Link to Page 2276

 

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ê2005 Statutes of Nevada, Page 2277 (Chapter 468, SB 453)ê

 

      [4.] 3.  An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.

      [5.] 4.  An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.

      [6.] 5.  If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

      Sec. 47.  NRS 600.340 is hereby amended to read as follows:

      600.340  1.  A person who has adopted and is using a mark in this State may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:

      (a) Whether the mark to be registered is a trademark, trade name or service mark;

      (b) A description of the mark by name, words displayed in it or other information;

      (c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization;

      (d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the Secretary of State which includes those goods or services;

      (e) The date when the mark was first used anywhere and the date when it was first used in this State by the applicant or his predecessor in business which must precede the filing of the application; and

      (f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this State either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.

      2.  The application must:

      (a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

      (b) Be accompanied by a specimen or facsimile of the mark [in duplicate] on white paper that is 8 1/2 inches by 11 inches in size and by a filing fee of $100 payable to the Secretary of State.

      3.  If the application fails to comply with this section or NRS 600.343, the Secretary of State shall return it for correction.

________

 

CHAPTER 469, AB 499

Assembly Bill No. 499–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 469

 

AN ACT relating to government; repealing the provision prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; repealing the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 2278 (Chapter 469, AB 499)ê

 

the provision prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; and other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Secs. 1-13.  (Deleted by amendment.)

      Sec. 14.  NRS 294A.410 is hereby amended to read as follows:

      294A.410  1.  [Except as otherwise provided in NRS 294A.345 and 294A.346, if] If it appears that the provisions of this chapter have been violated, the Secretary of State may:

      (a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or

      (b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.

      2.  A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include any information in support of the alleged violation.

      Sec. 15.  NRS 281.461 is hereby amended to read as follows:

      281.461  1.  The Commission shall:

      (a) At its first meeting and annually thereafter elect a Chairman and Vice Chairman from among its members.

      (b) Meet regularly at least once in each calendar quarter, unless there are no requests made for an opinion pursuant to NRS 281.511, [294A.345 or 294A.346,] and at other times upon the call of the Chairman.

      2.  Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

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

      4.  The Commission may, within the limits of legislative appropriation, maintain such facilities as are required to carry out its functions.

      Sec. 16.  NRS 281.4635 is hereby amended to read as follows:

      281.4635  1.  In addition to any other duties imposed upon him, the Executive Director shall:

      (a) Maintain complete and accurate records of all transactions and proceedings of the Commission.

      (b) Receive requests for opinions pursuant to NRS 281.511 . [, 294A.345 or 294A.346.]

      (c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the panel appointed pursuant to NRS 281.462 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.

 


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ê2005 Statutes of Nevada, Page 2279 (Chapter 469, AB 499)ê

 

      (d) Recommend to the Commission any regulations or legislation that he considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.

      (e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that he is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.

      (f) Perform such other duties, not inconsistent with law, as may be required by the Commission.

      2.  The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of his duties relating to:

      (a) The administration of the affairs of the Commission;

      (b) The review of statements of financial disclosure; and

      (c) The investigation of matters under the jurisdiction of the Commission.

      Sec. 17.  NRS 281.465 is hereby amended to read as follows:

      281.465  1.  The Commission has jurisdiction to investigate and take appropriate action regarding an alleged violation of [:

      (a) This] this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:

            [(1)] (a) The filing of a request for an opinion with the Commission; or

             [(2)] (b) The Commission on its own motion.

      [(b) NRS 294A.345 or 294A.346 in any proceeding commenced by the filing of a request for an opinion pursuant thereto.]

      2.  The provisions of [paragraph (a) of] subsection 1 apply to a public officer or employee who:

      (a) Currently holds public office or is publicly employed at the commencement of proceedings against him.

      (b) Resigns or otherwise leaves his public office or employment:

            (1) After the commencement of proceedings against him; or

             (2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.

      Sec. 18.  NRS 281.475 is hereby amended to read as follows:

      281.475  1.  The Chairman and Vice Chairman of the Commission may administer oaths.

      2.  The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the Executive Director or the public officer or public employee who is the subject of a request for an opinion, the Chairman or, in his absence, the Vice Chairman, may issue a subpoena to compel the attendance of a witness and the production of books and papers.

      3.  Before issuing a subpoena to a public officer or public employee who is the subject of a request for an opinion, the Executive Director shall submit a written request to the public officer or public employee requesting:

      (a) His appearance as a witness; or

 


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ê2005 Statutes of Nevada, Page 2280 (Chapter 469, AB 499)ê

 

      (b) His production of any books and papers relating to the request for an opinion.

      4.  Each written request submitted by the Executive Director pursuant to subsection 3 must specify the time and place for the attendance of the public officer or public employee or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or public employee fails or refuses to attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the request, the Chairman may issue the subpoena. Failure of the public officer or public employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or public employee of the time set forth in subsections 3 and 4 of NRS 281.511.

      5.  If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Chairman of the Commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Commission pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.

      6.  [Except as otherwise provided in this subsection, upon] Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced the books or papers before the Commission. [If the witness has been subpoenaed by the Commission in response to a request for an opinion filed pursuant to NRS 294A.345 or 294A.346, the court shall direct the witness to appear before the court as expeditiously as possible to allow the Commission to render its opinion within the time required by NRS 281.477.] A certified copy of the order must be served upon the witness.

      7.  If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission, at the time and place fixed in the order, and testify or produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

      Sec. 19.  NRS 281.521 is hereby amended to read as follows:

      281.521  [1.] The Commission’s opinions may include guidance to a public officer or employee on questions whether:

      [(a)] 1.  A conflict exists between his personal interest and his official duty.

      [(b)] 2.  His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.

      [(c)] 3.  The conflict would materially affect the independence of the judgment of a reasonable person in his situation.

 


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ê2005 Statutes of Nevada, Page 2281 (Chapter 469, AB 499)ê

 

      [(d)] 4.  He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.

      [(e)] 5.  It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest or pursue some other designated course of action in the matter.

      [2.  Except as otherwise provided in NRS 281.477, 294A.345 and 294A.346, the Commission’s opinions may not include guidance to a public officer or employee on questions regarding the provisions of chapter 294A of NRS.]

      Sec. 20.  NRS 281.551 is hereby amended to read as follows:

      281.551  1.  In addition to any other penalty provided by law, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of this chapter;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.

      2.  In addition to other penalties provided by law, the Commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511 [,] against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

      3.  If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the Commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  [In addition to any other penalty provided by law, by an affirmative vote of two-thirds of the Commission, the Commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $5,000. The Commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the Commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.

      5.]  If the Commission finds that:

      (a) A willful violation of this chapter has been committed by a public officer removable from office by impeachment only, [it] the Commission shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.

      (b) A willful violation of this chapter has been committed by a public officer removable from office pursuant to NRS 283.440, the Commission may file a proceeding in the appropriate court for removal of the officer.

      (c) Three or more willful violations have been committed by a public officer removable from office pursuant to NRS 283.440, the Commission shall file a proceeding in the appropriate court for removal of the officer.

      [6.] 5.  An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:

 


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ê2005 Statutes of Nevada, Page 2282 (Chapter 469, AB 499)ê

 

      (a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee or upon the manual published by the Commission pursuant to NRS 281.471;

      (b) Was unable, through no fault of his own, to obtain an opinion from the Commission before the action was taken; and

      (c) Took action that was not contrary to a prior published opinion issued by the Commission.

      [7.] 6.  In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

      [8.] 7.  NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      [9.] 8.  The imposition of a civil penalty pursuant to [subsections 1 to 4, inclusive,] subsection 1, 2 or 3 is a final decision for the purposes of judicial review.

      [10.] 9.  A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

      Sec. 21.  NRS 281.477, 294A.345 and 294A.346 are hereby repealed.

      Sec. 22.  The amendatory provisions of sections 14 to 21, inclusive, of this act do not apply to conduct that occurred before October 1, 2005, or to the jurisdiction, duties, powers or proceedings of the Commission on Ethics relating to such conduct.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  1.  This section and sections 1, 3 to 8, inclusive, 10, 11, 12 and 14 to 23, inclusive, of this act become effective on October 1, 2005.

      2.  Sections 8 and 12 of this act expire by limitation on December 31, 2007.

      3.  Sections 2, 9 and 13 of this act become effective on January 1, 2008.

________

 

CHAPTER 470, AB 500

Assembly Bill No. 500–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 470

 

AN ACT relating to public office; revising various provisions relating to polling places; requiring the Secretary of State to maintain certain information on a website on the Internet; requiring that if a county clerk or city clerk maintains a website on the Internet, the county clerk or city clerk shall maintain certain information on the website; revising provisions relating to proof of residence for a person filing a declaration of candidacy; revising the provisions relating to public lists of registered voters; revising the provisions relating to a person convicted of a felony and the right to vote; revising the provisions relating to the filing of campaign finance reports; revising the definition of “public officer” for the purposes of the Nevada Ethics in Government Law; providing a civil penalty; and providing other matters properly relating thereto.

 


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ê2005 Statutes of Nevada, Page 2283 (Chapter 470, AB 500)ê

 

revising provisions relating to proof of residence for a person filing a declaration of candidacy; revising the provisions relating to public lists of registered voters; revising the provisions relating to a person convicted of a felony and the right to vote; revising the provisions relating to the filing of campaign finance reports; revising the definition of “public officer” for the purposes of the Nevada Ethics in Government Law; providing a civil penalty; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  A polling place for an election must not be established in any building or other structure named for a candidate whose name appears on a ballot for that election.

      Sec. 3.  1.  The permanent and temporary polling places for early voting by personal appearance must satisfy the criteria to be used to select permanent and temporary polling places for early voting by personal appearance provided by the county clerk pursuant to subsection 2.

      2.  The county clerk shall:

      (a) Provide by rule or regulation for the criteria to be used to select permanent and temporary polling places for early voting by personal appearance; and

      (b) At a meeting of the board of county commissioners, inform the board of the sites selected as permanent and temporary polling places for early voting by personal appearance.

      Sec. 4.  1.  The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:

      (a) The Voters’ Bill of Rights required to be posted on his Internet website pursuant to the provisions of NRS 293.2549;

      (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388; and

      (c) All reports on campaign contributions and expenditures submitted to the Secretary of State pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

 


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ê2005 Statutes of Nevada, Page 2284 (Chapter 470, AB 500)ê

 

      Sec. 5.  1.  If a county clerk maintains a website on the Internet for information related to elections, the website must contain public information maintained, collected or compiled by the county clerk that relates to elections, which must include, without limitation:

      (a) The locations of polling places for casting a ballot on election day in such a format that a registered voter may search the list to determine the location of the polling place at which the registered voter is required to cast a ballot; and

      (b) The abstract of votes required pursuant to the provisions of NRS 293.388.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by a county clerk pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by the Secretary of State, another county clerk or a city clerk, the county clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

      Sec. 6.  NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than the first Monday in May of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in May.

      2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................

 


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ê2005 Statutes of Nevada, Page 2285 (Chapter 470, AB 500)ê

 

of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                                           ..............................................................

                                                                                       (Designation of name)

 

                                                                           ..............................................................

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

...............................................................................

              Notary Public or other person

           authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

State of Nevada

 

County of ............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the state, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 


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I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                                           ..............................................................

                                                                                       (Designation of name)

 

                                                                           ..............................................................

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

...............................................................................

              Notary Public or other person

           authorized to administer an oath

 

      3.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if:

      (a) The candidate’s address is listed as a post office box unless a street address has not been assigned to his residence; or

      (b) The candidate does not present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the candidate’s name and residential address.

      4.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to paragraph (b) of subsection 3. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number or driver’s license or identification card number of the candidate.

      5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

 


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      [5.] 6.  If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

      [6.] 7.  The receipt of information by the Attorney General or district attorney pursuant to subsection [5] 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  NRS 293.301 is hereby amended to read as follows:

      293.301  1.  The county clerk of each county shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the county. Except as otherwise provided in NRS 293.558 [,] and 293.5002, the alphabetical listing must include the name, address and political affiliation of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter that voted since the last identification.

      2.  Each page of the alphabetical listing must contain a notice which reads substantially as follows:

 

      It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to subsection 1 of NRS 293.301.

 

      3.  Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name, address or political affiliation of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 11.  NRS 293.3564 is hereby amended to read as follows:

      293.3564  1.  The county clerk may establish permanent polling places for early voting by personal appearance in the county at the locations [designated] selected by him [throughout the county.] pursuant to section 3 of this act.

      2.  Except as otherwise provided in subsection [2.] 3, any person entitled to vote early by personal appearance may do so at any polling place for early voting.

 


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      [2.] 3.  If it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county, he may:

      (a) Provide appropriate forms of ballots for all offices within a township, city, town or county commissioner election district, as determined by the county clerk; and

      (b) Limit voting at that polling place to registered voters in that township, city, town or county commissioner election district.

      Sec. 12.  NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  In addition to permanent polling places for early voting, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office [.] pursuant to section 3 of this act.

      2.  The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.

      3.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 13.  NRS 293.440 is hereby amended to read as follows:

      293.440  1.  Any person who desires a copy of any list of the persons who are registered to vote in any precinct, district or county may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to 1 cent per name on the list, except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state or county central committee of any major political party or to the executive committee of any minor political party upon request, without charge.

      2.  Except as otherwise provided in NRS 293.558 [,] and 293.5002, the copy of the list provided pursuant to this section must indicate the address, date of birth, telephone number and the serial number on each application to register to vote. If the county maintains this information in a computer database, the date of the most recent addition or revision to an entry, if made on or after July 1, 1989, must be included in the database and on any resulting list of the information. The date must be expressed numerically in the order of month, day and year.

      3.  A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.

      4.  A county which has a system of computers capable of recording information on magnetic tape or diskette shall, upon request of the state or county central committee of any major political party or the executive committee of any minor political party which has filed a certificate of existence with the Secretary of State, record for that central committee or executive committee on magnetic tape or diskette supplied by it:

      (a) The list of persons who are registered to vote and the information required in subsection 2; and

      (b) Not more than four times per year, as requested by the central committee or the executive committee:

 


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             (1) A complete list of the persons who are registered to vote with a notation for the most recent entry of the date on which the entry or the latest change in the information was made; or

             (2) A list that includes additions and revisions made to the list of persons who are registered to vote after a date specified by the central committee or the executive committee.

      5.  If a political party does not provide its own magnetic tape or diskette, or if a political party requests the list in any other form that does not require printing, the county clerk may charge a fee to cover the actual cost of providing the tape, diskette or list.

      6.  Any state or county central committee of a major political party, any executive committee of a minor political party or any member or representative of such a central committee or executive committee who receives without charge a list of the persons who are registered to vote in any precinct, district or county pursuant to this section shall not:

      (a) Use the list for any purpose that is not related to an election; or

      (b) Sell the list for compensation or other valuable consideration.

      Sec. 14.  NRS 293.540 is hereby amended to read as follows:

      293.540  The county clerk shall cancel the registration:

      1.  If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.

      2.  If the insanity or mental incompetence of the person registered is legally established.

      3.  Upon the determination that the person registered has been convicted of a felony [.] unless:

      (a) If the person registered was convicted of a felony in this State, the right to vote of the person has been restored pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

      (b) If the person registered was convicted of a felony in another state, the right to vote of the person has been restored pursuant to the laws of the state in which the person was convicted.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      5.  Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day to register to vote in the election.

      6.  At the request of the person registered.

      7.  If he has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530, or 293.535 and the elector has failed to respond or appear to vote within the required time.

      8.  As required by NRS 293.541.

      9.  Upon verification that the application to register to vote is a duplicate if he has the original or another duplicate of the application on file in his office.

      Sec. 15.  NRS 293.543 is hereby amended to read as follows:

      293.543  1.  If the registration of an elector is cancelled pursuant to subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been declared sane or mentally competent by the district court.

      2.  If the registration of an elector is cancelled pursuant to subsection 3 of NRS 293.540, the elector may reregister after he presents [written evidence from a court or governmental agency of this State] satisfactory evidence which demonstrates that:

 


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evidence from a court or governmental agency of this State] satisfactory evidence which demonstrates that:

      (a) His conviction has been overturned; or

      (b) His civil rights have been restored [.] :

             (1) If he was convicted in this State, pursuant to the provisions of NRS 213.090, 213.155 or 213.157.

             (2) If he was convicted in another state, pursuant to the laws of the state in which he was convicted.

      3.  If the registration of an elector is cancelled pursuant to the provisions of subsection 5 of NRS 293.540, the elector may reregister immediately.

      4.  If the registration of an elector is cancelled pursuant to the provisions of subsection 6 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.

      Sec. 16.  NRS 293.558 is hereby amended to read as follows:

      293.558  1.  The county clerk shall [not] disclose the identification number of a registered voter to the public, including, without limitation:

      (a) In response to an inquiry received by the county clerk; or

      (b) By inclusion of the identification number of the registered voter on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.

      2.  The county clerk shall not disclose the social security number or the driver’s license or identification card number of a registered voter.

      3.  A registered voter may submit a written request to the county clerk to have his address and telephone number withheld from the public. Upon receipt of such a request, the county clerk shall not disclose the address or telephone number of the registered voter to the public, including, without limitation:

      (a) In response to an inquiry received by the county clerk; or

      (b) By inclusion on any list of registered voters made available for public inspection pursuant to NRS 293.301, 293.440, 293.557, 293C.290 or 293C.542.

      [3.] 4.  No information other than the address, telephone number , social security number and driver’s license or identification card number of a registered voter may be withheld from the public.

      Sec. 17.  Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 18, 19 and 20 of this act.

      Sec. 18.  A polling place for an election must not be established in any building or other structure named for a candidate whose name appears on a ballot for that election.

      Sec. 19.  1.  The permanent and temporary polling places for early voting by personal appearance must satisfy the criteria to be used to select permanent and temporary polling places for early voting by personal appearance provided by the city clerk pursuant to subsection 2.

      2.  The city clerk shall:

      (a) Provide by rule or regulation for the criteria to be used to select permanent and temporary polling places for early voting by personal appearance; and

      (b) At a meeting of the city council or other governing body of the city, inform the city council or other governing body of the sites selected as permanent and temporary polling places for early voting by personal appearance.

 


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      Sec. 20.  1.  If a city clerk maintains a website on the Internet for information relating to elections, the website must contain public information maintained, collected or compiled by the city clerk that relates to elections, which must include, without limitation:

      (a) The locations of polling places for casting a ballot on election day in such a form that a registered voter may search the list to determine the location of the polling place at which the registered voter is required to cast a ballot; and

      (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293C.387.

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by a city clerk pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by the Secretary of State, a county clerk or another city clerk, the city clerk may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

      Sec. 21.  NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS 293C.115 and 293C.190, a name may not be printed on a ballot to be used at a primary city election, unless the person named has filed a declaration of candidacy or an acceptance of candidacy and has paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

      2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of       ............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 


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and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                                           ..............................................................

                                                                                        (Designation of name)

 

                                                                           ..............................................................

                                                                             (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

...............................................................................

              Notary Public or other person

           authorized to administer an oath

 

      3.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where he actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if:

      (a) The candidate’s address is listed as a post office box unless a street address has not been assigned to his residence; or

      (b) The candidate does not present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including, without limitation, a check, which indicates the candidate’s name and residential address.

      4.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to paragraph (b) of subsection 3. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number or driver’s license or identification card number of the candidate.

      5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

 


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      [5.] 6.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether he has had his civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      [6.] 7.  The receipt of information by the city attorney pursuant to subsection [5] 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the city clerk must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      Sec. 22.  NRS 293C.290 is hereby amended to read as follows:

      293C.290  1.  The city clerk shall require an election board officer to post an alphabetical listing of all registered voters for each precinct in a public area of each polling place in the city. Except as otherwise provided in NRS 293.558 [,] and 293.5002, the alphabetical listing must include the name and address of each voter. Not less than four times during the hours in which the polling place is open, an election board officer shall identify the name of each voter who voted since the last identification.

      2.  Each page of the alphabetical listing must contain a notice which reads substantially as follows:

 

      It is unlawful for any person to remove, tear, mark or otherwise deface this alphabetical listing of registered voters except an election board officer acting pursuant to NRS 293C.290.

 

      3.  Any person who removes, tears, marks or otherwise defaces an alphabetical listing posted pursuant to this section with the intent to falsify or prevent others from readily ascertaining the name or address of any voter, or the fact that a voter has or has not voted, is guilty of a misdemeanor.

      Sec. 23.  NRS 293C.3564 is hereby amended to read as follows:

      293C.3564  1.  The city clerk may establish permanent polling places for early voting by personal appearance in the city at the locations [designated] selected by him [throughout the county.] pursuant to section 19 of this act.

      2.  Any person entitled to vote early by personal appearance may do so at any polling place for early voting.

      Sec. 24.  NRS 293C.3572 is hereby amended to read as follows:

      293C.3572  1.  In addition to permanent polling places for early voting, the city clerk may establish temporary branch polling places for early voting [.] pursuant to section 19 of this act.

      2.  The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

 


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      3.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Sec. 25.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 26, 27 and 28 of this act.

      Sec. 26.  “Loan” means a transfer of money, property or anything of value in exchange for an obligation to repay the transfer of money in whole or in part.

      Sec. 27.  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives a loan which is guaranteed by a third party, forgiveness of a loan previously made to the candidate or a written commitment for a contribution shall, for the period covered by the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360, report:

      (a) If a loan received by the candidate was guaranteed by a third party, the amount of the loan and the name and address of each person who guaranteed the loan;

      (b) If a loan received by the candidate was forgiven by the person who made the loan, the amount that was forgiven and the name and address of the person who forgave the loan; and

      (c) If the candidate received a written commitment for a contribution, the amount committed to be contributed and the name and address of the person who made the written commitment.

      2.  The reports required by subsection 1 must be submitted on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      3.  The reports required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360.

      4.  A county clerk who receives from a candidate for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, a report pursuant to subsection 1 shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 28.  (Deleted by amendment.)

      Sec. 29.  NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.009, inclusive, and section 26 of this act, have the meanings ascribed to them in those sections.

      Sec. 30.  NRS 294A.120 is hereby amended to read as follows:

      294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $100 he received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

 


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general election for that office through the year immediately preceding the next general election for that office.

      2.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

      (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election;

      (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election; and

      (c) July 15 of the year of the general election for that office, for the period from 11 days before the general election through June 30 of that year,

Ê report each campaign contribution in excess of $100 he receives during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election; and

      (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election,

Ê report each campaign contribution in excess of $100 he received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      4.  Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:

      (a) Seven days before the special election, for the period from his nomination through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $100 he received during the period and contributions received during the reporting period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      5.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall list each of the campaign contributions that he receives on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under penalty of perjury, 30 days after:

 


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      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) A district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      6.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      7.  Every county clerk who receives from candidates for legislative or judicial office, [except] including, without limitation, the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to this section shall file a copy of each report with the Secretary of State within 10 working days after he receives the report.

      8.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      Sec. 31.  NRS 294A.125 is hereby amended to read as follows:

      294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held shall, for:

      (a) The year in which he receives contributions in excess of $10,000, list each of the contributions that he receives and the expenditures in excess of $100 made in that year.

      (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, list each of the contributions that he received and the expenditures in excess of $100 made in that year.

      2.  The reports required by subsection 1 must be submitted on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      3.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

      4.  The report must be filed:

      (a) With the officer with whom the candidate will file the declaration of candidacy or acceptance of candidacy for the public office the candidate intends to seek. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

 


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             (1) On the date it was mailed if it was sent by certified mail.

             (2) On the date it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      (b) On or before January 15 of the year immediately after the year for which the report is made.

      5.  A county clerk who receives from a candidate for legislative or judicial office, [except] including, without limitation, the office of justice of the peace or municipal judge, a report of contributions and expenditures pursuant to subsection 4 shall file a copy of the report with the Secretary of State within 10 working days after he receives the report.

      Sec. 32.  NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report each of the campaign expenses in excess of $100 that he incurs and each amount in excess of $100 that he disposes of pursuant to NRS 294A.160 during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury. The provisions of this subsection apply to the candidate:

      (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

      (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.

      2.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

      (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election;

      (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election; and

      (c) July 15 of the year of the general election for that office, for the period from 11 days before the general election through June 30 of that year,

Ê report each of the campaign expenses in excess of $100 that he incurs during the period on the form designed and provided by the Secretary of State pursuant NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election; and

      (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election,

 


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ê2005 Statutes of Nevada, Page 2298 (Chapter 470, AB 500)ê

 

Ê report each of the campaign expenses in excess of $100 that he incurs during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury.

      4.  Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:

      (a) Seven days before the special election, for the period from his nomination through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each of the campaign expenses in excess of $100 that he incurs during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

      5.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report each of the campaign expenses in excess of $100 that he incurs on the form designed and provided by the Secretary of State pursuant NRS 294A.373 and signed by the candidate under penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      6.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

      (a) On the date that it was mailed if it was sent by certified mail; or

      (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

      7.  County clerks who receive from candidates for legislative or judicial office, [except] including, without limitation, the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to this section shall file a copy of each report with the Secretary of State within 10 working days after he receives the report.

      Sec. 33.  NRS 294A.350 is hereby amended to read as follows:

      294A.350  1.  Every candidate for state, district, county, municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, and section 27 of this act, even though he:

      (a) Withdraws his candidacy;

      (b) Receives no campaign contributions;

      (c) Has no campaign expenses;

      (d) Is removed from the ballot by court order; or

      (e) Is the subject of a petition to recall and the special election is not held.

 


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ê2005 Statutes of Nevada, Page 2299 (Chapter 470, AB 500)ê

 

      2.  A candidate who withdraws his candidacy pursuant to NRS 293.202 may file simultaneously all the reports of campaign contributions and expenses required by NRS 294A.120, 294A.200 and 294A.360, and section 27 of this act, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120, 294A.200 or 294A.360.

      Sec. 34.  NRS 294A.360 is hereby amended to read as follows:

      294A.360  1.  Every candidate for city office at a primary city election or general city election shall file the reports in the manner required by NRS 294A.120 and 294A.200 and section 27 of this act for other offices not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year. The provisions of this subsection apply to the candidate:

      (a) Beginning the year of the general city election for that office through the year immediately preceding the next general city election for that office; and

      (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160.

      2.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, shall file the reports in the manner required by NRS 294A.120 and 294A.200 and section 27 of this act for other offices not later than:

      (a) Seven days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through 12 days before the primary city election;

      (b) Seven days before the general city election for that office, for the period from 11 days before the primary city election through 12 days before the general city election; and

      (c) July 15 of the year of the general city election for that office, for the period from 11 days before the general city election through the June 30 of that year.

      3.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, shall file the reports in the manner required by NRS 294A.120 and 294A.200 and section 27 of this act for other offices not later than:

      (a) Seven days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through 12 days before the primary city election; and

      (b) Seven days before the general city election for that office, for the period from 11 days before the primary city election through 12 days before the general city election.

      4.  Except as otherwise provided in subsection 5, every candidate for city office at a special election shall so file those reports:

      (a) Seven days before the special election, for the period from his nomination through 12 days before the special election; and

      (b) Thirty days after the special election, for the remaining period through the special election.

 


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ê2005 Statutes of Nevada, Page 2300 (Chapter 470, AB 500)ê

 

      5.  Every candidate for city office at a special election to determine whether a public officer will be recalled shall so file those reports 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 5 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

      Sec. 35.  NRS 294A.362 is hereby amended to read as follows:

      294A.362  1.  In addition to reporting information pursuant to NRS 294A.120, 294A.125, 294A.200 and 294A.360, and section 27 of this act, each candidate who is required to file a report of campaign contributions and expenses pursuant to NRS 294A.120, 294A.125, 294A.200 or 294A.360 and section 27 of this act shall report on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form each such campaign contribution in excess of $100 that he receives during the reporting period, each such campaign contribution from a contributor received during the reporting period which cumulatively exceeds $100, and each such expense in excess of $100 he incurs during the reporting period.

      2.  The Secretary of State and each city clerk shall not require a candidate to list the campaign contributions and expenses described in this section on any form other than the form designed and provided by the Secretary of State pursuant to NRS 294A.373.

      Sec. 36.  NRS 294A.373 is hereby amended to read as follows:

      294A.373  1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 [.] and section 27 of this act.

      2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

      3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party and group that is required to file a report described in subsection 1.

      4.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a copy of a form designed or revised by the Secretary of State pursuant to this section to a person, committee, political party or group that is required to use the form.

      Sec. 37.  NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  An acceptance of candidacy;

      3.  The registration of a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or

 


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ê2005 Statutes of Nevada, Page 2301 (Chapter 470, AB 500)ê

 

      4.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 [,] or section 27 of this act,

Ê shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 or 294A.360 or section 27 of this act relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420 must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

      Sec. 38.  NRS 294A.400 is hereby amended to read as follows:

      294A.400  The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 and 294A.280, and section 27 of this act, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates [for legislative and judicial offices] from whom reports of those contributions and expenses are required.

      2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

      3.  The contributions made to a committee for the recall of a public officer in excess of $100.

      [3.] 4.  The expenditures exceeding $100 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) Person or group of persons on behalf of or against a question or group of questions on the ballot.

      (c) Group of persons advocating the election or defeat of a candidate.

      (d) Committee for the recall of a public officer.

      [4.] 5.  The contributions in excess of $100 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.

      (c) A committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates.

      Sec. 39.  NRS 294A.420 is hereby amended to read as follows:

      294A.420  1.  If the Secretary of State receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280 or 294A.360 or section 27 of this act has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

 


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ê2005 Statutes of Nevada, Page 2302 (Chapter 470, AB 500)ê

 

entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.230, 294A.270, 294A.280, 294A.300, 294A.310, 294A.320 or 294A.360 or section 27 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      Sec. 40.  (Deleted by amendment.)

      Sec. 40.5.  NRS 281.4365 is hereby amended to read as follows:

      281.4365  1.  “Public officer” means a person elected or appointed to a position which is established by the Constitution of the State of Nevada, a statute of this State or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, “the exercise of a public power, trust or duty” means:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

      (b) The expenditure of public money; and

      (c) The [enforcement] administration of laws and rules of the State, a county or a city.

      2.  “Public officer” does not include:

      (a) Any justice, judge or other officer of the court system;

 


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ê2005 Statutes of Nevada, Page 2303 (Chapter 470, AB 500)ê

 

      (b) Any member of a board, commission or other body whose function is advisory;

      (c) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      3.  “Public office” does not include an office held by:

      (a) Any justice, judge or other officer of the court system;

      (b) Any member of a board, commission or other body whose function is advisory;

      (c) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      Secs. 41-51.  (Deleted by amendment.)

      Sec. 52.  Section 5.070 of the Charter of the City of Caliente, being Chapter 31, Statutes of Nevada 1971, as amended by Chapter 581, Statutes of Nevada 2001, at page 2970, is hereby amended to read as follows:

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      Sec. 53.  Section 5.060 of the Charter of the City of Carlin, being Chapter 344, Statutes of Nevada 1971, as amended by Chapter 581, Statutes of Nevada 2001, at page 2971, is hereby amended to read as follows:

      Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      Sec. 54.  Section 5.070 of the Charter of Carson City, being Chapter 213, Statutes of Nevada 1969, as last amended by Chapter 581, Statutes of Nevada 2001, at page 2971, is hereby amended to read as follows:

      Sec. 5.070  Availability of list of registered voters.  If, for any purpose relating to a municipal election or to the candidates or issues involved in that election, any organization, group or person requests a list of the registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [:] and 293.5002:

      1.  Permit the organization, group or person to copy the voters’ names and addresses from the official register of voters; or

 


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ê2005 Statutes of Nevada, Page 2304 (Chapter 470, AB 500)ê

 

      2.  Furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.

      Sec. 55.  Section 5.060 of the Charter of the City of Elko, being Chapter 276, Statutes of Nevada 1971, as amended by Chapter 581, Statutes of Nevada 2001, at page 2971, is hereby amended to read as follows:

      Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      Sec. 56.  Section 5.070 of the Charter of the City of Las Vegas, being Chapter 517, Statutes of Nevada 1983, as amended by Chapter 581, Statutes of Nevada 2001, at page 2971, is hereby amended to read as follows:

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose which relates to a municipal election or to the candidates or issues which are involved in that election, any organization, group or person requests a list of the registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, either permit that organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.

      Sec. 57.  Section 5.070 of the Charter of the City of Reno, being Chapter 662, Statutes of Nevada 1971, as last amended by Chapter 581, Statutes of Nevada 2001, at page 2972, is hereby amended to read as follows:

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in that election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list upon payment of the cost established by state election law.

      Sec. 58.  Section 5.070 of the Charter of the City of Sparks, being Chapter 470, Statutes of Nevada 1975, as last amended by Chapter 581, Statutes of Nevada 2001, at page 2972, is hereby amended to read as follows:

      Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to an election or to candidates or issues involved in an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [:] and 293.5002:

 


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ê2005 Statutes of Nevada, Page 2305 (Chapter 470, AB 500)ê

 

      1.  Permit the organization, group or person to copy the names and addresses of voters from the official register of voters; or

      2.  Furnish such a list upon payment of the cost established by state election law.

      Sec. 59.  Section 5.060 of the Charter of the City of Wells, being Chapter 275, Statutes of Nevada 1971, as amended by Chapter 581, Statutes of Nevada 2001, at page 2972, is hereby amended to read as follows:

      Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list.

      Sec. 60.  Section 5.060 of the Charter of the City of Yerington, being Chapter 465, Statutes of Nevada 1971, as amended by Chapter 581, Statutes of Nevada 2001, at page 2972, is hereby amended to read as follows:

      Sec. 5.060  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the City, the department, office or agency which has custody of the official register of voters shall, except as otherwise provided in NRS 293.558 [,] and 293.5002, furnish such a list at a fee to be established by the City Council.

      Sec. 61.  1.  On or before October 1, 2005, the Secretary of State shall submit to the Fiscal Analysis Division of the Legislative Counsel Bureau for transmittal to the next regular meeting of the Interim Finance Committee a written report concerning the establishment and maintenance of the website required pursuant to section 4 of this act including, without limitation, the anticipated cost of establishing and maintaining the website.

      2.  The Secretary of State may, with the approval of the Interim Finance Committee, pay for the cost of establishing and maintaining the website required pursuant to section 4 of this act from the Account for Special Services of the Secretary of State in the State General Fund created pursuant to NRS 225.140.

      Sec. 62.  (Deleted by amendment.)

      Sec. 63.  1.  This section and section 61 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 3, 6 to 19, inclusive, 21 to 60, inclusive, and 62 of this act become effective on October 1, 2005.

      3.  Sections 4, 5 and 20 of this act become effective on January 1, 2006.

________

 

CHAPTER 471, AB 52

Assembly Bill No. 52–Committee on Transportation

 

Joint Sponsor: Senate Committee on Transportation and Homeland Security

 

CHAPTER 471

 

 


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ê2005 Statutes of Nevada, Page 2306 (Chapter 471, AB 52)ê

 

AN ACT relating to motor vehicles; making various changes concerning the issuance of drivers’ licenses to persons who are 16 or 17 years of age; revising certain restrictions relating to the transportation of passengers who are minors by persons who are 16 or 17 years of age; revising provisions governing automobile driver education in public schools; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  The Department may issue a driver’s license to a person who is 16 or 17 years of age if:

      (a) Except as otherwise provided in subsection 2, he has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

      (b) He has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

      (c) He submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) He has not been found to be responsible for a motor vehicle accident during the 6 months before he applies for the driver’s license;

      (e) He has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before he applies for the driver’s license; and

      (f) He has held an instruction permit for not less than 6 months before he applies for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

 


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ê2005 Statutes of Nevada, Page 2307 (Chapter 471, AB 52)ê

 

additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      Sec. 3.  1.  A person to whom a driver’s license is issued pursuant to section 2 of this act shall not, during the first 3 months after the date on which the driver’s license is issued, transport as a passenger a person who is under 18 years of age, unless the person is a member of his immediate family.

      2.  A person who violates the provisions of this section:

      (a) For a first offense, must be ordered to comply with the provisions of this section for 6 months after the date on which the driver’s license is issued.

      (b) For a second or subsequent offense, must be ordered to:

             (1) Pay a fine in an amount not to exceed $250;

             (2) Comply with the provisions of this section for such additional time as determined by the court; or

             (3) Both pay such a fine and comply with the provisions of this section for such additional time as determined by the court.

      3.  A violation of this section:

      (a) Is not a moving traffic violation for the purposes of NRS 483.473; and

      (b) Is not grounds for suspension or revocation of the driver’s license for the purposes of NRS 483.360.

      Sec. 4.  1.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver is violating a provision of section 3 of this act. Except as otherwise provided in subsection 2, a citation may be issued for a violation of section 3 of this act only if the violation is discovered when the vehicle is halted or its driver is arrested for another alleged violation or offense.

      2.  A peace officer shall not issue a citation to a person for operating a motor vehicle in violation of section 3 of this act if the person provides satisfactory evidence that the person has held the driver’s license for the period required pursuant to section 3 of this act.

      Sec. 5.  The Department may:

      1.  With respect to a driver’s license that is issued pursuant to section 2 of this act:

      (a) Include on the face of the license the original date on which the license was issued; or

      (b) Otherwise indicate that the license is for use by a person who:

             (1) Is 16 or 17 years of age; and

             (2) Has satisfied the requirements set forth in section 2 of this act before receiving the license;

      2.  Issue drivers’ licenses pursuant to section 2 of this act, in accordance with the requirements of NRS 483.347, with distinguishing characteristics which clearly indicate that the licensee is 16 or 17 years of age; and

      3.  Adopt regulations necessary to carry out the provisions governing the issuance of drivers’ licenses pursuant to section 2 of this act.

      Sec. 6.  If the driver’s license of a person who is under 18 years of age is restricted or suspended as a result of an act committed in violation of sections 2 to 6, inclusive, of this act, the restriction or suspension remains in effect until the end of the term of the restriction or suspension even if the person becomes 18 years of age before the end of the term of the restriction or suspension.

 


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ê2005 Statutes of Nevada, Page 2308 (Chapter 471, AB 52)ê

 

the person becomes 18 years of age before the end of the term of the restriction or suspension.

      Sec. 7.  NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive [:] , and sections 2 to 6, inclusive, of this act:

      1.  To any person who is under the age of 18 years, except that the Department may issue:

      (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) [Except as otherwise provided in paragraph (e), a license to a person between the ages of 15 3/4 and 18 years if:

             (1) He has completed a course:

                   (I) In automobile driver education pursuant to NRS 389.090; or

                   (II) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

             (2) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280;

             (3) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the training and experience required by subparagraphs (1) and (2); and

             (4) He has held an instruction permit for at least:

                   (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

                   (II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

                   (III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.

      (e) A license to a person who is between the ages of 15 3/4 and 18 years if:

             (1) The public school in which he is enrolled is located in a county whose population is less than 50,000 or in a city or town whose population is less than 25,000;

             (2) The public school does not offer automobile driver education;

             (3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280;

             (4) His parent or legal guardian signs and submits to the Department a form provided by the Department which attests that the person who wishes to obtain the license has completed the experience required by subparagraph (3); and

 


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ê2005 Statutes of Nevada, Page 2309 (Chapter 471, AB 52)ê

 

             (5) He has held an instruction permit for at least:

                   (I) Ninety days before he applies for the license, if he was under the age of 16 years at the time he obtained the instruction permit;

                   (II) Sixty days before he applies for the license, if he was at least 16 years of age but less than 17 years of age at the time he obtained the instruction permit; or

                   (III) Thirty days before he applies for the license, if he was at least 17 years of age but less than 18 years of age at the time he obtained the instruction permit.] A driver’s license to a person who is 16 or 17 years of age pursuant to section 2 of this act.

      2.  To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.

      3.  To any person whose license has been suspended, but upon good cause shown to the Administrator, the Department may issue a restricted license to him or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, and sections 2 to 6, inclusive, of this act to take an examination, unless he has successfully passed the examination.

      6.  To any person when the Administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

      7.  To any person who is not a resident of this State.

      8.  To any child who is the subject of a court order issued pursuant to title 5 of NRS which delays his privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.

      Sec. 8.  NRS 483.255 is hereby amended to read as follows:

      483.255  The Department shall adopt regulations that set forth the number of hours of training which a person whose age is less than 18 years must complete in a course provided by a school for training drivers to be issued a driver’s license pursuant to [sub-subparagraph (II) of subparagraph (1)] subparagraph (2) of paragraph [(d)] (a) of subsection 1 of [NRS 483.250.] section 2 of this act. The regulations must require that the number of hours that must be completed by such a person be comparable to the number of hours of instruction which would be required of such a person if he completed his training in a course provided pursuant to NRS 389.090.

      Sec. 9.  NRS 483.620 is hereby amended to read as follows:

      483.620  It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and sections 2 to 6, inclusive, of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and sections 2 to 6, inclusive, of this act, or other law of this State, declared to be a felony.

      Sec. 10.  NRS 484.466 is hereby amended to read as follows:

      484.466  1.  A person [shall not operate a motor vehicle in a jurisdiction during any time when he is in violation of a curfew in the jurisdiction.] to whom a driver’s license has been issued pursuant to section 2 of this act shall not operate a motor vehicle between the hours of 10 p.m. and 5 a.m. unless he is operating the vehicle to drive to or from a scheduled event.

 


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ê2005 Statutes of Nevada, Page 2310 (Chapter 471, AB 52)ê

 

scheduled event. A peace officer shall not issue a citation to a person for operating a vehicle in violation of this section if the person provides evidence satisfactory to the peace officer that the reason that the person is operating the vehicle between the hours of 10 p.m. and 5 a.m. is because he is driving to or from a scheduled event.

      2.  A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver of the vehicle is violating subsection 1. A citation may be issued for a violation of subsection 1 only if the violation is discovered when the vehicle is halted or its driver is arrested for another violation or offense.

      Sec. 11.  NRS 389.090 is hereby amended to read as follows:

      389.090  1.  The State Board shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this State. The regulations must set forth, without limitation:

      (a) The number of hours of training that must be completed by a pupil who enrolls in a course in automobile driver education;

      (b) That a course in automobile driver education [may be] :

             (1) Must include a component of training conducted in a classroom [or] ; and

             (2) May, in addition to the component of training conducted in a classroom, include a component of training conducted in a motor vehicle ; [, or both;] and

      (c) That if a course in automobile driver education [is] includes components of training conducted both in a classroom and in a motor vehicle [, 1] :

             (1) One hour of training in a motor vehicle is equivalent to 3 hours of training in a classroom [.] ; and

             (2) Not more than one-half of the required number of hours of training described in paragraph (a) may be training in a motor vehicle.

      2.  The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.

      3.  The board of trustees of a school district may establish and maintain courses in automobile driver education during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:

      (a) Pupils enrolled in the regular full-time day high schools in the school district.

      (b) Pupils enrolled in summer classes conducted in high schools in the school district.

Ê A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available money of the school district.

      4.  A governing body of a charter school may establish and maintain courses in automobile driver education if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.

      5.  Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the State Board and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

 


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ê2005 Statutes of Nevada, Page 2311 (Chapter 471, AB 52)ê

 

with the regulations of the State Board and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.

      6.  Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in:

      (a) Motor vehicle insurance.

      (b) The effect of drugs and alcohol on an operator of a motor vehicle.

      7.  Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must be restricted to pupils who are at least 15 years of age.

      Sec. 12.  NRS 483.253 is hereby repealed.

      Sec. 13.  The provisions of sections 2 to 5, inclusive, and 7 of this act do not apply to a person who has been issued a driver’s license before October 1, 2005.

________

 

CHAPTER 472, AB 239

Assembly Bill No. 239–Assemblyman Hardy

 

CHAPTER 472

 

AN ACT relating to transportation; providing under certain circumstances for the examination of a holder of a driver’s license; authorizing the Department of Motor Vehicles to establish a program to imprint certain indicators of a medical condition on a driver’s license or identification card; requiring the Department to send a notice of suspension of registration to certain owners of motor vehicles; transferring the authority to provide for benches and shelters for passengers of public mass transportation from local governments to the regional transportation commission in certain larger counties; requiring the regional transportation commission to establish an advisory committee to provide information and advice to the regional transportation commission concerning the construction and maintenance of those benches and shelters; revising certain provisions relating to the licensure of authorized inspection stations; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  A person who is 18 years of age or older may file with the Department a report requesting that the Department examine a licensee who:

      (a) Is related to the person filing the report within the third degree of consanguinity or who is the spouse of the person filing the report; and

      (b) The person filing the report reasonably and in good faith believes cannot safely operate a motor vehicle.

      2.  The report described in subsection 1 must:

 


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ê2005 Statutes of Nevada, Page 2312 (Chapter 472, AB 239)ê

 

      (a) Include the name, relationship, address, telephone number and signature of the person filing the report.

      (b) State the person’s basis for believing that the licensee cannot safely operate a motor vehicle, which basis must be:

             (1) Personal observation or physical evidence of a physical or medical condition that has the potential to impair the ability of the licensee to operate a motor vehicle, corroborated by an affidavit from a physician in which the physician concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle;

             (2) Personal knowledge that the driving record of the licensee indicates the unsafe operation of a motor vehicle, corroborated by an affidavit from a physician in which the physician concurs that the licensee should be examined to determine the licensee’s ability to safely operate a motor vehicle; or

             (3) An investigation by a law enforcement officer.

      (c) Be kept confidential, except that the report must be released upon request of the licensee or an order of a court of competent jurisdiction.

Ê No person may file more than one report concerning the same licensee within a 12-month period.

      3.  The Director shall prescribe:

      (a) A standard form to be used for the filing of a report pursuant to this section; and

      (b) The procedure to be used for the filing of a report pursuant to this section.

      Sec. 3.  1.  If the Department receives a report filed pursuant to section 2 of this act, the Department shall, upon written notice to the licensee of at least 5 days, require the licensee to submit to all or part of the regular examination set forth in NRS 483.330. Upon conclusion of the examination, the Department shall take action as it deems appropriate and may suspend or revoke the license of the person or allow him to retain the license, or may issue a license subject to restriction as described in NRS 483.360 or restrictions as to the type or class of vehicle that may be driven. Refusal or neglect on the part of the licensee to submit to the examination is grounds for suspension or revocation of his license.

      2.  A person whose driver’s license is restricted, suspended or revoked pursuant to this section may request a total or partial reinstatement of that license. An appropriate replacement license must be issued to the licensee upon his satisfactory completion of the requirements for reinstatement established by the Department pursuant to NRS 483.495.

      Sec. 4.  1.  The Department may adopt regulations establishing a program for the imprinting of a symbol or other indicator of a medical condition on a driver’s license or identification card issued by the Department.

      2.  Regulations adopted pursuant to subsection 1 must require the symbol or other indicator of a medical condition which is imprinted on a driver’s license or identification card to conform with the International Classification of Diseases, Ninth Revision, Clinical Modification, or the most current revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services.

      3.  The Department may apply for and accept any gift, grant, appropriation or other donation to assist in carrying out a program established pursuant to the provisions of this section.

 


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ê2005 Statutes of Nevada, Page 2313 (Chapter 472, AB 239)ê

 

      Sec. 5.  NRS 483.010 is hereby amended to read as follows:

      483.010  The provisions of NRS 483.010 to 483.630, inclusive, and sections 2, 3 and 4 of this act may be cited as the Uniform Motor Vehicle Drivers’ License Act.

      Sec. 6.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the name, date of birth, mailing address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General or the Chairman of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license pursuant to subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to have indicated whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; [and]

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization [.] ; and

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant section 4 of this act, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his driver’s license.

 


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ê2005 Statutes of Nevada, Page 2314 (Chapter 472, AB 239)ê

 

symbol or other indicator of a medical condition imprinted on his driver’s license.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 7.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 

A license issued to a person 65 years of age or older......................... $14

An original license issued to any other person....................................... 19

A renewal license issued to any other person......................................... 19

Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385................ 40

Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.................................................................................................. 65

A new photograph, change of name, change of other information, except address, or any combination           5

A duplicate license...................................................................................... 14

 

      2.  For every motorcycle endorsement to a driver’s license, a fee of $5 must be charged.

      3.  If no other change is requested or required, the Department shall not charge a fee to convert the number of a license from the licensee’s social security number, or a number that was formulated by using the licensee’s social security number as a basis for the number, to a unique number that is not based on the licensee’s social security number.

      4.  The increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.383 and 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      5.  A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.

      6.  The Department may not charge a fee for the reinstatement of a driver’s license that has been:

      (a) Voluntarily surrendered for medical reasons; or

      (b) Cancelled pursuant to NRS 483.310.

      7.  All fees and penalties are payable to the Administrator at the time a license or a renewal license is issued.

      8.  Except as otherwise provided in NRS 483.340, 483.415 and 483.840, or subsection 5 of section 4 of this act, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

 


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ê2005 Statutes of Nevada, Page 2315 (Chapter 472, AB 239)ê

 

      Sec. 8.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) The name and sample signature of the holder.

      (b) A unique identification number assigned to the holder that is not based on the holder’s social security number.

      (c) A personal description of the holder.

      (d) The date of birth of the holder.

      (e) The current address of the holder in this State.

      (f) A colored photograph of the holder.

      4.  The information required to be included on the identification card pursuant to subsection 3 must be placed on the card in the manner specified in subsection 1 of NRS 483.347.

      5.  At the time of the issuance or renewal of the identification card, the Department shall:

      (a) Give the holder the opportunity to have indicated on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or to refuse to make an anatomical gift of his body or part of his body;

      (b) Give the holder the opportunity to indicate whether he wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; [and]

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registration as a donor with The Living Bank International or its successor organization [.] ; and

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant section 4 of this act, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his identification card.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      7.  The Department shall submit to The Living Bank International, or its successor organization, information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

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

      Sec. 9.  NRS 484.287 is hereby amended to read as follows:

      484.287  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or section 15 of this act, or on monorail stations.

 


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ê2005 Statutes of Nevada, Page 2316 (Chapter 472, AB 239)ê

 

effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal or marking bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or section 15 of this act, or on monorail stations.

      2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

      3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

      4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.

      5.  If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      6.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

      Sec. 10.  NRS 485.317 is hereby amended to read as follows:

      485.317  1.  Subject to the limitations set forth in this subsection and subsection 2, the Department shall, at least monthly, compare the current registrations of motor vehicles to the information in the database created pursuant to NRS 485.313 to verify that each motor vehicle:

      (a) Which is newly registered in this State; or

      (b) For which a policy of liability insurance has been issued, amended or terminated,

Ê is covered by a policy of liability insurance as required by NRS 485.185. In identifying a motor vehicle for verification pursuant to this subsection, the Department may, if the motor vehicle was manufactured during or after 1981, use only the last eight digits of the vehicle identification number. In comparing the vehicle identification number of a motor vehicle to the vehicle identification number in a policy of liability insurance, to determine if the two vehicle identification numbers match, the Department may find that the two vehicle identification numbers match if no fewer than seven of the last eight digits of the two vehicle identification numbers match.

      2.  Except as otherwise provided in this subsection, the Department may use any information to verify, pursuant to subsection 1, whether the motor vehicle is covered by a policy of liability insurance as required by NRS 485.185.

 


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ê2005 Statutes of Nevada, Page 2317 (Chapter 472, AB 239)ê

 

vehicle is covered by a policy of liability insurance as required by NRS 485.185. The Department may not use the name of the owner of a motor vehicle as the primary means of verifying that a motor vehicle is covered by a policy of liability insurance.

      3.  If, pursuant to subsection 1, the Department determines that a motor vehicle is not covered by a policy of liability insurance as required by NRS 485.185, the Department shall send a form for verification by first-class mail to each registered owner that it determines has not maintained the insurance required by NRS 485.185. The owner shall complete the form with all the information which is requested by the Department, including whether he carries an owner’s or operator’s policy of liability insurance or a certificate of self-insurance, and return the completed form within 20 days after the date on which the form was mailed by the Department. If the Department does not receive the completed form within 20 days after it mailed the form to the owner, the Department shall send to the owner a [second form for verification] notice of suspension of registration by certified mail. The [owner shall complete the form and return it] notice must inform the owner that unless he submits a completed form to the Department within 15 days after the date on which [it] the notice was sent by the Department [.] his registration will be suspended pursuant to subsection 5. This subsection does not prohibit an authorized agent of the owner from providing to the Department:

      (a) The information requested by the Department pursuant to this subsection.

      (b) Additional information to amend or correct information already submitted to the Department pursuant to this subsection.

      4.  When the Department receives a completed form for verification, it shall verify the information on the form.

      5.  The Department shall suspend the registration and require the return to the Department of the license plates of any vehicle for which [:

      (a) Neither of the forms] the form for verification set forth in subsection 3 is :

      (a) Not returned to the Department by the registered owner or his authorized agent within the period specified in that subsection;

      (b) [Either of the forms for verification set forth in subsection 3 is returned] Returned to the Department by the registered owner or his authorized agent and the Department is not able to verify the information on the form; or

      (c) [Either of the forms for verification set forth in subsection 3 is returned] Returned by the registered owner or his authorized agent with an admission of having no insurance or without indicating an insurer or the number of a motor vehicle liability policy or a certificate of self-insurance.

      6.  If the Department suspends a registration pursuant to subsection 5 because:

      (a) Neither the owner nor his authorized agent returned a form for verification within the specified period or the owner or his authorized agent returned a form for verification that was not completed sufficiently, and the owner or his authorized agent, thereafter:

             (1) Proves to the satisfaction of the Department that there was a justifiable cause for his failure to do so;

             (2) Submits a completed form regarding his insurance on the date stated in the form mailed by the Department pursuant to subsection 3; and

 


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ê2005 Statutes of Nevada, Page 2318 (Chapter 472, AB 239)ê

 

             (3) Presents evidence of current insurance; or

      (b) The owner or his authorized agent submitted to the Department a form for verification containing information that the Department was unable to verify and, thereafter, the owner or his authorized agent presents to the Department:

             (1) A corrected form or otherwise verifiable evidence setting forth that the owner possessed insurance on the date stated in the form; and

             (2) Evidence of current insurance,

Ê the Department shall rescind its suspension of the registration if it is able to verify the information on the form or the other evidence presented. The Department shall not charge a fee to reinstate a registration, the suspension of which was rescinded pursuant to this subsection. For the purposes of this subsection, “justifiable cause” may include, but is not limited to, the fact that the owner did not receive the form mailed by the Department pursuant to subsection 3.

      7.  Except as otherwise provided in subsections 8 and 9, if a registered owner whose registration is suspended pursuant to subsection 5, failed to have insurance on the date specified in the form for verification, the Department shall reinstate the registration of the vehicle and reissue the license plates only upon filing by the registered owner of evidence of current insurance and payment of the fee for reinstatement of registration prescribed in paragraph (a) of subsection 6 of NRS 482.480.

      8.  If a registered owner proves to the satisfaction of the Department that his vehicle was a dormant vehicle during the period in which the information provided pursuant to NRS 485.314 indicated that there was no insurance for the vehicle, the Department shall reinstate his registration and, if applicable, reissue his license plates. If such an owner of a dormant vehicle failed to cancel the registration for the vehicle in accordance with subsection 3 of NRS 485.320, the Department shall not reinstate his registration or reissue his license plates unless the owner pays the fee set forth in paragraph (b) of subsection 6 of NRS 482.480.

      9.  If the Department suspends the registration of a motor vehicle pursuant to subsection 5 because the registered owner of the motor vehicle failed to have insurance on the date specified in the form for verification, and if the registered owner, in accordance with regulations adopted by the Department, proves to the satisfaction of the Department that he was unable to comply with the provisions of NRS 485.185 on that date because of extenuating circumstances, the Department may:

      (a) Reinstate the registration of the motor vehicle and reissue the license plates upon payment by the registered owner of a fee of $50, which must be deposited in the Account for Verification of Insurance created by subsection 6 of NRS 482.480; or

      (b) Rescind the suspension of the registration without the payment of a fee.

Ê The Department shall adopt regulations to carry out the provisions of this subsection.

      10.  For the purposes of verification of insurance by the Department pursuant to this section, a motor vehicle shall be deemed to be covered by liability insurance unless the motor vehicle is without coverage for a period of more than 7 days.

 


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ê2005 Statutes of Nevada, Page 2319 (Chapter 472, AB 239)ê

 

      Sec. 11.  NRS 244.187 is hereby amended to read as follows:

      244.187  A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that county by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that county by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the county.

      7.  Operation of landfills.

      8.  [Construction] Except as otherwise provided in section 15 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      Sec. 12.  NRS 268.081 is hereby amended to read as follows:

      268.081  The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that city by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that city by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the city.

      7.  Operation of landfills.

      8.  Search and rescue.

      9.  Inspection required by any city ordinance otherwise authorized by law.

      10.  [Construction] Except as otherwise provided in section 15 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      11.  Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.

      Sec. 13.  NRS 269.128 is hereby amended to read as follows:

      269.128  A town board or board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the town and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that town by an agency of the State.

 


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ê2005 Statutes of Nevada, Page 2320 (Chapter 472, AB 239)ê

 

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that town by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the town.

      7.  Operation of landfills.

      8.  [Construction] Except as otherwise provided in section 15 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      Sec. 14.  Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 and 16 of this act.

      Sec. 15.  In a county whose population is 400,000 or more:

      1.  The commission shall provide for the construction and maintenance of benches and shelters for passengers of public mass transportation.

      2.  In carrying out its duties pursuant to subsection 1, the commission may displace or limit competition in the construction and maintenance of such benches and shelters. The commission may:

      (a) Provide those services on an exclusive basis or adopt a regulatory scheme for controlling the provision of those services; or

      (b) Grant an exclusive franchise to any person to provide those services.

      3.  The commission shall post on each bench, and within each shelter, a notice that provides a telephone number that a person may use to report damage to the bench or shelter.

      4.  No board of county commissioners, governing body of an incorporated city or town board may provide for the construction or maintenance of benches and shelters for passengers of public mass transportation.

      Sec. 16.  1.  In a county whose population is 400,000 or more, the commission shall establish an advisory committee to provide information and advice to the commission concerning the construction and maintenance of benches and shelters for passengers of public mass transportation in the county. The membership of the advisory committee must consist of:

      (a) Two members of the general public from each city within the county who are appointed by the governing body of that city; and

      (b) Six members of the general public appointed by the commission.

      2.  Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

      3.  A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

      4.  The advisory committee shall meet at least six times annually.

      5.  At its first meeting and annually thereafter, the advisory committee shall elect a chairman and vice chairman from among its members.

      6.  Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

 


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ê2005 Statutes of Nevada, Page 2321 (Chapter 472, AB 239)ê

 

      Sec. 17.  NRS 405.030 is hereby amended to read as follows:

      405.030  1.  Except as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or section 15 of this act, or on monorail stations, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:

      (a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.

      (b) Within 20 feet of the main-traveled way of any unimproved highway.

      (c) On the property of another within view of any such highway, without the owner’s written consent.

      2.  Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.

      3.  A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

      4.  If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      5.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

      Sec. 18.  NRS 405.110 is hereby amended to read as follows:

      405.110  1.  Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or section 15 of this act, or on monorail stations, no advertising signs, signboards, boards or other materials containing advertising matter may:

      (a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.

 


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      (b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.

      (c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

      (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

      2.  With the permission of the Department of Transportation, counties, towns or cities of this State may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.

      3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

      (a) The Department of Transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

             (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

             (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or

      (b) The person owns real property adjacent to an interstate highway and:

             (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

             (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

             (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

             (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

      4.  A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

      5.  If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.

      6.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

 


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ê2005 Statutes of Nevada, Page 2323 (Chapter 472, AB 239)ê

 

liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

      7.  If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      8.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

      Sec. 19.  NRS 445B.775 is hereby amended to read as follows:

      445B.775  The regulations adopted pursuant to NRS 445B.770 must establish requirements by which the Department of Motor Vehicles may license:

      1.  Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles. The regulations adopted pursuant to NRS 445B.770 must provide that a facility licensed as an authorized inspection station:

      (a) Except as otherwise provided in paragraph (b), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

      (b) May perform the following activities in connection with a motor vehicle:

             (1) The changing of oil;

             (2) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

             (3) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      2.  Authorized maintenance stations, including criteria by which any person may become qualified to install, repair and adjust devices for the control of emissions for motor vehicles.

      3.  Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.

      Sec. 20.  NRS 445B.785 is hereby amended to read as follows:

      445B.785  1.  The Department of Motor Vehicles shall adopt regulations which:

      (a) Prescribe requirements for licensing authorized inspection stations, authorized maintenance stations, authorized stations and fleet stations. The regulations adopted by the Department of Motor Vehicles pursuant to this paragraph must provide that a facility licensed as an authorized inspection station:

 


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paragraph must provide that a facility licensed as an authorized inspection station:

             (1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

             (2) May perform the following activities in connection with a motor vehicle:

                   (I) The changing of oil;

                   (II) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

                   (III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.

      (c) Prescribe the diagnostic equipment necessary to perform the required inspection. The regulations must ensure that the equipment complies with any applicable standards of the United States Environmental Protection Agency.

      (d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445B.700 to 445B.815, inclusive.

      (e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.

      2.  The Department of Motor Vehicles shall issue a copy of the regulations to each authorized inspection station, authorized maintenance station, authorized station and fleet station.

      Sec. 21.  On July 1, 2005, any contract for the construction and maintenance of benches and shelters for passengers of public mass transportation, or for an exclusive franchise to provide such services, entered into by a local government in a county whose population is 400,000 or more shall be deemed to be a contract with the regional transportation commission for that county. All rights and obligations of the local government on that date under such a contract become the rights and obligations of the regional transportation commission.

      Sec. 22.  1.  The regional transportation commission for a county whose population is 400,000 or more shall, in accordance with section 15 of this act, provide for the construction of at least a total of 20 benches or shelters, or any combination thereof, for passengers of public mass transportation during each fiscal year of the 2005-2007 biennium.

      2.  In providing for the construction of benches and shelters pursuant to subsection 1, the regional transportation commission shall, to the extent practicable, give priority to the construction of benches and shelters along fixed bus routes where the period of waiting between buses is 45 minutes or more.

      3.  On or before January 1, 2007, the regional transportation commission shall:

      (a) Prepare a report that:

 


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ê2005 Statutes of Nevada, Page 2325 (Chapter 472, AB 239)ê

 

             (1) Identifies the locations of the benches and shelters for passengers of public mass transportation that were constructed pursuant to subsection 1 during the 2005-2007 biennium;

             (2) Describe the activities and plans of the regional transportation commission relating to future construction of benches and shelters for passengers of public mass transportation;

             (3) Describe the activities and plans of the regional transportation commission relating to the maintenance of the benches and shelters, including, without limitation, any renegotiation of existing contracts for the construction and maintenance of benches and shelters for passengers of public mass transportation; and

             (4) Describe the activities of any advisory committees created by the regional transportation commission, and of the advisory committee established pursuant to section 16 of this act, relating to the construction and maintenance of benches and shelters for passengers of public mass transportation.

      (b) Submit the report prepared pursuant to paragraph (a) to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Legislature.

      Sec. 23.  1.  This section and sections 9, 11 to 18, inclusive, 21 and 22 of this act become effective on July 1, 2005.

      2.  Sections 1, 2, 3, 5, 10, 19 and 20 of this act become effective on October 1, 2005.

      3.  Sections 4, 6, 7 and 8 of this act become effective on July 1, 2006.

________

 

CHAPTER 473, AB 343

Assembly Bill No. 343–Assemblymen Giunchigliani, Smith, Ohrenschall, Manendo, Parks, Buckley, Claborn, Gerhardt, Koivisto, Leslie, McClain and Pierce

 

CHAPTER 473

 

AN ACT relating to manufactured housing; enacting provisions relating to repairs and connection of utilities in manufactured home parks; requiring landlords of manufactured home parks to disclose to tenants certain information regarding utility charges; requiring certain information to be included in rental agreements and leases for certain manufactured homes; revising provisions governing the administrative powers and duties of the Manufactured Housing Division of the Department of Business and Industry; revising provisions relating to the closure of manufactured home parks for health and safety reasons; requiring the Division to provide certain information to owners of mobile home parks; requiring certain inspections of mobile home parks; prohibiting the operation of mobile home parks without certain approvals and permits; revising provisions governing the condemnation of mobile home parks; authorizing the imposition of certain administrative fines; requiring all manufactured homes, mobile homes, commercial coaches and travel trailers sold or used for residential purposes in this State to be equipped with a smoke detector; providing penalties; and providing other matters properly relating thereto.

 

 


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ê2005 Statutes of Nevada, Page 2326 (Chapter 473, AB 343)ê

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  If a repair to a manufactured home may affect life, health or safety and the repair may be performed legally only by a person who is qualified by licensure or certification to perform such a repair:

      1.  A person shall not perform the repair unless he has such qualifications; and

      2.  A tenant or a landlord, or his agent or employee, shall not allow a third party to perform the repair if he knows or, in light of all the surrounding facts and circumstances, reasonably should know that the third party does not have such qualifications.

      Sec. 3.  1.  A tenant or a landlord, or his agent or employee, shall not make any connection of electricity, water, natural gas or propane to a manufactured home except as authorized by law.

      2.  An employee of the Division who has cause to believe that a tenant or a landlord, or his agent or employee, has violated subsection 1 shall report the suspected violation to:

      (a) The Administrator; and

      (b) The appropriate utility.

      Sec. 4.  If a landlord bills a tenant individually for utility charges derived from a utility bill for the manufactured home park which represents utility usage for multiple tenants, the landlord shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park or other common area in the manufactured home park, or provide to each tenant who is individually billed for the utility charges:

      1.  A copy of the utility bill for the park; and

      2.  A statement indicating the portion of the utility bill for which each tenant is responsible.

      Sec. 5.  If a person owns a manufactured home on a manufactured home lot and the person, either directly or through an agent, leases the manufactured home to another person, the rental agreement or lease must include, in addition to any other information required by law, the following information:

      1.  The name and address of the person who owns the manufactured home;

      2.  The year the manufactured home was manufactured;

      3.  The year the manufactured home was moved into the manufactured home park;

      4.  The year the person acquired the manufactured home; and

      5.  The date of each inspection of the manufactured home.

      Sec. 6.  1.  Except as otherwise provided in this section, all money collected from administrative fines imposed pursuant to this chapter must be deposited in the State General Fund.

      2.  The money collected from an administrative fine may be deposited with the State Treasurer for credit to the Fund for Manufactured Housing created pursuant to NRS 489.491 if:

 


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ê2005 Statutes of Nevada, Page 2327 (Chapter 473, AB 343)ê

 

      (a) The person pays the administrative fine without exercising his right to a hearing to contest the administrative fine; or

      (b) The administrative fine is imposed in a hearing conducted by a hearing officer or panel appointed by the Administrator.

      3.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Secs. 7-9.  (Deleted by amendment.)

      Sec. 9.1.  NRS 118B.073 is hereby amended to read as follows:

      118B.073  Upon payment of the periodic rent by a tenant of a manufactured home park, the landlord of that park shall [, upon request,] issue to the tenant a receipt which indicates the amount and the date of the payment. The landlord shall issue the receipt as soon as practicable after payment, but not later than 5 days after he receives payment.

      Sec. 9.3.  NRS 118B.095 is hereby amended to read as follows:

      118B.095  1.  The landlord shall authorize each manager and assistant manager to make repairs himself or enter into a contract with a third party for the repairs. If the repairs are subject to the provisions of section 2 of this act, the repairs must be made in compliance with the provisions of that section.

      2.  Except as otherwise provided in subsection 3, the manager shall contract with a third party to provide emergency repairs for the tenants on the occasions when the manager and assistant manager are not physically present in the park. The manager shall notify each tenant of the telephone number of the third party who will make the repairs, and direct the tenants to call him when an emergency repair is needed and the manager and assistant manager are not physically present in the park. The telephone number so provided must be that of the third party directly. The provision of the telephone number of an answering service does not fulfill this requirement. If the manager or assistant manager is present in the park, any request for repairs must be made to him and not the third party.

      3.  The provisions of subsection 2 do not apply to a manufactured home park that is owned by:

      (a) A nonprofit organization; or

      (b) A housing authority,

Ê if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.

      4.  As used in this section, “repairs” means only repairs to the property of the owner of the manufactured home park.

      Sec. 9.5.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a manufactured home park [he] , or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amount described in subsection 2 or 3, in accordance with the choice of the tenant.

 


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reasons, the landlord shall pay the amount described in subsection 2 or 3, in accordance with the choice of the tenant.

      2.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving each tenant’s manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or

      (b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities, and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

      3.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.

      4.  Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      5.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      Sec. 9.7.  NRS 118B.180 is hereby amended to read as follows:

      118B.180  1.  A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body . [, and:] In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord offers, in writing, to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 90 days or until the landlord receives a written rejection of the offer from the tenant, whichever occurs earlier;

      (c) The landlord does not sell the lot to a person other than the tenant for 90 days after the termination of the offer required pursuant to paragraph (b) at a price or on terms that are more favorable than the price or terms offered to the tenant;

 


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at a price or on terms that are more favorable than the price or terms offered to the tenant;

      (d) If a tenant does not exercise his option to purchase the lot pursuant to paragraph (b), the landlord pays:

             (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location within 50 miles from the manufactured home park; or

             (2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      [2.] 3.  Notice sent pursuant to paragraph (a) of subsection [1] 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection [1] 2 does not constitute notice of termination of the tenancy.

      [3.] 4.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

      [4.] 5.  The provisions of this section do not apply to a corporate cooperative park.

      Sec. 9.9.  NRS 118B.183 is hereby amended to read as follows:

      118B.183  1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body . [, and] In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord pays the amount described in subsection [2 or 3,] 3 or 4, in accordance with the choice of the tenant; and

      (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.

      [2.] 3.  If the tenant chooses to move the manufactured home, the landlord shall pay to the tenant:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or

 


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      (b) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park.

      [3.] 4.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged, or there is no manufactured home park within 50 miles that is willing to accept the manufactured home, the landlord:

      (a) May remove and dispose of the manufactured home; and

      (b) Shall pay to the tenant the fair market value of the manufactured home less the reasonable cost of removing and disposing of the manufactured home.

      [4.] 5.  A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the manufactured home park.

      [5.] 6.  For the purposes of this section, the fair market value of a manufactured home and the reasonable cost of removing and disposing of a manufactured home must be determined by:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or

      (b) If the landlord and tenant cannot agree pursuant to paragraph (a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.

      [6.] 7.  The provisions of this section do not apply to a corporate cooperative park.

      Sec. 10.  NRS 118B.210 is hereby amended to read as follows:

      118B.210  1.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a manufactured home lot as retaliation upon the tenant because:

      (a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

      (b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and sections 2, 3 and 4 of this act, or 118B.240.

      (c) He has organized or become a member of a tenants’ league or similar organization.

      (d) He has requested the reduction in rent required by:

             (1) NRS 118.165 as a result of a reduction in property taxes.

             (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

      (e) A citation has been issued to the landlord as the result of a complaint of the tenant.

      (f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

      2.  A landlord, manager or assistant manager of a manufactured home park shall not willfully harass a tenant.

 


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      3.  A tenant shall not willfully harass a landlord, manager or assistant manager of a manufactured home park or an employee or agent of the landlord.

      4.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his rights pursuant to this chapter.

      Sec. 11.  Chapter 461A of NRS is hereby amended by adding thereto the provisions set forth as sections 11.3 to 13.8, inclusive, of this act.

      Sec. 11.3.  1.  The Division shall:

      (a) Provide to each owner of a mobile home park a checklist of the provisions of this chapter which must include, without limitation:

             (1) Contact information regarding the Division; and

             (2) A simple description of each provision of this chapter; and

      (b) Update the checklist each time a provision of this chapter is added, amended or repealed.

      2.  Each owner of a mobile home park shall provide a copy of the checklist to each manager and assistant manager of the mobile home park.

      3.  In preparing the checklist pursuant to this section, the Division may consult with any public or private entities, including, without limitation, the representatives of owners and tenants of mobile home parks.

      4.  As used in this section, “manager” has the meaning ascribed to it in NRS 118B.0145.

      Sec. 11.5.  A city or county shall not issue a business license for a mobile home park unless the person applying for the business license provides written proof from the agency for enforcement that the mobile home park is in compliance with all applicable fire, health and safety codes and regulations and the provisions of this chapter and any regulations adopted pursuant thereto.

      Sec. 11.7.  1.  If a person applies for the initial business license for a mobile home park or acquires ownership of a mobile home park, the person shall, within 3 business days, notify the local fire department within whose jurisdiction the mobile home park is located.

      2.  Upon receiving notice pursuant to subsection 1, the local fire department shall inspect the mobile home park for fire hazards and compliance with applicable fire codes and regulations and shall notify the Administrator of any violations.

      Sec. 12.  If an agency for enforcement has cause to believe that a mobile home is substandard or that the owner of a mobile home lot or mobile home park is in violation of any applicable health or safety code or regulation, or is in violation of any provision of this chapter or any regulation adopted pursuant thereto, the agency shall:

      1.  Inspect the mobile home, mobile home lot or mobile home park not later than 3 business days after the agency learns of the alleged substandard condition or violation; and

      2.  Make a report of the inspection to the Administrator not later than 2 business days after completing the inspection.

      Sec. 13.  1.  A person shall not construct or expand a mobile home park unless he has obtained from the appropriate city, county or district board of health a permit certifying that the infrastructure of the park for the provision of water, septic and sanitation services does not endanger the safety or health of the tenants or the general public.

 


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      2.  The city, county or district board of health shall annually inspect a park to ensure that the infrastructure of the park for the provision of water, septic and sanitation services does not endanger the safety or health of the tenants or the general public. Upon satisfactory completion of the inspection, the city, county or district board of health shall issue a permit to the owner of the park.

      3.  A person shall not operate a park without first obtaining a permit issued pursuant to subsection 2.

      4.  The governing body of a city or county or the city, county or district board of health may charge and collect reasonable fees to cover the costs of conducting inspections and issuing permits pursuant to this section.

      Sec. 13.3.  A mobile home park may, without limitation, be condemned if the agency for enforcement determines that there exists in the park chronic conditions that render mobile homes in the park substandard pursuant to NRS 461A.120.

      Sec. 13.7.  If a local agency for enforcement determines that a mobile home park is in violation of any applicable health or safety code or regulation or is in violation of any provision of this chapter or any regulation adopted pursuant thereto, the local agency for enforcement shall notify the Administrator of the violation.

      Sec. 13.8.  1.  Except as otherwise provided in this section, all money collected from administrative fines imposed pursuant to this chapter must be deposited in the State General Fund.

      2.  The money collected from an administrative fine may be deposited with the State Treasurer for credit to the Fund for Manufactured Housing created pursuant to NRS 489.491 if:

      (a) The person pays the administrative fine without exercising his right to a hearing to contest the administrative fine; or

      (b) The administrative fine is imposed in a hearing conducted by a hearing officer or panel appointed by the Administrator.

      3.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 13.9.  NRS 461A.220 is hereby amended to read as follows:

      461A.220  1.  A person shall not:

      (a) Construct a mobile home park; or

      (b) Construct or alter lots, roads or other facilities in a mobile home park,

Ê unless he has obtained a construction permit from the agency for enforcement.

      2.  Each agency for enforcement may charge and collect reasonable fees, specified by ordinance or regulation, for its services.

      3.  Except as otherwise provided in NRS 489.265 [,] and section 13.8 of this act, money collected by the Division pursuant to this chapter must be deposited in the State Treasury for credit to the Fund for Manufactured Housing [.]

 


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Housing [.] created pursuant to NRS 489.491. Expenses of enforcement of this chapter must be paid from the Fund.

      Sec. 14.  NRS 461A.250 is hereby amended to read as follows:

      461A.250  1.  Any person who knowingly or willfully violates any of the provisions of this chapter or any order issued by the agency for enforcement is guilty of a misdemeanor.

      2.  [Any] Except as otherwise provided in subsection 4, in addition to any criminal penalty that might be imposed, any person who knowingly or willfully violates any provision of this chapter or any regulation issued pursuant [to it] thereto is liable for a civil penalty of not more than $500 for each violation or for each day of a continuing violation. The agency for enforcement may [institute] bring an action in the appropriate court to collect [any] the civil penalty . [arising under this section.]

      3.  All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the State General Fund or the general fund of the city or county, as the case may be.

      4.  In addition to any criminal penalty that might be imposed, the Administrator may, in lieu of bringing an action to collect a civil penalty pursuant to subsection 2, impose on and collect from any person who knowingly or willfully violates any provision of this chapter or any regulation issued pursuant thereto an administrative fine of not more than $500 for each violation or for each day of a continuing violation.

      Sec. 15.  NRS 489.701 is hereby amended to read as follows:

      489.701  1.  Any mobile home, commercial coach or travel trailer sold or used for residential purposes in this State [which is rented or leased for residential purposes] must be equipped with a smoke detector which meets standards approved by the State Fire Marshal.

      2.  Any manufactured home sold or used for residential purposes in this State [which is rented or leased for residential purposes] must be equipped with a smoke detector which meets federal construction and safety standards for manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      3.  An interconnectivity device for smoke detectors is not required to be installed in a mobile home or manufactured home that was not designed and produced by the manufacturer to accommodate such a device.

      Sec. 16.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 474, SB 422

Senate Bill No. 422–Committee on Government Affairs

 

CHAPTER 474

 

AN ACT relating to local governments; authorizing the governing body of a local government to adopt an ordinance requiring a person to obtain a certificate to manage certain hotels, motels and apartment complexes; authorizing the governing body of a local government to adopt an ordinance requiring that certain hotels, motels and apartment complexes be managed by a person issued such a certificate; prohibiting the governing body of a local government from requiring that a person who is licensed as a contractor obtain more than one business license or pay more than one license tax relating to engaging in the business of contracting; and providing other matters properly relating thereto.

 


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in the business of contracting; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Apartment complex” means a building or group of buildings, each building of which is arranged in several units of connecting rooms, with each unit designed for independent housekeeping.

      Sec. 4.  “Certificate” means a certificate to engage in property management issued pursuant to section 8 of this act.

      Sec. 5.  “Property” means a hotel, motel or apartment complex for which a business license issued by the county is required for its operation.

      Sec. 6.  “Property management” means the physical, administrative or financial management of a property.

      Sec. 7.  “Unit” means a structure or the part of a structure that is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

      Sec. 8.  1.  Except as otherwise provided in subsection 3, the board of county commissioners of each county may, by ordinance, require each person who wishes to engage in property management in an unincorporated area of the county to obtain a certificate issued by the board before engaging in property management.

      2.  If a board of county commissioners of a county adopts an ordinance pursuant to subsection 1:

      (a) Each person who engages in property management must make application for a certificate to the board of county commissioners of the county in which the property to be managed is to be located. The application must be in a form and manner prescribed by the board of county commissioners.

      (b) The board of county commissioners may:

             (1) Establish and collect a fee for the issuance or renewal of a certificate.

             (2) Grant or deny applications for the issuance or renewal of a certificate.

             (3) Impose conditions, limitations and restrictions upon a certificate.

             (4) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

             (5) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

 


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      (a) A person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A person engaging in property management of a property where gaming is conducted under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      Sec. 9.  1.  Except as otherwise provided in subsection 3, the board of county commissioners of each county may, by ordinance, require that a property which is located in an unincorporated area of the county must be managed by a person issued a certificate pursuant to the provisions of section 8 of this act.

      2.  If a board of county commissioners adopts an ordinance pursuant to the provisions of subsection 1, the board of county commissioners may:

      (a) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

      (b) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

      (a) A property managed by a person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A property where gaming is conducted under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      Sec. 10.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsection 2 [, the] or 3, a board of county commissioners may:

      (a) Except as otherwise provided in NRS 598D.150 [,] and sections 2 to 9, inclusive, of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      4.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The county license board shall provide upon request an application for a business license pursuant to NRS 360.780.

 


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      [4.] 5.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      [5.] 6.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced : [in the following manner:]

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      [6.] 7.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      Sec. 11.  NRS 244.33506 is hereby amended to read as follows:

      244.33506  1.  If a board of county commissioners requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.335 [,] or section 8 of this act, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the board of county commissioners the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520.

 


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Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The board of county commissioners shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license, certificate or permit; or

      (b) A separate form prescribed by the board of county commissioners.

      3.  A license, certificate or permit may not be issued or renewed by a board of county commissioners pursuant to NRS 244.335 or section 8 of this act if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the board of county commissioners shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 12.  NRS 244.33507 is hereby amended to read as follows:

      244.33507  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 244.335 or section 8 of this act must include the social security number of the applicant.

      Sec. 13.  NRS 244.3525 is hereby amended to read as follows:

      244.3525  1.  The chairman or clerk of the board of county commissioners to enforce NRS 244.335 to 244.340, inclusive, and sections 2 to 9, inclusive, of this act, the chairman or clerk of the license board of the county to enforce NRS 244.345 and the chairman or clerk of the liquor board of the county to enforce NRS 244.350, 244.3501 and 244.351 may:

      (a) Administer oaths and require testimony under oath;

      (b) Pay witnesses a reasonable allowance for travel and subsistence; and

      (c) Appoint hearing officers who may administer oaths and receive testimony given under oath.

      2.  Each hearing officer appointed pursuant to paragraph (c) of subsection 1 must be a resident of this State who is a graduate of:

      (a) An accredited law school; or

      (b) An accredited, 4-year college and has at least 5 years’ experience in public administration,

Ê and who has completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the office of the district attorney for the county. This course must consist of at least 4 hours of instruction in a classroom.

      3.  Any notice given by the board must be served in the manner required for civil actions.

      Sec. 14.  NRS 266.355 is hereby amended to read as follows:

      266.355  1.  Except as otherwise provided in subsection 3 [, the] or 4, a city council may:

 


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      (a) Except as otherwise provided in NRS 598D.150 [,] and sections 19 to 26, inclusive, of this act, regulate all businesses, trades and professions.

      (b) Except as otherwise provided in NRS 576.128, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      4.  A city council shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      Sec. 15.  NRS 266.358 is hereby amended to read as follows:

      266.358  1.  If a city council requires a person to obtain a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 [,] or section 25 of this act, an applicant for the issuance or renewal of such a license, certificate or permit shall submit to the city council the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The city council shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license, certificate or permit; or

      (b) A separate form prescribed by the city council.

      3.  A license, certificate or permit may not be issued or renewed by the city council pursuant to NRS 266.355 or section 25 of this act if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the city council shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 16.  NRS 266.362 is hereby amended to read as follows:

      266.362  1.  If a city council receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355 [,] or section 25 of this act, the city council shall deem the license, certificate or permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the city council receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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after the date on which the court order was issued unless the city council receives a letter issued to the holder of the license, certificate or permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license, certificate or permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  A city council shall reinstate a license, certificate or permit to practice a profession or occupation issued by the city council pursuant to NRS 266.355 or section 25 of this act that has been suspended by a district court pursuant to NRS 425.540 if the city council receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license, certificate or permit was suspended stating that the person whose license, certificate or permit was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 17.  NRS 266.368 is hereby amended to read as follows:

      266.368  An application for the issuance of a license, permit or certificate to practice a profession or occupation pursuant to NRS 266.355 or section 25 of this act must include the social security number of the applicant.

      Sec. 18.  Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 26, inclusive, of this act.

      Sec. 19.  As used in sections 19 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 20 to 24, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 20.  “Apartment complex” means a building or group of buildings, each building of which is arranged in several units of connecting rooms, with each unit designed for independent housekeeping.

      Sec. 21.  “Certificate” means a certificate to engage in property management issued pursuant to section 25 of this act.

      Sec. 22.  “Property” means a hotel, motel or apartment complex for which a business license issued by the city is required for its operation.

      Sec. 23.  “Property management” means the physical, administrative or financial management of a property.

      Sec. 24.  “Unit” means a structure or the part of a structure that is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

      Sec. 25.  1.  Except as otherwise provided in subsection 3, the city council or other governing body of any incorporated city in the State of Nevada, whether organized under general law or special charter, may, by ordinance, require each person who wishes to engage in property management in the incorporated area of the city to obtain a certificate issued by the city council or other governing body before engaging in property management.

      2.  If a city council or other governing body of an incorporated city adopts an ordinance pursuant to subsection 1:

      (a) Each person who engages in property management must make application for a certificate to the city council or other governing body of the incorporated city in which the property to be managed is to be located. The application must be in a form and manner prescribed by the city council or other governing body.

 


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      (b) The city council or other governing board of an incorporated city may:

             (1) Establish and collect a fee for the issuance or renewal of a certificate.

             (2) Grant or deny applications for the issuance or renewal of a certificate.

             (3) Impose conditions, limitations and restrictions upon a certificate.

             (4) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

             (5) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

      (a) A person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A person engaging in property management of a property where gaming is conducted under a nonrestricted gaming license issued pursuant to NRS 463.170.

      Sec. 26.  1.  Except as otherwise provided in subsection 3, the city council or other governing body of any incorporated city in the State of Nevada, whether organized under general law or special charter may, by ordinance, require that a property which is located in the incorporated area of the city must be managed by a person issued a certificate pursuant to the provisions of section 25 of this act.

      2.  If a city council or other governing body adopts an ordinance pursuant to the provisions of subsection 1, the city council or other governing body may:

      (a) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.

      (b) Adopt, amend and repeal regulations relating to the ordinance.

      3.  An ordinance adopted pursuant to the provisions of this section must not apply to:

      (a) A property managed by a person who holds a license issued pursuant to chapter 645 of NRS; or

      (b) A property where gaming is conducted under a nonrestricted license for gaming issued pursuant to NRS 463.170.

      Sec. 27.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  The city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

 


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             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      3.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      [3.] 4.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of NRS 360.780. The city licensing agency shall provide upon request an application for a business license pursuant to NRS 360.780.

      [4.] 5.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

      [5.] 6.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced : [in the following manner:]

 


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      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      [6.] 7.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.

      [7.] 8.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 28.  1.  This act becomes effective on July 1, 2005.

      2.  Sections 11, 12, 15, 16 and 17 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

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ê2005 Statutes of Nevada, Page 2343ê

 

CHAPTER 475, AB 63

Assembly Bill No. 63–Assemblymen Leslie, Buckley, Giunchigliani, Parks, Anderson, McClain and Oceguera

 

CHAPTER 475

 

AN ACT relating to insurance; prohibiting certain health insurers from denying certain claims solely because the claims involve an insured who was injured while intoxicated or under the influence of a controlled substance; prohibiting certain health insurers from cancelling or refusing to issue a policy or contract of health insurance solely because an insured or applicant has made such a claim in certain circumstances; repealing a section in the Uniform Health Policy Provision Law which allows certain health insurers to deny claims involving losses sustained by an insured while intoxicated or under the influence of a narcotic; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an insurer shall not:

      (a) Deny a claim under a policy of health insurance solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a policy of health insurance solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a policy of health insurance to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit an insurer from enforcing a provision included in a policy of health insurance pursuant to NRS 689A.270 to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a policy of health insurance solely because of such a claim; or

      (c) Refuse to issue a policy of health insurance to an eligible applicant solely because of such a claim.

      Sec. 2.  NRS 689A.180 is hereby amended to read as follows:

      689A.180  Except as otherwise provided in NRS 689A.040, no such policy delivered or issued for delivery to any person in this State may contain provisions respecting the matters set forth in NRS 689A.190 to [689A.280,] 689A.270, inclusive, unless the provisions are in the words in which the provisions appear in the applicable section, except that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the Commissioner which is not less favorable in any respect to the insured or the beneficiary.

 


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different wording approved by the Commissioner which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy must be preceded individually by the appropriate caption or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve.

      Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an insurer shall not:

      (a) Deny a claim under a policy of group health insurance solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a policy of group health insurance solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a policy of group health insurance to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit an insurer from enforcing a provision included in a policy of group health insurance to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a policy of group health insurance solely because of such a claim; or

      (c) Refuse to issue a policy of group health insurance to an eligible applicant solely because of such a claim.

      Sec. 4.  Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a carrier shall not:

      (a) Deny a claim under a health benefit plan solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a health benefit plan solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health benefit plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit a carrier from enforcing a provision included in a health benefit plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation in a health benefit plan solely because of such a claim; or

      (c) Refuse participation in a health benefit plan to an eligible applicant solely because of such a claim.

 


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      Sec. 5.  Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a society that provides health benefits shall not:

      (a) Deny a claim under a benefit contract solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel a benefit contract solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue a benefit contract to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit a society from enforcing a provision included in a benefit contract to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel a benefit contract solely because of such a claim; or

      (c) Refuse to issue a benefit contract to an eligible applicant solely because of such a claim.

      Sec. 6.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a medical services corporation that issues contracts for hospital, medical or dental services shall not:

      (a) Deny a claim under such a contract solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel such a contract solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse to issue such a contract to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit a medical services corporation from enforcing a provision included in a contract for hospital, medical or dental services to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel such a contract solely because of such a claim; or

      (c) Refuse to issue such a contract to an eligible applicant solely because of such a claim.

      Sec. 7.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a health maintenance organization shall not:

      (a) Deny a claim under a health care plan solely because the claim involves an injury sustained by an enrollee as a consequence of being intoxicated or under the influence of a controlled substance.

 


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      (b) Cancel participation under a health care plan solely because an enrollee has made a claim involving an injury sustained by the enrollee as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health care plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit a health maintenance organization from enforcing a provision included in a health care plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation under a health care plan solely because of such a claim; or

      (c) Refuse participation under a health care plan to an eligible applicant solely because of such a claim.

      Sec. 8.  Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an organization for dental care shall not:

      (a) Deny a claim under a plan for dental care solely because the claim involves an injury sustained by a member as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a plan for dental care solely because a member has made a claim involving an injury sustained by the member as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a plan for dental care to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit an organization for dental care from enforcing a provision included in a plan for dental care to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation under a plan for dental care solely because of such a claim; or

      (c) Refuse participation under a plan for dental care to an eligible applicant solely because of such a claim.

      Sec. 9.  NRS 695F.090 is hereby amended to read as follows:

      695F.090  Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

      1.  NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

      2.  NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.

      3.  The requirements of NRS 679B.152.

      4.  The fees imposed pursuant to NRS 449.465.

      5.  NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.

 


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ê2005 Statutes of Nevada, Page 2347 (Chapter 475, AB 63)ê

 

      6.  The assessment imposed pursuant to NRS 679B.700.

      7.  Chapter 683A of NRS.

      8.  To the extent applicable, the provisions of NRS 689B.340 to 689B.590, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

      9.  NRS 689A.035, 689A.410 and 689A.413 [.] and section 1 of this act.

      10.  NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

      11.  Chapter 692C of NRS, concerning holding companies.

      12.  NRS 689A.637, concerning health centers.

      Sec. 10.  Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a managed care organization shall not:

      (a) Deny a claim under a health care plan solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a health care plan solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a health care plan to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

      2.  The provisions of this section do not prohibit a managed care organization from enforcing a provision included in a health care plan to:

      (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

      (b) Cancel participation under a health care plan solely because of such a claim; or

      (c) Refuse participation under a health care plan to an eligible applicant solely because of such a claim.

      Sec. 11.  NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

 


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insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 689B.030 to 689B.050, inclusive, and 689B.575 and section 3 of this act apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      Sec. 12.  NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.170, 695G.173 and section 10 of this act, 695G.200 to 695G.230, inclusive, and 695G.241 to 695G.310, inclusive, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 13.  NRS 689A.280 is hereby repealed.

      Sec. 14.  1.  Except as otherwise provided in subsection 2, any provision in a policy or contract that conflicts with the provisions of this act is void and must not be given effect to the extent that it conflicts with the provisions of this act.

      2.  An insurer or other organization providing health coverage under chapter 287, 689A, 689B, 689C, 695A, 695B, 695C, 695D, 695F or 695G of NRS may deny a claim involving an injury sustained by a person as a consequence of being intoxicated or under the influence of a controlled substance if the injury occurred before July 1, 2006, and the denial of the claim is based on a provision in a policy or contract that was in effect at the time of the injury.

      Sec. 15.  This act becomes effective on July 1, 2006.

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ê2005 Statutes of Nevada, Page 2349ê

 

CHAPTER 476, SB 282

Senate Bill No. 282–Senators Washington and Horsford

 

CHAPTER 476

 

AN ACT relating to convicted persons; prohibiting a person other than a state or local government or agency thereof from operating or maintaining a facility for transitional living for released offenders without licensure by the State Board of Health; providing that each alcohol and drug abuse program operated by such a facility must be certified by the Health Division of the Department of Human Resources; providing that such facilities are facilities for the dependent; revising the definition of “halfway house for recovering alcohol and drug abusers”; requiring the Board to adopt standards and regulations governing the licensure and operation of such facilities; authorizing the Board to impose fees for the issuance and renewal of a license to operate such a facility; providing that the fact that a facility for transitional living for released offenders is located near real property which is the subject of a sale, lease or rental is not material to the transaction and is not required to be disclosed by the seller, lessor or landlord; revising the provisions governing the sealing of records of convictions pertaining to certain crimes; making various changes concerning the restoration of civil rights of certain persons; allowing certain persons who have been dishonorably discharged from probation or parole to apply, for a limited period, to the Division of Parole and Probation of the Department of Public Safety to request that their dishonorable discharge be changed to an honorable discharge; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  “Facility for transitional living for released offenders” means a residence that provides housing and a living environment for persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof. The term does not include a halfway house for recovering alcohol and drug abusers or a facility for the treatment of abuse of alcohol or drugs.

      2.  As used in this section, “person who has been released from prison” means:

      (a) A parolee.

      (b) A person who is participating in:

             (1) A judicial program pursuant to NRS 209.4886 or 213.625; or

             (2) A correctional program pursuant to NRS 209.4888 or 213.632.

 


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ê2005 Statutes of Nevada, Page 2350 (Chapter 476, SB 282)ê

 

      (c) A person who is supervised by the Division of Parole and Probation of the Department of Public Safety through residential confinement pursuant to NRS 213.371 to 213.410, inclusive.

      (d) A person who has been released from prison by expiration of his term of sentence.

      Sec. 3.  Each alcohol and drug abuse program operated or provided by a facility for transitional living for released offenders must be certified by the Health Division in accordance with the requirements set forth in chapter 458 of NRS and any regulations adopted pursuant thereto. As used in this section, “alcohol and drug abuse program” has the meaning ascribed to it in NRS 458.010.

      Sec. 4.  NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 449.0045 is hereby amended to read as follows:

      449.0045  “Facility for the dependent” includes a facility for the treatment of abuse of alcohol or drugs, halfway house for recovering alcohol and drug abusers, facility for transitional living for released offenders, facility for the care of adults during the day or residential facility for groups.

      Sec. 6.  NRS 449.008 is hereby amended to read as follows:

      449.008  “Halfway house for recovering alcohol and drug abusers” means a residence that provides housing and a living environment for recovering alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide any treatment for alcohol or drug abuse. The term does not include a facility for transitional living for released offenders.

      Sec. 7.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and sections 2 and 3 of this act, and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive laser surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive [.] and sections 2 and 3 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

 


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      3.  The Board shall adopt separate regulations for:

      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive laser surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

            (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) The prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The regulations must prohibit a residential facility for groups from claiming that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Contain toilet facilities and a sleeping area or bedroom; and

             (2) Are shared with another occupant only upon consent of both occupants.

      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

 


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             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

      9.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

      Sec. 8.  NRS 449.050 is hereby amended to read as follows:

      449.050  1.  Except as otherwise provided in subsection 2, each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

 


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or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

      2.  A facility for the care of adults during the day is exempt from the fees imposed by the Board pursuant to this section.

      3.  The fee imposed by the Board for a facility for transitional living for released offenders must be based on the type of facility that is being licensed and must be calculated to produce the revenue estimated to cover the costs related to the license, but in no case may a fee for a license exceed the actual cost to the Health Division of issuing or renewing the license.

      4.  If an application for a license for a facility for transitional living for released offenders is denied, any amount of the fee paid pursuant to this section that exceeds the expenses and costs incurred by the Health Division must be refunded to the applicant.

      Sec. 9.  NRS 40.770 is hereby amended to read as follows:

      40.770  1.  Except as otherwise provided in subsection [5,] 6, in any sale, lease or rental of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property;

      (b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,

Ê is not material to the transaction.

      2.  In any sale, [lessor] lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.400, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant.

      3.  In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction.

      4.  A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1 , [or] 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.

      [4.] 5.  Except as otherwise provided in an agreement between a buyer, lessee or tenant and his agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1 , [or] 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge.

      [5.] 6.  For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:

 


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      (a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or

      (b) The property has been deemed safe for habitation by a governmental entity.

      7.  As used in this section, “facility for transitional living for released offenders” has the meaning ascribed to it in section 2 of this act.

      Sec. 10.  NRS 176A.850 is hereby amended to read as follows:

      176A.850  1.  A person who:

      (a) Has fulfilled the conditions of his probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the Division; or

      (c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,

Ê may be granted an honorable discharge from probation by order of the court.

      2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.

      3.  Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:

      (a) Is free from the terms and conditions of his probation.

      (b) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (c) Four years after the date of his honorable discharge from probation, is restored to the right to hold office.

      (d) Six years after the date of his honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.

      (e) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction.

      (f) Must be informed of the provisions of this section and NRS 179.245 in his probation papers.

      (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

      (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.

      4.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from probation.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

 


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      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his honorable discharge from probation.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition [the court in which the person was convicted] a court of competent jurisdiction for an order granting the restoration of his civil rights as set forth in subsection 3.

      5.  The prior conviction of a person who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.

      6.  Except for a person subject to the limitations set forth in subsection 4, upon his honorable discharge from probation, the person so discharged must be given an official document which provides:

      (a) That he has received an honorable discharge from probation;

      (b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his honorable discharge from probation;

      (c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (c) of subsection 3; and

      (d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (d) of subsection 3.

      7.  Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this State or elsewhere and whose official documentation of his honorable discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.

      8.  A person who has been honorably discharged from probation in this State or elsewhere may present:

      (a) Official documentation of his honorable discharge from probation, if it contains the provisions set forth in subsection 6; or

      (b) A court order restoring his civil rights,

Ê as proof that he has been restored to the civil rights set forth in subsection 3.

      Sec. 11.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

 


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      (c) A category E felony after [10] 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after [3] 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice’s court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

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

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

 


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      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.210.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

             (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (13) Lewdness with a child pursuant to NRS 201.230.

             (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (15) Luring a child or mentally ill person pursuant to NRS 201.560, if punishable as a felony.

             (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      Sec. 12.  NRS 209.511 is hereby amended to read as follows:

      209.511  1.  When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the Director:

      (a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the Director;

      (b) Shall give him notice of the provisions of chapter 179C of NRS and NRS 202.360;

      (c) Shall require him to sign an acknowledgment of the notice required in paragraph (b);

      (d) Shall give him notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

      (e) May provide him with clothing suitable for reentering society;

 


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      (f) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction; [and]

      (g) May, but is not required to, release him to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS; and

      (h) Shall require him to submit to at least one test for exposure to the human immunodeficiency virus.

      2.  The costs authorized in paragraphs (a), (e), (f) and [(g)] (h) of subsection 1 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

      3.  As used in this section, “facility for transitional living for released offenders” has the meaning ascribed to it in section 2 of this act.

      Sec. 13.  NRS 213.155 is hereby amended to read as follows:

      213.155  1.  Except as otherwise provided in subsection 2, a person who receives an honorable discharge from parole pursuant to NRS 213.154:

      (a) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (b) Four years after the date of his honorable discharge from parole, is restored to the right to hold office.

      (c) Six years after the date of his honorable discharge from parole, is restored to the right to serve as a juror in a criminal action.

      2.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has received an honorable discharge from parole if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his honorable discharge from parole.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his honorable discharge from parole.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition [the court in which the person was convicted] a court of competent jurisdiction for an order granting the restoration of his civil rights as set forth in subsection 1.

      3.  Except for a person subject to the limitations set forth in subsection 2, upon his honorable discharge from parole, a person so discharged must be given an official document which provides:

      (a) That he has received an honorable discharge from parole;

      (b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his honorable discharge from parole;

      (c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and

 


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      (d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.

      4.  Subject to the limitations set forth in subsection 2, a person who has been honorably discharged from parole in this State or elsewhere and whose official documentation of his honorable discharge from parole is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been honorably discharged from parole and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been honorably discharged from parole in this State or elsewhere may present:

      (a) Official documentation of his honorable discharge from parole, if it contains the provisions set forth in subsection 3; or

      (b) A court order restoring his civil rights,

Ê as proof that he has been restored to the civil rights set forth in subsection 1.

      6.  The Board may adopt regulations necessary or convenient for the purposes of this section.

      Sec. 14.  NRS 213.157 is hereby amended to read as follows:

      213.157  1.  Except as otherwise provided in subsection 2, a person convicted of a felony in the State of Nevada who has served his sentence and has been released from prison:

      (a) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (b) Four years after the date of his release from prison, is restored to the right to hold office.

      (c) Six years after the date of his release from prison, is restored to the right to serve as a juror in a criminal action.

      2.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been released from prison if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of his release from prison.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of his release from prison.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ê A person described in this subsection may petition [the court in which the person was convicted] a court of competent jurisdiction for an order granting the restoration of his civil rights as set forth in subsection 1.

 


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      3.  Except for a person subject to the limitations set forth in subsection 2, upon his release from prison, a person so released must be given an official document which provides:

      (a) That he has been released from prison;

      (b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date of his release from prison;

      (c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and

      (d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.

      4.  Subject to the limitations set forth in subsection 2, a person who has been released from prison in this State or elsewhere and whose official documentation of his release from prison is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been released from prison and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been released from prison in this State or elsewhere may present:

      (a) Official documentation of his release from prison, if it contains the provisions set forth in subsection 3; or

      (b) A court order restoring his civil rights,

Ê as proof that he has been restored to the civil rights set forth in subsection 1.

      Sec. 15.  Notwithstanding the provisions of sections 1 to 9, inclusive, and 12 of this act, a person is not required to possess a license issued by the State Board of Health to operate or maintain a facility for transitional living for released offenders in this State before January 1, 2006, unless the Board establishes, by regulation, an earlier date for compliance with the amendatory provisions of sections 1 to 9, inclusive, and 12 of this act.

      Sec. 16.  1.  Notwithstanding any other provision of law, except as otherwise provided in subsection 2, a person who was dishonorably discharged from probation or parole before the effective date of this section, until July 1, 2008, may apply to the Division of Parole and Probation of the Department of Public Safety, in accordance with the regulations adopted by the Division pursuant to the provisions of this section, to request that his dishonorable discharge from probation or parole be changed to an honorable discharge from probation or parole.

      2.  A person who was dishonorably discharged from probation or parole may not apply to change his discharge to an honorable discharge pursuant to this section if his dishonorable discharge was based, in whole or in part, upon:

      (a) The fact that he committed a new crime, other than a violation of a traffic law for which he was issued a citation, during the period of his probation or parole;

      (b) The fact that his whereabouts were unknown at the time of his discharge from probation or parole; or

      (c) Any incident involving his commission of a violent act or an act that threatened public safety during the period of his probation or parole.

 


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      3.  The Division shall adopt regulations establishing guidelines and procedures to be used to carry out the provisions of this section. The regulations must include, without limitation, provisions requiring that to be granted a change of discharge pursuant to this section, if an applicant failed to make full restitution as ordered by the court or failed to pay the fees to defray the cost of his supervision as required pursuant to NRS 213.1076, the applicant must have made or must be making an effort in good faith and satisfactory progress towards paying the restitution ordered or fees owed, as determined by the Division.

      4.  A person whose application for a change of discharge is granted by the Division and whose discharge from probation or parole is changed to an honorable discharge from probation or parole pursuant to this section:

      (a) Shall be deemed to have been issued an honorable discharge from probation or parole effective as of the date of his original dishonorable discharge from probation or parole;

      (b) Is subject to, and must be restored to his civil rights in accordance with, the provisions of NRS 176A.850 or 213.155, as amended by this act; and

      (c) Must be given an official document which:

             (1) Provides that he has received an honorable discharge from probation or parole; and

             (2) States, as applicable, the dates on which his civil rights to vote, to serve as a juror in a civil action, to hold office and to serve as a juror in a criminal action will be restored to him.

      5.  The Division shall, on or before January 1, 2009, submit a written report to the Director of the Legislative Counsel Bureau that includes, without limitation, the following information:

      (a) The number of persons who applied for a change of discharge pursuant to this section;

      (b) The number of applications that were granted or denied and the general reasons for denial of the applications;

      (c) The estimated amount of restitution and fees for supervision paid as the result of the enactment of this section;

      (d) Any recommendations and conclusions concerning the desirability of extending the application of the provisions of this section; and

      (e) Any other information deemed appropriate by the Division.

      Sec. 17.  1.  This section and sections 10, 11 and 13 to 16, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1 to 9, inclusive, and 12 of this act become effective upon passage and approval for the purpose of adopting regulations and on October 1, 2005, for all other purposes.

________

 

CHAPTER 477, SB 306

Senate Bill No. 306–Senator Washington

 

CHAPTER 477

 

AN ACT relating to local governmental financing; authorizing under certain circumstances the pledge of certain sales and use tax proceeds and state funding for certain projects for the promotion of economic development and tourism; revising certain prerequisites to the pledge of certain sales and use tax proceeds and state funding for certain projects within a local improvement district; and providing other matters properly relating thereto.

 


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projects within a local improvement district; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

      Whereas, The State Legislature recognizes the importance of economic development and tourism to the State of Nevada and the need to compete effectively with other states in the promotion of economic development and tourism; and

      Whereas, It is the intention of the State Legislature for the provisions of this act to be carried out for the promotion of economic development and tourism in the State of Nevada and for no other purpose; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 21 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  This chapter shall be known as the Tourism Improvement District Law.

      Sec. 3.  Except as otherwise provided in sections 4 to 7, inclusive, of this act and unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “District” means a tourism improvement district created pursuant to section 8 of this act.

      Sec. 5.  “Municipality” means any county or city in this State.

      Sec. 6.  “Project” means:

      1.  With respect to a county whose population is 400,000 or more:

      (a) An art project, as defined in NRS 271.037;

      (b) A tourism and entertainment project, as defined in NRS 271.234; or

      (c) A sports stadium which can be used for the home games of a Major League Baseball or National Football League team and for other purposes, including structures, buildings and other improvements and equipment therefor, parking facilities, and all other appurtenances necessary, useful or desirable for a Major League Baseball or National Football League stadium, including, without limitation, all types of property therefor and immediately adjacent facilities for retail sales, dining and entertainment.

      2.  With respect to a city in a county whose population is 400,000 or more:

      (a) A project described in paragraph (a), (b) or (c) of subsection 1; or

      (b) A recreational project, as defined in NRS 268.710.

      3.  With respect to a municipality other than a municipality described in subsection 1 or 2, any project that the municipality is authorized to acquire, improve, equip, operate and maintain pursuant to subsections 1, 2 and 4 to 10, inclusive, of NRS 244A.057 or NRS 268.730 or 271.265, as applicable.

      4.  Any real or personal property suitable for retail, tourism or entertainment purposes.

 


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      5.  Any real or personal property necessary, useful or desirable in connection with any of the projects set forth in this section.

      6.  Any combination of the projects set forth in this section.

      Sec. 7.  “Retailer” has the meaning ascribed to it in NRS 374.060.

      Sec. 8.  1.  Except as otherwise provided in this section and section 9 of this act, the governing body of a municipality may:

      (a) Create a tourism improvement district for the purposes of carrying out this chapter and revise the boundaries of the district by adopting an ordinance describing the boundaries of the district and generally describing the types of projects which may be financed within the district pursuant to this chapter.

      (b) Without any election, acquire, improve, equip, operate and maintain a project within a district created pursuant to paragraph (a). The project may be owned by the municipality, another governmental entity, any other person, or any combination thereof.

      (c) For the purposes of carrying out paragraph (b), include in an ordinance adopted pursuant to paragraph (a) the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

             (1) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of a sum equal to 0.75 percent of the amount of those proceeds; and

             (2) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110, 374.190 and 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds.

      2.  A district created pursuant to this section by:

      (a) A city must be located entirely within the boundaries of that city.

      (b) A county must be located entirely within the boundaries of that county and, when the district is created, entirely outside of the boundaries of any city.

      3.  If any property within the boundaries of a district is also included within the boundaries of any other tourism improvement district or any improvement district for which any money has been pledged pursuant to NRS 271.650, the total amount of money pledged pursuant to this section and NRS 271.650 with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

      4.  The governing body of a municipality shall not, after October 1, 2009, create a tourism improvement district that includes within its boundaries any property included within the boundaries of a redevelopment area established pursuant to chapter 279 of NRS.

      Sec. 9.  The governing body of a municipality shall not adopt an ordinance pursuant to section 8 of this act unless:

      1.  If the ordinance:

      (a) Creates a district, the governing body has determined that no retailers will have maintained or will be maintaining a fixed place of business within the district on or within the 120 days immediately preceding the date of the adoption of the ordinance; or

 


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      (b) Amends the boundaries of the district to add any additional area, the governing body has determined that no retailers will have maintained or will be maintaining a fixed place of business within that area on or within 120 days immediately preceding the date of the adoption of the ordinance.

      2.  The governing body has made a written finding at a public hearing that the project will benefit the district.

      3.  The governing body has made a written finding at a public hearing, based upon reports from independent consultants which were addressed to the governing body, to the board of county commissioners, if the governing body is not the board of county commissioners for the county in which the tourism district is or will be located, and to the board of trustees of the school district in which the tourism improvement district is or will be located, as to whether the project and the financing thereof pursuant to this chapter will have a positive fiscal effect on the provision of local governmental services, after considering:

      (a) The amount of the proceeds of all taxes and other governmental revenue projected to be received as a result of the properties and businesses expected to be located in the district;

      (b) The use of any money proposed to be pledged pursuant to section 8 of this act;

      (c) Any increase in costs for the provision of local governmental services, including, without limitation, services for education, including operational and capital costs, and services for police protection and fire protection, as a result of the project and the development of land within the district; and

      (d) Estimates of any increases in the proceeds from sales and use taxes collected by retailers located outside of the district and of any displacement of the proceeds from sales and use taxes collected by those retailers, as a result of the properties and businesses expected to be located in the district.

      4.  The governing body has, at least 45 days before making the written finding required by subsection 3, provided to the board of trustees of the school district in which the tourism improvement district is or will be located:

      (a) Written notice of the time and place of the meeting at which the governing body will consider making that written finding; and

      (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the use of any money proposed to be pledged pursuant to section 8 of this act on the provision of local governmental services, including education.

Ê After the receipt of the notice required by this subsection and before the date of the meeting at which the governing body will consider making the written finding required by subsection 3, the board of trustees shall conduct a hearing regarding the fiscal effect on the school district, if any, of the project and the use of any money proposed to be pledged pursuant to section 8 of this act, and may submit to the governing body of the municipality any comments regarding that fiscal effect. The governing body shall consider those comments when making any written finding pursuant to subsection 3 and shall consider those comments when considering the terms of any agreement pursuant to section 12 of this act.

      5.  If the governing body is not the board of county commissioners for the county in which the tourism district is or will be located, the governing body has, at least 45 days before making the written finding required by subsection 3, provided to the board of county commissioners in the county in which the tourism improvement district is or will be located:

 


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body has, at least 45 days before making the written finding required by subsection 3, provided to the board of county commissioners in the county in which the tourism improvement district is or will be located:

      (a) Written notice of the time and place of the meeting at which the governing body will consider making that written finding; and

      (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the use of any money proposed to be pledged pursuant to section 8 of this act on the provision of local governmental services.

Ê After the receipt of the notice required by this subsection and before the date of the meeting at which the governing body will consider making the written finding required by subsection 3, the board of county commissioners may conduct a hearing regarding the fiscal effect on local governmental services, if any, of the project and the use of any money proposed to be pledged pursuant to section 8 of this act, and may submit to the governing body of the municipality any comments regarding that fiscal effect. The governing body may consider those comments when making any written finding pursuant to subsection 3 and shall consider those comments when considering the terms of any agreement pursuant to section 12 of this act.

      6.  The governing body has determined, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that:

      (a) As a result of the project:

             (1) Retailers will locate their businesses as such in the district; and

             (2) There will be a substantial increase in the proceeds from sales and use taxes remitted by retailers with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district; and

      (b) A preponderance of that increase in the proceeds from sales and use taxes will be attributable to transactions with tourists who are not residents of this State.

      7.  The Commission on Tourism has determined, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to subsection 6 will be attributable to transactions with tourists who are not residents of this State.

      8.  The Governor has determined that the project and the use of any money proposed to be pledged pursuant to section 8 of this act will contribute significantly to economic development and tourism in this State. Before making that determination, the Governor:

      (a) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to subsection 4 by the school district in which the tourism improvement district is or will be located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide him with an appropriate fiscal report; and

      (b) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the tourism improvement district is or will be located during the term of the use of any money pledged pursuant to section 8 of this act. The payments may be provided pursuant to agreements with owners of property within the district authorized by section 12 of this act or from sources other than the owners of property within the district.

 


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agreements with owners of property within the district authorized by section 12 of this act or from sources other than the owners of property within the district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the use of any money pledged pursuant to section 8 of this act.

      9.  If any property within the boundaries of the district is also included within the boundaries of any other tourism improvement district or any improvement district for which any money has been pledged pursuant to NRS 271.650, all of the governing bodies which created those districts have entered into an interlocal agreement providing for:

      (a) The apportionment of any money pledged pursuant to section 8 of this act and NRS 271.650 with respect to such property; and

      (b) The priority of the application of that money between:

             (1) Bonds issued pursuant to chapter 271 of NRS; and

             (2) Bonds and notes issued, and agreements entered into, pursuant to section 13 of this act.

Ê Any such agreement for the priority of the application of that money may be made irrevocable during the term of any bonds issued pursuant to chapter 271 of NRS to which all or any portion of that money is pledged, or during the term of any bonds or notes issued or any agreements entered into pursuant to section 13 of this act to which all or any portion of that money is pledged.

      Sec. 10.  Any determination, written finding or approval made pursuant to section 9 of this act is conclusive in the absence of fraud or gross abuse of discretion.

      Sec. 11.  After the adoption of an ordinance creating a district in accordance with this chapter, the governing body of the municipality and the Department of Taxation shall enter into an agreement specifying the dates and procedure for distribution to the municipality of any money pledged pursuant to section 8 of this act. The distributions must:

      1.  Be made not less frequently than once each calendar quarter; and

      2.  Cease at the end of the fiscal year in which the 20th anniversary of the adoption of the ordinance creating the district occurs.

      Sec. 12.  1.  The governing body of a municipality may, except as otherwise provided in subsection 2, enter into an agreement with one or more of the owners of any interest in property within a district, pursuant to which that owner would agree to make payments to the municipality or to another local government that provides services in the district, or to both, to defray, in whole or in part, the cost of local governmental services during the term of the use of any money pledged pursuant to section 8 of this act. Such an agreement must specify the amount to be paid by the owner of the property interest, which may be stated as a specified amount per year or as an amount based upon any formula upon which the municipality and owner agree.

      2.  The governing body of a municipality shall not enter into an agreement pursuant to subsection 1 unless:

      (a) The governing body has made a written finding pursuant to subsection 3 of section 9 of this act that the project and the use of any money pledged pursuant to section 8 of this act will not have a positive fiscal effect on the provision of local governmental services; or

 


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      (b) The Governor requires a commitment from the municipality for the provision of specified payments to the school district in which the district is located during the term of the use of any money pledged pursuant to section 8 of this act.

      Sec. 13.  1.  Except as otherwise provided in this section, if the governing body of a municipality adopts an ordinance pursuant to section 8 of this act, the municipality may:

      (a) Issue at one time or from time to time, bonds or notes as special obligations under the Local Government Securities Law to finance or refinance projects for the benefit of the district. Any such bonds or notes may be secured by a pledge of, and be payable from, any money pledged pursuant to section 8 of this act and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof.

      (b) Enter into an agreement with one or more governmental entities or other persons to reimburse that entity or person for the cost of acquiring, improving or equipping, or any combination thereof, any project, which may contain such terms as are determined to be desirable by the governing body of the municipality, including the payment of reasonable interest and other financing costs incurred by such entity or other person. Any such reimbursements may be secured by a pledge of, and be payable from, any money pledged pursuant to section 8 of this act and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof. Such an agreement is not subject to the limitations of subsection 1 of NRS 354.626 and may, at the option of the governing body, be binding on the municipality beyond the fiscal year in which it was made, only if the agreement pertains solely to one or more projects that are owned by the municipality or another governmental entity.

      2.  Before the issuance of any bonds or notes pursuant to this section, the municipality must obtain the results of a feasibility study, commissioned by the municipality, which shows that a sufficient amount will be generated from money pledged pursuant to section 8 of this act to make timely payment on the bonds or notes, taking into account the revenue from any other revenue-producing projects also pledged for the payment of the bonds or notes, if any. A failure to make payments of any amounts due:

      (a) With respect to any bonds or notes issued pursuant to subsection 1; or

      (b) Under any agreements entered into pursuant to subsection 1,

Ê because of any insufficiency in the amount of money pledged pursuant to section 8 of this act to make those payments shall be deemed not to constitute a default on those bonds, notes or agreements.

      3.  No bond, note or other agreement issued or entered into pursuant to this section may be secured by or payable from the general fund of the municipality, the power of the municipality to levy ad valorem property taxes, or any source other than any money pledged pursuant to section 8 of this act and received by the municipality with respect to the district, any revenue received by the municipality from any revenue-producing projects in the district, or any combination thereof. No bond, note or other agreement issued or entered into pursuant to this section may ever become a general obligation of the municipality or a charge against its general credit or taxing powers, nor may any such bond, note or other agreement become a debt of the municipality for purposes of any limitation on indebtedness.

 


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credit or taxing powers, nor may any such bond, note or other agreement become a debt of the municipality for purposes of any limitation on indebtedness.

      4.  Any bond or note issued pursuant to this section, including any bond or note issued to refund any such bond or note, must mature on or before, and any agreement entered pursuant to this section must automatically terminate on or before, the end of the fiscal year in which the 20th anniversary of the adoption of the ordinance creating the district occurs.

      Sec. 14.  1.  Except as otherwise provided in this section, notwithstanding any other law to the contrary, any contract or other agreement relating to or providing for the construction, improvement, repair, demolition, reconstruction, other acquisition, equipment, operation or maintenance of any project financed in whole or in part pursuant to this chapter is exempt from any law requiring competitive bidding or otherwise specifying procedures for the award of contracts for construction or other contracts, or specifying procedures for the procurement of goods or services. The governing body of the municipality shall require a quarterly report on the demography of the workers employed by any contractor or subcontractor for each such project.

      2.  The provisions of subsection 1 do not apply to any project which is constructed or maintained by a governmental entity on any property while the governmental entity owns that property.

      3.  The provisions of NRS 338.010 to 338.090, inclusive, apply to any contract or other agreement for the construction, improvement, repair, demolition or reconstruction of any project that is paid for in whole or in part:

      (a) From the proceeds of bonds or notes issued pursuant to paragraph (a) of subsection 1 of section 13 of this act; or

      (b) Pursuant to an agreement for reimbursement entered into pursuant to paragraph (b) of subsection 1 of section 13 of this act,

Ê regardless of whether the project is publicly or privately owned.

      Sec. 15.  NRS 271.650 is hereby amended to read as follows:

      271.650  1.  Except as otherwise provided in [subsection 2,] this section, the governing body of a municipality in a county whose population is less than 400,000 may include in an assessment ordinance for a project the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

      (a) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of a sum equal to 0.75 percent of the amount of those proceeds; and

      (b) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110, 374.190 and 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds.

      2.  If any property within the boundaries of an improvement district for which any money is pledged pursuant to this section is also included within the boundaries of any other improvement district for which any money is pledged pursuant to this section or any tourism improvement district for which any money is pledged pursuant to section 8 of this act, the total amount of money pledged pursuant to this section and section 8 of this act with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

 


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district for which any money is pledged pursuant to section 8 of this act, the total amount of money pledged pursuant to this section and section 8 of this act with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

      3.  The governing body of a municipality shall not include a pledge authorized by subsection 1 in an assessment ordinance for a project unless:

      (a) The governing body determines that no retailers have maintained a fixed place of business in the improvement district at any time from the first day of the fiscal year in which the assessment ordinance is adopted until the date of the adoption of the ordinance . [;

      (b) Except as otherwise provided in subsection 3, the board of county commissioners of each county in which the improvement district is located]

      (b) The governing body determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that:

             (1) As a result of the project:

                   (I) Retailers will locate their businesses as such in the improvement district; and

                   (II) There will be a substantial increase in the proceeds from sales and use taxes remitted by retailers with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district; and

             (2) A preponderance of that increase in the proceeds from sales and use taxes will be attributable to transactions with tourists who are not residents of this State . [;]

      (c) The Commission on Tourism determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to paragraph (b) will be attributable to transactions with tourists who are not residents of this State . [; and]

      (d) The Governor determines that the project and the pledge of money authorized by subsection 1 will contribute significantly to economic development and tourism in this State. Before making that determination, the Governor:

             (1) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to NRS 271.670 by the school district in which the improvement district is located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide him with an appropriate fiscal report; and

             (2) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the improvement district is located during the term of the pledge of money. The payments may be provided pursuant to agreements authorized by NRS 271.670 or from sources other than the owners of property within the improvement district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the pledge of money authorized by subsection 1.

      (e) If any property within the boundaries of the improvement district is also included within the boundaries of any other improvement district for which any money has been pledged pursuant to this section or any tourism improvement district for which any money has been pledged pursuant to section 8 of this act, all the governing bodies which created those districts have entered into an interlocal agreement providing for:

 


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improvement district for which any money has been pledged pursuant to section 8 of this act, all the governing bodies which created those districts have entered into an interlocal agreement providing for:

             (1) The apportionment of any money pledged pursuant to this section and section 8 of this act with respect to such property; and

             (2) The priority of the application of that money between:

                   (I) Bonds issued pursuant to this chapter; and

                   (II) Bonds and notes issued, and agreements entered into, pursuant to section 13 of this act.

Ê Any such agreement for the priority of the application of that money may be made irrevocable during the term of any bonds issued pursuant to this chapter to which all or any portion of that money is pledged, or during the term of any bonds or notes issued or any agreements entered into pursuant to section 13 of this act to which all or any portion of that money is pledged.

      [3.] 4.  Any determination or approval made pursuant to subsection [2] 3 is conclusive in the absence of fraud or gross abuse of discretion. [If an improvement district is created by a municipality that is not a county and the board of county commissioners refuses to make the determinations required by paragraph (b) of subsection 2, the governing body of the municipality may request the Commission on Tourism to make those determinations. The Commission on Tourism shall make those determinations if a majority of the members of the Commission on Tourism agree that the refusal was unreasonable. If those determinations are made by the Commission on Tourism pursuant to this subsection, those determinations shall be deemed to be as conclusive as determinations made by the board of county commissioners pursuant to paragraph (b) of subsection 2, and to satisfy the requirements of that paragraph.

      4.] 5.  As used in this section, “retailer” has the meaning ascribed to it in NRS 374.060.

      Sec. 16.  NRS 237.060 is hereby amended to read as follows:

      237.060  1.  “Rule” means:

      (a) An ordinance by the adoption of which the governing body of a local government exercises legislative powers; and

      (b) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses.

      2.  “Rule” does not include:

      (a) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of:

             (1) Special assessments imposed pursuant to chapter 271 of NRS;

             (2) Impact fees imposed pursuant to chapter 278B of NRS;

             (3) Fees for remediation imposed pursuant to chapter 540A of NRS;

             (4) Taxes ad valorem;

             (5) Sales and use taxes; or

             (6) A fee that has been negotiated pursuant to a contract between a business and a local government.

      (b) An action taken by the governing body of a local government that approves, amends or augments the annual budget of the local government.

      (c) An ordinance adopted by the governing body of a local government pursuant to a provision of chapter 271, 278, 278A, 278B or 350 of NRS [.] or sections 2 to 14, inclusive, of this act.

 


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      (d) An ordinance adopted by or action taken by the governing body of a local government that authorizes or relates to the issuance of bonds or other evidence of debt of the local government.

      Sec. 17.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Controller, acting upon the collection data furnished by the Department, shall remit to the governing body of a municipality that adopts an ordinance pursuant to section 8 of this act, in the manner provided pursuant to an agreement made pursuant to section 11 of this act:

      (a) From the State General Fund the amount of money pledged pursuant to the ordinance in accordance with subparagraph (1) of paragraph (c) of subsection 1 of section 8 of this act, which amount is hereby appropriated for that purpose; and

      (b) From the Sales and Use Tax Account in the State General Fund the amount of the proceeds pledged pursuant to the ordinance in accordance with subparagraph (2) of paragraph (c) of subsection 1 of section 8 of this act.

      2.  Except as otherwise provided in subsection 3, the governing body of a municipality that adopts an ordinance pursuant to section 8 of this act shall at the end of each fiscal year remit to the State Controller any amount received pursuant to this section in excess of the amount required to make payments due during that fiscal year of the principal of, interest on, and other payments or security-related costs with respect to, any bonds or notes issued pursuant section 13 of this act and payments due during that fiscal year under any agreements made pursuant to section 13 of this act. The State Controller shall deposit any money received from a governing body of a municipality pursuant to this subsection in the appropriate account in the State General Fund for distribution and use as if the money had not been pledged by an ordinance adopted pursuant to section 8 of this act, in the following order of priority:

      (a) First, to the credit of the county school district fund for the county in which the improvement district is located to the extent that the money would have been transferred to that fund, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph (e) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;

      (b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to that ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and

      (c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to that ordinance, for the fiscal year in which the State Controller receives the money.

      3.  The provisions of subsection 2 do not require a governing body to remit to the State Controller any money received pursuant to this section and expended for the purpose of prepaying, defeasing or otherwise retiring all or a portion of any bonds or notes issued pursuant to section 13 of this act or of prepaying amounts due under any agreements entered into pursuant to section 13 of this act, or any combination thereof, with respect to a tourism improvement district if that use of the money has been:

 


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      (a) Authorized by the governing body in the ordinance creating the district pursuant to section 8 of this act, or in an amendment thereto; and

      (b) Approved by the governing body, Commission on Tourism and Governor in the manner required to satisfy the requirements of subsections 6, 7 and 8 of section 9 of this act,

Ê and after the provision of notice to and an opportunity to make comments by the board of trustees of the school district in which the tourism improvement district is located in accordance with subsection 4 of section 9 of this act and, if applicable, by the board of county commissioners of the county in which the tourism improvement district is located in accordance with subsection 5 of section 9 of this act.

      4.  The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged by an ordinance adopted pursuant to section 8 of this act.

      Sec. 18.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall deposit the payments in the State Treasury to the credit of 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, each month, from the Sales and Use Tax Account in the State General Fund:

      (a) Transfer .75 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the State General Fund as compensation to the State for the costs of collecting the tax.

      (b) Transfer .75 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this State to the appropriate account in the State General Fund as compensation to the State for the costs of collecting the tax.

      (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month, less the amount transferred pursuant to paragraph (a).

      (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this State, less the amount transferred pursuant to paragraph (b) and excluding any amounts required to be remitted pursuant to NRS 360.850 [,] and section 17 of this act, to the State Distributive School Account in the State General Fund.

      (e) Except as otherwise provided in NRS 387.528 or as required to carry out NRS 360.850 [,] and section 17 of this act, transfer the amount owed to each county to the Intergovernmental Fund and remit the money to the credit of the county school district fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the governmental services tax payable by the buyer upon that vehicle is distributed.

 


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      Sec. 19.  NRS 377.050 is hereby amended to read as follows:

      377.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the Department in the form of remittances made 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, before making the distributions required by NRS 360.850, 377.055 and 377.057 [,] and section 17 of this act, monthly transfer from the Sales and Use Tax Account .75 percent of all fees, taxes, interests and penalties collected pursuant to this chapter during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

      Sec. 20.  NRS 377.055 is hereby amended to read as follows:

      377.055  1.  The Department shall monthly determine for each county an amount of money equal to the sum of:

      (a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the State General Fund pursuant to subsection 3 of NRS 377.050; and

      (b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this State, less the corresponding amount transferred to the State General Fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance,

Ê and, except as otherwise required to carry out NRS 360.850 [,] and section 17 of this act, deposit the money in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective subaccounts of each county.

      2.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the governmental services tax payable by the buyer upon that vehicle is distributed.

      Sec. 21.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The State Controller, acting upon the relevant information furnished by the Department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, excluding any amounts required to be remitted pursuant to NRS 360.850 and section 17 of this act, and except as otherwise provided in subsection 2, to:

      (a) Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:

             (1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or

 

 


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the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or

             (2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the Governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,

Ê whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 5. If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the Governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) All other counties, the amount remaining after making the distributions required by paragraph (a) to each of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.

      2.  If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the State Controller shall distribute that county’s portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.

      3.  A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 may file a request with the Nevada Tax Commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 and must be accompanied by evidence which supports the granting of the waiver. The Commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the Commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:

      (a) Nonrecurring taxable sales, it shall grant the request.

      (b) Normal or sustainable growth in taxable sales, it shall deny the request.

Ê A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.

 


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      4.  The amount apportioned to each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of each county.

      5.  The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:

 

Douglas......................................................................................................... $580,993

Esmeralda......................................................................................................... 53,093

Lander............................................................................................................. 155,106

Lincoln............................................................................................................... 72,973

Lyon................................................................................................................. 356,858

Mineral............................................................................................................ 118,299

Nye................................................................................................................... 296,609

Pershing.............................................................................................................. 96,731

Storey................................................................................................................. 69,914

White Pine....................................................................................................... 158,863

 

      6.  As used in this section, unless the context otherwise requires:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 22.  NRS 387.1235 is hereby amended to read as follows:

      387.1235  1.  Except as otherwise provided in subsection 2, local funds available are the sum of:

      (a) The amount computed by multiplying 0.0025 times the assessed valuation of the school district as certified by the Department of Taxation for the concurrent school year; and

      (b) The proceeds of the local school support tax imposed by chapter 374 of NRS, excluding any amounts required to be remitted pursuant to NRS 360.850 [.] and section 17 of this act. The Department of Taxation shall furnish an estimate of these proceeds to the Superintendent of Public Instruction on or before July 15 for the fiscal year then begun, and the Superintendent shall adjust the final apportionment of the current school year to reflect any difference between the estimate and actual receipts.

      2.  The amount computed under subsection 1 that is attributable to any assessed valuation attributable to the net proceeds of minerals must be held in reserve and may not be considered as local funds available until the succeeding fiscal year.

      Sec. 23.  The amendatory provisions of section 15 of this act do not apply to or in any manner affect any pledge of money effected pursuant to NRS 271.650 before July 1, 2005.

      Sec. 24.  Notwithstanding any other provision of this act and the terms of any ordinance adopted pursuant to section 8 of this act, the provisions of this act do not require the distribution of any money remitted to the State before July 1, 2006, unless the Department of Taxation determines that it is reasonably feasible to make such a distribution.

      Sec. 25.  The governing body of a municipality which before January 1, 2009, pledges any money by an ordinance adopted pursuant to section 8 of this act shall, on or before February 1, 2009, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report regarding:

      1.  The project for which the money was pledged; and

 


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      2.  The fiscal effect of the project and the pledge of money on the provision of local governmental services, including education, within the county in which the municipality is located.

      Sec. 26.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 478, SB 434

Senate Bill No. 434–Committee on Commerce and Labor

 

CHAPTER 478

 

AN ACT relating to contractors; prohibiting a person from performing, for a fee, any work on residential pools or spas without the proper license or other authorization under state law; requiring the State Contractors’ Board to adopt classifications of licensing that authorize contractors who perform work on residential pools and spas to install plumbing and gas lines in connection with such work; revising the scope of the provisions regulating contractors who perform work on residential pools and spas; requiring contractors who perform work on residential pools and spas to provide a bond or cash deposit for the protection of consumers under certain circumstances; providing procedures for administering such bonds and cash deposits; revising provisions governing performance, payment and consumer protection bonds; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  A person shall not, directly or indirectly, perform or offer to perform, for a fee, any work concerning a residential swimming pool or spa or any consultation or supervision concerning such work or otherwise hold himself out as being able to perform such acts for a fee, unless the person holds:

      1.  A license as a contractor or subcontractor under state law which authorizes the person to perform such acts for a fee; or

      2.  Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts for a fee.

      Sec. 3.  1.  The Board shall adopt regulations to provide for classifications of licensing that authorize a contractor who performs work concerning a residential swimming pool or spa to perform, in connection with such work, the installation of:

      (a) Plumbing, including, without limitation, connections to potable water; and

      (b) Gas lines.

      2.  The regulations adopted by the Board must include, without limitation, regulations establishing the qualifications, training and examinations that are required for such classifications.

 

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