care, treatment and training provided by the Division [.] , or from treatment to competency provided by the Division.

      Sec. 4.  NRS 433.164 is hereby amended to read as follows:

      433.164  “Mental illness” means [any mental disfunction leading to impaired ability to maintain oneself and function effectively in one’s life situation without external support.] a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which:

      1.  Is listed in the most recent edition of the clinical manual of the International Classification of Diseases, ICD-9-CM, code range 295 to 302.9, inclusive, 306 to 309.9, inclusive, or 311 to 316, inclusive, or the corresponding code in the most recent edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, DSM-IV, Axis I; and


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Association’s Diagnostic and Statistical Manual of Mental Disorders, DSM-IV, Axis I; and

      2.  Seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation.

      Sec. 5.  NRS 433.431 is hereby amended to read as follows:

      433.431  As used in this section and NRS 433.434, 433.444 and 433.454, unless the context otherwise requires:

      1.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from , care, treatment , treatment to competency or training in a division facility.

      2.  “Division facility” means any unit or subunit operated by:

      (a) The Division of Mental Health and Developmental Services of the Department for the care, treatment and training of clients; or

      (b) The Division of Child and Family Services of the Department pursuant to NRS 433B.010 to 433B.350, inclusive.

      Sec. 6.  NRS 433.554 is hereby amended to read as follows:

      433.554  1.  An employee of a public or private mental health facility or any other person, except a client, who:

      (a) Has reason to believe that a client of the Division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a lawfully issued prescription;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor, in addition to any other penalties provided by law.

      2.  In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a client, who willfully abuses or neglects a client:

      (a) For a first violation that does not result in substantial bodily harm to the client, is guilty of a gross misdemeanor.

      (b) For a first violation that results in substantial bodily harm to the client, is guilty of a category B felony.

      (c) For a second or subsequent violation, is guilty of a category B felony.

A person convicted of a category B felony pursuant to this section shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the State, he forfeits his office or position.

      4.  A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.


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or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.

      5.  For the purposes of this section:

      (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) The use of any type of aversive intervention;

             (3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and

             (4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.

Any act which meets the standard of practice for care and treatment does not constitute abuse.

      (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from , care, treatment and training in a public or private institution or facility offering mental health services [.] , or from treatment to competency in a public or private institution or facility offering mental health services. The term includes a client of the Division of Child and Family Services of the Department.

      (c) “Neglect” means any omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to follow:

             (1) An appropriate plan of treatment to which the client has consented; and

             (2) The policies of the facility for the care and treatment of clients.

Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

      (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

      Sec. 7.  NRS 433.459 is hereby amended to read as follows:

      433.459  “Client” means any person who seeks, on his own or others’ initiative, and can benefit from , care, treatment and training in any facility [.] , or from treatment to competency in any facility.

      Sec. 8.  NRS 433.538 is hereby amended to read as follows:

      433.538  As used in NRS 433.538 to 433.543, inclusive, unless the context otherwise requires:

      1.  “Administrative officer” means a person with overall executive and administrative responsibility for a division facility.

      2.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from , care, treatment , treatment to competency or training in a division facility.

      3.  “Division facility” means any unit or subunit operated by:

      (a) The Division of Mental Health and Developmental Services of the Department for the care, treatment and training of clients; or

      (b) The Division of Child and Family Services of the Department pursuant to NRS 433B.010 to 433B.350, inclusive.

      Sec. 9.  NRS 433A.014 is hereby amended to read as follows:

      433A.014  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from , care, treatment , treatment to competency or training provided by the Division.


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      Sec. 10.  NRS 433A.150 is hereby amended to read as follows:

      433A.150  1.  Any person alleged to be a mentally ill person may, upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment.

      2.  Except as otherwise provided in subsection 3, a person [admitted to a mental health facility or hospital under] detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, [from the time of his admission] after the examination required by paragraph (a) of subsection 1 of NRS 433A.165 has been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165 unless within that period a written petition for an involuntary court‑ordered admission is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A. 210, or the status of the person is changed to a voluntary admission.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 11.  NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, [he] the person must:

      (a) First be examined by a licensed physician or physician assistant or an advanced practitioner of nursing to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

      (b) If such treatment is required, be admitted to a hospital for the appropriate medical care.

      2.  The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with:

      (a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and

      (b) The provisions of NRS 439B.410.

      3.  The cost of the examination must be paid by the county in which the allegedly mentally ill person resides if services are provided at a county hospital located in that county or a hospital designated by that county, unless the cost is voluntarily paid by the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.

      [3.] 4.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.


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      [4.] 5.  The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.

      Sec. 12.  NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the client’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.

      (b) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      (c) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. §§ 10801 et seq.) when the Administrator deems it necessary for the proper care of the client.

      (d) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.

      (e) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.

      (f) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:

             (1) The client is a client of that office and he or his legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:

                   (I) Is unable to authorize the release of the record because of his mental or physical condition; and

                   (II) Does not have a guardian or other legal representative or is a ward of the state.

      (g) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.

      2.  As used in this section, “client” includes any person who seeks, on his own or others’ initiative, and can benefit from , care, treatment and training in a private institution or facility offering mental health services [.] , or from treatment to competency in a private institution or facility offering mental health services.

      Sec. 13.  Chapter 176A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Mental retardation” has the meaning ascribed to it in NRS 433.174.


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      Sec. 14.  NRS 176A.010 is hereby amended to read as follows:

      176A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 176A.020 to 176A.080, inclusive, and section 13 of this act have the meanings ascribed to them in those sections.

      Sec. 15.  NRS 176A.045 is hereby amended to read as follows:

      176A.045  “Mental illness” [means an organic disorder of the brain or a clinically significant disorder of thought, mood, perception, orientation, memory or behavior which is listed in the most recent edition of the clinical manual of the International Classification of Diseases, ICD-9-CM, code range 290 to 302.99, inclusive, or 306 to 316, inclusive, or the corresponding code in the most recent edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, DSM-MD, Axes I, II or III, and which seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment and recreation.] has the meaning ascribed to it in NRS 433.164.

      Sec. 16.  NRS 176A.250 is hereby amended to read as follows:

      176A.250  A court may establish an appropriate program for the treatment of mental illness or mental retardation to which it may assign a defendant pursuant to NRS 176A.260. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

      Sec. 17.  NRS 176A.255 is hereby amended to read as follows:

      176A.255  1.  A justice’s court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.

      2.  As used in this section, “eligible defendant” means a person who:

      (a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty of, an offense that is a misdemeanor;

      (b) Appears to suffer from mental illness [;] or to be mentally retarded; and

      (c) Would benefit from assignment to a program established pursuant to NRS 176A.250.

      Sec. 18.  NRS 176A.260 is hereby amended to read as follows:

      176A.260  1.  Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness or is mentally retarded tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this state or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.

      3.  Upon violation of a term or condition:


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ê2003 Statutes of Nevada, Page 1947 (Chapter 349, SB 179)ê

 

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose.

      Sec. 19.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 178.400 to 178.460, inclusive, unless the context otherwise requires, “treatment to competency” means treatment provided to a defendant to attempt to cause him to attain competency to stand trial or receive pronouncement of judgment.

      Sec. 20.  NRS 178.415 is hereby amended to read as follows:

      178.415  1.  Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, or other person who is especially qualified by the Division of Mental Health and Developmental Services of the Department of Human Resources, to examine the defendant.

      2.  At a hearing in open court, the judge shall receive the report of the examination and shall permit counsel for both sides to examine the person or persons appointed to examine the defendant. The prosecuting attorney and the defendant may [introduce] :

      (a) Introduce other evidence including, without limitation, evidence related to treatment to competency and the possibility of ordering the involuntary administration of medication; and [cross-examine]

      (b) Cross-examine one another’s witnesses.

      3.  The court shall then make and enter its finding of competence or incompetence.

      Sec. 21.  NRS 178.425 is hereby amended to read as follows:

      178.425  1.  If the court finds the defendant incompetent, and that he is dangerous to himself or to society [or] and that commitment is required for a determination of his ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey [him] the defendant forthwith, together with a copy of the complaint, the commitment and the physicians’ certificate, if any, into the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee for detention and treatment at a secure facility operated by that Division.


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ê2003 Statutes of Nevada, Page 1948 (Chapter 349, SB 179)ê

 

facility operated by that Division. The order may include the involuntary administration of medication if appropriate for treatment to competency.

      2.  The defendant must be held in such custody until a court orders his release or until he is returned for trial or judgment as provided in NRS 178.450 [to 178.460, inclusive.] , 178.455 and 178.460.

      3.  If the court finds the defendant incompetent but not dangerous to himself or to society, and finds that commitment is not required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the defendant to report to the Administrator or his designee as an outpatient for treatment, if it might be beneficial, and for a determination of his ability to receive treatment to competency and to attain competence. The court may require the defendant to give bail for his periodic appearances before the Administrator or his designee.

      4.  Except as otherwise provided in subsection 5, proceedings against the defendant must be suspended until the Administrator or his designee or, if the defendant is charged with a misdemeanor, the judge finds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.400.

      5.  Whenever the defendant has been found incompetent, with no substantial probability of attaining competency in the foreseeable future, and released from custody or from obligations as an outpatient pursuant to paragraph (d) of subsection 4 of NRS 178.460, the proceedings against the defendant which were suspended must be dismissed. No new charge arising out of the same circumstances may be brought after a period, equal to the maximum time allowed by law for commencing a criminal action for the crime with which the defendant was charged, has lapsed since the date of the alleged offense.

      Sec. 22.  NRS 178.450 is hereby amended to read as follows:

      178.450  1.  The Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to him as an outpatient under those sections evaluated periodically.

      2.  The Administrator or his designee shall report in writing to a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether, in his opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against him and, by reason thereof, is able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The Administrator or his designee shall submit such a report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial report must be submitted within 6 months after the order and at 6-month intervals thereafter. If the opinion of the Administrator or his designee about the defendant is that he is not of sufficient mentality to understand the nature of the charge against him and assist in his own defense, the Administrator or his designee shall also include in the report his opinion whether:


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ê2003 Statutes of Nevada, Page 1949 (Chapter 349, SB 179)ê

 

defense, the Administrator or his designee shall also include in the report his opinion whether:

      (a) There is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

      (b) The defendant is at that time a danger to himself or to society.

      3.  The report must contain:

      (a) The name of the defendant and the county or city to which he may be returned for further court action.

      (b) The circumstances under which he was committed to the custody of the Administrator or his designee and the duration of his hospitalization, or the circumstances under which he was ordered to report to the Administrator or his designee as an outpatient.

      Sec. 23.  NRS 178.455 is hereby amended to read as follows:

      178.455  1.  Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist and not a member of the treatment team. Upon the completion of the evaluation and treatment of the defendant, the Administrator or his designee shall report to the court in writing his specific findings and opinion upon:

      (a) Whether the person is of sufficient mentality to understand the nature of the offense charged;

      (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and

      (c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he can receive treatment to competency and will attain competency in the foreseeable future.

      2.  A copy of the report must be:

      (a) Maintained by the Administrator of the Division of Mental Health and Developmental Services or his designee and incorporated in the medical record of the person; and

      (b) Sent to the office of the district attorney and to the counsel for the outpatient or person committed.

      3.  In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of the Division of Mental Health and Developmental Services or his designee:

      (a) Send a copy of the report by the Administrator or his designee to the prosecuting attorney and to the defendant’s counsel;

      (b) Hold a hearing, if one is requested within 10 days after the report is sent pursuant to paragraph (a), at which the attorneys may examine the Administrator or his designee or the members of the defendant’s treatment team on the determination of the report; and

      (c) Within 10 days after the hearing, if any, or 20 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.


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ê2003 Statutes of Nevada, Page 1950 (Chapter 349, SB 179)ê

 

      Sec. 24.  NRS 178.460 is hereby amended to read as follows:

      178.460  1.  If requested by the district attorney or counsel for the defendant within 10 days after the report by the Administrator or his designee is sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the treatment team on their report.

      2.  If the judge orders the appointment of a licensed psychiatrist or psychologist who is not employed by the Division of Mental Health and Developmental Services of the Department of Human Resources to perform an additional evaluation and report concerning the defendant, the cost of the additional evaluation and report is a charge against the county.

      3.  Within 10 days after the hearing or 20 days after the report is sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:

      (a) Whether there is substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

      (b) Whether the defendant is at that time a danger to himself or to society.

      4.  If the judge finds the defendant:

      (a) Competent, the judge shall, within 10 days, forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and prearrange with the facility for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be.

      (b) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, the judge shall recommit the defendant [.] and may order the involuntary administration of medication for the purpose of treatment to competency.

      (c) Incompetent, but there is a substantial probability that he can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, the judge shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.

      (d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, the judge shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.

      5.  No person who is committed under the provisions of this chapter may be held in the custody of the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee longer than the longest period of incarceration provided for the crime or crimes with which he is charged. Upon expiration of the period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.


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ê2003 Statutes of Nevada, Page 1951 (Chapter 349, SB 179)ê

 

the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.

      Sec. 25.  This act becomes effective upon passage and approval.

________

 

CHAPTER 350, SB 112

Senate Bill No. 112–Committee on Government Affairs

 

CHAPTER 350

 

AN ACT relating to the Secretary of State; revising the date on which a record is deemed to be filed with the Secretary of State; revising the fees charged for certain services provided by the Secretary of State; requiring the Secretary of State to adopt certain regulations; requiring the Secretary of State to post a schedule of certain fees; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 225.085 is hereby amended to read as follows:

      225.085  [A]

      1.  Except as otherwise provided by specific statute, a record shall be deemed to be filed with the Secretary of State [if] when it is placed in the care, custody and control of the Office of the Secretary of State [. Such a] and the Secretary of State determines that the record:

      (a) Is accompanied by the appropriate filing fee, if applicable; and

      (b) Meets all other applicable requirements for filing.

      2.  A record that is filed with the Secretary of State may be disposed of only in accordance with a schedule for retention and disposition approved by the Committee to Approve Schedules for the Retention and Disposition of Official State Records pursuant to procedures set forth in NRS 239.080.

      3.  The Secretary of State shall adopt regulations to define “care, custody and control” for the purposes of subsection 1.

      Sec. 2.  NRS 225.140 is hereby amended to read as follows:

      225.140  1.  Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the Secretary of State shall charge and collect the following fees:

 

[For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to title 24 of NRS, per page     $1.00

For a copy of any document required to be filed pursuant to title 24 of NRS, per page             .50]


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ê2003 Statutes of Nevada, Page 1952 (Chapter 350, SB 112)ê

 

For certifying to [any such] a copy of any law, joint resolution, transcript of record or other paper on file or of record with the Secretary of State, including, but not limited to, a document required to be filed pursuant to title 24 of NRS, and use of the state seal, for each impression [10.00] $20.00

For each passport or other document signed by the Governor and attested by the Secretary of State 10.00

[For a negotiable instrument returned unpaid................................. 10.00]

 

      2.  The Secretary of State:

      (a) Shall charge a reasonable fee for searching records and documents kept in his office [.] , including, but not limited to, records and documents that are stored on a computer database.

      (b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.

      (c) May not charge or collect a filing or other fee for:

             (1) Attesting extradition papers or executive warrants for other states.

             (2) Any commission or appointment issued or made by the Governor, either for the use of the state seal or otherwise.

      (d) May charge a reasonable fee, not to exceed:

             (1) Five hundred dollars, for providing service within 2 hours after the time the service is requested; and

             (2) One hundred dollars, for providing any other special service, including, but not limited to, providing service more than 2 hours but within 24 hours after the time the service is requested, accepting documents filed by facsimile machine and other use of new technology.

      (e) Shall charge [a fee, not to exceed the actual cost to the Secretary of State, for providing :

             (1) A copy of any record kept in his office that is stored on a computer or on microfilm if the copy is provided on a tape, disc or other medium used for the storage of information by a computer or on duplicate film.

             (2) Access to his computer database on which records are stored.] a person, for each check or other negotiable instrument returned to the Office of the Secretary of State because the person had insufficient money or credit with the drawee to pay the check or other instrument or because the person stopped payment on the check or other instrument:

             (1) A fee of $25; and

             (2) If the check or other instrument that was returned had been presented for the payment of a filing fee for more than one entity, an additional fee in an amount equal to the actual cost incurred by the Office of the Secretary of State to perform the following actions as a result of the returned check or instrument:

                   (I) Reversing the status of the entities in the records of the Office of the Secretary of State; and

                   (II) Recouping any fees charged for services rendered by the Office of the Secretary of State to the entities, including, without limitation, fees charged for providing service pursuant to paragraph (d), providing copies or issuing certificates.


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ê2003 Statutes of Nevada, Page 1953 (Chapter 350, SB 112)ê

 

The Secretary of State shall, by regulation, establish procedures for the imposition of the fees authorized by this paragraph and the manner in which a fee authorized by subparagraph (2) will be calculated.

      3.  From each fee collected pursuant to paragraph (d) of subsection 2:

      (a) The entire amount or $50, whichever is less, of the fee collected pursuant to subparagraph (1) of that paragraph and [half] one-half of the fee collected pursuant to subparagraph (2) of that paragraph must be deposited with the State Treasurer for credit to the Account for Special Services of the Secretary of State in the State General Fund. Any amount remaining in the Account at the end of a fiscal year in excess of $2,000,000 must be transferred to the State General Fund. Money in the Account may be transferred to the Secretary of State’s operating general fund budget account and must only be used to create and maintain the capability of the Office of the Secretary of State to provide special services, including, but not limited to, providing service:

             (1) On the day it is requested or within 24 hours; or

             (2) Necessary to increase or maintain the efficiency of the Office.

Any transfer of money from the Account for expenditure by the Secretary of State must be approved by the Interim Finance Committee.

      (b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the State Treasurer for credit to the State General Fund.

      4.  The Secretary of State shall post a schedule of the fees authorized to be charged pursuant to this section in a conspicuous place at each office at which such fees are collected.

      Sec. 3.  NRS 238.100 is hereby amended to read as follows:

      238.100  1.  Except as provided in subsections 2 and 4, or by specific statute, any document or payment required or permitted by law or regulation to be filed or made by mailing to the State or any of its agencies or political subdivisions shall be deemed filed or made on the date of the postmark dated by the post office on the envelope in which it was mailed.

      2.  If a document or payment was mailed but not received by the addressee or was received but the postmarked date is illegible or omitted, the document or payment shall be deemed filed or made on the date it was mailed, if the sender:

      (a) Establishes by a postal receipt for registered or certified mail that the mailing date was on or before the required date for filing or payment; and

      (b) Where the document or payment was not received, files a duplicate of the contents of the envelope within 15 days after he becomes aware that it was not received.

      3.  For the purposes of this section, if the required date for filing or making payment is a Saturday, Sunday or legal holiday, the filing or payment is timely if performed on the next day which is not a Saturday, Sunday or legal holiday.

      4.  This section does not apply to the filing of documents [under] pursuant to NRS 225.085 or title 24 of NRS.

      Sec. 4.  This act becomes effective on July 1, 2003.

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ê2003 Statutes of Nevada, Page 1954ê

 

CHAPTER 351, SB 328

Senate Bill No. 328–Senator Amodei

 

CHAPTER 351

 

AN ACT relating to regional development; providing for the establishment of regional development districts; designating the Western Nevada Development District as such a district; and providing other matters properly relating thereto.

 

[Approved: June 9, 2003]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  1.  The Legislature hereby finds that:

      (a) Problems of development in urban and rural regions of the State so transcend the boundary lines of governmental units that no single unit can plan for their solution without affecting other units in the region;

      (b) Coordination of multijurisdictional activities is essential to the development and implementation of effective policies and programs; and

      (c) Intergovernmental cooperation is an effective means of pooling the resources of local government to approach common problems and opportunities to make the most effective use of local, state, federal and private programs in serving the citizens of such urban and rural regions.

      2.  It is the purpose of sections 2 to 20, inclusive, of this act to authorize the establishment of regional development districts to work with and on behalf of governmental units to develop plans or implement programs to address economic, social, physical and governmental concerns of each region of the State.

      3.  A regional development district shall, as directed by its board, serve as a regional resource center and shall provide planning, community and economic development, and technical assistance to local governments that are members of the district and may provide assistance to industrial development organizations, tourism promotion organizations, community development groups and similar organizations upon request.

      Sec. 3.  For the purposes of sections 2 to 20, inclusive, of this act, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Board” means the board of directors of a regional development district.

      Sec. 5.  “Development region” or “region” means two or more contiguous counties whose boundaries constitute the geographic area of a regional development district.

      Sec. 6.  “Governmental unit” means a county, city, town or other political subdivision of the State.

      Sec. 7.  “Regional development district” or “district” means a district created pursuant to sections 2 to 20, inclusive, of this act.

      Sec. 8.  “Subregional” means pertaining to a portion of a development region.


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ê2003 Statutes of Nevada, Page 1955 (Chapter 351, SB 328)ê

 

      Sec. 9.  1.  Any combination of counties and cities representing a majority of the population of the region for which a district is proposed may petition the Governor by formal resolution setting forth their desire to establish and the need for the establishment of a regional development district. The proposed district must consist of two or more contiguous counties. For the purposes of this subsection, the population of a county does not include the population of a city within the county.

      2.  Within 60 days after the receipt of a petition that satisfies the requirements of subsection 1, the Governor shall establish a regional development district and shall notify all governmental units within the region for which the district is proposed.

      3.  Within 60 days after the establishment of a regional development district by the Governor, each county and city in the development region, except the counties and cities that petitioned the Governor for formation of the district, may meet to determine whether to become members of the district. The counties and cities that petitioned for the formation of the district and those that elect pursuant to this subsection to become members shall each appoint one member of their governing bodies to organize the district pursuant to section 10 of this act.

      Sec. 10.  1.  The initial governing body of a regional development district consists of the representatives of the counties and cities appointed pursuant to section 9 of this act. The initial governing body shall meet to determine the composition of the board of directors of the district. The board must include:

      (a) At least one representative of each county and city that has elected to be a member of the district;

      (b) At least one member from each economic development authority in the development region that is recognized by the Executive Director of the Commission on Economic Development;

      (c) At least one member appointed by the native American tribal councils located in the region; and

      (d) Representatives of the general public in the development region representing broad public interests within the region and a diversity of membership based on factors such as age, gender and race.

At least 51 percent of the members of the board must be elected officers who represent counties and cities in the region.

      2.  After the initial governing body has established a board, the board shall meet to adopt bylaws setting forth its procedures and governing its operations. The bylaws must provide for the terms of office and method of selection of members of the board, and must establish a name for the organization.

      3.  The board shall annually establish an operating budget, the amount of dues that must be paid by members of the district and a schedule for payment of the dues.

      4.  Membership in a regional development district is voluntary. Each county and city within the development region shall determine annually whether to remain or become a member of the regional development district. If a county or city determines to become a member of the district, it shall pay the dues established pursuant to subsection 3. A county or city that is not a member of the district is not entitled to be represented on the board.


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ê2003 Statutes of Nevada, Page 1956 (Chapter 351, SB 328)ê

 

      Sec. 11.  1.  The chairman of the board must be a person experienced in the field of government affairs. The chairman shall preside at the meetings of the board and is responsible for management of the board. The chairman must be elected from the membership of the board according to procedures established in its bylaws.

      2.  The board shall elect a secretary and such other officers as it deems necessary for the conduct of its affairs. Times and places of regular and special meetings must be fixed by the district and may be provided in the bylaws. The board may establish committees, divisions, departments and bureaus, and may employ such staff as is necessary to carry out its duties. Officers and employees of the district serve at the pleasure of the board.

      3.  The board shall appoint an executive director to serve as the chief administrative officer of the district. The executive director is responsible for carrying out all policy decisions of the board, and must be selected on the basis of training and experience in the field of government affairs.

      4.  The board may adopt a personnel system for its officers and employees, including terms and conditions for employment, compensation, classification, benefits, the filing of fidelity bonds and such other policies of insurance as it deems advisable. The district shall pay the premiums for any such insurance. The employees of the district are public employees within the meaning of chapters 281, 286 and 287 of NRS.

      5.  The board shall direct that independent audits be conducted of the district as required pursuant to state or federal law or as the board deems necessary or appropriate.

      6.  The board may contract for the services of consultants to perform engineering, legal or other services of a professional nature for peak workloads, continuing advice on program direction, and for specialized and technical services.

      Sec. 12.  1.  A district has and may exercise all powers which are necessary or convenient to enable it to perform and carry out the duties and responsibilities of sections 2 to 20, inclusive, of this act.

      2.  A district may prepare and submit for adoption, after appropriate study and such public hearings as it deems necessary, comprehensive economic development strategies and other plans for governmental units, individually or collectively within the region. Plans may consist of policy statements, goals, standards, programs and maps prescribing guides for orderly development within the jurisdiction subject to the plan. The plans must recognize and incorporate planning principles which encompass physical, social or economic needs of the region. In preparing development plans, the district shall use, to the maximum extent feasible, the resources, studies and data available from other planning agencies within the region, including counties, cities, special districts and subregional planning agencies, and the resources of state agencies.

      3.  The creation of a regional development district does not affect the right of counties or cities to conduct local or subregional planning. It is the purpose of sections 2 to 20, inclusive, of this act to encourage local and subregional planning. A regional development district shall, as far as is practicable, use the data, resources and input of local planning agencies.

      Sec. 13.  1.  A governmental unit may request that a regional development district review, comment and provide advisory recommendations on local plans or development proposals.


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ê2003 Statutes of Nevada, Page 1957 (Chapter 351, SB 328)ê

 

      2.  A district may provide basic administrative, research and planning services for other regional bodies within the boundaries of the development district assisted by Federal or State Government. Development districts may contract to obtain from or to perform services for state agencies, for profit or nonprofit entities, for subdistricts organized as the result of federal or state programs, and with local governments.

      3.  A regional development district may be designated as a regional data center providing data collection, storage, analysis and dissemination to be used by it and other governmental and private users, and may establish fees to provide this service.

      4.  A regional development district may study the feasibility of programs relating to water, land use, economic development, housing, demographics, cultural issues, governmental issues, human services, natural resources, communication, technology, transportation and other subjects of concern to the citizens of the region. A district may institute demonstration projects in connection with such studies, and may enter into contracts for such purposes as otherwise authorized in sections 2 to 20, inclusive, of this act.

      5.  Upon approval of the appropriate authority from local, state and federal government agencies, a regional development district may be deemed a general purpose unit of government to receive funds and operate programs on a regional or subregional basis.

      6.  A regional development district may buy, lease, acquire, own, hold, improve, and use real or personal property or an interest in property, wherever located in the State, for purposes of housing the administrative office of the district and for such other purposes as may be authorized, required or deemed necessary by the board.

      7.  A regional development district may sell, convey, mortgage, create a security interest in, lease, exchange, transfer, or dispose of all or part of its real or personal property or an interest in property, wherever located in the State.

      8.  A regional development district may contract with governmental units to provide them with services and technical assistance in the conduct of local planning and development activities.

      Sec. 14.  1.  A regional development district may establish a nonprofit corporation for any purpose for which the district is authorized to act pursuant to sections 2 to 20, inclusive, of this act, including increasing the supply of affordable housing and improving opportunities for home ownership in a development region. A nonprofit corporation formed pursuant to this section may, among other things, acquire land and buildings, accept private, state and federal grant and loan funds, construct and rehabilitate housing units, and buy, sell or manage housing within the boundaries of the development district.

      2.  A regional development district may receive and administer private, state and federal affordable housing funds to increase the supply of affordable housing and to improve opportunities for home ownership within the boundaries of the district. The creation of a regional development district does not affect the right of a county or city to receive and administer affordable housing funds or to develop and implement subregional affordable housing programs.

      Sec. 15.  1.  A county may request modification of regional boundaries and assignment to a development region other than that to which it is assigned, or may request to be added to an existing region if the county is not included within any region.


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ê2003 Statutes of Nevada, Page 1958 (Chapter 351, SB 328)ê

 

which it is assigned, or may request to be added to an existing region if the county is not included within any region.

      2.  A county may not be assigned to a development region unless the county is contiguous to the region.

      3.  Except as otherwise provided in subsection 4, a county may not be added to a development region unless the request for reassignment or addition is approved by the board of the district to which the county would be added and, if the request is for reassignment, the board of the district from which the county is moving.

      4.  A county that has been denied approval to be added to a region may appeal the decision to the Governor. The determination of the Governor concerning the assignment of a county to a region is final.

      Sec. 16.  1.  On or before June 1 of each year, a regional development district shall prepare a report for the governmental units and the public within the region, the Legislature and the Governor. The report must include:

      (a) A statement of the district’s receipts and expenditures by category since the preceding report;

      (b) A detailed budget for the year in which the report is filed and a tentative budget for the following year, including an outline of its program for that period;

      (c) A description of any plan adopted in whole or in part for the region;

      (d) Summaries of any studies and the recommendations resulting therefrom made for the region;

      (e) A summary of significant accomplishments;

      (f) A listing of plans of governmental units submitted to the district pursuant to section 13 of this act, and actions taken in relationship thereto;

      (g) Recommendations of the district regarding federal and state programs, cooperation, funding and legislative needs; and

      (h) A summary of any audit report made during the previous fiscal year relative to the district.

      2.  At least every 5 years, a regional development district shall review its activities and issue a report assessing its performance in fulfilling the purposes of sections 2 to 20, inclusive, of this act. The report must address whether the existence of the district is in the public welfare and interest.

      Sec. 17.  A regional development district may appoint advisory committees of interested and affected citizens and elected officers to assist in the review of plans, programs and other matters referred for review by the district. Whenever a special advisory committee is required by any federal or state regional program, the district shall, as far as is practicable, appoint such committees as advisory groups to the district. Members of the advisory committees serve without compensation, but may be reimbursed for their reasonable expenses as determined by the board.

      Sec. 18.  1.  All state departments and agencies shall cooperate with regional development districts established under sections 2 to 20, inclusive, of this act, and shall make available to them studies, reports, data, and other informational and technical assistance within financial and personnel limitations.


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ê2003 Statutes of Nevada, Page 1959 (Chapter 351, SB 328)ê

 

      2.  The Governor shall, to the maximum extent possible, develop working agreements with state and federal departments and agencies to ensure conformance with established development regions and to avoid unnecessary duplication of services.

      Sec. 19.  1.  The Governor shall designate a state agency to be responsible for making grants to regional development districts created under sections 2 to 20, inclusive, of this act from appropriations made available for this purpose. Financial assistance provided from the State General Fund must be distributed in the following manner:

      (a) Fifty percent of the total amount allocated must be divided equally among the regional development districts.

      (b) Twenty percent of the total amount allocated must be divided among the regional development districts in the proportion that the population of a district bears to the population of all districts in the State.

      (c) Thirty percent of the total amount allocated must be divided among the regional development districts in the proportion that the total population of the counties and cities who are members of a district bears to the total population of all cities and counties that are members of all districts in the State. For purposes of this subsection, the population of a county does not include the population of a city within the county.

      2.  Financial assistance to previously established districts must not be reduced during a biennium to allocate money to a newly created regional development district.

      3.  A regional development district may accept gifts, apply for and use grants or loans of money or other property from the United States, the State, or any person, local governmental body or other entity for any purpose authorized pursuant to sections 2 to 20, inclusive, of this act, and may enter into agreements required in connection therewith and may hold, use, and dispose of such money or property in accordance with the terms of the gift, grant, loan, agreement or contract relating thereto. For purposes of receipt of state and federal funds for community or economic development, regional districts shall be deemed to be general purpose units of government and instrumentalities of the State.

      4.  A regional development district shall, from time to time, designate one or more official depositories for money of the district. The designation must be in writing and must set forth all the terms and conditions upon which the deposits are made, and must be signed by the chairman and secretary, and made a part of the official minutes of the board.

      Sec. 20.  For the purposes of sections 2 to 20, inclusive, of this act, the population of a county or city is the population certified by the Governor pursuant to NRS 360.285.

      Sec. 21.  1.  The Western Nevada Development District is hereby designated a regional development district for the development region for the purposes of sections 2 to 20, inclusive, of this act, comprised of Carson City and Churchill, Douglas, Lyon, Mineral, Pershing and Storey Counties.

      2.  The Western Nevada Development District is entitled to receive and administer private, state and federal affordable housing funds to increase the supply of affordable housing and to improve opportunities for home ownership within the boundaries of the district pursuant to section 14 of this act.

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