Link to Page 898

 

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

ê2005 Statutes of Nevada, Page 899 (Chapter 241, SB 4)ê

 

      (b) The per diem allowances and travel expenses of members of the Commission authorized pursuant to subsection 4.

      Sec. 2.  NRS 233C.225 is hereby amendedb to read as follows:

      233C.225  1.  The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to NRS 233C.200 to 233C.230, inclusive. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount. In no case may the amount to be granted from the proceeds of such bonds exceed [$2,000,000] $3,000,000 per year.

      2.  After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted by the Commission from the proceeds of bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. No public debt is created, within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The amount of financial assistance granted from the proceeds of bonds issued pursuant to this section must not exceed [$20,000,000] $30,000,000 in any 10-year period. The total face amount of the bonds issued pursuant to this section must not exceed the sum of:

      (a) The amount of financial assistance granted pursuant to this section; and

      (b) The amount necessary to pay the expenses related to the issuance of the bonds, which must not exceed 2 percent of the face amount of the bonds sold.

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

________

 

CHAPTER 242, SB 452

Senate Bill No. 452–Committee on Judiciary

 

CHAPTER 242

 

AN ACT relating to the Central Repository for Nevada Records of Criminal History; requiring the Director of the Department of Public Safety to establish within the Department the Advisory Committee on Nevada Criminal Justice Information Sharing; prescribing the duties of the Advisory Committee; removing the requirement for the establishment of an Advisory Committee on the Uniform Program for Reporting Crimes; making various other changes concerning the Central Repository; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 


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

ê2005 Statutes of Nevada, Page 900 (Chapter 242, SB 452)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director of the Department shall establish within the Department the Advisory Committee on Nevada Criminal Justice Information Sharing.

      2.  The Advisory Committee consists of:

      (a) The Director of the Department or his designee;

      (b) The Attorney General or his designee;

      (c) The Director of the Department of Corrections or his designee;

      (d) One member who is a representative of the Judicial Branch of State Government, appointed by the Chief Justice of the Supreme Court;

      (e) One member appointed by the Nevada Sheriffs and Chiefs Association, or a successor organization;

      (f) One member appointed by the Nevada District Attorneys Association, or a successor organization;

      (g) One member appointed by the Director of the Department who uses the Central Repository to obtain information relating to records of criminal history for purposes other than criminal justice, which may include, without limitation, for purposes of determining eligibility of persons for employment or licensure;

      (h) One member of the Senate appointed by the Majority Leader of the Senate; and

      (i) One member of the Assembly appointed by the Speaker of the Assembly.

      3.  The Advisory Committee shall:

      (a) Recommend policies and procedures that apply the best management practices to the activities at the Central Repository;

      (b) Advise on technological support for the Central Repository; and

      (c) Advise on the integrated information sharing of statistical data relating to crime or the delinquency of children.

      4.  Each member that is appointed to the Advisory Committee pursuant to subsection 2, other than a member of the Senate or the Assembly, shall serve a term of 3 years. A member of the Senate and the Assembly appointed to the Advisory Committee shall serve until a replacement is appointed. Any vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      5.  The Advisory Committee shall meet twice annually.

      6.  The Director may assign such other employees of the Department as he deems necessary to assist the Advisory Committee in its duties.

      7.  Members of the Advisory Committee serve without compensation. If sufficient money is available, members are entitled to travel allowances provided for state officers and employees generally while attending meetings of the Advisory Committee.

      Sec. 2.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the [Nevada Highway Patrol Division of the] Department.

 


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

ê2005 Statutes of Nevada, Page 901 (Chapter 242, SB 452)ê

 

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner [recommended by the Advisory Committee and] approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the [Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:] Department:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the [Division. The Division] Department. The Department shall delete all references in the Central Repository relating to that particular arrest.

      4.  The [Division] Department shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The [Division] Department may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

 


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

ê2005 Statutes of Nevada, Page 902 (Chapter 242, SB 452)ê

 

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

             (4) For whom such information is required to be obtained pursuant to NRS 449.179.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for a license;

             (2) Has applied to a county school district or a private school for employment; or

             (3) Is employed by a county school district or a private school,

Ê and notify the superintendent of each county school district and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district or the administrator of each private school, as appropriate, by providing the superintendent or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year.

 


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

ê2005 Statutes of Nevada, Page 903 (Chapter 242, SB 452)ê

 

received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are [recommended by the Advisory Committee and] approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau, for submission to the Legislature, or the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) [At the recommendation of the Advisory Committee and in] In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) [“Advisory Committee” means the Committee established by the Director of the Department pursuant to NRS 179A.078.

      (b)] “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      [(c)] (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 3.  NRS 179A.078 is hereby amended to read as follows:

      179A.078  [1.]  The Director of the Department shall establish within the Central Repository a Uniform Program for Reporting Crimes that is designed to collect statistical data relating to crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to crime at a central location.

      [2.  To assist in establishing and carrying out the Program required by subsection 1, the Director shall establish an Advisory Committee consisting of eight members selected by the Director. The Committee must be composed of:

 


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

ê2005 Statutes of Nevada, Page 904 (Chapter 242, SB 452)ê

 

      (a) One member who represents an association of district judges in this State;

      (b) One member who represents an association of justices of the peace and judges of municipal courts in this State;

      (c) One member who represents an association of district attorneys in this State;

      (d) One member who represents a law enforcement agency located in a county whose population is less than 400,000;

      (e) One member who represents a law enforcement agency located in a county whose population is 400,000 or more;

      (f) One member who represents the Nevada Highway Patrol;

      (g) One member who represents the University and Community College System of Nevada and has knowledge of the criminal justice system; and

      (h) One member who represents the Office of Court Administrator.

      3.  The members of the Advisory Committee are not entitled to receive compensation while engaged in the business of the Advisory Committee.

      4.  A member who is selected to fill a vacancy must possess the same general qualifications as his predecessor in office.]

      Sec. 4.  1.  This section and sections 2 and 3 of this act become effective upon passage and approval.

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

________

 

CHAPTER 243, SB 146

Senate Bill No. 146–Committee on Natural Resources

 

CHAPTER 243

 

AN ACT relating to subsurface installations; requiring an operator of a subsurface installation to install under certain circumstances a permanent device which designates or provides a means of detecting the subsurface installation; requiring an operator who marks the approximate location of a subsurface installation to use the identifying criteria and colors for such markings which are set forth in the regulations of the Public Utilities Commission of Nevada; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 455 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An operator shall, for each subsurface installation that is installed on or after October 1, 2005, which cannot be detected from or above the surface of the ground by means of either the material used in constructing the subsurface installation or a conductor within the subsurface installation, install a permanent device which designates or provides a means of detecting a subsurface installation through the use of a noninvasive method from or above the surface of the ground. Such a device includes, without limitation, a tracer wire or a marker.

 


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

ê2005 Statutes of Nevada, Page 905 (Chapter 243, SB 146)ê

 

      2.  As used in this section:

      (a) “Above ground marker” is a marker which is installed flush with the surface of the ground or which protrudes above the surface of the ground above a subsurface installation and includes information concerning the subsurface installation.

      (b) “Electronic marker” is a marker which is buried at various depths below or near the surface of the ground above a subsurface installation and which contains a passive antenna that:

             (1) Can be identified with detection equipment; and

             (2) Does not require an internal power source.

      (c) “Marker” is a device that physically designates the location of a subsurface installation at intermittent locations along or above the subsurface installation and includes, without limitation, an above ground marker or electronic marker.

      (d) “Tracer wire” is a locating wire which is installed in conjunction with a subsurface installation and is connected to a transmitter that carries a signal which is read by a receiver above the surface of the ground for the detection of the location of the subsurface installation.

      Sec. 2.  NRS 455.040 is hereby amended to read as follows:

      455.040  1.  The notice served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in his place, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, and section 1 of this act, or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount required to abate the condition.

      2.  All proceedings had therein must be as prescribed by law in civil cases.

      3.  Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, and section 1 of this act which judgments and fines must be adjudged and collected as provided for by law.

      Sec. 3.  NRS 455.080 is hereby amended to read as follows:

      455.080  As used in NRS 455.080 to 455.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 455.107 is hereby amended to read as follows:

      455.107  1.  Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive [.] , and section 1 of this act.

      2.  A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, and section 1 of this act if he obtains the written consent of all operators involved in the proposed excavation or demolition before he receives a permit to conduct the excavation or demolition.

 


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

ê2005 Statutes of Nevada, Page 906 (Chapter 243, SB 146)ê

 

      Sec. 5.  NRS 455.110 is hereby amended to read as follows:

      455.110  1.  Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, except a subsurface installation owned or operated by the person conducting the excavation or demolition, unless he:

      (a) Notifies the appropriate association for operators pursuant to NRS 455.120, at least 2 working days but not more than 14 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the excavation or demolition, anticipated duration and type of excavation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.

      (b) Cooperates with the operator in locating and identifying its subsurface installation by:

             (1) Meeting with its representative as requested; and

             (2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excavation or demolition, the proposed area of the excavation or demolition.

      2.  A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action he has taken as soon as practicable.

      Sec. 6.  NRS 455.133 is hereby amended to read as follows:

      455.133  1.  An operator who marks the approximate location of a subsurface installation shall make a reasonable effort to make the markings in a manner that is consistent with the practice in the industry. The operator shall use the [following] identifying criteria and colors set forth in the regulations of the Public Utilities Commission of Nevada for the markings . [:

      1.  Safety red must be used for electrical power, distribution and transmission installations, conduit for traffic signals and street lights and municipal electric installations.

      2.  High visibility safety yellow must be used for gas distribution and transmission installations, oil distribution and transmission installations and installations containing or transporting dangerous materials, products or steam.

      3.  Safety alert orange must be used for telephone and telegraph installations, police and fire communication installations and cable television installations. The letter “F” in safety alert orange must be used for fiber optic communication lines.

      4.  Safety precaution blue must be used for water installations and slurry pipelines.

      5.  Safety green must be used for sewer installations.]

      2.  In adopting regulations setting forth the criteria and colors to be used pursuant to this section, the Public Utilities Commission of Nevada shall use nationally accepted standards for the identifying criteria and colors for marking subsurface installations.

 


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

ê2005 Statutes of Nevada, Page 907 (Chapter 243, SB 146)ê

 

      Sec. 7.  NRS 455.170 is hereby amended to read as follows:

      455.170  1.  An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, legal counsel for the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

      2.  Any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, and section 1 of this act is liable for a civil penalty:

      (a) Not to exceed $1,000 per day for each violation; and

      (b) Not to exceed $100,000 for any related series of violations within a calendar year.

      3.  Any person who negligently violates any such provision is liable for a civil penalty:

      (a) Not to exceed $200 per day for each violation; and

      (b) Not to exceed $1,000 for any related series of violations within a calendar year.

      4.  The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, an employee of the Public Utilities Commission of Nevada who is engaged in regulatory operations, a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.

      5.  In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, and section 1 of this act before and after notification of a violation; and

      (c) Any history of previous violations of those provisions by the person charged with the violation.

      6.  A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.

      7.  Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

________

 

CHAPTER 244, AB 93

Assembly Bill No. 93–Committee on Ways and Means

 

CHAPTER 244

 

AN ACT making a supplemental appropriation to the State Distributive School Account for unanticipated expenses for Fiscal Year 2004-2005 for providing health care subsidies to retired school district employees; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 


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

ê2005 Statutes of Nevada, Page 908 (Chapter 244, AB 93)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 189.28 of Chapter 5, Statutes of Nevada 2003, 20th Special Session, at page 244, is hereby amended to read as follows:

      Sec. 189.28.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account in the State General Fund created pursuant to NRS 387.030:

For the 2003-2004 Fiscal Year......................................................... $637,789,627

For the 2004-2005 Fiscal Year......................................................... $767,086,697

      2.  The money appropriated by subsection 1 must be:

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

      (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 Chief of the Budget Division of the Department of Administration.

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

      4.  The sums appropriated by subsection 1 are available for either fiscal year or may be transferred to Fiscal Year 2002-2003. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. If funds appropriated by subsection 1 are transferred to Fiscal Year 2002-2003, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2003-2004. Any amount transferred back to Fiscal Year 2003-2004 must not exceed the amount originally transferred to Fiscal Year 2002-2003.

      5.  Any remaining balance of the appropriation made by subsection 1 for the 2003-2004 Fiscal Year must be transferred and added to the money appropriated for the 2004-2005 Fiscal Year and may be expended as that money is expended.

      6.  Any remaining balance of the appropriation made by subsection 1 for the 2004-2005 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2005, and [reverts] must be reverted to the State General Fund [as soon as all payments of money committed have been made.] on or before September 16, 2005.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 in the State General Fund the sum of $7,912,640 for unanticipated expenses for Fiscal Year 2004-2005 for providing health care subsidies to retired school district employees. This appropriation is supplemental to that made by section 189.28 of chapter 5, Statutes of Nevada 2003, 20th Special Session, at page 244.

 


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

ê2005 Statutes of Nevada, Page 909 (Chapter 244, AB 93)ê

 

      2.  Any remaining balance of the supplemental appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and must be reverted to the State General Fund on or before September 16, 2005.

      Sec. 3.  The Department of Education shall, from the money appropriated pursuant to section 2 of this act, make an allocation to each school district in the proportion of its obligation to the total obligation for all school districts.

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

________

 

CHAPTER 245, AB 101

Assembly Bill No. 101–Committee on Ways and Means

 

CHAPTER 245

 

AN ACT making an appropriation to the Department of Administration for allocation to the Nevada Commission for National and Community Service to match federal funding for continuation of its programs dedicated to promoting citizen volunteerism; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Administration the sum of $365,000 for allocation to the Nevada Commission for National and Community Service to match federal funding for continuation of its programs dedicated to promoting citizen volunteerism.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Commission for National and Community Service agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Commission for National and Community Service through December 1, 2006; 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, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 

 


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ê2005 Statutes of Nevada, Page 910ê

 

CHAPTER 246, AB 532

Assembly Bill No. 532–Committee on Ways and Means

 

CHAPTER 246

 

AN ACT relating to technology; extending the date for the reversion of a portion of the appropriation made by the 2003 Legislature to the Department of Administration for the digital microwave project; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 30 of chapter 327, Statutes of Nevada 2003, at page 1836, is hereby amended to read as follows:

      Sec. 30.  1.  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

      2.  Any remaining balance of that portion of the appropriation made by subsection 1 to the Department of Administration for information technology projects which is designated for the digital microwave project must not be committed for expenditure after June 30, 2007, and must be reverted to the State Highway Fund on or before September 21, 2007.

 


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ê2005 Statutes of Nevada, Page 911 (Chapter 246, AB 532)ê

 

June 30, 2007, and must be reverted to the State Highway Fund on or before September 21, 2007.

      Sec. 2.  Section 48 of chapter 327, Statutes of Nevada 2003, at page 1840, is hereby amended to read as follows:

      Sec. 48.  1.  Except as otherwise provided in sections 30, 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. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 247, AB 533

Assembly Bill No. 533–Committee on Ways and Means

 

CHAPTER 247

 

AN ACT relating to technology; extending the date for the reversion of the appropriation made by 2003 Legislature for state radio systems; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 4 of chapter 446, Statutes of Nevada 2003, at page 2683, is hereby amended to read as follows:

       Sec. 4.  1.  The sums appropriated by section 1 of this act are available for either fiscal year.

       2.  Any remaining balance of the [sums] sum appropriated by subsection 1 of section 1 of this act must not be allocated by the Interim Finance Committee after June 30, [2005,] 2007, and reverts to the State Highway Fund [and to the State General Fund, respectively,] as soon as all payments of money committed have been made.

      3.  Any remaining balance of the sum appropriated by subsection 2 of section 1 of this act 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. 2.  This act becomes effective upon passage and approval.

________

 

CHAPTER 248, AB 103

Assembly Bill No. 103–Committee on Ways and Means

 

CHAPTER 248

 

AN ACT making an appropriation to the Department of Administration for allocation to the Nevada Rural Hospital Partners for establishment of a pool for loans for rural health care providers; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 912 (Chapter 248, AB 103)ê

 

a pool for loans for rural health care providers; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the State General Fund to the Department of Administration the sum of $1,000,000 for allocation to the Nevada Rural Hospital Partners for establishment of a pool for loans for rural health care providers.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Rural Hospital Partners agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15 of each even-numbered year that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Rural Hospital Partners through December 1 of that year; 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, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      3.  As used in this section, “rural” means any area in a county whose population is less than 100,000 and portions of other counties that are designated as such by the Nevada Office of Rural Health of the University of Nevada School of Medicine.

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

________

 

CHAPTER 249, AB 418

Assembly Bill No. 418–Committee on Growth and Infrastructure

 

CHAPTER 249

 

AN ACT relating to taxation; authorizing the Board of County Commissioners of Clark County to increase sales and use tax to employ and equip additional police officers for the Boulder City Police Department, Henderson Police Department, Las Vegas Metropolitan Police Department, Mesquite Police Department and North Las Vegas Police Department; and providing other matters properly relating thereto.

 

[Approved: June 3, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  This act may be cited as the Clark County Sales and Use Tax Act of 2005.

      Sec. 2.  The Legislature hereby finds and declares that:

 


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ê2005 Statutes of Nevada, Page 913 (Chapter 249, AB 418)ê

 

      1.  Nevada continues to be the fastest-growing state in the nation, with the overwhelming majority of this population growth occurring in Clark County, which adds 6,000 to 7,000 new residents each month;

      2.  The increase in the number of police officers to protect the residents of Clark County has not kept pace with the explosive growth in the numbers of these residents, so, while the nation as a whole averages 2.5 police officers for each 1,000 residents, the current ratio in Clark County is now only 1.7 police officers for each 1,000 residents;

      3.  The crime rate in Clark County is increasing, and so is the time it takes for police officers to respond when a resident reports a crime, while the very real threat of terrorism means that police now must assume added responsibilities for homeland security;

      4.  A majority of the voters in Clark County approved at the November 2, 2004, general election Advisory Question No. 9, indicating their support for an increase in the sales tax of up to one-half of 1 percent for the purpose of employing and equipping more police officers to protect the residents of Clark County;

      5.  It is intended that 80 percent of any additional police officers employed and equipped pursuant to this act be assigned to uniform operations for marked patrol units in the community and for the control of traffic;

      6.  It is further intended that each police department that receives proceeds from any sales and use tax imposed pursuant to this act establish a program that promotes community participation in protecting the residents of the community that includes, without limitation:

      (a) A written policy of the department that sets forth its position on providing law enforcement services oriented toward the involvement of residents of the community;

      (b) The provision of training for all police officers employed by the department that includes, without limitation, training related to:

             (1) Methods that may be used to analyze, respond to and solve problems commonly confronted by police officers in the community;

             (2) The cultural and racial diversity of the residents of the community;

             (3) The proper utilization of community resources, such as local housing authorities, public utilities and local public officials, that are available to assist in providing law enforcement services; and

             (4) Issues concerning not only the prevention of crime, but also concerning improving the quality of life for the residents of the community; and

      (c) The formation of partnerships with the residents of the community and public and private agencies and organizations to address mutual concerns related to the provision of law enforcement services;

      7.  A general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act because of the demographic, economic and geographic diversity of the local governments of this State, the unique growth patterns occurring in Clark County and the special financial conditions experienced in the County related to the need to employ and equip more police officers; and

      8.  The powers, rights, privileges, immunities, liabilities, duties and disabilities provided in this act comply in all respects with any requirement or limitation pertaining thereto and imposed by any constitutional provisions.

 


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ê2005 Statutes of Nevada, Page 914 (Chapter 249, AB 418)ê

 

      Sec. 3.  Except as otherwise provided in this act or unless the context otherwise requires, terms used or referred to in this act have the meanings ascribed to them in chapter 374 of NRS, as from time to time amended, but the definitions in sections 4 to 8, inclusive, of this act, unless the context otherwise requires, govern the construction of this act.

      Sec. 4.  “Act” means the Clark County Sales and Use Tax Act of 2005.

      Sec. 5.  “Board” means the Board of County Commissioners of Clark County.

      Sec. 6.  “County” means Clark County.

      Sec. 7.  “County Treasurer” means the County Treasurer of Clark County.

      Sec. 8.  “Department” means the Department of Taxation created pursuant to NRS 360.120.

      Sec. 9.  1.  The Board may enact an ordinance imposing a local sales and use tax to employ and equip additional police officers for the Boulder City Police Department, Henderson Police Department, Las Vegas Metropolitan Police Department, Mesquite Police Department and North Las Vegas Police Department.

      2.  Before enacting such an ordinance, the Board shall hold a public hearing to present its plan for implementing the local sales and use tax.

      3.  The proceeds from the tax authorized pursuant to this section, including interest and other income earned thereon, must be:

      (a) Allocated among the police departments within the County in the same ratio that the population served by each department bears to the total population of the County. As used in this paragraph, “population” means the estimated annual population determined pursuant to NRS 360.283.

      (b) Used only as approved pursuant to section 13 of this act and only for the purposes set forth in this section unless the Legislature changes the use. The Board shall, before submitting to the Legislature any request to change the uses for the proceeds from the tax, submit an advisory question to the voters of the County pursuant to NRS 293.482, asking whether the uses for the proceeds from the tax should be so changed. The Board shall not submit such a request to the Legislature if a majority of the voters in the County disapprove the proposed change.

      Sec. 10.  An ordinance enacted pursuant to this act must include provisions in substance as follows:

      1.  A provision imposing a tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail or stored, used or otherwise consumed in the County, including incorporated cities in the County, at a rate of:

      (a) One-quarter of 1 percent if the date on which the tax must first be imposed is on October 1, 2005; and

      (b) Up to an additional one-quarter of 1 percent if the date on which the increased rate must first be imposed is on or after October 1, 2009, and if the Legislature first approves the increased rate,

Ê the total rate not to exceed one-half of 1 percent.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that an amendment to chapter 374 of NRS enacted after the effective date of the ordinance, not inconsistent with this act, automatically becomes part of the ordinance imposing the tax.

 


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ê2005 Statutes of Nevada, Page 915 (Chapter 249, AB 418)ê

 

      4.  A provision that the Board shall contract with the Department, before the effective date of the ordinance, to perform all the functions incident to the administration or operation of the tax in the County.

      5.  A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in the County, including incorporated cities in the County, of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property:

      (a) That was entered into on or before the effective date of the tax; or

      (b) For which a binding bid was submitted before that date if the bid was afterward accepted, and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.

      6.  A provision that specifies the date on which the tax must first be imposed, which must not be earlier than the first day of the second calendar month following the effective date of the ordinance.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  An ordinance amending an ordinance enacted pursuant to this act, except an ordinance authorizing the issuance of bonds or other securities, must include a provision in substance that the Board shall amend a contract made pursuant to subsection 4 of section 10 of this act by a contract made between the Board and the Department before the effective date of the amendatory ordinance, unless the Board determines with the written concurrence of the Department that no such amendment of the contract is needed.

      Sec. 13.  1.  A police department shall not expend proceeds received from any sales and use tax imposed pursuant to this act unless the expenditure has been approved by the body designated pursuant to this section for the approval of expenditures of that police department. The body designated pursuant to this section must approve the expenditure of the proceeds by the police department if it determines that:

      (a) The proposed use of the money conforms to all provisions of this act; and

      (b) The proposed use will not replace or supplant existing funding for the police department.

      2.  The body designated to approve an expenditure for:

      (a) The Boulder City Police Department is the City Council of the City of Boulder City;

      (b) The Henderson Police Department is the City Council of the City of Henderson;

      (c) The Las Vegas Metropolitan Police Department is the Metropolitan Police Committee on Fiscal Affairs;

      (d) The Mesquite Police Department is the City Council of the City of Mesquite; and

      (e) The North Las Vegas Police Department is the City Council of the City of North Las Vegas.

      3.  In determining whether a proposed use meets the requirement set forth in paragraph (b) of subsection 1, a body designated pursuant to paragraph (a), (b), (d) or (e) of subsection 2, shall determine whether the amount approved for expenditure by the body for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act, is equal to or greater than the amount approved for expenditure in the immediately preceding fiscal year for the support of the police department.

 


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ê2005 Statutes of Nevada, Page 916 (Chapter 249, AB 418)ê

 

approved for expenditure in the immediately preceding fiscal year for the support of the police department.

      4.  In determining whether a proposed use meets the requirements set forth in paragraph (b) of subsection 1, a body designated pursuant to paragraph (c) of subsection 2 shall determine whether:

      (a) The amount approved for expenditure by the City of Las Vegas for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act or any money collected pursuant to an additional ad valorem tax approved by the voters pursuant to NRS 280.265, is equal to or greater than the amount determined by multiplying the sum of the amounts approved for expenditure by both the City of Las Vegas and Clark County for the support of the police department during the immediately preceding fiscal year by the percentage of the expense of the operating and maintaining the police department apportioned to the City of Las Vegas for the fiscal year pursuant to NRS 280.201; and

      (b) The amount approved for expenditure by the County for the fiscal year for the support of the police department, not including any money received or expended pursuant to this act or any money collected pursuant to an additional ad valorem tax approved by the voters pursuant to NRS 280.265, is equal to or greater than the amount determined by multiplying the sum of the amounts approved for expenditure by both the City of Las Vegas and the County for the support of the police department during the immediately preceding fiscal year by the percentage of the expense of operating and maintaining the police department apportioned to the County for the fiscal year pursuant to NRS 280.210.

      Sec. 14.  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the County pursuant to this act must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund.

      3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

      (a) Transfer from the Sales and Use Tax Account to the appropriate account in the State General Fund a percentage of all fees, taxes, interest and penalties collected pursuant to this act during the preceding month as compensation to the State for the cost of collecting the tax. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785, but the percentage must be applied to the proceeds collected pursuant to this act only.

      (b) Determine the amount equal to all fees, taxes, interest and penalties collected in or for the County pursuant to this act during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

      (c) Transfer the amount determined pursuant to paragraph (b) to the Intergovernmental Fund and remit the money to the County Treasurer.

      Sec. 15.  The Department may redistribute any proceeds from the tax, interest or penalty collected pursuant to this act which is determined to be improperly distributed, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

 


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ê2005 Statutes of Nevada, Page 917 (Chapter 249, AB 418)ê

 

      Sec. 16.  1.  The County Treasurer shall deposit money received from the State Controller pursuant to paragraph (c) of subsection 3 of section 14 of this act into the County Treasury for credit to a fund created for the use of the proceeds from the tax authorized by this act.

      2.  The fund of the County created for the use of the proceeds from the tax authorized by this act must be accounted for as a separate fund and not as a part of any other fund.

      3.  The County Treasurer upon receipt of the money remitted to him pursuant to this section shall distribute it to the appropriate accounts in accordance with the allotments established pursuant to section 9 of this act.

      Sec. 17.  1.  The City Treasurers of Boulder City, Henderson, Mesquite and North Las Vegas and the Las Vegas Metropolitan Police Department shall deposit the money received from the County Treasurer pursuant to subsection 3 of section 16 of this act into a special revenue fund created for the use of the proceeds from the tax authorized by this act.

2.  Each special revenue fund created for the use of the proceeds from the tax authorized by this act pursuant to subsection 1 must be accounted for as a separate fund and not as a part of any other fund.

      3.  Interest earned on a special revenue fund created pursuant to subsection 1 must be credited to the fund. The money in each such fund must remain in the fund and must not revert to the County Treasury at the end of any fiscal year.

      Secs. 18-19.  (Deleted by amendment.)

      Sec. 20.  In a proceeding arising from an ordinance imposing a tax pursuant to this act, the Department may act for and on behalf of the County.

      Sec. 21.  1.  The powers conferred by this act are in addition and supplemental to, and not in substitution for, the powers conferred by any other law and the limitations imposed by this act do not affect the powers conferred by any other law.

      2.  This act must not be construed to prevent the exercise of any power granted by any other law to the County or any officer, agent or employee of the County.

      3.  This act must not be construed to repeal or otherwise affect any other law or part thereof.

      4.  This act is intended to provide a separate method of accomplishing the objectives of the act, but not an exclusive method.

      5.  If any provision of this act, or application thereof to any person, thing or circumstance, is held invalid, the invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 22.  (Deleted by amendment.)

      Sec. 23.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of enacting ordinances and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2005, for all other purposes.

      2.  This act expires by limitation on October 1, 2025.

________

 

 


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ê2005 Statutes of Nevada, Page 918ê

 

CHAPTER 250, AB 248

Assembly Bill No. 248–Assemblywoman Buckley

 

CHAPTER 250

 

AN ACT relating to public health; requiring a portion of the money in the Fund for a Healthy Nevada to be used to provide certain services to certain senior citizens who reside in certain assisted living facilities; requiring the Housing Division of the Department of Business and Industry to certify certain assisted living facilities for the purpose of providing services pursuant to the home and community-based services waiver authorized by the Federal Government; requiring the Department of Human Resources to apply to the Secretary of Health and Human Services to amend its waiver to provide certain home and community-based services in certain assisted living facilities; and providing other matters properly relating thereto.

 

[Approved: June 4, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.620 is hereby amended to read as follows:

      439.620  1.  The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

      (a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

      (b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

      2.  The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

      (a) Shall maintain the financial records of the Fund;

      (b) Shall invest the money in the Fund as the money in other state funds is invested;

      (c) Shall manage any account associated with the Fund;

      (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

      (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

      (f) May perform any other duties necessary to administer the Fund.

      3.  The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      4.  Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested.

 


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ê2005 Statutes of Nevada, Page 919 (Chapter 250, AB 248)ê

 

the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:

      (a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and

      (b) Not more than 3 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

      5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

      6.  All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c), (d) , (e) and [(h)] (i) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.

      Sec. 2.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Task Force for the Fund for a Healthy Nevada shall:

      (a) Conduct public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

             (1) Promote public health;

             (2) Improve health services for children, senior citizens and persons with disabilities;

             (3) Reduce or prevent the use of tobacco;

             (4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

             (5) Offer other general or specific information on health care in this State.

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities.

      (c) Reserve not more than 30 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to pay for prescription drugs and pharmaceutical services for senior citizens pursuant to NRS 439.635 to 439.690, inclusive, and to fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745. From the money reserved to the Department pursuant to this paragraph, the Department may subsidize all of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, and fund in whole or in part any program established pursuant to NRS 422.274 or 422.2745.

 


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ê2005 Statutes of Nevada, Page 920 (Chapter 250, AB 248)ê

 

422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690, inclusive, and administering any program established pursuant to NRS 422.274 or 422.2745. The Department shall submit a quarterly report to the Governor, the Task Force for the Fund for a Healthy Nevada and the Interim Finance Committee regarding the general manner in which expenditures have been made pursuant to this paragraph and the status of the program.

      (d) Reserve not more than 30 percent minus $50,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

             (1) Respite care or relief of family caretakers;

             (2) Transportation to new or existing services to assist senior citizens in living independently; and

             (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada concerning the independent living needs of senior citizens.

      (e) Reserve not more than $50,000 of all revenues deposited in the Fund for a Healthy Nevada each year for allocation by the Director to:

             (1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in section 3 of this act; and

             (2) Fund assisted living facilities that satisfy the criteria for certification set forth in section 3 of this act and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to section 4 of this act.

Ê The Director shall develop policies and procedures for allocating money which is reserved pursuant to this paragraph.

      (f) Allocate, by contract or grant, for expenditure not more than 20 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

      [(f)] (g) Allocate, by contract or grant, for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children.

      [(g)] (h) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:

             (1) Programs that provide respite for persons caring for persons with disabilities;

             (2) Programs that provide positive behavioral supports to persons with disabilities; and

             (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

 


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ê2005 Statutes of Nevada, Page 921 (Chapter 250, AB 248)ê

 

      [(h)] (i) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to NRS 422.2745. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to NRS 422.2745.

      [(i)] (j) Maximize expenditures through local, federal and private matching contributions.

      [(j)] (k) Ensure that any money expended from the Fund for a Healthy Nevada will not be used to supplant existing methods of funding that are available to public agencies.

      [(k)] (l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      [(l)] (m) To make the allocations required by paragraphs [(e), (f) and (g):] (f), (g) and (h):

             (1) Prioritize and quantify the needs for these programs;

             (2) Develop, solicit and accept applications for allocations;

             (3) Conduct annual evaluations of programs to which allocations have been awarded; and

             (4) Submit annual reports concerning the programs to the Governor and the Interim Finance Committee.

      [(m)] (n) Transmit a report of all findings, recommendations and expenditures to the Governor and each regular session of the Legislature.

      2.  The Task Force may take such other actions as are necessary to carry out its duties.

      3.  The Department shall take all actions necessary to ensure that all allocations for expenditures made by the Task Force are carried out as directed by the Task Force.

      4.  To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the grant program to the Governor and the Interim Finance Committee.

      5.  The Aging Services Division of the Department shall submit each proposed grant which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.

 


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ê2005 Statutes of Nevada, Page 922 (Chapter 250, AB 248)ê

 

this section to subsidize any portion of the cost of policies of health insurance that provide coverage to senior citizens for prescription drugs and pharmaceutical services pursuant to NRS 439.635 to 439.690, inclusive, or to pay for any program established pursuant to NRS 422.274 or 422.2745.

      6.  The Department, on behalf of the Task Force, shall submit each allocation proposed pursuant to paragraph [(e), (f) or (g)] (f), (g) or (h) of subsection 1 which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the contract or grant is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.

      Sec. 3.  Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall certify an assisted living facility for the purpose of providing services pursuant to the provisions of the home and community-based services waiver which are amended pursuant to section 4 of this act if the facility:

      (a) Provides assisted living supportive services to senior citizens of low or moderate income;

      (b) Provides or arranges for the provision of case management services for its residents;

      (c) Guarantees affordable housing for a period of at least 15 years after the facility is certified;

      (d) Is financed through tax credits relating to low-income housing or other public funds; and

      (e) Satisfies any other requirements set forth by the Division in any regulations adopted by the Division.

      2.  The Division shall adopt regulations concerning the certification of assisted living facilities pursuant to this section.

      3.  As used in this section:

      (a) “Assisted living facility” has the meaning ascribed to it in paragraph (a) of subsection 3 of section 4 of this act.

      (b) “Assisted living supportive services” has the meaning ascribed to it in paragraph (b) of subsection 3 of section 4 of this act.

      Sec. 4.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall apply to the Secretary of Health and Human Services to amend its home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n. The waiver must be amended, in addition to providing coverage for any home and community-based services which the waiver covers on the effective date of this act, to authorize the Department to include as medical assistance under Medicaid the funding of assisted living supportive services for senior citizens who reside in assisted living facilities which are certified by the Housing Division of the Department of Business and Industry pursuant to section 3 of this act.

      2.  The Department shall:

      (a) Cooperate with the Federal Government in amending the waiver pursuant to this section;

      (b) If the Federal Government approves the amendments to the waiver, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the assisted living supportive services funded pursuant to subsection 1; and

 


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ê2005 Statutes of Nevada, Page 923 (Chapter 250, AB 248)ê

 

eligibility for the assisted living supportive services funded pursuant to subsection 1; and

      (c) Implement the amendments to the waiver only to the extent that the amendments are approved by the Federal Government.

      3.  As used in this section:

      (a) “Assisted living facility” means a residential facility for groups that:

             (1) Satisfies the requirements set forth in subsection 7 of NRS 449.037; and

             (2) Has staff at the facility available 24 hours a day, 7 days a week, to provide scheduled assisted living supportive services and assisted living supportive services that are required in an emergency in a manner that promotes maximum dignity and independence of residents of the facility.

      (b) “Assisted living supportive services” means services which are provided at an assisted living facility to residents of the assisted living facility, including, without limitation:

             (1) Personal care services;

             (2) Homemaker services;

             (3) Chore services;

             (4) Attendant care;

             (5) Companion services;

             (6) Medication oversight;

             (7) Therapeutic, social and recreational programming; and

             (8) Services which ensure that the residents of the facility are safe, secure and adequately supervised.

      Sec. 5.  NRS 422.240 is hereby amended to read as follows:

      422.240  1.  Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and 422.580, and section 4 of this act, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and 422.580 and section 4 of this act must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 251, SB 511

Senate Bill No. 511–Committee on Finance

 

CHAPTER 251

 

AN ACT making a supplemental appropriation to the Department of Education for signing bonuses for teachers; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 924 (Chapter 251, SB 511)ê

 

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 Department of Education the sum of $436,000 for signing bonuses for teachers. This appropriation is supplemental to that made by section 15 of Chapter 327, Statutes of Nevada 2003, at page 1831.

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

________

 

CHAPTER 252, SB 510

Senate Bill No. 510–Committee on Finance

 

CHAPTER 252

 

AN ACT making an appropriation for expenses relating to the arbitration associated with the design and construction of the Southern Nevada Veterans’ Home; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Public Works Board the sum of $673,900 for expenses relating to the arbitration associated with the design and construction of the Southern Nevada Veterans’ Home.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2006, and must be reverted to the State General Fund on or before September 15, 2006.

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

________

 

CHAPTER 253, SB 96

Senate Bill No. 96–Committee on Finance

 

CHAPTER 253

 

AN ACT making an appropriation to the Office of the Governor for a contractor to update the State’s Energy Assurance Plan pursuant to federal guidelines; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

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 Office of the Governor the sum of $31,250 to pay the costs for a contractor to update the State’s Energy Assurance Plan pursuant to federal guidelines.

 


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ê2005 Statutes of Nevada, Page 925 (Chapter 253, SB 96)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

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

________

 

CHAPTER 254, AB 528

Assembly Bill No. 528–Committee on Judiciary

 

CHAPTER 254

 

AN ACT relating to crimes; revising the crime of intimidating or threatening public officers and employees and certain other persons; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 199.300 is hereby amended to read as follows:

      199.300  1.  A person [who] shall not, directly or indirectly, [addresses] address any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce him, contrary to his duty to do, make, omit or delay any act, decision or determination, [shall be punished:] if the threat or intimidation communicates the intent, either immediately or in the future:

      (a) To cause bodily injury to any person;

      (b) To cause physical damage to the property of any person other than the person addressing the threat or intimidation;

      (c) To subject any person other than the person addressing the threat or intimidation to physical confinement or restraint; or

      (d) To do any other act which is not otherwise authorized by law and is intended to harm substantially any person other than the person addressing the threat or intimidation with respect to his health, safety, business, financial condition or personal relationships.

      2.  The provisions of this section must not be construed as prohibiting a person from making any statement in good faith of an intention to report any misconduct or malfeasance by a public officer or employee.

      3.  A person who violates subsection 1 is guilty of:

      (a) If physical force or the immediate threat of physical force is used in the course of the intimidation or in the making of the threat:

             (1) For a first offense, [for] a category C felony and shall be punished as provided in NRS 193.130.

             (2) For a second or subsequent offense, [for] a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      (b) If no physical force or immediate threat of physical force is used in the course of the intimidation or in the making of the threat, [for] a gross misdemeanor.

 


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ê2005 Statutes of Nevada, Page 926 (Chapter 254, AB 528)ê

 

      [2.] 4.  As used in this section, “public employee” means any person who performs public duties for compensation paid by the State, a county, city, local government or other political subdivision of the State or an agency thereof, including, without limitation, a person who performs a service for compensation pursuant to a contract with the State, county, city, local government or other political subdivision of the State or an agency thereof.

________

 

CHAPTER 255, AB 416

Assembly Bill No. 416–Assemblyman McCleary

 

CHAPTER 255

 

AN ACT relating to motor vehicles; transferring the Advisory Board on Automotive Affairs from the Division of Insurance of the Department of Business and Industry to the Department of Motor Vehicles; revising the membership and duties of the Board; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.002 is hereby amended to read as follows:

      487.002  1.  [As used in this section:

      (a) “Commissioner” means the Commissioner of Insurance.

      (b) “Department” means the Department of Motor Vehicles.

      2.]  The Advisory Board on Automotive Affairs, consisting of seven members appointed by the Governor, is hereby created within [the Division of Insurance of] the Department . [of Business and Industry.

      3.] 2.  The Governor shall appoint to the Board [one representative of:

      (a) The Commissioner;

      (b) The Department;

      (c) Licensed] :

      (a) One representative of the Department;

      (b) One representative of licensed operators of body shops;

      [(d) Licensed]

      (c) One representative of licensed automobile wreckers;

      [(e) Insurers of motor vehicles;

      (f) Automobile manufacturers; and

      (g) The]

      (d) One representative of registered garagemen;

      (e) One representative of licensed operators of salvage pools; and

      (f) Two representatives of the general public.

      [4.] 3.  After the initial terms, each member of the Board serves a term of 4 years. The members of the Board shall annually elect from among their number a Chairman and a Vice Chairman. The [Commissioner] Department shall provide secretarial services for the Board.

      [5.] 4.  The Board shall meet regularly at least twice each year and may meet at other times upon the call of the Chairman. Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

 


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ê2005 Statutes of Nevada, Page 927 (Chapter 255, AB 416)ê

 

      [6.  Not less than 30 days before the adoption by the Commissioner or the Department of any regulation pursuant to subsection 7 or otherwise relating to the operation of body shops or automobile wreckers, the Commissioner or the Director, as appropriate, shall submit the proposed regulation to the Board for its review and comment.

      7.  The Commissioner and the Department, jointly, shall adopt and the Board may propose, pursuant to NRS 233B.100, regulations to the appropriate agency concerning:

      (a) The use of new or used parts for the repair of motor vehicles and parts that are not manufactured by the manufacturers of the motor vehicles for which they are used.

      (b) The survey methodology that may be used by an insurer to ascertain prevailing charges for the repair of a motor vehicle.

      (c) The preferred use of a business which repairs motor vehicles by an insurer of motor vehicles.]

      5.  The Board shall:

      (a) Study the regulation of garagemen, automobile wreckers and operators of body shops and salvage pools, including, without limitation, the registration or licensure of such persons and the methods of disciplinary action against such persons;

      (b) Analyze and advise the Department relating to any consumer complaints provided to the Department by the Consumer Affairs Division of the Department of Business and Industry pursuant to NRS 598.985 or otherwise received by the Department concerning garagemen, automobile wreckers or operators of body shops or salvage pools;

      (c) Make recommendations to the Department for any necessary regulations or proposed legislation pertaining to paragraph (a) or (b);

      (d) On or before January 15 of each odd-numbered year, prepare and submit a report concerning its activities and recommendations to the Governor and to the Director of the Legislative Counsel Bureau for transmission to the Legislature; and

      (e) Perform any other duty assigned by the Department.

      Sec. 2.  NRS 690B.016 is hereby amended to read as follows:

      690B.016  1.  An insured or a claimant under a policy of insurance may have repairs to a motor vehicle made at the licensed body shop of his choice. An insurer of motor vehicles shall notify the insured or the claimant of this right when the insurer is first contacted concerning a claim for damage to a motor vehicle.

      2.  An insurer of motor vehicles or a representative of the insurer shall not:

      (a) Knowingly recommend to an insured or a claimant, or direct an insured or a claimant to, a body shop in this State which is not licensed pursuant to NRS 487.630;

      (b) Require an insured or a claimant to patronize any licensed body shop in this State in preference to another such business . [, except in accordance with the regulations adopted pursuant to paragraph (c) of subsection 7 of NRS 487.002.]

      3.  The provisions of this section do not require an insurer to pay more than the reasonable rate required pursuant to a policy of insurance for repairs to a motor vehicle.

 


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ê2005 Statutes of Nevada, Page 928 (Chapter 255, AB 416)ê

 

      4.  For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.

      Sec. 3.  1.  The terms of the current members of the Advisory Board on Automotive Affairs expire on June 30, 2005.

      2.  As soon as practicable after July 1, 2005, the Governor shall appoint:

      (a) Four members to serve initial terms that expire on June 30, 2007.

      (b) Three members to serve initial terms that expire on June 30, 2009.

      Sec. 4.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 256, AB 415

Assembly Bill No. 415–Assemblyman McCleary

 

CHAPTER 256

 

AN ACT relating to the Legislature; requiring the disclosure of the name of each Legislator who requests the preparation of a legislative measure on the list of requests prepared by the Legislative Counsel; authorizing the replacement of a primary requester on the list of requests prepared by the Legislative Counsel in certain circumstances when a Legislator does not return to the Legislature; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.2475 is hereby amended to read as follows:

      218.2475  1.  On July 1 preceding each regular session of the Legislature, and each week thereafter until the adjournment of the Legislature sine die, the Legislative Counsel shall prepare a list of all requests received by him, for the preparation of measures to be submitted to the Legislature. The requests must be listed numerically by a unique serial number which must be assigned to the measures by the Legislative Counsel for the purposes of identification in the order that he received the requests. Except as otherwise provided in subsections 3 and 4, the list must only contain the name of each requester, the date and a brief summary of the request.

      2.  The Legislative Counsel Bureau shall make copies of the list available to the public for a reasonable sum fixed by the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.

      3.  In preparing the list, the Legislative Counsel shall [:

      (a) Not include the name of the Legislator who has requested the preparation of a measure until:

             (1) The particular measure is introduced in the Legislature; or

             (2) The Legislator requests that his name be disclosed as the requester of the measure,

Ê whichever occurs first.

      (b) If] , if a standing or special committee of the Legislature requests a measure on behalf of a Legislator or organization, include the name of the standing or special committee and the name of the Legislator or organization on whose behalf the measure was originally requested.

 


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ê2005 Statutes of Nevada, Page 929 (Chapter 256, AB 415)ê

 

standing or special committee and the name of the Legislator or organization on whose behalf the measure was originally requested.

      4.  Upon the request of a Legislator who has requested the preparation of a measure , [and requested that his name be disclosed pursuant to subsection 3,] the Legislative Counsel shall add the name of one or more Legislators from either or both houses of the Legislature as joint requesters. The Legislative Counsel shall not add the name of a joint requester to the list until he has received confirmation of the joint request from the primary requester of the measure and from the Legislator to be added as a joint requester. The Legislative Counsel shall remove the name of a joint requester upon receipt of a request to do so made by the primary requester or the joint requester. The names must appear on the list in the order in which the names were received by the Legislative Counsel beginning with the primary requester. The Legislative Counsel shall not act upon the direction of a joint requester to withdraw the requested measure or modify its substance until the Legislative Counsel has received confirmation of the withdrawal or modification from the primary requester.

      5.  If the primary requester of a measure will not be returning to the Legislature for the legislative session in which the measure is to be considered, the primary requester may authorize a Legislator who will be serving during that session to become the primary sponsor of the measure, either individually or as the chairman on behalf of a standing committee. If the Legislator who will be serving during that session agrees to become or have the committee become the primary sponsor of the measure, that Legislator shall notify the Legislative Counsel of that fact. Upon receipt of such notification, the Legislative Counsel shall list the name of that Legislator or the name of the committee as the primary requester of the measure on the list.

      6.  For the purposes of all limitations on the number of legislative measures that may be requested by a Legislator, a legislative measure with joint requesters must only be counted as a request of the primary requester.

________

 

CHAPTER 257, AB 190

Assembly Bill No. 190–Assemblymen Perkins, Conklin, Horne, Atkinson, Buckley, Gerhardt, Giunchigliani, Grady, Hettrick, Kirkpatrick, Leslie, Oceguera, Parks, Pierce, Sherer and Sibley

 

Joint Sponsors: Senators Carlton, Coffin and Heck

 

CHAPTER 257

 

AN ACT relating to crimes; prohibiting a person from entering upon certain property with the intent to surreptitiously conceal himself and peer, peep or spy through an opening in a building or other structure used as a dwelling; exempting law enforcement officers, building inspectors and employees of a public utility performing their duties from the prohibition; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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

ê2005 Statutes of Nevada, Page 930 (Chapter 257, AB 190)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not knowingly enter upon the property or premises of another or upon the property or premises owned by him and leased or rented to another with the intent to surreptitiously conceal himself on the property or premises and peer, peep or spy through a window, door or other opening of a building or structure that is used as a dwelling on the property or premises.

      2.  A person who violates subsection 1 is guilty of:

      (a) If the person is in possession of a deadly weapon at the time of the violation, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      (b) If the person is not in possession of a deadly weapon at the time of the violation, but is in possession of a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a gross misdemeanor.

      (c) If the person is not in possession of a deadly weapon or a photographic or digital camera, video camera or other device capable of recording images or sound at the time of the violation, a misdemeanor.

      3.  This section does not apply to:

      (a) A law enforcement officer conducting a criminal investigation or surveillance;

      (b) A building inspector, building official or other similar authority employed by a governmental body while performing his duties; or

      (c) An employee of a public utility while performing his duties.

      Sec. 2.  NRS 207.200 is hereby amended to read as follows:

      207.200  1.  [Any] Unless a greater penalty is provided pursuant to section 1 of this act, any person who, under circumstances not amounting to a burglary:

      (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

      (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

      2.  A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

      (a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

      (b) Fencing the area.

      3.  It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

 


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ê2005 Statutes of Nevada, Page 931 (Chapter 257, AB 190)ê

 

      4.  An entryman on land under the laws of the United States is an owner within the meaning of this section.

      5.  As used in this section, “fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

________

 

CHAPTER 258, SB 194

Senate Bill No. 194–Senator Nolan

 

CHAPTER 258

 

AN ACT relating to public safety; requiring the Nevada Commission on Homeland Security to advise and make recommendations to the Governor relative to certain systems of communication; revising the date on which certain bodies and agencies must follow certain provisions regarding the purchase of information systems and systems of communication; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 239C.160 is hereby amended to read as follows:

      239C.160  The Commission shall, within the limits of available money:

      1.  Make recommendations to the Governor, the Legislature, agencies of this State, political subdivisions, businesses located within this State and private persons who reside in this State with respect to actions and measures that may be taken to protect residents of this State and visitors to this State from potential acts of terrorism and related emergencies.

      2.  Propose goals and programs that may be set and carried out, respectively, to counteract or prevent potential acts of terrorism and related emergencies before such acts of terrorism and related emergencies can harm or otherwise threaten residents of this State and visitors to this State.

      3.  With respect to buildings, facilities, geographic features and infrastructure that must be protected from acts of terrorism and related emergencies to ensure the safety of the residents of this State and visitors to this State, including, without limitation, airports, the Capitol Complex, dams, gaming establishments, governmental buildings, highways, hotels, information technology infrastructure, lakes, places of worship, power lines, public buildings, public utilities, reservoirs, rivers and their tributaries, and water facilities:

      (a) Identify and categorize such buildings, facilities, geographic features and infrastructure according to their susceptibility to and need for protection from acts of terrorism and related emergencies; and

      (b) Study and assess the security of such buildings, facilities, geographic features and infrastructure from acts of terrorism and related emergencies.

      4.  Examine the use, deployment and coordination of response agencies within this State to ensure that those agencies are adequately prepared to protect residents of this State and visitors to this State from acts of terrorism and related emergencies.

 


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ê2005 Statutes of Nevada, Page 932 (Chapter 258, SB 194)ê

 

      5.  Assess, examine and review the use of information systems and systems of communication used by response agencies within this State to determine the degree to which such systems are compatible and interoperable. After conducting the assessment, examination and review, the Commission shall [establish] :

      (a) Establish a state plan setting forth criteria and standards for the compatibility and interoperability of those systems when used by response agencies within this State [.] ; and

      (b) Advise and make recommendations to the Governor relative to the compatibility and interoperability of those systems when used by response agencies within this State, with particular emphasis upon the compatibility and interoperability of public safety radio systems.

      6.  Assess, examine and review the operation and efficacy of telephone systems and related systems used to provide emergency 911 service.

      7.  To the extent practicable, cooperate and coordinate with the Division of Emergency Management of the Department of Public Safety to avoid duplication of effort in developing policies and programs for preventing and responding to acts of terrorism and related emergencies.

      8.  Perform any other acts related to their duties set forth in subsections 1 to 7, inclusive, that the Commission determines are necessary to protect or enhance:

      (a) The safety and security of the State of Nevada;

      (b) The safety of residents of the State of Nevada; and

      (c) The safety of visitors to the State of Nevada.

      Sec. 2.  NRS 332.830 is hereby amended to read as follows:

      332.830  1.  On and after [July] October 1, 2005, a governing body or its authorized representative shall not purchase an information system or system of communication for use by a response agency unless the system complies with the plan established pursuant to subsection 5 of NRS 239C.160.

      2.  On and after [July] October 1, 2005, any grant or other money received by a local government from the Federal Government for the purchase of an information system or system of communication for use by a response agency must not be used to purchase such a system unless the system complies with the plan established pursuant to subsection 5 of NRS 239C.160.

      3.  As used in this section:

      (a) “Information system” has the meaning ascribed to it in NRS 239C.060.

      (b) “Response agency” has the meaning ascribed to it in NRS 239C.080.

      (c) “System of communication” has the meaning ascribed to it in NRS 239C.100.

      Sec. 3.  NRS 333.820 is hereby amended to read as follows:

      333.820  1.  On and after [July] October 1, 2005, the Chief, the Purchasing Division or a using agency shall not purchase an information system or system of communication for use by a response agency unless the system complies with the plan established pursuant to subsection 5 of NRS 239C.160.

      2.  On and after [July] October 1, 2005, any grant or other money received by the Chief, the Purchasing Division or a using agency from the Federal Government for the purchase of an information system or system of communication for use by a response agency must not be used to purchase such a system unless the system complies with the plan established pursuant to subsection 5 of NRS 239C.160.

 


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

ê2005 Statutes of Nevada, Page 933 (Chapter 258, SB 194)ê

 

such a system unless the system complies with the plan established pursuant to subsection 5 of NRS 239C.160.

      3.  As used in this section:

      (a) “Information system” has the meaning ascribed to it in NRS 239C.060.

      (b) “Response agency” has the meaning ascribed to it in NRS 239C.080.

      (c) “System of communication” has the meaning ascribed to it in NRS 239C.100.

      Sec. 4.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 259, AB 540

Assembly Bill No. 540–Committee on Commerce and Labor

 

CHAPTER 259

 

AN ACT relating to cranes; requiring the Division of Industrial Relations of the Department of Business and Industry to adopt certain regulations relating to certification as a crane operator; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.880 is hereby amended to read as follows:

      618.880  1.  The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

      [1.] (a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

      [2.] (b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

      [3.] (c) Annual certification of the mechanical lifting parts of the crane; and

      [4.] (d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use . [; and

      5.  Establishment]

      2.  Except as otherwise provided in subsection 3:

      (a) The Division shall adopt regulations requiring the establishment and implementation of programs for the [training and] certification of [crane operators.] all persons who operate:

             (1) Tower cranes; or

             (2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

      (b) A person shall not operate a tower crane or a mobile crane described in subparagraph (2) of paragraph (a) unless the person holds certification as a crane operator issued pursuant to this subsection for the type of crane being operated.

      (c) An applicant for certification as a crane operator must hold a certificate which:

 


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ê2005 Statutes of Nevada, Page 934 (Chapter 259, AB 540)ê

 

             (1) Is issued by an organization whose program of certification for crane operators:

                   (I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; or

                   (II) Meets other criteria established by the Division; and

             (2) Certifies that the person has met the standards to be a crane operator established by the American Society of Mechanical Engineers in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division.

      3.  The provisions of subsection 2 do not apply to a person who:

      (a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

      (b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V; or

      (c) Operates an aerial or lifting device, whether or not self-propelled, that is designed and manufactured with the specific purpose of lifting one or more persons in a bucket or basket or on a ladder or platform and holding those persons in the lifted position while they perform tasks. Such devices include, without limitation:

             (1) A bucket truck or lift;

             (2) An aerial platform;

             (3) A platform lift; or

             (4) A scissors lift.

      4.  As used in this section, “utility” means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

      (a) Electric service;

      (b) Gas service;

      (c) Water or sewer service;

      (d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

      (e) Television service, including, without limitation, community antenna television service.

      Sec. 2.  1.  Any regulations governing the certification of crane operators that are in effect on January 1, 2007, become void on that date and are superseded by the regulations adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to subsection 2 of NRS 618.880, as amended by this act.

      2.  As soon as practicable after January 1, 2007, the Legislative Counsel shall remove from the Nevada Administrative Code all regulations that are void pursuant to subsection 1.

      Sec. 3.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2007, for all other purposes.

________

 

CHAPTER 260, SB 293

Senate Bill No. 293–Committee on Natural Resources

 

CHAPTER 260

 

AN ACT relating to noxious weeds; authorizing a portion of the money collected for the registration of certain brands of pesticides to be used for the eradication and control of noxious weeds; authorizing the appointment of a larger board of directors of a weed control district; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 935 (Chapter 260, SB 293)ê

 

for the eradication and control of noxious weeds; authorizing the appointment of a larger board of directors of a weed control district; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 586.270 is hereby amended to read as follows:

      586.270  1.  A registrant shall pay an annual registration fee in an amount established by regulation of the Director for each brand of pesticide registered.

      2.  The Director shall, for each annual registration fee he collects, deposit in a separate account the amount established for that purpose by regulation of the Director. The money deposited in the account must be used [for] :

      (a) For the disposal of pesticides [and to] ;

      (b) To monitor pesticides [and] ;

      (c) To protect groundwater and surface water from contamination by pesticides [.] ; and

      (d) For the eradication and control of noxious weeds.

      3.  A registrant who offers a pesticide for sale before registering the brand of pesticide shall pay an amount equal to twice the registration fee for registering the brand of pesticide.

      4.  As used in this section, “noxious weed” has the meaning ascribed to it in NRS 555.005.

      Sec. 2.  NRS 555.205 is hereby amended to read as follows:

      555.205  1.  The board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three or five persons who:

      (a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.

      (b) Fairly represent the agricultural economy of the district.

      2.  If the district includes lands situated in more than one county, the board of county commissioners shall appoint at least one member of the board of directors from each county in which one-third or more of the lands are situated.

      3.  The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.

      4.  In addition to other causes provided by law, a vacancy is created on the board if any director:

      (a) Ceases to be a landowner in the district.

      (b) Is absent, unless excused, from three meetings of the board.

      5.  If, as a result of a change in the boundaries of the district, a county becomes entitled to a new member of the board of directors pursuant to subsection 2, the board of county commissioners shall make the new appointment upon the first expiration of the term of a current member thereafter.

 


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ê2005 Statutes of Nevada, Page 936 (Chapter 260, SB 293)ê

 

appointment upon the first expiration of the term of a current member thereafter.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 261, AB 348

Assembly Bill No. 348–Assemblymen Horne, Perkins, Oceguera and Anderson

 

CHAPTER 261

 

AN ACT relating to traffic laws; prohibiting the operation of, and the operation of a vehicle equipped with, any device or mechanism capable of interfering with or altering the signal of a traffic-control signal; prohibiting the sale in this State of such devices and mechanisms; providing certain exceptions for response agencies and providers of mass transit; providing a penalty; providing for an increased penalty under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section:

      (a) A person shall not operate a vehicle on the highways of this State if the vehicle is equipped with any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      (b) A person shall not operate any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal.

      2.  Except as otherwise provided in this subsection, a person shall not in this State sell or offer for sale any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal. The provisions of this subsection do not prohibit a person from selling or offering for sale:

      (a) To a provider of mass transit, a signal prioritization device; or

      (b) To a response agency, a signal preemption device or a signal prioritization device, or both.

      3.  A police officer:

      (a) Shall, without a warrant, seize any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal; or

      (b) May, without a warrant, seize and take possession of a vehicle equipped with any device or mechanism that is capable of interfering with or altering the signal of a traffic-control signal, including, without limitation, a mobile transmitter, if the device or mechanism cannot be removed from the motor vehicle by the police officer, and may cause the vehicle to be towed and impounded until:

 


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ê2005 Statutes of Nevada, Page 937 (Chapter 261, AB 348)ê

 

             (1) The device or mechanism is removed from the vehicle; and

             (2) The owner claims the vehicle by paying the cost of the towing and impoundment.

      4.  Neither the police officer nor the governmental entity which employs him is civilly liable for any damage to a vehicle seized pursuant to the provisions of paragraph (b) of subsection 3 that occurs after the vehicle is seized but before the towing process begins.

      5.  Except as otherwise provided in subsection 8, the presence of any device or mechanism, including, without limitation, a mobile transmitter, that is capable of interfering with or altering the signal of a traffic-control signal in or on a vehicle on the highways of this State constitutes prima facie evidence of a violation of this section. The State need not prove that the device or mechanism in question was in an operative condition or being operated.

      6.  A person who violates the provisions of subsection 1 or 2 is guilty of a misdemeanor.

      7.  A provider of mass transit shall not operate or cause to be operated a signal prioritization device in such a manner as to impede or interfere with the use by response agencies of signal preemption devices.

      8.  The provisions of this section do not:

      (a) Except as otherwise provided in subsection 7, prohibit a provider of mass transit from acquiring, possessing or operating a signal prioritization device.

      (b) Prohibit a response agency from acquiring, possessing or operating a signal preemption device or a signal prioritization device, or both.

      9.  As used in this section:

      (a) “Mobile transmitter” means a device or mechanism that is:

             (1) Portable, installed within a vehicle or capable of being installed within a vehicle; and

             (2) Designed to affect or alter, through the emission or transmission of sound, infrared light, strobe light or any other audible, visual or electronic method, the normal operation of a traffic-control signal.

Ê The term includes, without limitation, a signal preemption device and a signal prioritization device.

      (b) “Provider of mass transit” means a governmental entity or a contractor of a governmental entity which operates, in whole or in part:

             (1) A public transit system, as that term is defined in NRS 377A.016; or

             (2) A system of public transportation referred to in NRS 373.1165.

      (c) “Response agency” means an agency of this State or of a political subdivision of this State that provides services related to law enforcement, firefighting, emergency medical care or public safety. The term includes a nonprofit organization or private company that, as authorized pursuant to chapter 450B of NRS:

             (1) Provides ambulance service; or

             (2) Provides intermediate or advanced medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility.

      (d) “Signal preemption device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

 


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ê2005 Statutes of Nevada, Page 938 (Chapter 261, AB 348)ê

 

             (1) The signal, in the direction of travel of the vehicle, to remain green if the signal is already displaying a green light;

             (2) The signal, in the direction of travel of the vehicle, to change from red to green if the signal is displaying a red light;

             (3) The signal, in other directions of travel, to remain red or change to red, as applicable, to prevent other vehicles from entering the intersection; and

             (4) The applicable functions described in subparagraphs (1), (2) and (3) to continue until such time as the vehicle equipped with the device is clear of the intersection.

      (e) “Signal prioritization device” means a mobile transmitter that, when activated and when a vehicle equipped with such a device approaches an intersection controlled by a traffic-control signal, causes:

             (1) The signal, in the direction of travel of the vehicle, to display a green light a few seconds sooner than the green light would otherwise be displayed;

             (2) The signal, in the direction of travel of the vehicle, to display a green light for a few seconds longer than the green light would otherwise be displayed; or

             (3) The functions described in both subparagraphs (1) and (2).

      (f) “Traffic-control signal” means a traffic-control signal, as defined in NRS 484.205, which is capable of receiving and responding to an emission or transmission from a mobile transmitter.

      Sec. 2.  NRS 484.3667 is hereby amended to read as follows:

      484.3667  1.  Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit, or of NRS 484.254, 484.278, 484.289, 484.291 to 484.301, inclusive, 484.305, 484.309, 484.311, 484.335, 484.337, 484.361, 484.363, 484.3765, 484.377, 484.379, 484.448, 484.453 or 484.479, and section 1 of this act, that occurred:

      (a) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

      (b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions,

Ê shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      2.  The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.

      3.  A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:

 


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ê2005 Statutes of Nevada, Page 939 (Chapter 261, AB 348)ê

 

conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:

      (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;

      (b) A sign to mark the beginning of the temporary traffic control zone; and

      (c) A sign to mark the end of the temporary traffic control zone.

      4.  A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.

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CHAPTER 262, SB 150

Senate Bill No. 150–Committee on Government Affairs

 

CHAPTER 262

 

AN ACT relating to crimes; revising provisions concerning falsely reporting that a crime has been committed; repealing provision concerning the filing of certain false or fraudulent complaints of misconduct against a peace officer; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.280 is hereby amended to read as follows:

      207.280  Every person who deliberately reports to any police officer, sheriff, district attorney, deputy sheriff, deputy district attorney or member of the [Nevada Highway Patrol] Department of Public Safety that a felony or misdemeanor has been committed, [or disseminates such a report by any medium of public communication,] which causes a law enforcement agency to conduct a criminal or internal investigation, knowing such report to be false, is guilty of a misdemeanor.

      Sec. 2.  NRS 199.325 is hereby repealed.

      Sec. 3.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 263, AB 219

Assembly Bill No. 219–Assemblymen Ohrenschall, McClain, Anderson, Manendo, Parks, Allen, Atkinson, Carpenter, Claborn, Denis, Koivisto, Munford, Oceguera, Pierce and Sibley

 

CHAPTER 263

 

AN ACT relating to domestic violence; creating the Nevada Council for the Prevention of Domestic Violence; providing for its membership and duties; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 940 (Chapter 263, AB 219)ê

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 228 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 NRS 228.430 to 228.470, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 228.430 and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Council” means the Nevada Council for the Prevention of Domestic Violence created pursuant to section 4 of this act.

      Sec. 4.  1.  The Nevada Council for the Prevention of Domestic Violence is hereby created within the Office of the Attorney General.

      2.  The Council must consist of not more than 30 members appointed by the Attorney General from the various geographical regions of the State.

      3.  The term of office of a member of the Council is 3 years.

      4.  A vacancy on the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      5.  Each member of the Council:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 5.  1.  The Attorney General or his designee is the Chairman of the Council.

      2.  The Council shall annually elect a Vice Chairman, Secretary and Treasurer from among its members.

      3.  The Council shall meet at least three times in each calendar year and may meet at other times upon the call of the Chairman. At least one meeting in each calendar year must be held at a location within the Fourth Judicial District, Fifth Judicial District, Sixth Judicial District or Seventh Judicial District.

      4The Council shall adopt rules for its own management and government.

      Sec. 6.  1.  For the purpose of preventing and eliminating domestic violence in this State, the Council shall:

      (a) Increase awareness of the existence and unacceptability of domestic violence in this State;

      (b) Make recommendations for any necessary legislation relating to domestic violence to the Office of the Attorney General; and

      (c) Provide financial support to programs for the prevention of domestic violence in this State.

      2.  The Council shall:

      (a) Study and review all appropriate issues related to the administration of the criminal justice system in rural Nevada with respect to offenses involving domestic violence, including, without limitation, the availability of counseling services; and

      (b) With the assistance of the Court Administrator, based upon the study and review conducted pursuant to paragraph (a), prepare and submit a report of its findings and recommendations to the Director of the Legislative Counsel Bureau, on or before February 1 of each odd-numbered year, for transmittal to the next regular session of the Legislature.

 


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a report of its findings and recommendations to the Director of the Legislative Counsel Bureau, on or before February 1 of each odd-numbered year, for transmittal to the next regular session of the Legislature. In preparing the report, the Council shall solicit comments and recommendations from district judges, municipal judges and justices of the peace in rural Nevada and include in its report, as a separate section, all comments and recommendations that are received by the Council.

      3.  The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to this section. Any money that the Council receives pursuant to this subsection must be deposited in and accounted for separately in the Account for Programs Related to Domestic Violence created pursuant to NRS 228.460 for use by the Council in carrying out its duties.

      Sec. 7.  NRS 228.430 is hereby amended to read as follows:

      228.430  [As used in NRS 228.430 to 228.470, inclusive, unless the context otherwise requires, “domestic] “Domestic violence” has the meaning ascribed to it in NRS 33.018.

      Sec. 8.  NRS 228.460 is hereby amended to read as follows:

      228.460  1.  The Account for Programs Related to Domestic Violence is hereby created in the State General Fund. Any administrative assessment imposed and collected pursuant to NRS 200.485 must be deposited with the State Controller for credit to the Account.

      2.  The Ombudsman for Victims of Domestic Violence:

      (a) Shall administer the Account for Programs Related to Domestic Violence; and

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

             (1) The Committee on Domestic Violence created pursuant to NRS 228.470;

             (2) The Council;

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

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

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

      3.  All claims against the Account for Programs Related to Domestic Violence must be paid as other claims against the State are paid.

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CHAPTER 264, AB 240

Assembly Bill No. 240–Assemblyman Hettrick

 

CHAPTER 264

 

AN ACT relating to transportation; revising the provisions governing owners and operators of charter buses which are not fully regulated carriers; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 942 (Chapter 264, AB 240)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

      Each owner or operator of a charter bus which is not a fully regulated carrier shall:

      1.  Comply with the provisions of this chapter and any regulations adopted by the Authority pursuant to this chapter relating to safety;

      2.  Submit evidence satisfactory to the Authority that the owner or operator has obtained a liability insurance policy, certificate of insurance, bond of a surety company or other surety in the time, amount and form required by the Authority for a common motor carrier of passengers pursuant to NRS 706.291; and

      3.  Not later than 5 days before beginning operation in this State, submit to the Authority a copy of its schedule or tariff setting forth the rates established by the owner or operator. If the owner or operator intends to make any changes to its schedule or tariff, the owner or operator shall submit an updated copy of the schedule or tariff to the Authority not later than 5 days before the date on which those changes are to become effective. Notwithstanding any provision of this chapter to the contrary, schedules and tariffs submitted by the owner or operator to the Authority pursuant to this section, and the rates set forth in those schedules and tariffs, are not subject to hearing or approval by the Authority.

      Sec. 2.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in his failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

 


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             (2) Towing services,

Ê without including the number of his certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 4.  1.  Notwithstanding any provision of this act to the contrary, each owner or operator of a charter bus which is not a fully regulated carrier and which is operating in this State on and before October 1, 2005, shall, on or before October 10, 2005, submit to the Transportation Services Authority:

 


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ê2005 Statutes of Nevada, Page 944 (Chapter 264, AB 240)ê

 

and which is operating in this State on and before October 1, 2005, shall, on or before October 10, 2005, submit to the Transportation Services Authority:

      (a) Evidence satisfactory to the Transportation Services Authority that the owner or operator has obtained a liability insurance policy, certificate of insurance, bond of a surety company or other surety as required by subsection 2 of section 1 of this act; and

      (b) A copy of its schedule or tariff setting forth the rates established by the owner or operator and which will be effective on October 10, 2005. If the owner or operator intends to make a change to its schedule or tariff which is scheduled to become effective on or after October 11, 2005, and before October 16, 2005, the owner and operator shall also include a copy of the updated schedule and tariff.

      2.  Notwithstanding any provision of this act to the contrary, each owner or operator of a charter bus which is not a fully regulated carrier and which begins operations in this State on or after October 1, 2005, and before October 6, 2005, shall, on or before October 10, 2005, submit to the Transportation Services Authority:

      (a) Evidence satisfactory to the Transportation Services Authority that the owner or operator has obtained a liability insurance policy, certificate of insurance, bond of a surety company or other surety as required by subsection 2 of section 1 of this act; and

      (b) A copy of its schedule or tariff setting forth the rates established by the owner or operator.

________

 

CHAPTER 265, AB 355

Assembly Bill No. 355–Assemblywoman Giunchigliani (by request)

 

CHAPTER 265

 

AN ACT relating to housing; providing for judicial review of decisions by housing authorities to terminate certain housing assistance; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 315 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The decision of a housing authority to terminate a person’s housing assistance is a final decision for the purposes of judicial review. A person aggrieved by such a final decision of the housing authority is entitled to judicial review of the decision in the manner provided in NRS 233B.130 to 233B.150, inclusive, for the review of decisions of administrative agencies in contested cases.

      2.  If a person who seeks judicial review of a final decision of a housing authority pursuant to subsection 1 retains possession of the premises during the pendency of the action, the person shall pay the rent and comply with all other provisions set forth in the underlying contract for possession of the premises. If the person fails to pay such rent or comply with the other provisions of the contract, the landlord may initiate proceedings for eviction.

 


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ê2005 Statutes of Nevada, Page 945 (Chapter 265, AB 355)ê

 

proceedings for eviction. If the person is evicted, the housing authority is not required to issue a new voucher for housing assistance to the person unless and until the person prevails in the action for judicial review.

      3.  As used in this section:

      (a) “Housing assistance” means any financial assistance that a person receives under the Housing Choice Voucher Program pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f, and any regulations adopted pursuant thereto, or pursuant to any successor program.

      (b) “Housing authority” means a housing authority created pursuant to this chapter and includes, without limitation, the Nevada Rural Housing Authority.

      (c) “Landlord” has the meaning ascribed to it in NRS 315.021.

      (d) “Premises” has the meaning ascribed to it in NRS 315.021.

________

 

CHAPTER 266, AB 531

Assembly Bill No. 531–Committee on Judiciary

 

CHAPTER 266

 

AN ACT relating to controlled substances; providing an additional or alternative penalty if a person sustains substantial bodily harm or death during the discovery or cleanup of the premises wherein certain controlled substances were unlawfully manufactured or compounded; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.

      2.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

 


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ê2005 Statutes of Nevada, Page 946 (Chapter 266, AB 531)ê

 

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      3.  Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “premises” means:

      (a) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or

      (b) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,

Ê whether located aboveground or underground and whether inhabited or not.

      Sec. 2.  NRS 193.169 is hereby amended to read as follows:

      193.169  1.  A person who is sentenced to an additional term of imprisonment pursuant to the provisions of subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, subsection 1 of NRS 193.1685, NRS 453.3335, 453.3345 or 453.3351 or subsection 1 of section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to any of the other listed sections even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      2.  A person who is sentenced to an alternative term of imprisonment pursuant to subsection 2 of NRS 193.161 , [or] subsection 2 of NRS 193.1685 or subsection 2 of section 1 of this act must not be sentenced to an additional term of imprisonment pursuant to subsection 1 of NRS 193.161, NRS 193.162, 193.163, 193.165, 193.166, 193.167, 193.1675, 193.168, 453.3335, 453.3345 or 453.3351 even if the person’s conduct satisfies the requirements for imposing an additional term of imprisonment pursuant to another one or more of those sections.

      3.  This section does not:

      (a) Affect other penalties or limitations upon probation or suspension of a sentence contained in the sections listed in subsection 1 or 2.

      (b) Prohibit alleging in the alternative in the indictment or information that the person’s conduct satisfies the requirements of more than one of the sections listed in subsection 1 or 2 and introducing evidence to prove the alternative allegations.

 


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ê2005 Statutes of Nevada, Page 947 (Chapter 266, AB 531)ê

 

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

________

 

CHAPTER 267, SB 155

Senate Bill No. 155–Senators Titus, Wiener, Horsford, Care, Carlton, Coffin, Lee, Mathews and Schneider

 

Joint Sponsor: Assemblywoman Leslie

 

CHAPTER 267

 

AN ACT relating to public health; requiring hospitals to provide patients with certain information regarding the Bureau for Hospital Patients; requiring hospitals to provide patients with certain information regarding the reduction and discounting of charges; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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, 449.715 and 449.720.

      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.

      3.  In addition to the requirements of subsections 1 and 2, every hospital shall, upon the admission of a patient to the hospital, provide to the patient or his legal representative a written disclosure approved by the Director, which written disclosure must set forth:

      (a) Notice of the existence of the Bureau for Hospital Patients created pursuant to NRS 223.575;

      (b) The address and telephone number of the Bureau; and

      (c) An explanation of the services provided by the Bureau, including, without limitation, the services for dispute resolution described in subsection 3 of NRS 223.575.

      4.  In addition to the requirements of subsections 1, 2 and 3, every hospital shall, upon the discharge of a patient from the hospital, provide to the patient or his legal representative a written disclosure approved by the director, which written disclosure must set forth:

      (a) If the hospital is a major hospital:

             (1) Notice of the reduction or discount available pursuant to NRS 439B.260, including, without limitation, notice of the criteria a patient must satisfy to qualify for a reduction or discount under that section; and

             (2) Notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, which policies and procedures are in addition to any reduction or discount required to be provided pursuant to NRS 439B.260.

 


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ê2005 Statutes of Nevada, Page 948 (Chapter 267, SB 155)ê

 

NRS 439B.260. The notice required by this subparagraph must describe the criteria a patient must satisfy to qualify for the additional reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

      (b) If the hospital is not a major hospital, notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons. The notice required by this paragraph must describe the criteria a patient must satisfy to qualify for the reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

Ê As used in this subsection, “major hospital” has the meaning ascribed to it in NRS 439B.115.

      5.  In addition to the requirements of subsections 1 to 4, inclusive, every hospital shall post in a conspicuous place in each public waiting room in the hospital a legible sign or notice in 14-point type or larger, which sign or notice must:

      (a) Provide a brief description of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, including, without limitation:

             (1) Instructions for receiving additional information regarding such policies and procedures; and

             (2) Instructions for arranging to make payment;

      (b) Be written in language that is easy to understand; and

      (c) Be written in English and Spanish.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 268, SB 122

Senate Bill No. 122–Senators Raggio, Townsend, Cegavske, Beers, Washington, Amodei, Care, Carlton, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Nolan, Rhoads, Schneider, Tiffany, Titus and Wiener

 

Joint Sponsors: Assemblymen Manendo, Parks, McCleary, Ohrenschall, Allen, Anderson, Atkinson, Buckley, Carpenter, Claborn, Conklin, Denis, Gerhardt, Giunchigliani, Goicoechea, Hogan, Holcomb, Horne, Kirkpatrick, Koivisto, Leslie, McClain, Mortenson, Munford, Oceguera, Parnell, Perkins, Pierce and Smith

 

CHAPTER 268

 

AN ACT relating to public employees’ retirement; authorizing certain public employees who served on active military duty during Operation Desert Storm, Operation Enduring Freedom or Operation Iraqi Freedom to purchase additional years of service in the Public Employees’ Retirement System; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 949 (Chapter 268, SB 122)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.300 is hereby amended to read as follows:

      286.300  Except as otherwise required as a result of NRS 286.537:

      1.  Any member of the System may, except as otherwise provided in subsection [4,] 5, purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the System, even if the service is still creditable in some other system where it cannot be cancelled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service. The member must pay the full actuarial cost as determined by the actuary.

      2.  In addition to the [purchase] purchases authorized pursuant to the provisions of [subsection 1,] subsections 1 and 3, any member who has 5 years of creditable service may, except as otherwise provided in subsection [4,] 5, purchase up to 5 years of service. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

      3.  In addition to the purchases authorized pursuant to the provisions of subsections 1 and 2 and in addition to any free credit received pursuant to NRS 286.303 and 286.479, any member who has 5 years of creditable service, served on active military duty during the period beginning on the date proclaimed by the President of the United States as the date on which Operation Desert Storm, Operation Enduring Freedom or Operation Iraqi Freedom began and was honorably discharged or released from active duty may, except as otherwise provided in subsection 5, purchase a number of months of service equal to the number of full months he served on active military duty, but in no case may the service purchased pursuant to this subsection exceed 3 years. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

      4.  In addition to the [purchase] purchases authorized pursuant to the provisions of [subsection 1,] subsections 1 and 3, any member who:

      (a) Is a licensed teacher;

      (b) Has 5 years of creditable service;

      (c) Is, pursuant to statute, regulation or contract, entitled to payment for unused sick leave; and

      (d) Is employed by the board of trustees of a school district that has, pursuant to subsection 5 of NRS 391.180, provided for the payment of unused sick leave in the form of purchase of service,

Ê may, except as otherwise provided in subsection [4,] 5, cause to be purchased on his behalf service credit, not to exceed the number of hours of unused sick leave or 1 year, whichever is less. The full actuarial cost of the service as determined by an actuary of the System must be paid for such a purchase. Any service credit purchased pursuant to this subsection must be included as a part of, and is not in addition to, service purchased pursuant to subsection 2.

      [4.] 5.  A person who becomes a member of the System for the first time on or after January 1, 2000, may, on or after July 1, 2001, purchase creditable service pursuant to subsection 1 [or 2,] , 2 or 3, or cause to be purchased on his behalf service credit pursuant to subsection [3,] 4, only if, at the time of the purchase, he is employed by a participating public employer in a position eligible for membership in the System.

 


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ê2005 Statutes of Nevada, Page 950 (Chapter 268, SB 122)ê

 

      [5.] 6.  Any member of the System may use:

      (a) All or any portion of the balance of the member’s interest in a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); or

      (b) The money contained in an individual retirement account or an individual retirement annuity of a member, the entire amount of which is:

             (1) Attributable to a qualified distribution from a qualified trust pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a); and

             (2) Qualified as an eligible rollover distribution pursuant to section 402 of the Internal Revenue Code, 26 U.S.C. § 402,

Ê to purchase creditable service pursuant to subsection 1 [or 2.

      6.] , 2 or 3.

      7.  A member of the System who purchases creditable service pursuant to subsection 1 [or 2] , 2 or 3 is entitled to receive a refund of any contributions paid toward the purchase of the service only if he is no longer in the employ of a participating public employer.

      [7.] 8.  If a member of the System enters into an agreement whereby he agrees to pay for the purchase of service credit in installments and he defaults on that agreement, the member is entitled to receive service credit in the proportion that the principal paid bears to the principal due under the agreement.

      Sec. 2.  NRS 286.367 is hereby amended to read as follows:

      286.367  1.  The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of those volunteers addressed to the Board, become members of the System. A volunteer firefighter who joins a fire department of which all the volunteers have become members of the System becomes a member of the System. The volunteers of a participating fire department may withdraw from the System by the joint application of a majority of those volunteers addressed to the Board.

      2.  The city, town, county or district which recognizes the volunteers is the public employer and shall collect and pay over the employee’s share and pay the employer’s share of the contribution to the Public Employees’ Retirement Fund and the Public Employees’ Retirement Administrative Fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no further contributions may be placed in a volunteer’s account with the System or refunded to a volunteer or his employer upon the volunteer’s termination.

      3.  In determining the amount of contributions to be paid for the volunteers, they are assumed to be receiving a wage established by the local government which is not less than $150 nor more than $750 per month.

      4.  Except as otherwise required as a result of NRS 286.535 or 286.537, the average compensation for a volunteer firefighter is the weighted average of:

      (a) The assumed wage as a volunteer firefighter; and

      (b) The average salary in other covered employment which, if the service in that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.

 


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ê2005 Statutes of Nevada, Page 951 (Chapter 268, SB 122)ê

 

Ê The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. Except as otherwise required as a result of NRS 286.535 or 286.537, average compensation is computed from the sum of the assumed wage and actual salary if a member is employed simultaneously as a volunteer firefighter and as a regular member.

      5.  Any dispute over the status of a person as a volunteer firefighter under this section must be conclusively determined by the Board.

      6.  A volunteer firefighter may purchase all previous service as a volunteer firefighter with any volunteer fire department which is a member of the System. To validate such service, the volunteer firefighter must pay the full cost as determined by the actuary. The employing agency may pay the employer’s share of the cost but is not required to do so.

      7.  In addition to the [purchase] purchases authorized pursuant to the provisions of [subsection 6,] subsections 6 and 8, a volunteer firefighter who has 5 years creditable service as a volunteer firefighter may purchase up to 5 years of service to add to his volunteer service. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

      8.  In addition to the purchases authorized pursuant to the provisions of subsections 6 and 7 and in addition to any free credit received pursuant to NRS 286.303 and 286.479, a volunteer firefighter who has 5 years of creditable service as a volunteer firefighter, served on active military duty during the period beginning on the date proclaimed by the President of the United States as the date on which Operation Desert Storm, Operation Enduring Freedom or Operation Iraqi Freedom began and was honorably discharged or released from active duty may purchase a number of months of service equal to the number of full months he served on active military duty, but in no case may the service purchased pursuant to this subsection exceed 3 years. The member must pay the full actuarial cost of the service as determined by an actuary of the System.

      Sec. 3.  NRS 391.180 is hereby amended to read as follows:

      391.180  1.  As used in this section, “employee” means any employee of a school district or charter school in this State.

      2.  A school month in any public school in this State consists of 4 weeks of 5 days each.

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.

      5.  Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. In addition, boards of trustees may either prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick leave to licensed teachers in the form of purchase of service pursuant to subsection [3] 4 of NRS 286.300.


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ê2005 Statutes of Nevada, Page 952 (Chapter 268, SB 122)ê

 

The amount of service so purchased must not exceed the number of hours of unused sick leave or 1 year, whichever is less.

      6.  The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that he has accumulated must be transferred from his former school district or charter school to his new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:

      (a) Shall first use the sick leave credited to the employee from the district or charter school into which he transferred before using any of the transferred leave; and

      (b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.

      7.  Subject to the provisions of subsection 8:

      (a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.

      (b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.

      8.  If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

      9.  If any subject referred to in this section is included in an agreement or contract negotiated by:

      (a) The board of trustees of a school district pursuant to chapter 288 of NRS; or

      (b) The governing body of a charter school pursuant to NRS 386.595,

Ê the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

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

________

 

 


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

ê2005 Statutes of Nevada, Page 953ê

 

CHAPTER 269, SB 450

Senate Bill No. 450–Committee on Judiciary

 

CHAPTER 269

 

AN ACT relating to protective orders; making various changes to the provisions governing temporary and extended orders for protection against stalking, aggravated stalking, harassment and domestic violence and for the protection of children; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.166 is hereby amended to read as follows:

      193.166  1.  Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 5 of NRS 200.591, in violation of:

      (a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

      (b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;

      (c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;

      (d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or

      [(d)] (e) A temporary or extended order issued pursuant to NRS 200.591,

Ê shall be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a term equal to and in addition to the term of imprisonment prescribed by statute for that crime. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person 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 5 years. The sentence prescribed by this section runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

      2.  The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, or battery which results in substantial bodily harm if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

      3.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 2.  NRS 200.591 is hereby amended to read as follows:

      200.591  1.  [A] In addition to any other remedy provided by law, a person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:

 


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ê2005 Statutes of Nevada, Page 954 (Chapter 269, SB 450)ê

 

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person [,] named in the order, including , without limitation, a member of the family or the household of the victim [, specifically named by the court.] of the alleged crime.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      2.  If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or is found guilty at the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person [,] named in the order, including , without limitation, a member of the family or the household of the victim [, specifically named by the court.] of the alleged crime.

      (c) Comply with any other restriction which the court deems necessary to protect the victim of the alleged crime or to protect any other person named in the order, including, without limitation, a member of the family or the household of the victim of the alleged crime.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after [notice to] :

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and [a]

      (b) A hearing is held on the petition.

      4.  If an extended order is issued by a justice’s court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      5.  [Any] Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

 


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

ê2005 Statutes of Nevada, Page 955 (Chapter 269, SB 450)ê

 

      Sec. 3.  NRS 200.597 is hereby amended to read as follows:

      200.597  1.  Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

      2.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has [reasonable] probable cause to believe that:

      (a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;

      (b) The person to be arrested has [received] been served with a copy of the order; and

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

      3.  Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 200.591.

      Sec. 4.  NRS 33.100 is hereby amended to read as follows:

      33.100  A person who intentionally violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

      Sec. 5.  NRS 33.270 is hereby amended to read as follows:

      33.270  1.  The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to NRS 33.250 that harassment in the workplace has occurred.

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

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

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

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

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

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

             (2) The facts supporting waiver of notice requirements.

 


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

      6.  If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or his authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. [Such] If such an application is filed, the temporary order remains in effect until the hearing on the application for an extended order is held. The application must:

      (a) In addition to the information required by subsection 2 of NRS 33.250, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

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

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

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

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

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

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

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

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

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

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

      Sec. 6.  NRS 33.350 is hereby amended to read as follows:

      33.350  [1.]  A person who intentionally violates a temporary or extended order for protection against harassment in the workplace is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

 


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that constitutes the violation of the order. [If the violation is accompanied by a violent physical act by that person against a person protected by the order, the court shall:

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

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

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

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

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

      Sec. 7.  NRS 33.400 is hereby amended to read as follows:

      33.400  1.  In addition to any other remedy provided by law, the parent or guardian of a child may petition any court of competent jurisdiction on behalf of the child for a temporary or extended order against a person who is 18 years of age or older and who the parent or guardian reasonably believes has committed or is committing a crime involving:

      (a) Physical or mental injury to the child of a nonaccidental nature; or

      (b) Sexual abuse or sexual exploitation of the child.

      2.  If such an order on behalf of a child is granted, the court may direct the person who allegedly committed or is committing the crime to:

      (a) Stay away from the home, school, business or place of employment of the child and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the child and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      (c) Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court who may include, without limitation, a member of the family or the household of the child.

      3.  If a defendant charged with committing a crime described in subsection 1 is released from custody before trial or is found guilty during the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the child against whom the alleged crime was committed and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the child against whom the alleged crime was committed and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      (c) Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court who may include, without limitation, a member of the family or the household of the child.

 


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ê2005 Statutes of Nevada, Page 958 (Chapter 269, SB 450)ê

 

court who may include, without limitation, a member of the family or the household of the child.

      4.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after [notice to] :

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and [a]

      (b) A hearing is held on the petition.

      5.  If an extended order is issued by a justice’s court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      6.  [Any] Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      7.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

      Sec. 8.  NRS 33.430 is hereby amended to read as follows:

      33.430  1.  Each court that issues an order pursuant to NRS 33.400 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

      2.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has [reasonable] probable cause to believe that:

      (a) An order has been issued pursuant to NRS 33.400 to the person to be arrested;

      (b) The person to be arrested has [received] been served with a copy of the order; and

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

      3.  Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 33.400.

      Sec. 9.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 270, SB 64

Senate Bill No. 64–Senator Rhoads

 

CHAPTER 270

 

AN ACT relating to the distribution of estates; providing that the owner of an interest in real property may convey his interest to a grantee in a deed which becomes effective upon the death of the owner as the sole and separate property of the grantee without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of the grantee; requiring certain documents relating to the conveyance of real property by such deeds to be filed with a county recorder; exempting from the real property transfer tax a conveyance of real property by deed which becomes effective upon the death of the grantor; extending the time within which a nonvested property interest must vest or terminate; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 959 (Chapter 270, SB 64)ê

 

a quitclaim deed or disclaimer by the spouse of the grantee; requiring certain documents relating to the conveyance of real property by such deeds to be filed with a county recorder; exempting from the real property transfer tax a conveyance of real property by deed which becomes effective upon the death of the grantor; extending the time within which a nonvested property interest must vest or terminate; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 111.1031 is hereby amended to read as follows:

      111.1031  1.  A nonvested property interest is invalid unless:

      (a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or

      (b) The interest either vests or terminates within [150] 365 years after its creation.

      2.  A general power of appointment not presently exercisable because of a condition precedent is invalid unless:

      (a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or

      (b) The condition precedent either is satisfied or becomes impossible to satisfy within [150] 365 years after its creation.

      3.  A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:

      (a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or

      (b) The power is irrevocably exercised or otherwise terminates within [150] 365 years after its creation.

      4.  In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.

      5.  If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:

      (a) The expiration of a period of time not exceeding 21 years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or

      (b) The expiration of a period of time that exceeds or might exceed 21 years after the death of the survivor of lives in being at the creation of the trust or other property arrangement,

Ê that language is inoperative to the extent it produces a period of time that exceeds 21 years after the death of the survivor of the specified lives.

 


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ê2005 Statutes of Nevada, Page 960 (Chapter 270, SB 64)ê

 

      Sec. 2.  NRS 111.1035 is hereby amended to read as follows:

      111.1035  Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the [150] 365 years allowed by paragraph (b) of subsection 1, paragraph (b) of subsection 2 or paragraph (b) of subsection 3 of NRS 111.1031 if:

      1.  A nonvested property interest or a power of appointment becomes invalid under NRS 111.1031;

      2.  A class gift is not but might become invalid under NRS 111.1031 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

      3.  A nonvested property interest that is not validated by paragraph (a) of subsection 1 of NRS 111.1031 can vest but not within [150] 365 years after its creation.

      Sec. 3.  NRS 111.109 is hereby amended to read as follows:

      111.109  1.  The owner of an interest in real property may create a deed that conveys his interest in real property to a grantee which becomes effective upon the death of the owner. Such a conveyance is subject to liens on the property in existence on the date of the death of the owner.

      2.  The owner of an interest in real property who creates a deed pursuant to subsection 1 may designate in the deed:

      (a) Multiple grantees who will take title to the property upon his death as joint tenants with right of survivorship, tenants in common, husband and wife as community property, community property with right of survivorship or any other tenancy that is recognized in this State.

      (b) [A successor in interest to the grantee. If a successor in interest is designated, the deed must include a provision stating the condition precedent for the interest of the successor to vest.] A grantee or multiple grantees who will take title to the property upon his death as the sole and separate property of the grantee or grantees without the necessity of the filing of a quitclaim deed or disclaimer by the spouse of any grantee.

      3.  If the owner of the real property which is the subject of a deed created pursuant to subsection 1 holds the interest in the property as a joint tenant with right of survivorship or as community property with the right of survivorship and:

      (a) The deed includes a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the last surviving owner; or

      (b) The deed does not include a conveyance of the interest from each of the other owners, the deed becomes effective on the date of the death of the owner who created the deed only if the owner who conveyed his interest in real property to the grantee is the last surviving owner.

      4.  If an owner of an interest in real property who creates a deed pursuant to subsection 1 transfers his interest in the real property to another person during his lifetime, the deed created pursuant to subsection 1 is void.

      5.  If an owner of an interest in real property who creates a deed pursuant to subsection 1 executes and records more than one deed concerning the same real property, the deed that is last recorded before the death of the owner is the effective deed.

      6.  A deed created pursuant to subsection 1 is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the death of the last surviving owner.

 


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ê2005 Statutes of Nevada, Page 961 (Chapter 270, SB 64)ê

 

the death of the last surviving owner. The deed must be in substantially the following form:

 

DEED

 

I (We) ______________ (owner) hereby convey to _____________ (grantee), effective on my (our) death, the following described real property:

(Legal Description)

 

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. THIS DEED REVOKES ALL PRIOR DEEDS BY THE GRANTOR WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO SUBSECTION 1 OF NRS 111.109 REGARDLESS OF WHETHER THE PRIOR DEEDS FAILED TO CONVEY THE GRANTOR’S ENTIRE INTEREST IN THE SAME REAL PROPERTY.

 

                                                                                _________________________

                                                                                        (Signature of Grantor)

 

      7.  A deed created pursuant to subsection 1 may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who created the deed. The revocation is valid only if executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner who executes the revocation. If the property is held as joint tenants with right of survivorship or as community property with the right of survivorship and the revocation is not executed by all of the owners, the revocation does not become effective unless the revocation is executed and recorded by the last surviving owner. The revocation of deed must be in substantially the following form:

 

REVOCATION OF DEED

 

The undersigned hereby revokes the deed recorded on ___________ (date), in docket or book ____________, at page _____, or instrument number _________, records of ______________ County, Nevada.

 

____________________                                 _________________________

                  (Date)                                                                    (Signature)

 

      8.  Upon the death of the last grantor of a deed created pursuant to subsection 1, a declaration of value of real property pursuant to NRS 375.060 and a copy of the death certificate of each grantor must be attached to a Death of Grantor Affidavit and recorded in the office of the county recorder where the deed was recorded. The Death of Grantor Affidavit must be in substantially the following form:

 

 


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ê2005 Statutes of Nevada, Page 962 (Chapter 270, SB 64)ê

 

DEATH OF GRANTOR AFFIDAVIT

 

__________________ (affiant name), being duly sworn, deposes and says that _______________ (name of deceased), the decedent mentioned in the attached certified copy of the Certificate of Death, is the same person as __________________ (name of grantor), named as the grantor or as one of the grantors in the deed recorded on ___________ (date), in docket or book ____________, at page _____, or instrument number _________, records of ______________ County, Nevada, covering the following described property:

(Legal Description)

__________________ (affiant name) is the grantee or at least one of the grantees to whom the real property is conveyed upon the death of the grantor ____________________ (name of deceased) or is the authorized representative of the grantee or at least one of the grantees.

 

____________________                                 _________________________

                  (Date)                                                                    (Signature)

 

      9.  The provisions of this section must not be construed to limit the recovery of benefits paid for Medicaid.

      Sec. 4.  NRS 375.090 is hereby amended to read as follows:

      375.090  The taxes imposed by NRS 375.020, 375.023 and 375.026 do not apply to:

      1.  A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.

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

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

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

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

      6.  A transfer of title to or from a trust without consideration if a certificate of trust is presented at the time of transfer.

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

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

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

      10.  A conveyance of real property by deed which becomes effective upon the death of the grantor pursuant to NRS 111.109.

 


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ê2005 Statutes of Nevada, Page 963 (Chapter 270, SB 64)ê

 

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

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

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

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

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

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

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

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

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

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

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

      Sec. 5.  NRS 388.750 is hereby amended to read as follows:

      388.750  1.  An educational foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection [12] 13 of NRS 375.090.

      2.  An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

      3.  As used in this section, “educational foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      (a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;

      (b) Formed pursuant to the laws of this State; and

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 6.  NRS 396.405 is hereby amended to read as follows:

      396.405  1.  A university foundation:

      (a) Shall comply with the provisions of chapter 241 of NRS;

      (b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;

      (c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection [13] 14 of NRS 375.090; and

 


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ê2005 Statutes of Nevada, Page 964 (Chapter 270, SB 64)ê

 

      (d) May allow a president or an administrator of the university or community college which it supports to serve as a member of its governing body.

      2.  A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.

      3.  As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:

      (a) Organized and operated exclusively for the purpose of supporting a university or a community college;

      (b) Formed pursuant to the laws of this State; and

      (c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 7.  1.  This section and sections 3 to 6, inclusive, of this act become effective on July 1, 2005.

      2.  Sections 1 and 2 of this act become effective at 12:01 a.m. on October 1, 2005.

________

 

CHAPTER 271, SB 134

Senate Bill No. 134–Senators Mathews, Wiener, Titus and Coffin

 

CHAPTER 271

 

AN ACT relating to interpreters; requiring providers of Communication Access Realtime Translation to meet certain qualifications; prohibiting certain acts relating to such providers; providing a penalty; extending the effective date for the application of penalties to certain persons who engage in the practice of interpreting in public schools and private schools; requiring the Legislative Committee on Persons with Disabilities to study certain issues related to the provision of communication services for pupils who are deaf or hearing impaired and for all residents of this State who are deaf or hearing impaired; requiring the boards of trustees of school districts to review certain information related to the salaries of persons who provide interpreting services in public schools; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 656A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Communication Access Realtime Translation” and “realtime captioning” mean the immediate, verbatim translation of the spoken word into English text using a stenographic machine or voice recognition software, and a computer and realtime captioning software.

      Sec. 3.  “Practice of realtime captioning” means the facilitation of communication between persons who are deaf or whose hearing is impaired and other persons through the use of Communication Access Realtime Translation.

 


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ê2005 Statutes of Nevada, Page 965 (Chapter 271, SB 134)ê

 

impaired and other persons through the use of Communication Access Realtime Translation.

      Sec. 4.  “Realtime captioning provider” means a person who is qualified to engage in the practice of realtime captioning in this State pursuant to section 5 of this act.

      Sec. 5.  A person who wishes to engage in the practice of realtime captioning in this State must:

      1.  Be at least 18 years of age;

      2.  Have at least a high school diploma or a general equivalency diploma;

      3.  Be capable of providing the type of realtime captioning services required for persons who are deaf or whose hearing is impaired; and

      4.  Have:

      (a) Been certified as a court reporter by the Certified Court Reporters’ Board of Nevada pursuant to chapter 656 of NRS; or

      (b) Been issued at least one of the following certifications by the National Court Reporters Association or its successor organization:

             (1) Registered Professional Reporter;

             (2) Certified Communication Access Realtime Translation Provider;

             (3) Certified Broadcast Captioner; or

             (4) Certified Realtime Reporter.

      Sec. 6.  NRS 656A.010 is hereby amended to read as follows:

      656A.010  The practice of interpreting [is] and the practice of realtime captioning are hereby declared to be [a learned profession,] learned professions, affecting public health, safety and welfare, and [is] are subject to regulation to protect the general public from the practice of interpreting and the practice of realtime captioning by unqualified persons.

      Sec. 7.  NRS 656A.020 is hereby amended to read as follows:

      656A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.030 to 656A.060, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 656A.070 is hereby amended to read as follows:

      656A.070  The provisions of this chapter do not apply to a person who:

      1.  Is licensed in another state to engage in the practice of interpreting or the practice of realtime captioning and who engages in the practice of interpreting or the practice of realtime captioning, respectively, in this State:

      (a) For a period of not more than 30 nonconsecutive days in a calendar year; or

      (b) By teleconference if the interpreting services or realtime captioning services provided by that person are necessary because an interpreter or realtime captioning provider is unavailable to provide those services in person or by teleconference;

      2.  Engages in the practice of interpreting or the practice of realtime captioning solely for meetings of nonprofit civic or religious organizations;

      3.  Engages in the practice of interpreting or the practice of realtime captioning as necessary for the provision of an emergency medical or governmental service to a person who is deaf or whose hearing is impaired; or

      4.  Engages occasionally in the practice of interpreting in a social situation that does not require a qualified interpreter pursuant to the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.,

 


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provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, or the regulations adopted pursuant to those provisions.

      Sec. 9.  NRS 656A.800 is hereby amended to read as follows:

      656A.800  1.  It is unlawful for a person to:

      (a) Engage in the practice of interpreting in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of interpreting in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is an interpreter,

Ê without first complying with the requirements set forth in NRS 656A.100.

      2.  It is unlawful for a person to:

      (a) Engage in the practice of realtime captioning in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of realtime captioning in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is a realtime captioning provider,

Ê without first complying with the requirements set forth in section 5 of this act.

      3.  A person who violates the provisions of subsection 1 [:] or 2:

      (a) Is guilty of a misdemeanor; and

      (b) May be assessed a civil penalty of not more than $5,000.

      [3.] 4.  An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the Attorney General.

      Sec. 10.  If a person engages in the practice of interpreting pursuant to subsection 4 of NRS 656A.100 on or before the effective date of this section:

      1.  Any applicable 3-year limitation prescribed in subsection 4 of NRS 656A.100 that would have expired before July 1, 2007, is extended for that person until July 1, 2007; and

      2.  The provisions of NRS 656A.800, as amended by this act, do not apply to that person until July 1, 2007,

Ê if the person makes satisfactory and deliberate progress, as determined by the school district, charter school or private school that employs the person, toward complying with the requirements of paragraph (a) or (b) of subsection 3 of NRS 656A.100 during the period of his employment.

      Sec. 11.  1.  The Legislative Committee on Persons with Disabilities shall, during the 2005-2007 interim, conduct a study to determine:

      (a) The manner by which school districts can adequately and successfully meet the needs of pupils who are deaf and pupils who are hearing impaired, including, without limitation, ensuring that persons who provide interpreting services to those pupils are certified pursuant to NRS 656A.100;

      (b) The manner by which community service agencies in this State can adequately and successfully meet the needs of the residents of this State who are deaf and the residents who are hearing impaired, including, without limitation, the provision of accessible communications;

      (c) The feasibility of developing alternative methods of pooling resources among various agencies to better serve the needs of the deaf and hearing impaired community; and

 


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      (d) Methods by which this State and the local governments of this State can meet the growing demand for trained and certified interpreters and communication facilitators who facilitate accessible communications.

      2.  In conducting the study pursuant to subsection 1, the Legislative Committee on Persons with Disabilities shall work in consultation with and solicit advice and recommendations from the Department of Human Resources, the Office of Disability Services of the Department of Human Resources and the Deaf and Hard of Hearing Advocacy Resource Center.

      3.  The Legislative Committee on Persons with Disabilities shall submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      Sec. 12.  The boards of trustees of the school districts in this State shall review the salaries paid to persons who provide interpreting services for pupils who are deaf and pupils who are hearing impaired, including, without limitation, a comparison of whether those salaries are commensurate with the salaries that are paid to similarly qualified persons employed by school districts in this State as well as salaries that are paid to persons in other states who provide interpreting services to pupils.

      Sec. 13.  1.  This section and section 10 of this act become effective upon passage and approval.

      2.  Sections 11 and 12 of this act become effective on July 1, 2005.

      3.  Sections 1 to 9, inclusive, of this act become effective on October 1, 2005.

________

 

CHAPTER 272, SB 280

Senate Bill No. 280–Senator Cegavske

 

Joint Sponsor: Assemblywoman Giunchigliani

 

CHAPTER 272

 

AN ACT relating to mental health; authorizing certain entities which provide transportation services to transport an allegedly mentally ill person to a mental health facility or hospital to allow for an application for the emergency admission of the allegedly mentally ill person to be made; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433A.160 is hereby amended to read as follows:

      433A.160  1.  Except as otherwise provided in subsection 2, an application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, marriage and family therapist, social worker or registered nurse. The agent, officer, physician, psychologist, marriage and family therapist, social worker or registered nurse may:

      (a) Without a warrant:

 


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             (1) Take an allegedly mentally ill person into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

                   (I) A local law enforcement agency;

                   (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Transportation Services Authority; [or]

                   (III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or

                   (IV) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê only if the agent, officer, physician, psychologist, marriage and family therapist, social worker or registered nurse has, based upon his personal observation of the allegedly mentally ill person, probable cause to believe that the person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.

      (b) Apply to a district court for an order requiring:

             (1) Any peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and

             (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.

Ê The district court may issue such an order only if it is satisfied that there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness is likely to harm himself or others if allowed his liberty.

      2.  An application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the allegedly mentally ill person may apply to a district court for an order described in paragraph (b) of subsection 1.

      3.  The application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.

      4.  As used in subsection 1, “an accredited agent of the Department” means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      5.  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation.

 


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conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

________

 

CHAPTER 273, SB 18

Senate Bill No. 18–Senator McGinness

 

CHAPTER 273

 

AN ACT relating to water; authorizing grants for certain costs associated with connections to municipal water systems; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.981 is hereby amended to read as follows:

      349.981  1.  There is hereby established a program to provide grants of money to:

      (a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Board of Health pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

      (b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

             (1) Piping or lining of an irrigation canal;

             (2) Recovery or recycling of wastewater or tailwater;

             (3) Scheduling of irrigation;

             (4) Measurement or metering of the use of water;

             (5) Improving the efficiency of irrigation operations; and

             (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

      (c) An eligible recipient [,] to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:

             (1) Any local or regional fee for connection to the municipal water system.

             (2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.

      (d) An eligible recipient [,] to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:

 


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pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:

             (1) Any local or regional fee for connection to the community sewage disposal system.

             (2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

      (e) An eligible recipient to pay the following costs associated with connecting a well to a municipal water system, if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:

             (1) Any local or regional fee for connection to the municipal water system.

             (2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.

      3.  As used in this section, “eligible recipient” means a political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 274, SB 307

Senate Bill No. 307–Senator McGinness

 

CHAPTER 274

 

AN ACT relating to assessment of property; authorizing local assessment of the property of unscheduled air transport companies that only use three or fewer small planes; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.320 is hereby amended to read as follows:

      361.320  1.  At the regular session of the Nevada Tax Commission commencing on the first Monday in October of each year, the Nevada Tax Commission shall examine the reports filed pursuant to NRS 361.318 and establish the valuation for assessment purposes of any property of an interstate or intercounty nature used directly in the operation of all interstate or intercounty railroad, sleeping car, private car, natural gas transmission and distribution, water, telephone, scheduled and unscheduled air transport, electric light and power companies, and the property of all railway express companies operating on any common or contract carrier in this State. This valuation must not include the value of vehicles as defined in NRS 371.020.

 


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      2.  Except as otherwise provided in subsections 3, 4 and 7 and NRS 361.323, the Nevada Tax Commission shall establish and fix the valuation of all physical property used directly in the operation of any such business of any such company in this State, as a collective unit. If the company is operating in more than one county, on establishing the unit valuation for the collective property, the Nevada Tax Commission shall then determine the total aggregate mileage operated within the State and within its several counties and apportion the mileage upon a mile-unit valuation basis. The number of miles apportioned to any county are subject to assessment in that county according to the mile-unit valuation established by the Nevada Tax Commission.

      3.  After establishing the valuation, as a collective unit, of a public utility which generates, transmits or distributes electricity, the Nevada Tax Commission shall segregate the value of any project in this State for the generation of electricity which is not yet put to use. This value must be assessed in the county where the project is located and must be taxed at the same rate as other property.

      4.  After establishing the valuation, as a collective unit, of an electric light and power company that places a facility into operation on or after July 1, 2003, in a county whose population is less than 100,000, the Nevada Tax Commission shall segregate the value of the facility from the collective unit. This value must be assessed in the county where the facility is located and taxed at the same rate as other property.

      5.  The Nevada Tax Commission shall adopt formulas and incorporate them in its records, providing the method or methods pursued in fixing and establishing the taxable value of all property assessed by it. The formulas must be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but the formulas must in any event show all the elements of value considered by the Nevada Tax Commission in arriving at and fixing the value for any class of property assessed by it. These formulas must take into account, as indicators of value, the company’s income and the cost of its assets, but the taxable value may not exceed the cost of replacement as appropriately depreciated.

      6.  If two or more persons perform separate functions that collectively are needed to deliver electric service to the final customer and the property used in performing the functions would be centrally assessed if owned by one person, the Nevada Tax Commission shall establish its valuation and apportion the valuation among the several counties in the same manner as the valuation of other centrally assessed property. The Nevada Tax Commission shall determine the proportion of the tax levied upon the property by each county according to the valuation of the contribution of each person to the aggregate valuation of the property. This subsection does not apply to a qualifying facility, as defined in 18 C.F.R. § 292.101, which was constructed before July 1, 1997, or to an exempt wholesale generator, as defined in 15 U.S.C. § 79z-5a.

      7.  A company engaged in a business described in subsection 1 that does not have property of an interstate or intercounty nature must be assessed as provided in subsection 8.

      8.  All other property, including, without limitation, that of any company engaged in providing commercial mobile radio service, radio or television transmission services or cable television services, must be assessed by the county assessors, except as otherwise provided in NRS 361.321 and 362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada Tax Commission as provided in NRS 361.325.

 


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362.100 and except that the valuation of land and mobile homes must be established for assessment purposes by the Nevada Tax Commission as provided in NRS 361.325.

      9.  On or before November 1 of each year, the Department shall forward a tax statement to each private car line company based on the valuation established pursuant to this section and in accordance with the tax levies of the several districts in each county. The company shall remit the ad valorem taxes due on or before December 15 to the Department , which shall allocate the taxes due each county on a mile-unit basis and remit the taxes to the counties no later than January 31. The portion of the taxes which is due the State must be transmitted directly to the State Treasurer. A company which fails to pay the tax within the time required shall pay a penalty of 10 percent of the tax due or $5,000, whichever is greater, in addition to the tax. Any amount paid as a penalty must be deposited in the State General Fund. The Department may, for good cause shown, waive the payment of a penalty pursuant to this subsection. As an alternative to any other method of recovering delinquent taxes provided by this chapter, the Attorney General may bring a civil action in a court of competent jurisdiction to recover delinquent taxes due pursuant to this subsection in the manner provided in NRS 361.560.

      10.  For the purposes of this section, an unscheduled air transport company does not include a company that only uses three or fewer fixed-wing aircraft with a weight of less than 12,500 pounds to provide transportation services, if the company elects, in the form and manner prescribed by the Department, to have the property of the company assessed by a county assessor.

      11.  As used in this section:

      (a) “Company” means any person, company, corporation or association engaged in the business described.

      (b) “Commercial mobile radio service” has the meaning ascribed to it in 47 C.F.R. § 20.3, as that section existed on January 1, 1998.

      Sec. 2.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 275, SB 287

Senate Bill No. 287–Senator Wiener

 

Joint Sponsor: Assemblyman Horne

 

CHAPTER 275

 

AN ACT relating to crimes; prohibiting a person from knowingly and intentionally leaving a child who is 7 years of age or younger in a motor vehicle without certain supervision in certain circumstances; authorizing a prosecuting attorney to inquire into and inspect sealed records concerning such an offense under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 973 (Chapter 275, SB 287)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A parent, legal guardian or other person responsible for a child who is 7 years of age or younger shall not knowingly and intentionally leave that child in a motor vehicle if:

      (a) The conditions present a significant risk to the health and safety of the child; or

      (b) The engine of the motor vehicle is running or the keys to the vehicle are in the ignition,

Ê unless the child is being supervised by and within the sight of a person who is at least 12 years of age.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor. The court may suspend the proceedings against a person who is charged with violating subsection 1 and dismiss the proceedings against the person if the person presents proof to the court, within the time specified by the court, that he has successfully completed an educational program satisfactory to the court. The educational program must include, without limitation, information concerning the dangers of leaving a child unattended or inadequately attended in a motor vehicle.

      3.  A law enforcement officer or other person rendering emergency services who reasonably believes that a violation of this section has occurred may, without incurring civil liability, use any reasonable means necessary to protect the child and to remove the child from the motor vehicle.

      4.  No person may be prosecuted under this section if the conduct would give rise to prosecution under any other provision of law.

      5.  The provisions of this section do not apply to a person who unintentionally locks a motor vehicle with a child in the vehicle.

      6.  As used in this section, “motor vehicle” means every vehicle which is self-propelled but not operated upon rails.

      Sec. 2.  NRS 179.301 is hereby amended to read as follows:

      179.301  1.  The State Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records:

      (a) May form the basis for recommendation, denial or revocation of those licenses.

      (b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

      2.  A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:

      (a) The records relate to a violation or alleged violation of section 1 of this act; and

 


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ê2005 Statutes of Nevada, Page 974 (Chapter 275, SB 287)ê

 

      (b) The person who is the subject of the records has been arrested or issued a citation for violating section 1 of this act.

      3.  The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

      [3.] 4.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his duties.

      [4.] 5.  As used in this section:

      (a) “Information relating to sexual offenses” means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

      (b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073.

________

 

CHAPTER 276, SB 432

Senate Bill No. 432–Committee on Commerce and Labor

 

CHAPTER 276

 

AN ACT relating to property; revising the exemption from execution of certain money, benefits, privileges or immunities accruing or growing out of any life insurance; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $10,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

 


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      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed [$1,000.] $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the [$1,000] $15,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $200,000 in value and the dwelling is situated upon lands not owned by him.

      (n) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

 


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      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      (t) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      (u) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (v) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      (w) Payments received as restitution for a criminal act.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

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ê2005 Statutes of Nevada, Page 977ê

 

CHAPTER 277, SB 415

Senate Bill No. 415–Committee on Government Affairs

 

CHAPTER 277

 

AN ACT relating to meetings of public bodies; authorizing public bodies to hold closed meetings to prepare, revise, administer and grade examinations, and carry out certain other related activities; providing the circumstances under which minutes of meetings closed for such purposes become public records; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 241.030 is hereby amended to read as follows:

      241.030  1.  Except as otherwise provided in NRS 241.031 and 241.033, [nothing contained in this chapter prevents] a public body [from holding] may hold a closed meeting to [consider] :

      (a) Consider the character, alleged misconduct, professional competence, or physical or mental health of a person.

      (b) Prepare, revise, administer or grade examinations that are conducted by or on behalf of the public body.

      (c) Consider an appeal by a person of the results of an examination that was conducted by or on behalf of the public body, except that any action on the appeal must be taken in an open meeting and the identity of the appellant must remain confidential.

      2.  A public body may close a meeting pursuant to subsection 1 upon a motion which specifies the nature of the business to be considered.

      3.  This chapter does not:

      (a) Apply to judicial proceedings.

      (b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical.

      (c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness.

      (d) Require that any meeting be closed to the public.

      (e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body.

      4.  The [exception] exceptions provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 2.  NRS 241.033 is hereby amended to read as follows:

      241.033  1.  A public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has given written notice to that person of the time and place of the meeting. Except as otherwise provided in subsection 2, the written notice must be:

 


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ê2005 Statutes of Nevada, Page 978 (Chapter 277, SB 415)ê

 

      (a) Delivered personally to that person at least 5 working days before the meeting; or

      (b) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

Ê A public body must receive proof of service of the notice required by this subsection before such a meeting may be held.

      2.  The Nevada Athletic Commission is exempt from the requirements of paragraphs (a) and (b) of subsection 1, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.

      3.  A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035, upon the request of any person [whose character, alleged misconduct, professional competence, or physical or mental health was considered at the meeting.] who received written notice of the closed meeting pursuant to subsection 1.

      Sec. 3.  NRS 241.035 is hereby amended to read as follows:

      241.035  1.  Each public body shall keep written minutes of each of its meetings, including:

      (a) The date, time and place of the meeting.

      (b) Those members of the public body who were present and those who were absent.

      (c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each member’s vote on any matter decided by vote.

      (d) The substance of remarks made by any member of the general public who addresses the public body if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.

      (e) Any other information which any member of the public body requests to be included or reflected in the minutes.

      2.  Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to :

      (a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was [discussed] considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.

      (b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.

      (c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.

 


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ê2005 Statutes of Nevada, Page 979 (Chapter 277, SB 415)ê

 

to a copy of the minutes upon request whether or not they become public records.

      3.  All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.

      4.  Each public body may record on audiotape or any other means of sound reproduction each of its meetings, whether public or closed. If a meeting is so recorded:

      (a) The record must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded.

      (b) The record of a public meeting is a public record and must be made available for inspection by the public during the time the record is retained.

Ê Any record made pursuant to this subsection must be made available to the Attorney General upon request.

      5.  If a public body elects to record a public meeting pursuant to the provisions of subsection 4, any portion of that meeting which is closed must also be recorded and must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any record made pursuant to this subsection must be made available to the Attorney General upon request.

      Sec. 4.  NRS 640A.090 is hereby amended to read as follows:

      640A.090  1.  The Board shall:

      (a) Hold at least two meetings a year, the first of which must be held in January. Other meetings may be held at the call of the Chairman or upon the written request of two or more members.

      (b) Elect a Chairman at the regular meeting in January of each year.

      (c) Comply with the provisions of chapter 241 of NRS . [, except that the Board may hold a closed meeting:

             (1) To discuss the contents of an examination for a license; or

             (2) At the request of an applicant who fails an examination given pursuant to this chapter, to discuss the reasons for that failure.]

      2.  A majority of the members of the Board constitutes a quorum.

      Sec. 5.  NRS 656.090 is hereby repealed.

      Sec. 6.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 278, SB 262

Senate Bill No. 262–Senators Raggio and Washington (by request)

 

CHAPTER 278

 

AN ACT relating to outdoor advertising structures; authorizing remedies under certain circumstances if the visibility of an outdoor advertising structure is obstructed as a result of certain highway construction projects; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

 


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ê2005 Statutes of Nevada, Page 980 (Chapter 278, SB 262)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any improvement project is caused to be constructed for purposes of noise abatement by the governing body of a city or county within the right-of-way of a controlled access freeway, which obstructs the visibility from the main traveled way of the controlled access freeway of an outdoor advertising structure that adjoins the controlled access freeway, the governing body of the city or county shall:

      (a) Authorize, with the consent of the Department of Transportation pursuant to chapter 410 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to adjust the height or angle of the structure to a height or angle that restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

      (b) Authorize, with the consent of the Department of Transportation pursuant to chapter 410 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to relocate the structure to another location on the same parcel of land or on another parcel of land where the owner of the structure has secured the right to construct a structure pursuant to the applicable local ordinances in existence at that time and the relocation restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

      (c) Evaluate the impact of the improvement project on the visibility of the outdoor advertising structure and may, in its discretion, implement design modifications to the project which maintain the integrity of the project and which eliminate the effect of the project on the visibility of the structure so that adjustments to or relocation of the structure are not required to maintain its visibility;

      (d) Authorize, with the consent of the Department of Transportation pursuant to chapter 410 of NRS and at no cost to the State or any local government, any other relief which is consistent with the public health, safety and welfare and which is mutually agreed upon by the governing body of the city or county, the Department of Transportation and the owner of the outdoor advertising structure; or

      (e) If the actions described in paragraphs (a) to (d), inclusive, would not result in the same or comparable visibility of the structure, let the visibility of the structure remain obstructed.

      2.  Any action authorized pursuant to subsection 1 must comply with applicable federal and state statutes and regulations, agreements with the Federal Government or the State and, to the extent that their provisions do not conflict with this section, local ordinances governing the regulation of outdoor advertising structures.

      3.  The provisions of subsection 1 do not authorize the owner of an outdoor advertising structure to increase the size of the area of display of the structure.

      4.  A city or county may implement the provisions of this section by ordinance or by variance or waiver from applicable ordinance, rule or regulation.

 


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ê2005 Statutes of Nevada, Page 981 (Chapter 278, SB 262)ê

 

      5.  The provisions of this section:

      (a) Apply to lawfully erected conforming and nonconforming outdoor advertising structures;

      (b) Are not intended to grant an express or implied right of light, air or view over a controlled access freeway if such a right is not otherwise provided by law;

      (c) Do not apply to an outdoor advertising structure whose visibility was obstructed on or before the effective date of this act by an improvement project for noise abatement;

      (d) Do not change the designation of an existing nonconforming outdoor advertising structure from nonconforming to conforming; and

      (e) Do not authorize an increase in the number of nonconforming outdoor advertising structures.

      6.  As used in this section:

      (a) “Controlled access freeway” means every highway to or from which owners or occupants of abutting lands and other persons are prohibited from having direct private access, and where access is allowed only at interchanges; and

      (b) “Outdoor advertising structure” means a billboard, subject to a permit issued by the Department of Transportation, that is designed, intended or used to disseminate commercial and noncommercial messages that do not concern the premises upon which the billboard is located.

      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  Chapter 410 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If any improvement project is caused to be constructed for purposes of noise abatement by the Department within the right-of-way of a controlled access freeway, which obstructs the visibility from the main traveled way of the controlled access freeway of an outdoor advertising structure that adjoins the controlled access freeway, the Department shall:

      (a) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to adjust the height or angle of the structure to a height or angle that restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

      (b) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, the owner of the outdoor advertising structure to relocate the structure to another location on the same parcel of land or on another parcel of land where the owner of the structure has secured the right to construct a structure pursuant to the applicable local ordinances in existence at that time and the relocation restores the visibility of the structure to the same or comparable visibility as before the construction of the improvement project;

      (c) Evaluate the impact of the improvement project on the visibility of the outdoor advertising structure and may, in its discretion, implement design modifications to the project which maintain the integrity of the project and which eliminate the effect of the project on the visibility of the structure so that adjustments to or relocation of the structure are not required to maintain its visibility;

 


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ê2005 Statutes of Nevada, Page 982 (Chapter 278, SB 262)ê

 

project and which eliminate the effect of the project on the visibility of the structure so that adjustments to or relocation of the structure are not required to maintain its visibility;

      (d) Authorize, with the consent of the affected city or county pursuant to chapter 278 of NRS and at no cost to the State or any local government, any other relief which is consistent with the public health, safety and welfare and which is mutually agreed upon by the governing body of the affected city or county, the Department and the owner of the outdoor advertising structure; or

      (e) If the actions described in paragraphs (a) to (d), inclusive, would not result in the same or comparable visibility of the structure, let the visibility of the structure remain obstructed.

      2.  Any action authorized pursuant to subsection 1 must comply with applicable federal and state statutes and regulations, agreements with the Federal Government or the State and, to the extent that their provisions do not conflict with this section, local ordinances governing the regulation of outdoor advertising structures.

      3.  The provisions of subsection 1 do not authorize the owner of an outdoor advertising structure to increase the size of the area of display of the structure.

      4.  The provisions of this section:

      (a) Apply to lawfully erected conforming and nonconforming outdoor advertising structures;

      (b) Are not intended to grant an express or implied right of light, air or view over a controlled access freeway if such a right is not otherwise provided by law;

      (c) Do not apply to an outdoor advertising structure whose visibility was obstructed on or before the effective date of this act by an improvement project for noise abatement;

      (d) Do not change the designation of an existing nonconforming outdoor advertising structure from nonconforming to conforming; and

      (e) Do not authorize an increase in the number of nonconforming outdoor advertising structures.

      5.  As used in this section:

      (a) “Controlled access freeway” means every highway to or from which owners or occupants of abutting lands and other persons are prohibited from having direct private access, and where access is allowed only at interchanges; and

      (b) “Outdoor advertising structure” means a billboard, subject to a permit issued by the Department, that is designed, intended or used to disseminate commercial and noncommercial messages that do not concern the premises upon which the billboard is located.

      Sec. 4.  NRS 410.230 is hereby amended to read as follows:

      410.230  As used in NRS 410.220 to 410.410, inclusive, and section 3 of this act, the words and terms defined in NRS 410.250 to 410.310, inclusive, have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.

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

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ê2005 Statutes of Nevada, Page 983ê

 

CHAPTER 279, SB 251

Senate Bill No. 251–Senators Raggio, Townsend, Hardy, Amodei, Beers, Cegavske, Heck, Mathews, McGinness, Rhoads, Tiffany, Titus, Washington and Wiener

 

Joint Sponsor: Assemblywoman Allen

 

CHAPTER 279

 

AN ACT relating to motor vehicles; authorizing the operation of certain motor vehicles without a front license plate under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.275 is hereby amended to read as follows:

      482.275  1.  The license plates for a motor vehicle other than a motorcycle, power cycle or motor vehicle being transported by a licensed vehicle transporter must be attached thereto, one in [the front and the other in] the rear [.] and, except as otherwise provided in subsection 2, one in the front. The license plate issued for all other vehicles required to be registered must be attached to the rear of the vehicle. The license plates must be so displayed during the current calendar year or registration period.

      2.  If the motor vehicle was not manufactured to include a bracket, device or other contrivance to display and secure a front license plate, and if the manufacturer of the motor vehicle provided no other means or method by which a front license plate may be displayed upon and secured to the motor vehicle:

      (a) One license plate must be attached to the motor vehicle in the rear; and

      (b) The other license plate may, at the option of the owner of the vehicle, be attached to the motor vehicle in the front.

      3.  The provisions of subsection 2 do not relieve the Department of the duty to issue a set of two license plates as otherwise required pursuant to NRS 482.265 or other applicable law and do not entitle the owner of a motor vehicle to pay a reduced tax or fee in connection with the registration or transfer of the motor vehicle. If the owner of a motor vehicle, in accordance with the provisions of subsection 2, exercises the option to attach a license plate only to the rear of the motor vehicle, the owner shall:

      (a) Retain the other license plate; and

      (b) Insofar as it may be practicable, return or surrender both plates to the Department as a set when required by law to do so.

      4.  Every license plate must at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and must be maintained free from foreign materials and in a condition to be clearly legible.

 


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ê2005 Statutes of Nevada, Page 984 (Chapter 279, SB 251)ê

 

      [3.] 5.  Any license plate which is issued to a vehicle transporter or a dealer, rebuilder or manufacturer may be attached to a vehicle owned or controlled by that person by a secure means. No license plate may be displayed loosely in the window or by any other unsecured method in any motor vehicle.

      Sec. 2.  NRS 482.335 is hereby amended to read as follows:

      482.335  1.  No manufacturer, distributor, dealer or rebuilder may operate any vehicle owned or controlled by him upon any public highway, or permit it to be so operated, unless a license plate or license plates assigned to him are attached thereto in the manner specified in this chapter.

      2.  It shall be lawful for a manufacturer, distributor or dealer to operate new vehicles without the plate or plates being attached thereto from the railroad depot, warehouse or other place of storage to the place of business of that manufacturer, distributor or dealer where the depot, warehouse or place of storage is within the same city or town or not more than 5 miles from the place of business.

      Sec. 3.  NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew his special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with his application for renewal a statement from a licensed physician certifying that the person is a person with a permanent disability.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

 


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ê2005 Statutes of Nevada, Page 985 (Chapter 279, SB 251)ê

 

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle.

Ê The application must include a statement from a licensed physician certifying that the applicant is a person with a permanent disability or disability of moderate duration.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew his special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with his application for renewal a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with his application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or a temporary parking sticker for a motorcycle upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant.

 


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ê2005 Statutes of Nevada, Page 986 (Chapter 279, SB 251)ê

 

placard to an applicant. The application must include a certificate from a licensed physician indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background; and

      (b) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with his application for renewal a statement from a licensed physician certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to any other part of the motorcycle which may be easily seen when the motorcycle is parked.

      16.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      17.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      18.  Any person who violates the provisions of subsection 17 is guilty of a misdemeanor.

      19.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

 


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ê2005 Statutes of Nevada, Page 987 (Chapter 279, SB 251)ê

 

      20.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 4.  NRS 484.407 is hereby amended to read as follows:

      484.407  1.  Except as otherwise provided in subsection 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to NRS 482.384, or a special plate or plates for a disabled veteran issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a disabled veteran, or a person transporting any such person.

      2.  An owner or operator of a motor vehicle displaying a special plate or plates for a disabled veteran issued pursuant to NRS 482.377 may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for the handicapped if:

      (a) The parking is done by a disabled veteran; or

      (b) A disabled veteran is a passenger in the motor vehicle being parked.

      3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

      Sec. 5.  NRS 484.408 is hereby amended to read as follows:

      484.408  1.  Any parking space designated for the handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

      (b) Stating “Minimum fine of $100 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for the handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

Ê must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $100 for violation” or similar words indicating that the minimum fine for parking in such a space is $100; and

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

 


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ê2005 Statutes of Nevada, Page 988 (Chapter 279, SB 251)ê

 

whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

      (a) [Special] A special license plate or plates issued pursuant to NRS 482.384;

      (b) A special or temporary parking placard issued pursuant to NRS 482.384;

      (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

      (d) [Special] A special license plate or plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

      (e) [Special] A special license plate or plates for a disabled veteran issued pursuant to NRS 482.377.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for the handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) He is eligible to do so;

      (b) The vehicle displays the special license plate, plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

Ê A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

Ê whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for the handicapped unless he is a person with a permanent disability, disability of moderate duration or temporary disability, a disabled veteran, or the driver of a vehicle in which any such person is a passenger.

      9.  A person who violates any of the provisions of subsections 5 to 8, inclusive, is guilty of a misdemeanor and shall be punished:

      (a) Upon the first offense, by a fine of $100.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

 


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ê2005 Statutes of Nevada, Page 989 (Chapter 279, SB 251)ê

 

      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

      Sec. 6.  NRS 371.190 is hereby amended to read as follows:

      371.190  1.  Every governmental services tax and any penalty added thereto constitute a lien upon the vehicle for which due from the date on which the tax becomes due.

      2.  The Department may collect the tax and any penalty by seizure and sale of the vehicle or, if the Department determines that it is impractical to seize and sell the vehicle, the Nevada highway patrol shall remove the registration certificate and license plate or plates from the vehicle and retain the certificate and plate or plates until the governmental services tax and any penalty are paid.

      3.  The seizure and sale must be conducted by the Department in the same manner as is provided by law for the seizure and sale of personal property for the collection of taxes due on personal property.

      Sec. 7.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 280, SB 438

Senate Bill No. 438–Committee on Finance

 

CHAPTER 280

 

AN ACT relating to the judiciary; authorizing justices of the peace and municipal judges to participate in the Judicial Retirement Plan under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 6, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  A justice of the peace or municipal judge may participate in the Judicial Retirement Plan if:

      (a) The board of county commissioners elects to allow the justices of the peace of the county or the city council elects to allow the municipal judges of the city to participate in the Judicial Retirement Plan; and

      (b) The justice of the peace or the municipal judge elects to participate in the Judicial Retirement Plan.

      2.  Each justice of the peace or municipal judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to this section must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan.

      3.  If the board of county commissioners rescinds its election to allow the justices of the peace of the county or the city council rescinds its election to allow the municipal judges of the city to participate in the Judicial Retirement Plan, any justice of the peace or municipal judge who elected to participate in the Judicial Retirement Plan before the effective date of the rescission is entitled to continue to participate in the Judicial Retirement Plan.

 


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ê2005 Statutes of Nevada, Page 990 (Chapter 280, SB 438)ê

 

date of the rescission is entitled to continue to participate in the Judicial Retirement Plan.

      4.  A justice of the peace or municipal judge who is a member of the Public Employees’ Retirement System established pursuant to chapter 286 of NRS on the date that he elects to participate in the Judicial Retirement Plan must give written notice to the Board of his intention to withdraw from the Public Employees’ Retirement System and to become a member of the Judicial Retirement Plan.

      5.  If the Board receives notice pursuant to this section that a justice of the peace or municipal judge intends to withdraw from the Public Employees’ Retirement System, it shall transfer from the Public Employees’ Retirement Fund to the Judicial Retirement Plan the accrued actuarial liability and credit for service earned by the justice or judge while a member of the Public Employees’ Retirement System as determined by an actuary of the Judicial Retirement System. The service so transferred must be accredited under the Judicial Retirement Plan as if performed in the Public Employees’ Retirement System.

      6.  A justice of the peace or municipal judge who exercises the option granted by this section may not reestablish the service for which the liabilities were transferred.

      7.  No justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge may receive benefits under both this chapter and chapter 286 of NRS.

      8.  A justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge who is receiving a retirement allowance from the Public Employees’ Retirement System on July 1, 2005, is not eligible for transfer to the Judicial Retirement Plan.

      Sec. 2.  NRS 1A.030 is hereby amended to read as follows:

      1A.030  1.  “Compensation” means the salary paid to a justice of the Supreme Court or district judge by this State , to a justice of the peace by a county or to a municipal judge by a city, including:

      (a) Base pay, which is the monthly rate of pay excluding all fringe benefits;

      (b) Additional payment for longevity; and

      (c) Payment for extra duty assignments if it is the standard practice of this State , the county or the city to include such pay in the employment contract or official job description for the calendar year in which it is paid and such pay is specifically included in the justice’s or judge’s employment contract or official job description.

      2.  The term does not include any type of payment not specifically described in this section.

      Sec. 3.  NRS 1A.040 is hereby amended to read as follows:

      1A.040  “Disability retirement allowance” means monthly payments from the Judicial Retirement Fund paid to disabled retired justices of the Supreme Court , [or] district judges , justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.

      Sec. 4.  NRS 1A.060 is hereby amended to read as follows:

      1A.060  “Retired justice or judge” means a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge who was a member of the Judicial Retirement Plan at the time he retired or a justice of the Supreme Court or district judge who decides, pursuant to NRS 1A.270 or 1A.280, to receive benefits for retirement pursuant to the Judicial Retirement Plan.

 


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ê2005 Statutes of Nevada, Page 991 (Chapter 280, SB 438)ê

 

or 1A.280, to receive benefits for retirement pursuant to the Judicial Retirement Plan.

      Sec. 5.  NRS 1A.070 is hereby amended to read as follows:

      1A.070  “Service” means all creditable employment which is validated pursuant to the provisions of this chapter and can be used in determining eligibility and scope of benefits for justices of the Supreme Court , [or] district judges , justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.

      Sec. 6.  NRS 1A.080 is hereby amended to read as follows:

      1A.080  “Service retirement allowance” means monthly payments from the Judicial Retirement Fund paid to a retired justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge pursuant to the Judicial Retirement Plan for the remainder of his life.

      Sec. 7.  NRS 1A.100 is hereby amended to read as follows:

      1A.100  1.  A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court and district judges , and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.

      2.  The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court or district judge who is not a member of the Public Employees’ Retirement System is a member of the Judicial Retirement System.

      3.  The official correspondence and records, other than the files of individual members of the System or retired justices or judges, and the minutes and books of the System are public records and are available for public inspection.

      4.  The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.

      Sec. 8.  NRS 1A.110 is hereby amended to read as follows:

      1A.110  All records maintained for a member of the System, retired justice or judge, justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or his beneficiary may be reviewed and copied only by the System, the member, the Court Administrator, the board of county commissioners if the records concern a justice of the peace or retired justice of the peace whom the board of county commissioners allowed to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the city council if the records concern a municipal judge or retired municipal judge whom the city council allowed to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the spouse of the member, or the retired justice or judge or his spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the System. Any member, retired justice or judge, justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or beneficiary may submit a written waiver to the System authorizing his representative to review or copy all such records.

 


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ê2005 Statutes of Nevada, Page 992 (Chapter 280, SB 438)ê

 

3.099, inclusive, or beneficiary may submit a written waiver to the System authorizing his representative to review or copy all such records.

      Sec. 9.  NRS 1A.160 is hereby amended to read as follows:

      1A.160  1.  The Judicial Retirement Fund is hereby established as a trust fund.

      2.  It is hereby declared to be the policy of the Legislature that the Judicial Retirement Fund is established to afford a degree of security to long-time justices of the Supreme Court , [and] district judges , justices of the peace and municipal judges in this State. The money in the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive. The Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.

      3.  All money appropriated by the Legislature to the Judicial Retirement Fund, all money submitted to the System for deposit in the Fund pursuant to NRS 1A.180 and all income accruing to the Fund from all other sources must be deposited in the Fund.

      4.  The interest and income earned on the money in the Judicial Retirement Fund, after deducting any applicable charges, must be credited to the Fund.

      5.  The System must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the System pursuant to this chapter and NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, from the Judicial Retirement Fund. The money in the Fund must be expended by the Board for the payment of expenses authorized by law to be paid from the Fund.

      Sec. 10.  NRS 1A.180 is hereby amended to read as follows:

      1A.180  1.  Beginning July 1, 2003, the Court Administrator shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the Supreme Court or district judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and [any] the administrative expenses of the System [.] that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the Court Administrator. The compensation must be reported separately for each month that it is paid.

      2.  Beginning July 1, 2003, the State of Nevada shall pay to the System for deposit in the Judicial Retirement Fund from any fund created for the purpose of paying pension benefits to justices of the Supreme Court or district judges an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the System with enough money to pay [all] the benefits for justices of the Supreme Court and district judges for which the System will be liable.

      3.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to section 1 of this act, the county or city shall submit to the System for deposit in the Judicial Retirement Fund on behalf of each justice of the peace or municipal judge who is a member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members.

 


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ê2005 Statutes of Nevada, Page 993 (Chapter 280, SB 438)ê

 

member of the System the percentage of compensation of the member that is determined by the actuary of the System to be required to pay the normal cost incurred in making payments for such members pursuant to subsection 5 of NRS 1A.160 and the administrative expenses of the System that are attributable to such members. Such payments must be:

      (a) Accompanied by payroll reports that include information deemed necessary by the Board to carry out its duties; and

      (b) Received by the System not later than 15 days after the calendar month for which the compensation and service credits of members of the System are reported and certified by the county or city. The compensation must be reported separately for each month that it is paid.

      4.  Upon the participation of a justice of the peace or municipal judge in the Judicial Retirement Plan pursuant to section 1 of this act, the county or city shall pay to the System for deposit in the Judicial Retirement Fund an amount as the contribution of the county or city as employer which is actuarially determined to be sufficient to provide the System with enough money to pay the benefits for justices of the peace and municipal judges for which the System will be liable.

      5.  Except as otherwise provided in this subsection, the total contribution rate that is actuarially determined for members of the Judicial Retirement Plan must be adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report. The adjusted rate must be rounded to the nearest one-quarter of 1 percent. The total contribution rate must not be adjusted pursuant to this subsection if the existing rate is within one-half of 1 percent of the actuarially determined rate.

      Sec. 11.  NRS 1A.220 is hereby amended to read as follows:

      1A.220  1.  The Board, subject to the limitations of this chapter, is responsible for managing the System.

      2.  The Board shall:

      (a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary;

      (b) Provide for a biennial audit of the System, including, without limitation, the Judicial Retirement Administrative Fund, by an independent certified public accountant; and

      (c) Provide an annual report concerning the [Judicial Retirement] System established pursuant to this chapter to the Court Administrator, each board of county commissioners that allows justices of the peace to participate in the Judicial Retirement Plan pursuant to section 1 of this act, each city council that allows municipal judges to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the Governor and each member of the Legislature, and make the report available to all members of the [Judicial Retirement] System upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

      3.  The Board may:

      (a) Adjust the service or correct the records, allowance or benefits of any member of the System, retired justice or judge or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

 


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ê2005 Statutes of Nevada, Page 994 (Chapter 280, SB 438)ê

 

determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

      (b) Examine and copy personnel and financial records of [a] :

             (1) A justice of the Supreme Court or district judge that are maintained by the Court Administrator [.] ;

             (2) A justice of the peace who participates in the Judicial Retirement Plan pursuant to section 1 of this act that are maintained by a county; and

             (3) A municipal judge who participates in the Judicial Retirement Plan pursuant to section 1 of this act that are maintained by a city.

      (c) Require an annual notarized statement from a retired justice or judge or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.

      4.  As used in this section, “error or inequity” means the existence of extenuating circumstances, including, without limitation, a member’s reasonable and detrimental reliance on representations made by the System which prove to be erroneous, or the mental incapacity of the member.

      Sec. 12.  NRS 1A.250 is hereby amended to read as follows:

      1A.250  Except as specifically provided in this chapter, the accounts of members of the System and recipients of benefits of the System must be administered in accordance with the provisions of chapter 286 of NRS as if the justice of the Supreme Court , [or] the district judge , the justice of the peace or the municipal judge were or had been a member of the Public Employees’ Retirement System.

      Sec. 13.  NRS 1A.260 is hereby amended to read as follows:

      1A.260  1.  No person may become a member of the [Judicial Retirement] System unless he is a justice of the Supreme Court or a district judge [.] , or a justice of the peace or municipal judge who is allowed and elects to participate in the Judicial Retirement Plan pursuant to section 1 of this act.

      2.  Except as otherwise provided in NRS 1A.370, persons retired under the provisions of this chapter who are employed as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , [or] senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, are not eligible to become members of the System.

      Sec. 14.  NRS 1A.290 is hereby amended to read as follows:

      1A.290  1.  Membership of a justice of the Supreme Court or a district judge in the System terminates upon:

      (a) The death of [a] the member;

      (b) Receipt of retirement allowances by [a] the member of the Judicial Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

      (c) Receipt of disability allowances by [a] the member of the Judicial Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

      2.  Membership of a justice of the peace or municipal judge in the System terminates upon:

      (a) The death of the member;

      (b) Receipt of retirement allowances; or

      (c) Receipt of disability allowances.

 


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ê2005 Statutes of Nevada, Page 995 (Chapter 280, SB 438)ê

 

      3.  A retired justice or judge is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a retired justice or judge.

      [3.] 4.  A justice of the Supreme Court or a district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a justice or judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

      Sec. 15.  NRS 1A.300 is hereby amended to read as follows:

      1A.300  1.  A plan under which all justices of the Supreme Court and district judges who are elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who do not elect to remain in the Public Employees’ Retirement System, if eligible to do so, must receive benefits for retirement, disability and death , and under which justices of the peace and municipal judges who are allowed to participate in the plan pursuant to section 1 of this act may receive benefits for retirement, disability and death, is hereby established and must be known as the Judicial Retirement Plan.

      2.  Each justice of the Supreme Court or district judge elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who does not elect pursuant to NRS 1A.280 to remain in the Public Employees’ Retirement System, if eligible to do so, is a member of the Judicial Retirement Plan.

      3.  Each justice of the peace and municipal court judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to section 1 of this act is a member of the Judicial Retirement Plan.

      4.  Benefits are earned pursuant to the Judicial Retirement Plan in the manner set forth in NRS 1A.120 to 1A.150, inclusive, 1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

      Sec. 16.  NRS 1A.360 is hereby amended to read as follows:

      1A.360  1.  Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judge accepts employment as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal court judge in any judicial capacity, including, without limitation, employment as a senior justice , [or] senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, he is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his active service.

      2.  If a retired justice or judge accepts any employment other than that described in subsection 1, the justice , or judge is entitled to the same allowances as a retired justice or judge who has no employment.

      3.  If a retired justice or judge who accepts employment as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge in a judicial capacity pursuant to this section elects not to reenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator if the retired justice or judge is a justice of the Supreme Court or a district judge, the county if the retired justice or judge is a justice of the peace or the city if the retired justice or judge is a municipal judge, may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator , county or city would pay to the System on behalf of a participating justice , or judge who is employed in a similar position.

 


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ê2005 Statutes of Nevada, Page 996 (Chapter 280, SB 438)ê

 

judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator , county or city would pay to the System on behalf of a participating justice , or judge who is employed in a similar position.

      4.  The System may waive , for one period of 30 days or less , a retired [justice’s] justice of the Supreme Court’s or district judge’s disqualification under this section if the Chief Justice of the Supreme Court certifies in writing, in advance, that the retired justice of the Supreme Court or district judge is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired justice of the peace’s disqualification under this section if the board of county commissioners of the jurisdiction in which the justice of the peace is to be assigned certifies in writing, in advance, that the retired justice of the peace is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired municipal judge’s disqualification under this section if the city council of the jurisdiction in which the municipal judge is to be assigned certifies in writing, in advance, that the retired municipal judge is recalled to meet an emergency and that no other qualified person is immediately available.

      Sec. 17.  NRS 1A.370 is hereby amended to read as follows:

      1A.370  1.  A retired justice or judge who accepts employment as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , [or] senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, may enroll in the Judicial Retirement Plan as of the effective date of that employment. As of the date of enrollment:

      (a) He forfeits all retirement allowances for the duration of that employment; and

      (b) Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employment is at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment is:

             (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and [designated] designate the same beneficiary as the original allowance; or

             (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 1A.430.

      2.  The original service retirement allowance of such a retired justice or judge must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) NRS 1A.440; and

      (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

      3.  Except as otherwise required as a result of NRS 1A.400 or 1A.410, a retired justice or judge who has been receiving a retirement allowance pursuant to the Judicial Retirement Plan and who is reemployed and is enrolled in the Plan for at least 5 years may have his additional credit for service added to his previous credit for service.

 


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ê2005 Statutes of Nevada, Page 997 (Chapter 280, SB 438)ê

 

service added to his previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member of the Judicial Retirement Plan who had previously retired and was reemployed and enrolled in the Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits based on the service accrued through the second period of employment.

      Sec. 18.  NRS 1A.440 is hereby amended to read as follows:

      1A.440  Except as otherwise required as a result of NRS 1A.400 or 1A.410:

      1.  Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member of the Judicial Retirement Plan’s average compensation by 3.4091 percent for each year of service, except that a member of the Plan is entitled to a benefit of not more than 75 percent of his average compensation.

      2.  For the purposes of this section, “average compensation” means the average of a member of the Plan’s 36 consecutive months of highest compensation as certified by the Court Administrator [.] if the member is a justice of the Supreme Court or a district judge, by the county if the member is a justice of the peace or by the city if the member is a municipal judge.

      Sec. 19.  NRS 1A.470 is hereby amended to read as follows:

      1A.470  1.  In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge who retires under the conditions set forth in NRS 1A.350 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, has the option of having the Executive Officer of the Board deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his monthly retirement allowance until:

      (a) He notifies the Executive Officer of the Board to discontinue the deduction; or

      (b) Any of his dependents elect to assume the premium or contribution applicable to the dependent’s coverage before the death of such a retired justice or judge and continue coverage pursuant to NRS 287.023 after his death.

      2.  The Board may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the retired justice or judge pursuant to this section.

      3.  The Executive Officer of the Board, the Board and the System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.

 


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ê2005 Statutes of Nevada, Page 998 (Chapter 280, SB 438)ê

 

      Sec. 20.  NRS 1A.480 is hereby amended to read as follows:

      1A.480  1.  A member of the Judicial Retirement Plan who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience [,] because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

      (a) Except as otherwise provided in subsection 5, his employment as a justice of the Supreme Court , [or] district judge , justice of the peace or municipal judge will be terminated because of the disability;

      (b) He is employed as a justice of the Supreme Court , [or] a district judge , a justice of the peace or a municipal judge at the time of application for disability retirement;

      (c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;

      (d) He files a notarized application for disability retirement with the System which indicates a selection of option and to which is attached a personal statement by the member of the Judicial Retirement Plan [,] describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source; and

      (e) The Court Administrator if the member is a justice of the Supreme Court or a district judge, the county if the member is a justice of the peace or the city if the member is a municipal judge, files an official statement certifying the member’s employment record, record of disability, absences that have occurred because of the disability, the effect upon the work of the member after the disability, and job functions that can and cannot be performed because of the disability.

      2.  Except as otherwise required as a result of NRS 1A.410, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 1A.440, except that no reduction for the age of a member of the Judicial Retirement Plan may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

      (a) If the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

      (b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.

      3.  A member of the Judicial Retirement Plan may apply for disability retirement even if he is eligible for service retirement.

      4.  Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 1A.580 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

      5.  If a member of the Judicial Retirement Plan whose application for disability retirement has been:

      (a) Approved [,] dies before his employment is terminated, but within 60 days after his application was approved; or

      (b) Mailed before his death , as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the Board has acted upon his application and the Board approves thereafter his application,

 

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