Link to Page 742

 

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ê2007 Statutes of Nevada, Page 743 (Chapter 223, SB 53)ê

 

      (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

      (d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

      (e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.

      4.  Within 2 years:

      (a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

      (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

      (c) An action for libel, slander, assault, battery, false imprisonment or seduction.

      (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

      (e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

      5.  Within 1 year:

      (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

      (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

      Sec. 12.  NRS 41.600 is hereby amended to read as follows:

      41.600  1.  An action may be brought by any person who is a victim of consumer fraud.

      2.  As used in this section, “consumer fraud” means:

      (a) An unlawful act as defined in NRS 119.330;

      (b) An unlawful act as defined in NRS 205.2747;

      (c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;

 


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ê2007 Statutes of Nevada, Page 744 (Chapter 223, SB 53)ê

 

      (d) An act prohibited by NRS 482.351; or

      (e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive [.] , and section 1 of this act.

      3.  If the claimant is the prevailing party, the court shall award him:

      (a) Any damages that he has sustained; and

      (b) His costs in the action and reasonable attorney’s fees.

      4.  Any action brought pursuant to this section is not an action upon any contract underlying the original transaction.

      Sec. 13.  This act becomes effective upon passage and approval.

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CHAPTER 224, AB 226

Assembly Bill No. 226–Assemblymen McClain, Kirkpatrick, Parnell, Koivisto, Gerhardt, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Claborn, Conklin, Denis, Hogan, Horne, Kihuen, Leslie, Oceguera, Parks, Pierce, Segerblom and Womack

 

CHAPTER 224

 

AN ACT relating to older persons; creating the Unit for the Investigation and Prosecution of Crimes Against Older Persons within the Office of the Attorney General; authorizing the Unit to investigate, prosecute and commence certain legal proceedings to prevent certain crimes against older persons; providing for a civil penalty to be imposed against a person who commits certain crimes against an older person; creating the Repository for Information Concerning Crimes Against Older Persons; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 5 of this bill creates the Unit for the Investigation and Prosecution of Crimes Against Older Persons within the Office of the Attorney General. Section 12 of this bill authorizes the Unit to investigate and prosecute alleged incidences of abuse, neglect, exploitation or isolation of an older person in certain circumstances. Section 14 of this bill authorizes the Unit to bring an action to enjoin or obtain other equitable relief to prevent abuse, neglect, exploitation or isolation of an older person.

      Section 15 of this bill provides for the imposition of a civil penalty against a person who engages in such acts. Any money collected from such civil penalties will be divided between the Fund for the Compensation of Victims of Crime and the Account for the Unit.

      Section 16 of this bill creates in the State General Fund an account for the Unit to pay expenses relating to the duties of the Unit. Section 17 of this bill allows the Unit to apply for grants and accept gifts, grants, appropriations or donations to assist in carrying out its duties.

      Section 18 of this bill creates the Repository for Information Concerning Crimes Against Older Persons in the Central Repository for Nevada Records of Criminal History.

      Section 19 of this bill requires certain reports concerning the abuse, neglect, exploitation or isolation of an older person to be forwarded to the Unit. (NRS 200.5093)

 


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ê2007 Statutes of Nevada, Page 745 (Chapter 224, AB 226)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Older person” means a person who is 60 years of age or older.

      Sec. 4.  “Unit” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons created pursuant to section 5 of this act.

      Sec. 5.  There is hereby created in the Office of the Attorney General the Unit for the Investigation and Prosecution of Crimes Against Older Persons.

      Secs. 6-11.  (Deleted by amendment.)

      Sec. 12.  The Unit may investigate and prosecute any alleged abuse, neglect, exploitation or isolation of an older person in violation of NRS 200.5099 or 200.50995 and any failure to report such a violation pursuant to NRS 200.5093:

      1.  At the request of the district attorney of the county in which the violation occurred;

      2.  If the district attorney of the county in which the violation occurred fails, neglects or refuses to prosecute the violation; or

      3.  Jointly with the district attorney of the county in which the violation occurred.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  The Unit may bring an action to enjoin or obtain any other equitable relief to prevent the abuse, neglect, exploitation or isolation of an older person. The court may award reasonable attorney’s fees and costs if the Unit prevails in such an action.

      Sec. 15.  1.  In addition to any criminal penalty, a person who is found guilty of abuse, neglect, exploitation or isolation of an older person pursuant to NRS 200.5099 or 200.50995 is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

      (a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

      (b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

      2.  The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

      (a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons who are abused, neglected, exploited or isolated in violation of NRS 200.5099 and 200.50995; and

      (b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons created pursuant to section 16 of this act.

      Sec. 16.  1.  The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons is hereby created in the State General Fund. The Attorney General shall administer the Account.

 


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ê2007 Statutes of Nevada, Page 746 (Chapter 224, AB 226)ê

 

      2.  The money in the Account must only be used to carry out the provisions of sections 2 to 17, inclusive, of this act and to pay the expenses incurred by the Unit in the discharge of its duties, including, without limitation, expenses relating to the provision of training and salaries and benefits for employees of the Unit.

      3.  Money in the Account must remain in the Account and must not revert to the State General Fund at the end of any fiscal year.

      Sec. 17.  1.  The Unit may apply for any available grants and accept gifts, grants, appropriations or donations to assist the Unit in carrying out its duties pursuant to the provisions of this chapter.

      2.  Any money received by the Unit must be deposited in the Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons created pursuant to section 16 of this act.

      Sec. 18.  Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of crimes against older persons committed in this State that must be prepared in a manner approved by the Director of the Department.

      3.  The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of crimes against older persons.

      4.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on crimes against older persons.

      5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim of a crime.

      6.  As used in this section, “older person” means a person who is 60 years of age or older.

      Sec. 19.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

 


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ê2007 Statutes of Nevada, Page 747 (Chapter 224, AB 226)ê

 

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services [.] and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Any employee of the Department of Health and Human Services.

      (g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (j) Every social worker.

      (k) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney , [and] the Aging Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his written findings.

 


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ê2007 Statutes of Nevada, Page 748 (Chapter 224, AB 226)ê

 

Crimes his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report [.] and a copy of any final report of an investigation must be forwarded to the Unit for the Investigation and Prosecution of Crimes within 90 days after completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to section 5 of this act.

      Sec. 20.  NRS 217.050 is hereby amended to read as follows:

      217.050  “Personal injury” means:

      1.  Actual bodily harm or threat of bodily harm which results in a need for medical treatment;

      2.  In the case of a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both; [or]

      3.  Any harm which results from sexual abuse [.] or

      4.  Any harm which results from a violation of NRS 200.5099 or 200.50995.

      Sec. 21.  NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484.379 or any act or neglect of duty punishable pursuant to NRS 484.3795 or 484.37955;

      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; [or]

      6.  An older person who is abused, neglected, exploited or isolated in violation of NRS 200.5099 or 200.50995; or

      7.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).

 


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ê2007 Statutes of Nevada, Page 749 (Chapter 224, AB 226)ê

 

Ê The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.

      Sec. 22.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 225, AB 92

Assembly Bill No. 92–Assemblymen Anderson, Munford, Hogan, Kihuen, Smith and Weber

 

CHAPTER 225

 

AN ACT relating to criminal procedure; expanding the crimes for which a convicted person is required to submit a biological specimen to be used for genetic marker analysis; prohibiting the sharing or disclosure of biological specimens and certain information except under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands the crimes for which a convicted person is required to submit to the Central Repository for Nevada Records of Criminal History a biological specimen to be used for analysis to determine the genetic markers of the specimen to include any felony, rather than certain felonies. (NRS 176.0913) Sections 1 and 2 of this bill prohibit the sharing or disclosure of biological specimens and certain information except under certain circumstances. (NRS 176.0913, 176.0916).

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.0913 is hereby amended to read as follows:

      176.0913  1.  If a defendant is convicted of an offense listed in subsection 4, the court, at sentencing, shall order that:

      (a) The name, social security number, date of birth and any other information identifying the defendant be submitted to the Central Repository for Nevada Records of Criminal History; and

      (b) A biological specimen be obtained from the defendant pursuant to the provisions of this section and that the specimen be used for an analysis to determine the genetic markers of the specimen.

      2.  If the defendant is committed to the custody of the Department of Corrections, the Department of Corrections shall arrange for the biological specimen to be obtained from the defendant. The Department of Corrections shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917.

      3.  If the defendant is not committed to the custody of the Department of Corrections, the Division shall arrange for the biological specimen to be obtained from the defendant. The Division shall provide the specimen to the forensic laboratory that has been designated by the county in which the defendant was convicted to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917. Any cost that is incurred to obtain a biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

 


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ê2007 Statutes of Nevada, Page 750 (Chapter 225, AB 92)ê

 

biological specimen from a defendant pursuant to this subsection is a charge against the county in which the defendant was convicted and must be paid as provided in NRS 176.0915.

      4.  Except as otherwise provided in subsection 5, the provisions of subsection 1 apply to a defendant who is convicted of:

      (a) A [category A] felony;

      (b) [A category B felony;

      (c) A category C felony involving the use or threatened use of force or violence against the victim;

      (d)] A crime against a child as defined in NRS 179D.210;

      [(e)] (c) A sexual offense as defined in NRS 179D.410;

      [(f)] (d) Abuse or neglect of an older person or a vulnerable person pursuant to NRS 200.5099;

      [(g)] (e) A second or subsequent offense for stalking pursuant to NRS 200.575;

      [(h)] (f) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(g), inclusive;

      (i)] (e), inclusive;

      (g) Failing to register with a local law enforcement agency as a convicted person as required pursuant to NRS 179C.100, if the defendant previously was:

             (1) Convicted in this State of committing an offense listed in paragraph (a), [(b), (c), (f), (g) or (h);] (d), (e) or (f); or

             (2) Convicted in another jurisdiction of committing an offense that would constitute an offense listed in paragraph (a), [(b), (c), (f), (g) or (h)] (d), (e) or (f) if committed in this State;

      [(j)] (h) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.240; or

      [(k)] (i) Failing to register with a local law enforcement agency after being convicted of a sexual offense as required pursuant to NRS 179D.450.

      5.  A court shall not order a biological specimen to be obtained from a defendant who has previously submitted such a specimen for conviction of a prior offense unless the court determines that an additional sample is necessary.

      6.  Except as otherwise authorized by federal law or by specific statute, a biological specimen obtained pursuant to this section, the results of a genetic marker analysis and any information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, results of a genetic marker analysis or information identifying or matching a biological specimen with a person, except pursuant to:

      (a) A court order; or

      (b) A request from a law enforcement agency during the course of an investigation.

      7.  A person who violates any provision of subsection 6 is guilty of a misdemeanor.

      Sec. 2.  NRS 176.0916 is hereby amended to read as follows:

      176.0916  1.  If the Division is supervising a probationer or parolee pursuant to an interstate compact and the probationer or parolee is or has been convicted in another jurisdiction of violating a law that prohibits the same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the Division shall arrange for a biological specimen to be obtained from the probationer or parolee.

 


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ê2007 Statutes of Nevada, Page 751 (Chapter 225, AB 92)ê

 

same or similar conduct as an offense listed in subsection 4 of NRS 176.0913, the Division shall arrange for a biological specimen to be obtained from the probationer or parolee.

      2.  After a biological specimen is obtained from a probationer or parolee pursuant to this section, the Division shall:

      (a) Provide the biological specimen to the forensic laboratory that has been designated by the county in which the probationer or parolee is residing to conduct or oversee genetic marker testing for the county pursuant to NRS 176.0917; and

      (b) Submit the name, social security number, date of birth and any other information identifying the probationer or parolee to the Central Repository for Nevada Records of Criminal History.

      3.  Except as otherwise authorized by federal law or by specific statute, a biological specimen obtained pursuant to this section, the results of a genetic marker analysis and any information identifying or matching a biological specimen with a person must not be shared with or disclosed to any person other than the authorized personnel who have possession and control of the biological specimen, results of a genetic marker analysis or information identifying or matching a biological specimen with a person, except pursuant to:

      (a) A court order; or

      (b) A request from a law enforcement agency during the course of an investigation.

      4.  A person who violates any provision of subsection 3 is guilty of a misdemeanor.

      5.  A probationer or parolee, to the extent of his financial ability, shall pay the sum of $150 to the Division as a fee for obtaining the biological specimen and for conducting the analysis to determine the genetic markers of the biological specimen. Except as otherwise provided in subsection [4,] 6, the fee required pursuant to this subsection must be collected from a probationer or parolee at the time the biological specimen is obtained from the probationer or parolee.

      [4.] 6.  A probationer or parolee may arrange to make monthly payments of the fee required pursuant to subsection [3.] 5. If such arrangements are made, the Division shall provide a probationer or parolee with a monthly statement that specifies the date on which the next payment is due.

      [5.] 7.  Any unpaid balance for a fee required pursuant to subsection [3] 5 is a charge against the Division.

      [6.] 8.  The Division shall deposit money that is collected pursuant to this section in the Fund for Genetic Marker Testing, which is hereby created in the State General Fund. The money deposited in the Fund for Genetic Marker Testing must be used to pay for the actual amount charged to the Division for obtaining biological specimens from probationers and parolees, and for conducting an analysis to determine the genetic markers of the specimens.

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ê2007 Statutes of Nevada, Page 752ê

 

CHAPTER 226, SB 16

Senate Bill No. 16–Senator Care

 

CHAPTER 226

 

AN ACT relating to eminent domain; revising the provisions pertaining to the deposit of money with a court in an action in eminent domain; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that when money is deposited in any court and payment is not required for 90 days or more, the money may be commingled with other deposits and invested, and the interest earned is deposited with the general fund of the political subdivision or municipality which supports the court. (NRS 355.210) Section 1 of this bill provides that when money is deposited in an action in eminent domain, the money must be deposited in a separate account and the owner of the property is entitled to some or all of the interest earned, depending upon the amount of compensation awarded to the owner as compared to the amount of money deposited.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

      The interest earned from any investment of money that has been deposited in any court pursuant to this chapter must be distributed in the following manner:

      1.  If the amount of the compensation awarded upon final judgment, not including any interest upon the judgment, is equal to or greater than the amount of money deposited in the court, the defendant is entitled to receive all the interest earned.

      2.  If the amount of the compensation awarded upon final judgment, not including any interest upon the judgment, is less than the amount of money deposited in the court:

      (a) The defendant is entitled to receive a percentage of the interest earned that represents the amount of money deposited in the court as compared to the amount of the compensation awarded upon final judgment, not including any interest upon the judgment.

      (b) The plaintiff is entitled to receive any interest remaining following the distribution to the defendant pursuant to paragraph (a).

      Sec. 1.5.  (Deleted by amendment.)

      Sec. 2.  NRS 355.210 is hereby amended to read as follows:

      355.210  1.  [When] Except as otherwise provided in subsection 2, when any money has been deposited in any court pursuant to law or rule of court, and when in the judgment of the clerk of the court, or the judge thereof if there is no clerk, payment out of the deposit will not be required for 90 days or more, the clerk or the judge, as the case may be, may invest the money so deposited, either alone or by commingling it with other money deposited.

      2.  If money has been deposited in any court pursuant to chapter 37 of NRS, the money must be kept in a separate account and invested.

      3.  The investment may be made:

 


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ê2007 Statutes of Nevada, Page 753 (Chapter 226, SB 16)ê

 

      (a) By deposit at interest in a state or national bank or credit union in the State of Nevada; or

      (b) In bills, bonds, debentures, notes or other securities whose purchase by a board of county commissioners is authorized by NRS 355.170.

      [3.  The]

      4.  Except as otherwise provided in section 1 of this act, the interest earned from any investment of money pursuant to this section [shall] must be deposited to the credit of the general fund of the political subdivision or municipality which supports the court.

      [4.] 5.  The requirements of this section may be modified by an ordinance adopted pursuant to the provisions of NRS 244.207 [.] , except the requirements of subsection 2.

      Sec. 3.  The amendatory provisions of this act apply to an action in eminent domain that is filed on or after the effective date of this act.

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

________

 

CHAPTER 227, SB 78

Senate Bill No. 78–Committee on Legislative Operations and Elections

 

CHAPTER 227

 

AN ACT relating to petitions; revising the provisions relating to misconduct in the signing or filing of petitions; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, a person is guilty of a misdemeanor if the person: (1) signs the name of another person or of a fictitious person on a petition; (2) files a petition or causes a petition to be filed knowing that the petition contains a false or wrongful signature or statement; (3) signs his name to or withdraws his name from a petition for any consideration, gratuity or reward; or (4) subscribes to any false statement concerning his age, citizenship, residence or other qualification. (NRS 205.125) This bill increases the penalty, from a misdemeanor to a category D felony, if a person: (1) signs the name of another person or of a fictitious person on a petition; or (2) files a petition or causes a petition to be filed knowing that the petition contains a false or wrongful signature or statement. This bill also prohibits a person from adding to, revising or altering a petition with the intent to falsify the name or any information concerning the age, citizenship or residence of another person who signs the petition. A person who commits one of these new crimes is guilty of a category D felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.125 is hereby amended to read as follows:

      205.125  [Every person who shall willfully sign the name of another person or of a fictitious person to or for any consideration, gratuity or reward shall sign his own name to or withdraw his name from any]

      1.  A person shall not willfully sign the name of another person, whether living or deceased, or of a fictitious person to any petition. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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ê2007 Statutes of Nevada, Page 754 (Chapter 227, SB 78)ê

 

D felony and shall be punished as provided in NRS 193.130. Each false or wrongful signature on a petition in violation of this subsection, whether related to a single petition or multiple petitions, constitutes a separate offense.

      2.  A person shall not willfully add to, revise or alter any petition with the intent to falsify the name or any information concerning the age, citizenship or residence of another person who signs the petition. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130. Each addition, revision or alteration to a petition in violation of this subsection, whether related to a single petition or multiple petitions, constitutes a separate offense.

      3.  A person shall not willfully offer or provide any consideration, gratuity or reward to another person with the intent to induce the other person to sign his own name to or withdraw his own name from any petition. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130. Each offer or provision of consideration, gratuity or reward to another person in violation of this subsection, whether related to a single petition or multiple petitions, constitutes a separate offense.

      4.  A person shall not, knowing that any petition contains any false or wrongful signature, statement or information, file the petition or cause the petition to be filed. A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130. Each filing of a petition in violation of this subsection, whether related to a single petition or multiple petitions, constitutes a separate offense.

      5.  A person shall not, in signing his own name to any petition, willfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the petition. A person who violates the provisions of this subsection is guilty of a misdemeanor. Each subscription to a false statement in violation of this subsection, whether related to a single petition or multiple petitions, constitutes a separate offense.

      6.  As used in this section, “petition” means a referendum or other petition circulated in pursuance of any law of this State or any municipal ordinance . [; or in signing his name to such petition shall willfully subscribe to any false statement concerning his age, citizenship, residence or other qualifications to sign the same; or knowing that any such petition contains any such false or wrongful signature or statement shall file the same, or put the same off with intent that it should be filed, as a true and genuine petition, shall be guilty of a misdemeanor.]

________

 


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ê2007 Statutes of Nevada, Page 755ê

 

CHAPTER 228, SB 103

Senate Bill No. 103–Senator Care

 

CHAPTER 228

 

AN ACT relating to unclaimed property; adopting the Uniform Unclaimed Property Act; repealing conflicting provisions of the existing Uniform Disposition of Unclaimed Property Act; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, Nevada has enacted the Uniform Disposition of Unclaimed Property Act. The existing Uniform Act establishes the powers, duties and liabilities of the State and other persons concerning certain property which is abandoned and unclaimed by its owner. (Chapter 120A of NRS)

      This bill replaces the existing Uniform Act with the updated and revised Uniform Unclaimed Property Act (1995). This bill retains many of the provisions of the existing Uniform Act. However, this bill reorganizes certain provisions from the existing Uniform Act to eliminate redundancy, it updates certain provisions to reflect holdings by the United States Supreme Court and it adds certain provisions regarding application and enforcement of the Act.

      Under the existing Uniform Act, certain tangible property such as the contents of safe-deposit boxes and intangible property such as traveler’s checks, money orders, stocks and monies owed by insurance companies, retirement plans and businesses are considered unclaimed by their owners after a certain period of abandonment. (NRS 120A.160-120A.240) Section 8 of this bill reorganizes into a single section all of the periods of abandonment that are set forth in separate sections in the existing Uniform Act.

      The existing Uniform Act does not contain the provisions in sections 10 and 18 of this bill which codify certain rules of priority established by the United States Supreme Court when more than one state seeks custody over unclaimed property. (Delaware v. New York, 507 U.S. 490, 113 S. Ct. 1550 (1993); Pennsylvania v. New York, 407 U.S. 206, 92 S. Ct. 2075 (1972); Texas v. New Jersey, 379 U.S. 674, 85 S. Ct. 626 (1965))

      The existing Uniform Act does not contain the provisions in section 12 of this bill which clarify the State’s burden of proof when it is trying to show the existence and amount of unclaimed property in the possession of certain holders and which recognizes several affirmative defenses that may be established by those holders.

      The existing Uniform Act does not contain the provisions in section 25 of this bill which require holders of unclaimed property and issuers of traveler’s checks and money orders to maintain records of certain information for a designated number of years.

      The existing Uniform Act contains criminal penalties for persons who do not comply with the provisions of the Act. (NRS 120A.440) This bill eliminates those criminal penalties, and section 28 of this bill adds provisions which impose civil monetary penalties on holders of unclaimed property who fail to report, pay or deliver the unclaimed property to the State.

 


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ê2007 Statutes of Nevada, Page 756 (Chapter 228, SB 103)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.

      Sec. 2.  “Domicile” means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.

      Sec. 3.  “Mineral” means gas, oil, coal and other gaseous, liquid and solid hydrocarbons, oil shale, cement material, sand, gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resource or any other substance defined as a mineral by the law of this State.

      Sec. 4.  “Mineral proceeds” means amounts payable for the extraction, production or sale of minerals or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes, without limitation, amounts payable:

      1.  For the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties and delay rentals;

      2.  For the extraction, production or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments and production payments; and

      3.  Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement and farm-out agreement.

      Sec. 5.  “Property” means tangible property described in section 9 of this act or a fixed and certain interest in intangible property that is held, issued or owed in the course of a holder’s business or by a government, governmental subdivision, agency or instrumentality, and all income or increments therefrom. The term includes, without limitation, property that is referred to as or evidenced by:

      1.  Money or a check, draft, deposit, interest or dividend;

      2.  A credit balance, customer’s overpayment, security deposit, refund, credit memorandum, unpaid wage, mineral proceeds or unidentified remittance;

      3.  Stock or other evidence of ownership of an interest in a business association or financial organization;

      4.  A bond, debenture, note or other evidence of indebtedness;

      5.  Money deposited to redeem stocks, bonds, coupons or other securities or to make distributions;

      6.  An amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers’ compensation insurance or health and disability insurance; and

      7.  An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits.

      Sec. 6.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

 


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ê2007 Statutes of Nevada, Page 757 (Chapter 228, SB 103)ê

 

      Sec. 7.  “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 8.  1.  Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:

      (a) A traveler’s check, 15 years after issuance;

      (b) A money order, 7 years after issuance;

      (c) Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the earlier of the date of the most recent dividend, stock split or other distribution unclaimed by the apparent owner, or the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner;

      (d) Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;

      (e) A demand, savings or time deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturity, unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;

      (f) Any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;

      (g) Any amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, 3 years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based;

      (h) Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;

      (i) Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;

      (j) Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;

      (k) Any wages or other compensation for personal services, 1 year after the compensation becomes payable;

      (l) A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;

      (m) Any property in an individual retirement account, defined benefit plan or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the earliest of the date of the distribution or attempted distribution of the property, the date of the required distribution as stated in the plan or trust agreement governing the plan or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; and

 


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ê2007 Statutes of Nevada, Page 758 (Chapter 228, SB 103)ê

 

plan or the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; and

      (n) All other property, 3 years after the owner’s right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

      2.  At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

      3.  Property is unclaimed if, for the applicable period set forth in subsection 1, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

      4.  An indication of an owner’s interest in property includes:

      (a) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

      (b) Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease or change the amount or type of property held in the account;

      (c) The making of a deposit to or withdrawal from a bank account; and

      (d) The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

      5.  Property is payable or distributable for purposes of this chapter notwithstanding the owner’s failure to make demand or present an instrument or document otherwise required to obtain payment.

      Sec. 9.  Tangible property held in a safe-deposit box or other safekeeping depository in this State in the ordinary course of the holder’s business and proceeds resulting from the sale of the property permitted by other law are presumed abandoned if the property remains unclaimed by the owner for more than 3 years after expiration of the lease or rental period on the box or other depository.

      Sec. 10.  Except as otherwise provided in this chapter or by other statute of this State, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this State if:

      1.  The last known address of the apparent owner, as shown on the records of the holder, is in this State;

 


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ê2007 Statutes of Nevada, Page 759 (Chapter 228, SB 103)ê

 

      2.  The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;

      3.  The records of the holder do not reflect the last known address of the apparent owner and it is established that:

      (a) The last known address of the person entitled to the property is in this State; or

      (b) The holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;

      4.  The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;

      5.  The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency or instrumentality of this State;

      6.  The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or

      7.  The property is a traveler’s check or money order purchased in this State or the issuer of the traveler’s check or money order has its principal place of business in this State and the issuer’s records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or do not show the state in which the instrument was purchased.

      Sec. 11.  A holder may deduct from property presumed abandoned a charge imposed by reason of the owner’s failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise cancelled. The amount of the deduction must not exceed $5 per month.

      Sec. 12.  A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the Administrator’s burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.

      Sec. 13.  1.  A holder of property presumed abandoned shall make a report to the Administrator concerning the property.

      2.  The report must be verified and must contain:

 


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ê2007 Statutes of Nevada, Page 760 (Chapter 228, SB 103)ê

 

      (a) A description of the property;

      (b) Except with respect to a traveler’s check or money order, the name, if known, and last known address, if any, and the social security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property of the value of $50 or more;

      (c) In the case of items valued under $50, a statement of the aggregate value of all items valued under $50;

      (d) In the case of an amount of $50 or more held or owing under an annuity or a life or endowment insurance policy, the full name and last known address of the annuitant or insured and of the beneficiary;

      (e) In the case of property held in a safe-deposit box or other safekeeping depository, an indication of the place where it is held and where it may be inspected by the Administrator and any amounts owing to the holder;

      (f) The date, if any, on which the property became payable, demandable or returnable and the date of the last transaction with the apparent owner with respect to the property; and

      (g) Other information that the Administrator by regulation prescribes as necessary for the administration of this chapter.

      3.  If a holder of property presumed abandoned is a successor to another person who previously held the property for the apparent owner or the holder has changed its name while holding the property, the holder shall file with the report its former names, if any, and the known names and addresses of all previous holders of the property.

      4.  The report must be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year, but a report with respect to an insurance company must be filed before May 1 of each year for the calendar year next preceding.

      5.  The holder of property presumed abandoned shall send written notice to the apparent owner, not more than 120 days or less than 60 days before filing the report, stating that the holder is in possession of property subject to this chapter, if:

      (a) The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be inaccurate;

      (b) The claim of the apparent owner is not barred by a statute of limitations; and

      (c) The value of the property is $50 or more.

      6.  Before the date for filing the report, the holder of property presumed abandoned may request the Administrator to extend the time for filing the report. The Administrator may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the amount paid.

      7.  The holder of property presumed abandoned shall file with the report an affidavit stating that the holder has complied with subsection 5.

      8.  A person reporting 15 or more items of property pursuant to this section shall file the report electronically in lieu of on paper.

      Sec. 14.  1.  Except for property held in a safe-deposit box or other safekeeping depository, upon filing the report required by section 13 of this act, the holder of property presumed abandoned shall pay, deliver or cause to be paid or delivered to the Administrator the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result.

 


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ê2007 Statutes of Nevada, Page 761 (Chapter 228, SB 103)ê

 

deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result. Tangible property held in a safe-deposit box or other safekeeping depository may not be delivered to the Administrator until 60 days after filing the report required by section 13 of this act.

      2.  If the property reported to the Administrator is a security or security entitlement under NRS 104.8101 to 104.8511, inclusive, the Administrator is an appropriate person to make an endorsement, instruction or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with NRS 104.8101 to 104.8511, inclusive.

      3.  If the holder of property reported to the Administrator is the issuer of a certificated security, the Administrator has the right to obtain a replacement certificate pursuant to NRS 104.8405, but an indemnity bond is not required.

      4.  An issuer, the holder and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section is not liable to the apparent owner and must be indemnified against claims of any person in accordance with section 16 of this act.

      Sec. 15.  1.  The Administrator shall publish a notice not later than November 30 of the year next following the year in which abandoned property has been paid or delivered to the Administrator. The notice must be published in a newspaper of general circulation in the county of this State in which is located the last known address of any person named in the notice. If a holder does not report an address for the apparent owner or the address is outside this State, the notice must be published in a county that the Administrator reasonably selects. The advertisement must be in a form that, in the judgment of the Administrator, is likely to attract the attention of the apparent owner of the unclaimed property. The form must contain:

      (a) The name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;

      (b) The city or town in which the last known address of each person appearing to be the owner of the property is located, if a city or town is set forth in the report filed by the holder;

      (c) A statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the Administrator; and

      (d) A statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the Administrator.

      2.  The Administrator is not required to advertise the name and city or town of an owner of property having a total value less than $50 or information concerning a traveler’s check, money order or similar instrument.

      Sec. 16.  1.  For the purposes of this section, payment or delivery is made in “good faith” if:

      (a) Payment or delivery was made in a reasonable attempt to comply with this chapter;

 


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ê2007 Statutes of Nevada, Page 762 (Chapter 228, SB 103)ê

 

      (b) The holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, that the property was presumed abandoned; and

      (c) There is no showing that the records under which the payment or delivery was made did not meet reasonable commercial standards of practice.

      2.  Upon payment or delivery of property to the Administrator, the State assumes custody and responsibility for the safekeeping of the property. A holder who pays or delivers property to the Administrator in good faith is relieved of all liability arising thereafter with respect to the property.

      3.  A holder who has paid money to the Administrator pursuant to this chapter may subsequently make payment to a person reasonably appearing to the holder to be entitled to payment. Upon a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the Administrator shall promptly reimburse the holder for the payment without imposing a fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler’s check or money order, the holder must be reimbursed upon filing proof that the instrument was duly presented and that payment was made to a person who reasonably appeared to be entitled to payment. The holder must be reimbursed for payment made even if the payment was made to a person whose claim was barred under subsection 1 of section 23 of this act.

      4.  A holder who has delivered property other than money to the Administrator pursuant to this chapter may reclaim the property if it is still in the possession of the Administrator, without paying any fee or other charge, upon filing proof that the apparent owner has claimed the property from the holder.

      5.  The Administrator may accept a holder’s affidavit as sufficient proof of the holder’s right to recover money and property under this section.

      6.  If a holder pays or delivers property to the Administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the Administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim resulting from payment or delivery of the property to the Administrator.

      7.  Property removed from a safe-deposit box or other safekeeping depository is received by the Administrator subject to the holder’s right to be reimbursed for the cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The Administrator shall reimburse the holder out of the proceeds remaining after deducting the expense incurred by the Administrator in selling the property.

      Sec. 17.  If property other than money is delivered to the Administrator under this chapter, the owner is entitled to receive from the Administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money.

      Sec. 18.  1.  After property has been paid or delivered to the Administrator under this chapter, another state may recover the property if:

 


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ê2007 Statutes of Nevada, Page 763 (Chapter 228, SB 103)ê

 

      (a) The property was paid or delivered to the custody of this State because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;

      (b) The property was paid or delivered to the custody of this State because the laws of the other state did not provide for the escheat or custodial taking of the property and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state;

      (c) The records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state;

      (d) The property was subjected to custody by this State under subsection 6 of section 10 of this act and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state; or

      (e) The property is a sum payable on a traveler’s check, money order or similar instrument that was purchased in the other state and delivered into the custody of this State under subsection 7 of section 10 of this act, and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

      2.  A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the Administrator, who shall decide the claim within 90 days after it is presented. The Administrator shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection 1.

      3.  The Administrator shall require another state, before recovering property under this section, to agree to indemnify this State and its officers and employees against any liability on a claim to the property.

      Sec. 19.  1.  A person, excluding another state, claiming property paid or delivered to the Administrator may file a claim on a form prescribed by the Administrator and verified by the claimant.

      2.  Within 90 days after a claim is filed, the Administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the Administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the Administrator or maintain an action under section 20 of this act.

      3.  Except as otherwise provided in subsection 5, within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the Administrator to the claimant, together with any dividend, interest or other increment to which the claimant is entitled under NRS 120A.360 and section 17 of this act.

      4.  A holder who pays the owner for property that has been delivered to the State and which, if claimed from the Administrator by the owner would be subject to an increment under NRS 120A.360 and section 17 of this act may recover from the Administrator the amount of the increment.

 


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ê2007 Statutes of Nevada, Page 764 (Chapter 228, SB 103)ê

 

      5.  The Administrator may require a person with a claim in excess of $2,000 to furnish a bond and indemnify the State against any loss resulting from the approval of such claim if the claim is based upon an original instrument, including, without limitation, a certified check or a stock certificate or other proof of ownership of securities, which cannot be furnished by the person with the claim.

      Sec. 20.  A person aggrieved by a decision of the Administrator or whose claim has not been acted upon within 90 days after its filing may maintain an original action to establish the claim in the district court, naming the Administrator as a defendant. If the aggrieved person establishes the claim in an action against the Administrator, the court may award the claimant reasonable attorney’s fees.

      Sec. 21.  1.  The Administrator may decline to receive property reported under this chapter which the Administrator considers to have a value less than the expenses of notice and sale.

      2.  A holder, with the written consent of the Administrator and upon conditions and terms prescribed by the Administrator, may report and deliver property before the property is presumed abandoned. Property so delivered must be held by the Administrator and is not presumed abandoned until it otherwise would be presumed abandoned under this chapter.

      Sec. 22.  If the Administrator determines after investigation that property delivered under this chapter has no substantial commercial value, the Administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the State or any officer or employee or against the holder for or on account of an act of the Administrator under this section, except for intentional misconduct or malfeasance.

      Sec. 23.  1.  The expiration, before or after October 1, 2007, of a period of limitation on the owner’s right to receive or recover property, whether specified by contract, statute or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the Administrator as required by this chapter.

      2.  An action or proceeding may not be maintained by the Administrator to enforce this chapter in regard to the reporting, delivery or payment of property more than 10 years after the holder specifically identified the property in a report filed with the Administrator or gave express notice to the Administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.

      Sec. 24.  1.  The Administrator may require a person who has not filed a report, or a person who the Administrator believes has filed an inaccurate, incomplete or false report, to file a verified report in a form specified by the Administrator. The report must state whether the person is holding property reportable under this chapter, describe property not previously reported or as to which the Administrator has made inquiry, and specifically identify and state the amounts of property that may be in issue.

      2.  The Administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The Administrator may conduct the examination even if the person believes he is not in possession of any property that must be reported, paid or delivered under this chapter.

 


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ê2007 Statutes of Nevada, Page 765 (Chapter 228, SB 103)ê

 

examination even if the person believes he is not in possession of any property that must be reported, paid or delivered under this chapter. The Administrator may contract with any other person to conduct the examination on behalf of the Administrator.

      3.  The Administrator at reasonable times may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial organization that is the holder of property presumed abandoned if the Administrator has given the notice required by subsection 2 to both the association or organization and the agent at least 90 days before the examination.

      4.  Documents and working papers obtained or compiled by the Administrator, or the Administrator’s agents, employees or designated representatives, in the course of conducting an examination are confidential and are not public records, but the documents and papers may be:

      (a) Used by the Administrator in the course of an action to collect unclaimed property or otherwise enforce this chapter;

      (b) Used in joint examinations conducted with or pursuant to an agreement with another state, the Federal Government or any other governmental subdivision, agency or instrumentality;

      (c) Produced pursuant to subpoena or court order; or

      (d) Disclosed to the abandoned property office of another state for that state’s use in circumstances equivalent to those described in this subdivision, if the other state is bound to keep the documents and papers confidential.

      5.  If an examination of the records of a person results in the disclosure of property reportable under this chapter, the Administrator may assess the cost of the examination against the holder at the rate of $200 a day for each examiner or a greater amount that is reasonable and was incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection 3 may be assessed only against the business association or financial organization.

      6.  If, after October 1, 2007, a holder does not maintain the records required by section 25 of this act and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, the Administrator may require the holder to report and pay to the Administrator the amount the Administrator reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported.

      Sec. 25.  1.  Except as otherwise provided in subsection 2, a holder required to file a report under section 13 of this act shall maintain the records containing the information required to be included in the report for 7 years after the holder files the report, unless a shorter period is provided by regulation of the Administrator.

      2.  A business association or financial organization that sells, issues or provides to others for sale or issue in this State, traveler’s checks, money orders or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the State and date of issue, for 3 years after the holder files the report.

 


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ê2007 Statutes of Nevada, Page 766 (Chapter 228, SB 103)ê

 

      Sec. 26.  The Administrator may maintain an action in this State or another state to enforce this chapter. The court may award reasonable attorney’s fees to the prevailing party.

      Sec. 27.  1.  The Administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in section 24 of this act. The Administrator by regulation may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.

      2.  The Administrator may join with another state to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.

      3.  At the request of another state, the Attorney General of this State may maintain an action on behalf of the other state to enforce, in this State, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in maintaining the action.

      4.  The Administrator may request that the attorney general of another state or another attorney commence an action in the other state on behalf of the Administrator. With the approval of the Attorney General of this State, the Administrator may retain any other attorney to commence an action in this State on behalf of the Administrator. This State shall pay all expenses, including attorney’s fees, in maintaining an action under this subsection. With the Administrator’s approval, the expenses and attorney’s fees may be paid from money received under this chapter. The Administrator may agree to pay expenses and attorney’s fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses or attorney’s fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this chapter.

      Sec. 28.  1.  A holder who fails to report, pay or deliver property within the time prescribed by this chapter shall pay to the Administrator interest at the rate of 18 percent per annum on the property or value thereof from the date the property should have been reported, paid or delivered.

      2.  Except as otherwise provided in subsection 3, a holder who fails to report, pay or deliver property within the time prescribed by this chapter or fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $200 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $5,000.

      3.  A holder who willfully fails to report, pay or deliver property within the time prescribed by this chapter or willfully fails to perform other duties imposed by this chapter shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day the report, payment or delivery is withheld or the duty is not performed, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.

      4.  A holder who makes a fraudulent report shall pay to the Administrator, in addition to interest as provided in subsection 1, a civil penalty of $1,000 for each day from the date a report under this chapter was due, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.

 


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ê2007 Statutes of Nevada, Page 767 (Chapter 228, SB 103)ê

 

penalty of $1,000 for each day from the date a report under this chapter was due, up to a maximum of $25,000, plus 25 percent of the value of any property that should have been but was not reported.

      5.  The Administrator for good cause may waive, in whole or in part, interest under subsection 1 and penalties under subsections 2 and 3, and shall waive penalties if the holder acted in good faith and without negligence.

      Sec. 29.  1.  An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Administrator. This subsection does not apply to an owner’s agreement with an attorney to file a claim as to identified property or contest the Administrator’s denial of a claim.

      2.  An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, is signed by the apparent owner and states the value of the property before and after the fee or other compensation has been deducted.

      3.  If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.

      4.  An agreement covered by this section must not provide for compensation that is more than 10 percent of the total value of the property that is the subject of the agreement. An agreement that provides for compensation that is more than 10 percent of the total value of the property that is the subject of the agreement is unenforceable except by the owner. An owner who has agreed to pay compensation that is more than 10 percent of the total value of the property that is the subject of the agreement, or the Administrator on behalf of the owner, may maintain an action to reduce the compensation to an amount that does not exceed 10 percent of the total value of the property. The court may award reasonable attorney’s fees to an owner who prevails in the action.

      5.  This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than that the compensation is more than 10 percent of the total value of the property that is the subject of the agreement.

      Sec. 30.  NRS 120A.010 is hereby amended to read as follows:

      120A.010  This chapter may be cited as the Uniform [Disposition of] Unclaimed Property Act.

      Sec. 31.  NRS 120A.020 is hereby amended to read as follows:

      120A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.120, inclusive, and sections 2 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 32.  NRS 120A.040 is hereby amended to read as follows:

      120A.040  “Business association” means a corporation, [other than a public corporation, a] joint-stock company, investment company, partnership, unincorporated association, joint venture, limited-liability company, business trust, trust company, land bank, safe-deposit company or other safekeeping depository, financial organization, insurance company, mutual fund or utility, or another business entity consisting of one or more persons, whether or not for profit.

 


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ê2007 Statutes of Nevada, Page 768 (Chapter 228, SB 103)ê

 

company, business trust, trust company, land bank, safe-deposit company or other safekeeping depository, financial organization, insurance company, mutual fund or utility, or another business entity consisting of one or more persons, whether or not for profit.

      Sec. 33.  NRS 120A.070 is hereby amended to read as follows:

      120A.070  “Financial organization” means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization or credit union.

      Sec. 34.  NRS 120A.100 is hereby amended to read as follows:

      120A.100  “Owner” means a person who has a legal or equitable interest in property subject to this chapter or the person’s legal representative. The term includes, without limitation, a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant or payee in the case of other [intangible property, or a person having a legal or equitable interest in property subject to this chapter, or his legal representative.] property.

      Sec. 35.  NRS 120A.110 is hereby amended to read as follows:

      120A.110  “Person” means a natural person, business association, financial organization, estate, trust, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

      Sec. 36.  NRS 120A.120 is hereby amended to read as follows:

      120A.120  “Utility” means any person who owns or operates [within this State] for public use any plant, equipment, real property, franchise or license for the transmission of communications or the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas.

      Sec. 37.  NRS 120A.130 is hereby amended to read as follows:

      120A.130  This chapter shall be [so construed as] applied and construed to effectuate its general purpose to make uniform the law [of those states which] with respect to the subject matter of the Uniform Unclaimed Property Act among the states that enact it.

      Sec. 38.  NRS 120A.135 is hereby amended to read as follows:

      120A.135  1.  The provisions of this chapter do not apply to gaming chips or tokens which are not redeemed at an establishment.

      2.  As used in this section:

      (a) “Establishment” has the meaning ascribed to it in NRS 463.0148.

      (b) “Gaming chip or token” means any object which may be redeemed at an establishment for cash or any other representative of value.

      Sec. 39.  NRS 120A.360 is hereby amended to read as follows:

      120A.360  1.  Except as otherwise provided in subsections 4, 5 and 6, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords , in his judgment , the most favorable market for the property . [involved.] The Administrator may decline the highest bid and reoffer the property for sale if he considers the [price] bid to be insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice , [thereof] at least [2 weeks in advance of the] 3 weeks before sale , in a newspaper of general circulation in the county [where] in which the property is to be sold.

      3.  The purchaser of property at any sale conducted by the Administrator pursuant to this chapter [is vested with title to] takes the property [purchased, free from] free of all claims of the owner or [prior] previous holder and of all persons claiming through or under them.

 


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ê2007 Statutes of Nevada, Page 769 (Chapter 228, SB 103)ê

 

property [purchased, free from] free of all claims of the owner or [prior] previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of [title.] ownership.

      4.  The Administrator need not offer any property for sale if [, in his opinion,] he considers that the probable cost of the sale [exceeds the value of the property.] will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation;

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society; or

      (c) A veterans’ or military museum, upon its written request, if the property has military or military historical value and is not wanted by the Nevada Museum and Historical Society, the Nevada State Museum or the Nevada Historical Society.

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      5.  Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      6.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.

      Sec. 40.  NRS 120A.370 is hereby amended to read as follows:

      120A.370  1.  There is hereby created in the State Treasury the Abandoned Property Trust [Fund.] Account.

      2.  All money received by the Administrator under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the Administrator in the State Treasury for credit to the Abandoned Property Trust [Fund.] Account.

      3.  Before making a deposit, the Administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the abandoned property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.

 


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ê2007 Statutes of Nevada, Page 770 (Chapter 228, SB 103)ê

 

      4.  The Administrator may pay from money available in the Abandoned Property Trust [Fund:] Account:

      (a) Any costs in connection with the sale of abandoned property.

      (b) Any costs of mailing and publication in connection with any abandoned property.

      (c) Reasonable service charges.

      (d) Any costs incurred in examining the records of a holder and in collecting the abandoned property.

      (e) Any valid claims filed pursuant to this chapter.

      5.  [At] Except as otherwise provided in NRS 120A.360, by the end of each fiscal year, the amount of the balance in the Abandoned Property Trust [Fund] Account in excess of $100,500 must be transferred. The first $7,600,000 each year must be transferred to the Millennium Scholarship Trust Fund created by NRS 396.926. The remainder must be transferred to the State General Fund, but remains subject to the valid claims of holders pursuant to [NRS 120A.340 or owners pursuant to NRS 120A.380.] section 16 of this act and owners pursuant to section 19 of this act, except that a claim of a holder or owner may not be paid from money transferred to the Millennium Scholarship Trust Fund pursuant to this section.

      6.  If there is an insufficient amount of money in the Abandoned Property Trust [Fund] Account to pay any cost or charge pursuant to subsection 4, the State Board of Examiners may, upon the application of the Administrator, authorize a temporary transfer from the State General Fund to the Abandoned Property Trust [Fund] Account of an amount necessary to pay those costs or charges. The Administrator shall repay the amount of the transfer as soon as sufficient money is available in the Abandoned Property Trust [Fund.] Account.

      Sec. 41.  NRS 32.020 is hereby amended to read as follows:

      32.020  1.  In any receivership proceeding instituted in which a dividend has been declared and ordered paid to creditors, any dividend which remains unclaimed for 3 years reverts to the general fund of the estate and must be applied as follows:

      (a) To the payment of costs and expenses of the administration of the estate and receivership.

      (b) To a new dividend distributed to creditors whose claims have been allowed but not paid in full. After those claims have been paid in full, the balance is presumed abandoned under chapter 120A of NRS . [120A.210.]

      2.  This section applies to any receivership proceeding which may be brought, and includes any bank, banking corporation, corporation, copartnership, company, association or natural person.

      Sec. 42.  NRS 607.170 is hereby amended to read as follows:

      607.170  1.  The Labor Commissioner may prosecute a claim for wages and commissions or commence any other action to collect wages, commissions and other demands of any person who is financially unable to employ counsel in a case in which, in the judgment of the Labor Commissioner, the claim for wages or commissions or other action is valid and enforceable in the courts.

      2.  In all matters relating to wages or commissions, the Labor Commissioner may, in accordance with the provisions of NRS 607.210, subpoena any person whose appearance is required to adjust and settle claims or other actions for wages or commissions before bringing suit in those matters, and the Labor Commissioner may effect reasonable compromises of those matters.

 


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ê2007 Statutes of Nevada, Page 771 (Chapter 228, SB 103)ê

 

or other actions for wages or commissions before bringing suit in those matters, and the Labor Commissioner may effect reasonable compromises of those matters.

      3.  The Labor Commissioner or his Deputy may maintain a commercial account with any bank or credit union within this State for the deposit of money collected for claims for wages or commissions. The money must be promptly paid to the person entitled thereto. At the end of each calendar year, any unclaimed money in the commercial account which has been a part of the account for 1 year or more is presumed abandoned under chapter 120A of NRS . [120A.220.]

      Sec. 43.  NRS 120A.030, 120A.095, 120A.150, 120A.160, 120A.170, 120A.180, 120A.185, 120A.190, 120A.200, 120A.210, 120A.220, 120A.225, 120A.230, 120A.240, 120A.250, 120A.260, 120A.270, 120A.280, 120A.300, 120A.310, 120A.320, 120A.330, 120A.340, 120A.350, 120A.380, 120A.390, 120A.400, 120A.405, 120A.410, 120A.420, 120A.430, 120A.440 and 120A.450 are hereby repealed.

      Sec. 44.  1.  Except as otherwise provided in this section:

      (a) The provisions of this act are intended to substitute the Uniform Unclaimed Property Act (1995), in the form enacted by this act, in a continuing way for the Uniform Disposition of Unclaimed Property Act, as that act existed in chapter 120A of NRS before October 1, 2007.

      (b) If there is a conflict between the provisions of this act and the provisions of the Uniform Disposition of Unclaimed Property Act, as that act existed in chapter 120A of NRS before October 1, 2007, the provisions of this act control.

      2.  The provisions of this act do not repeal, abrogate or supersede the provisions of section 15 of chapter 347, Statutes of Nevada 2001, at page 1652, to the extent that those provisions remain applicable to the property described in that section.

      3.  An initial report filed under the provisions of this act for property which was not required to be reported before October 1, 2007, but which is subject to the provisions of this act, must include all items of property that would have been presumed abandoned during the 10-year period next preceding October 1, 2007, as if the provisions of this act had been in effect during that period.

      4.  The provisions of this act do not relieve a holder of a duty that arose before October 1, 2007, to report, pay or deliver property. Except as otherwise provided in subsection 2 of section 23 of this act, a holder who did not comply with the law in effect before October 1, 2007, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section.

      5.  Any administrative regulations which were adopted under the provisions of chapter 120A of NRS before October 1, 2007, and which do not conflict with the provisions of this act, remain in force until amended or repealed by the Administrator pursuant to NRS 120A.140.

________

 


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ê2007 Statutes of Nevada, Page 772ê

 

CHAPTER 229, SB 110

Senate Bill No. 110–Senator Beers

 

Joint Sponsors: Assemblymen Gansert, Beers, Denis, Goedhart, Settelmeyer and Stewart

 

CHAPTER 229

 

AN ACT relating to education; revising provisions governing the administration of tests, examinations and assessments by the boards of trustees of school districts; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the administration of the following examinations to pupils enrolled in the public schools: (1) examinations that are administered to a national reference group of pupils in grades 4, 7 and 10 (norm-referenced tests or NRTs); (2) examinations that assess the progress of pupils on the state standards of content and performance in grades 3 through 8 (criterion-referenced tests or CRTs); (3) the high school proficiency examination which pupils must pass to receive a standard high school diploma; and (4) examinations of the National Assessment of Educational Progress. (NRS 389.012, 389.015, 389.550) With the exception of the NRTs, the administration of these examinations is required by the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq.

      Section 2 of this bill limits the district-wide tests, examinations and assessments that the board of trustees of a school district may administer between July 1, 2007, and January 1, 2009.

      Section 3 of this bill authorizes the board of trustees of each school district to require, beginning on January 1, 2009, the administration of district-wide tests, examinations and assessments that the board of trustees determines are vital to measuring pupil achievement and progress.

      Section 4 of this bill requires the board of trustees of each school district to submit a report to the Legislative Committee on Education concerning the testing of pupils within the school district during the 2006-2007 school year.

 

 

      Whereas, The Federal Government and the Nevada Legislature have imposed upon Nevada’s public schools progressively more stringent requirements to demonstrate improved academic performance of pupils; and

      Whereas, As a result of these requirements, the public schools in this State are required to administer an increasing number of standardized tests to pupils, including norm-referenced tests, criterion-referenced tests, proficiency tests and tests of the National Assessment of Educational Progress; and

      Whereas, The school districts and charter schools in this State currently administer a variety of tests other than those required by state and federal law; and

      Whereas, A recent report by the State Board of Education indicates that, in the aggregate, the task of preparing for and administering all these tests in schools throughout this State annually consumes hundreds of employee hours and costs at least $13 million; and

 


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

ê2007 Statutes of Nevada, Page 773 (Chapter 229, SB 110)ê

 

      Whereas, Although there is an undeniable need for test data to evaluate the progress of Nevada’s public schools and pupils in meeting the standards of academic performance, the Legislature hereby expresses that the demands for statistical information should not be allowed to unnecessarily divert the time for teachers and pupils to accomplish the work required to meet those standards; and

      Whereas, Assembly Bill No. 484 of this Session, if enacted, requires the Legislative Committee on Education to study the issue of testing during the 2007-2009 interim, including, without limitation, the quantity and quality of tests administered in the public schools; and

      Whereas, Pending completion of the study required by Assembly Bill No. 484 of this Session, if enacted, and potential action by the Legislature in response to the recommendations of that study, the members of the 74th Session of the Legislature hereby deem it appropriate to impose a moratorium on the administration of any test that is not mandated by state or federal law or of any test that was not adopted by a school district before July 1, 2007, now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, the board of trustees of a school district shall not administer a district-wide test, examination or assessment unless that test, examination or assessment:

      (a) Is required by state or federal law; or

      (b) Was adopted by the school district before July 1, 2007.

      2.  The provisions of this section do not apply to a test, examination or assessment that a pupil voluntarily takes without a district-wide requirement, including, without limitation, an advanced placement examination.

      Sec. 3.  1.  In addition to any other test, examination or assessment required by state or federal law, the board of trustees of each school district may require the administration of district-wide tests, examinations and assessments that the board of trustees determines are vital to measure the achievement and progress of pupils. In making this determination, the board of trustees shall consider any applicable findings and recommendations of the Legislative Committee on Education.

      2.  The tests, examinations and assessments required pursuant to subsection 1 must be limited to those which can be demonstrated to provide a direct benefit to pupils or which are used by teachers to improve instruction and the achievement of pupils.

      3.  The board of trustees of each school district and the State Board shall periodically review the tests, examinations and assessments administered to pupils to ensure that the time taken from instruction to conduct a test, examination or assessment is warranted because it is still accomplishing its original purpose.

      Sec. 4.  1.  The board of trustees of each school district shall prepare and submit to the Legislative Committee on Education on or before March 1, 2008, a report concerning testing of pupils within the school district during the 2006-2007 school year.

 


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

ê2007 Statutes of Nevada, Page 774 (Chapter 229, SB 110)ê

 

      2.  The report required pursuant to subsection 1 must include:

      (a) The number of hours pupils in the district spend in testing;

      (b) The number of hours that teachers and other licensed educational personnel and educational support staff employed by the school district spend in the administration of tests and other activities relating to testing;

      (c) The best practices adopted by the district with respect to using testing time efficiently in comparison with using the time for instruction; and

      (d) Any recommendations for legislative changes or changes in practices with respect to the testing of pupils.

      Sec. 5.  In making the determination required by subsection 1 of section 3 of this act concerning tests, examinations and assessments, the board of trustees of each school district shall consider the results of the study conducted by the Legislative Committee on Education pursuant to Assembly Bill No. 484 of this Session, if enacted, and recommendations made by the Committee as a result of that study.

      Sec. 6.  1.  This section and sections 1, 2, 4 and 5 of this act become effective on July 1, 2007.

      2.  Section 3 of this act becomes effective on January 1, 2009.

      3.  Section 2 of this act expires by limitation on January 1, 2009.

________

 

CHAPTER 230, SB 112

Senate Bill No. 112–Senators Titus, Amodei, Beers, Care, Carlton, Cegavske, Coffin, Hardy, Heck, Horsford, Lee, Mathews, McGinness, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse

 

CHAPTER 230

 

AN ACT relating to controlled substances; requiring entities that sell certain products that are precursors to methamphetamine to place such products in an area to which the public does not have direct access, to limit the quantity of such products sold or transferred to the same person during any calendar day, to maintain a list of sales of such products and to ensure that certain information is entered in that list; prohibiting a person from acquiring more than a certain amount of certain products that are precursors to methamphetamine; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      This bill establishes restrictions on the sale and purchase of products that contain materials that can be used to manufacture methamphetamine.

      Section 6 of this bill requires sellers of a product that contains certain materials that can be used to manufacture methamphetamine to keep the product in a locked case or cabinet or behind a store counter so that the public does not have direct access to the product. Section 7 of this bill establishes limits on the quantity of certain chemicals that can be sold to the same person during a calendar day. Section 8 of this bill requires sellers of a product that contains materials that can be used to manufacture methamphetamine to maintain a logbook of sales and transfers of the product and to ensure that certain information is entered in the logbook.

 


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

ê2007 Statutes of Nevada, Page 775 (Chapter 230, SB 112)ê

 

      If a seller of a product that contains materials that can be used to manufacture methamphetamine violates section 6, 7 or 8 of this bill, section 9 of this bill provides that the seller is subject to a civil penalty of not more than $250,000 for each violation.

      Section 10 of this bill prohibits a person from knowingly or intentionally purchasing or otherwise acquiring a certain amount of certain chemicals that can be used to manufacture methamphetamine. A person who violates this provision is subject to criminal penalties.

      Section 11 of this bill prohibits a person from knowingly or intentionally entering false information in the logbook. A person who violates this provision is guilty of a category D felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Logbook” means a written or electronic list of each sale or transfer of a product that is a precursor to methamphetamine.

      Sec. 4.  “Product that is a precursor to methamphetamine” means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.

      Sec. 5.  “Retail distributor” means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

      Sec. 6.  A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the product before a sale or transfer is made.

      Sec. 7.  1.  Except as otherwise provided in subsection 2, a retail distributor shall not:

      (a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (b) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:

             (1) The product is packaged in blister packs, each blister containing not more than two dosage units; or

             (2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.

 


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

ê2007 Statutes of Nevada, Page 776 (Chapter 230, SB 112)ê

 

      2.  The provisions of subsection 1 do not apply if, pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).

      Sec. 8.  1.  A retail distributor shall maintain a logbook.

      2.  At the time of a sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee; and

      (d) The date and time of the sale or transfer.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card that provides a photograph and is issued by the Government of the United States or the government of this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his name in the logbook; and

      (b) The retail distributor determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in section 11 of this act, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of section 2 to 11, inclusive, of this act, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

      Sec. 9.  If a retail distributor violates any provision of section 6, 7 or 8 of this act, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive.

      Sec. 10.  1.  Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire:

      (a) During any calendar day, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or

 


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

ê2007 Statutes of Nevada, Page 777 (Chapter 230, SB 112)ê

 

      (b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      2.  The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.

      3.  A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:

      (a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and

      (b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 11.  Any person who knowingly or intentionally enters a false statement or representation in a logbook is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 12.  NRS 453.553 is hereby amended to read as follows:

      453.553  1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11, inclusive, of this act, any person who violates section 6, 7 or 8 of this act, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  As used in [this section and NRS 453.5531, 453.5532 and 453.5533:] NRS 453.553 to 453.5533, inclusive:

      (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

      (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

      (c) “Substitute” means a substance which:

             (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

             (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

      Sec. 13.  NRS 453.5531 is hereby amended to read as follows:

      453.5531  1.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:

 


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

ê2007 Statutes of Nevada, Page 778 (Chapter 230, SB 112)ê

 

      (a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.

      (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.

      (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.

      2.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.

      (b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.

      3.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.

      (b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.

      4.  Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.

      5.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of section 6, 7 or 8 of this act, to a civil penalty in an amount not to exceed $250,000 for each violation.

      Sec. 14.  NRS 453.5533 is hereby amended to read as follows:

      453.5533  1.  A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2 to 11, inclusive, of this act occurs.

      2.  Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.

      Sec. 15.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 779ê

 

CHAPTER 231, SB 161

Senate Bill No. 161–Senators Coffin, Titus, Beers, Cegavske, Mathews, Raggio and Rhoads

 

CHAPTER 231

 

AN ACT relating to air pollution; exempting hybrid electric vehicles from the program for the control of emissions from motor vehicles until the model year of the vehicle is 6 years old; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Environmental Commission and the Department of Motor Vehicles must conduct a program for the control of emissions from motor vehicles in designated areas of a county whose population is 100,000 or more (currently Clark and Washoe Counties). (NRS 445B.770; NAC 445B.593, 445B.594) In those areas, a motor vehicle which has been registered for not less than 2 years may not be registered without evidence that the vehicle: (1) is equipped with the pollution control devices required by state and federal law; and (2) has passed an inspection to ensure that the devices are operating properly. (NRS 445B.800, 445B.815) Existing law further authorizes the Commission to exempt designated classes of motor vehicles from the program for the control of emissions. (NRS 445B.825) This bill exempts hybrid electric vehicles that are 5 years old or less from the emissions program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 445B.825 is hereby amended to read as follows:

      445B.825  1.  The Commission may provide for exemption from the provisions of NRS 445B.770 to 445B.815, inclusive, of designated classes of motor vehicles, including , without limitation, classes based upon the year of manufacture of motor vehicles.

      2.  A hybrid electric vehicle, as defined in 40 C.F.R. § 86.1702-99, is exempt from the provisions of NRS 445B.770 to 445B.815, inclusive, until the model year of the vehicle is 6 years old.

      3.  The Commission shall provide for a waiver from the provisions of NRS 445B.770 to 445B.815, inclusive, if compliance involves repair and equipment costs which exceed the limits established by the Commission. The Commission shall establish the limits in a manner which avoids unnecessary financial hardship to motor vehicle owners.

      Sec. 3.  (Deleted by amendment.)

________

 


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ê2007 Statutes of Nevada, Page 780ê

 

CHAPTER 232, SB 169

Senate Bill No. 169–Senator Care

 

CHAPTER 232

 

AN ACT relating to anatomical gifts; adopting the Revised Uniform Anatomical Gift Act; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, Nevada has enacted the Uniform Anatomical Gift Act, which establishes the rights of donors and other authorized persons to affirmatively make anatomical gifts of human bodies and parts for the purpose of transplantation, therapy, research or education. The existing Uniform Act also sets forth various requirements and procedures for making, amending, revoking and refusing to make anatomical gifts. (NRS 451.500-451.590)

      This bill replaces the existing Uniform Act with the Revised Uniform Anatomical Gift Act. This bill retains many of the provisions of the existing Uniform Act. However, this bill reorganizes and updates various provisions from the existing Uniform Act, and it adds certain new provisions to better facilitate the process of making anatomical gifts.

      Section 22 of this bill revises the existing Uniform Act by expanding the persons who may make an anatomical gift to include an agent or guardian of a person under certain circumstances and an emancipated minor, a minor who applies for a driver’s license and the parents of an unemancipated minor under certain circumstances.

      Section 23 of this bill revises the existing Uniform Act by expanding the methods for making an anatomical gift to include making an anatomical gift on a state-issued identification card, through a donor registry or, during a terminal illness or injury, through any oral or physical communication witnessed by at least two adults, at least one of whom is a disinterested witness.

      Section 24 of this bill revises the existing Uniform Act by expanding the methods for amending and revoking an anatomical gift to include destroying or cancelling the record of the anatomical gift, or any part thereof, with the intent to revoke the gift and, during a terminal illness or injury, making any oral or physical communication witnessed by at least two adults, at least one of whom is a disinterested witness.

      Section 25 of this bill revises the existing Uniform Act by updating and clarifying the provisions governing a person’s right to refuse to make an anatomical gift and the procedures a person must follow to amend or revoke such a refusal.

      Section 34 of this bill amends the existing Uniform Act by adding a new prohibition which provides that a person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document making, amending or revoking an anatomical gift or refusing to make an anatomical gift is guilty of a category C felony.

      Section 58 of this bill amends the existing Uniform Act by increasing the penalty from a category D felony to a category C felony for a person who unlawfully purchases or sells a body part for transplantation or therapy when the body part is intended for an anatomical gift.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 41, inclusive, of this act.

      Sec. 2.  “Adult” means a natural person who is at least 18 years of age.

 


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

ê2007 Statutes of Nevada, Page 781 (Chapter 232, SB 169)ê

 

      Sec. 3.  “Agent” means a natural person:

      1.  Authorized to make health-care decisions on the principal’s behalf by a power of attorney for health care; or

      2.  Expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.

      Sec. 4.  “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the natural person who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the natural person. The term does not include a person to which an anatomical gift could pass under section 29 of this act.

      Sec. 5.  “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. The term includes, without limitation, a donor registry that has entered into a contract with the Department of Motor Vehicles pursuant to NRS 483.340 or 483.840.

      Sec. 6.  “Driver’s license” means a license or permit issued by the Department of Motor Vehicles to operate a vehicle, whether or not conditions are attached to the license or permit.

      Sec. 7.  “Eye bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

      Sec. 8.  “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health or welfare of a natural person. The term does not include a guardian ad litem.

      Sec. 9.  “Know” means to have actual knowledge.

      Sec. 10.  “Minor” means a natural person who is under 18 years of age.

      Sec. 11.  “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

      Sec. 12.  “Parent” means a parent whose parental rights have not been terminated.

      Sec. 13.  “Prospective donor” means a natural person who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education. The term does not include a natural person who has made a refusal.

      Sec. 14.  “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

      Sec. 15.  “Recipient” means a natural person into whose body a decedent’s part has been or is intended to be transplanted.

      Sec. 16.  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

      Sec. 17.  “Refusal” means a record created under section 25 of this act that expressly states an intent to bar other persons from making an anatomical gift of a natural person’s body or part.

 


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ê2007 Statutes of Nevada, Page 782 (Chapter 232, SB 169)ê

 

      Sec. 18.  “Sign” means, with the present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      Sec. 19.  “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

      Sec. 20.  “Tissue bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

      Sec. 21.  “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

      Sec. 22.  Subject to section 26 of this act, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 23 of this act by:

      1.  The donor, if the donor is an adult or if the donor is a minor and is:

      (a) Emancipated; or

      (b) Authorized under state law to apply for a driver’s license because the donor is at least 16 years of age;

      2.  An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

      3.  A parent of the donor, if the donor is an unemancipated minor; or

      4.  The donor’s guardian.

      Sec. 23.  1.  A donor may make an anatomical gift:

      (a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;

      (b) In a will;

      (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

      (d) As provided in subsection 2.

      2.  A donor or other person authorized to make an anatomical gift under section 22 of this act may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another natural person at the direction of the donor or other person and must:

      (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

      (b) State that it has been signed and witnessed as provided in paragraph (a).

      3.  Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

 


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

ê2007 Statutes of Nevada, Page 783 (Chapter 232, SB 169)ê

 

      4.  An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

      Sec. 24.  1.  Subject to section 26 of this act, a donor or other person authorized to make an anatomical gift under section 22 of this act may amend or revoke an anatomical gift by:

      (a) A record signed by:

             (1) The donor;

             (2) The other person; or

             (3) Subject to subsection 2, another natural person acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

      (b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

      2.  A record signed pursuant to subparagraph (3) of paragraph (a) of subsection 1 must:

      (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

      (b) State that it has been signed and witnessed as provided in paragraph (a).

      3.  Subject to section 26 of this act, a donor or other person authorized to make an anatomical gift under section 22 of this act may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

      4.  A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

      5.  A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection 1.

      Sec. 25.  1.  A natural person may refuse to make an anatomical gift of his body or part by:

      (a) A record signed by:

             (1) Him; or

             (2) Subject to subsection 2, another natural person acting at his direction if he is physically unable to sign;

      (b) His will, whether or not the will is admitted to probate or invalidated after his death; or

      (c) Any form of communication made by him during his terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

      2.  A record signed pursuant to subparagraph (2) of paragraph (a) of subsection 1 must:

      (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the natural person; and

      (b) State that it has been signed and witnessed as provided in paragraph (a).

 


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

ê2007 Statutes of Nevada, Page 784 (Chapter 232, SB 169)ê

 

      3.  A natural person who has made a refusal may amend or revoke the refusal:

      (a) In the manner provided in subsection 1 for making a refusal;

      (b) By subsequently making an anatomical gift pursuant to section 23 of this act that is inconsistent with the refusal; or

      (c) By destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

      4.  Except as otherwise provided in subsection 8 of section 26 of this act, in the absence of an express, contrary indication by the natural person set forth in the refusal, a natural person’s unrevoked refusal to make an anatomical gift of his body or part bars all other persons from making an anatomical gift of his body or part.

      Sec. 26.  1.  Except as otherwise provided in subsection 7 and subject to subsection 6, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under section 23 of this act or an amendment to an anatomical gift of the donor’s body or part under section 24 of this act.

      2.  A donor’s revocation of an anatomical gift of the donor’s body or part under section 24 of this act is not a refusal and does not bar another person specified in section 22 or 27 of this act from making an anatomical gift of the donor’s body or part under section 23 or 28 of this act.

      3.  If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under section 23 of this act or an amendment to an anatomical gift of the donor’s body or part under section 24 of this act, another person may not make, amend or revoke the gift of the donor’s body or part under section 28 of this act.

      4.  A revocation of an anatomical gift of a donor’s body or part under section 24 of this act by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 23 or 28 of this act.

      5.  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 22 of this act, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

      6.  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 22 of this act, an anatomical gift of a part for one or more of the purposes set forth in section 22 of this act is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under section 23 or 28 of this act.

      7.  If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.

      8.  If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor’s refusal.

      Sec. 27.  1.  Subject to subsections 2 and 3 and unless barred by section 25 or 26 of this act, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

 


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

ê2007 Statutes of Nevada, Page 785 (Chapter 232, SB 169)ê

 

for the purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

      (a) An agent of the decedent at the time of death who could have made an anatomical gift under subsection 2 of section 22 of this act immediately before the decedent’s death;

      (b) The spouse of the decedent;

      (c) Adult children of the decedent;

      (d) Parents of the decedent;

      (e) Adult siblings of the decedent;

      (f) Adult grandchildren of the decedent;

      (g) Grandparents of the decedent;

      (h) An adult who exhibited special care and concern for the decedent;

      (i) The persons who were acting as the guardians of the person of the decedent at the time of death; and

      (j) Any other person having the authority to dispose of the decedent’s body.

      2.  If there is more than one member of a class listed in paragraphs (a), (c), (d), (e), (f), (g) or (i) of subsection 1 entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under section 29 of this act knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

      3.  A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection 1 is reasonably available to make or to object to the making of an anatomical gift.

      Sec. 28.  1.  A person authorized to make an anatomical gift under section 27 of this act may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the natural person receiving the oral communication.

      2.  Subject to subsection 3, an anatomical gift by a person authorized under section 27 of this act may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 27 of this act may be:

      (a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or

      (b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

      3.  A revocation under subsection 2 is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital or physician or technician knows of the revocation.

      Sec. 29.  1.  An anatomical gift may be made to the following persons named in the document of gift:

 


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      (a) A hospital, accredited medical school, dental school, college, university, organ procurement organization or other appropriate person, for research or education;

      (b) Subject to subsection 2, a natural person designated by the person making the anatomical gift if the natural person is the recipient of the part; or

      (c) An eye bank or tissue bank.

      2.  If an anatomical gift to a natural person under paragraph (b) of subsection 1 is not medically suitable for transplantation into the natural person, the gift, in the absence of an express, contrary indication by the person making the gift:

      (a) If it is medically suitable for transplantation or therapy for other natural persons, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.

      (b) If it is not medically suitable for transplantation or therapy for other natural persons, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      3.  If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection 1 but identifies the purpose for which an anatomical gift may be used, the following rules apply:

      (a) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

      (b) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

      (c) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

      (d) If the part is an organ, an eye or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      4.  For the purpose of subsection 3, if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift, in the absence of an express, contrary indication by the person making the gift:

      (a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with paragraphs (a), (b) and (c) of subsection 3.

      (b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      5.  If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection 1 and does not identify the purpose of the gift, the gift, in the absence of an express, contrary indication by the person making the gift:

      (a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.

 


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      (b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      6.  If a document of gift specifies only a general intent to make an anatomical gift by words such as “donor” or “organ donor” or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:

      (a) If it is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.

      (b) If it is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      7.  If a document of gift specifies only a general intent to make an anatomical gift by words such as “body donor” or by a symbol or statement of similar import, the gift, in the absence of an express, contrary indication by the person making the gift:

      (a) If any part is medically suitable for transplantation or therapy, must be used for transplantation or therapy, and the gift passes in accordance with subsection 8.

      (b) If any part is not medically suitable for transplantation or therapy, may be used for research or education and, if so used, the gift passes to the appropriate procurement, research or educational organization or other appropriate person for research or education.

      8.  For purposes of subsections 2, 5, 6 and 7, if an anatomical gift is medically suitable for transplantation or therapy, the following rules apply:

      (a) If the part is an eye, the gift passes to the appropriate eye bank.

      (b) If the part is tissue, the gift passes to the appropriate tissue bank.

      (c) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

      9.  An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (b) of subsection 1, passes to the organ procurement organization as custodian of the organ.

      10.  If an anatomical gift does not pass pursuant to subsections 1 to 9, inclusive, or the decedent’s body or part is not used for transplantation, therapy, research or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

      11.  A person may not accept an anatomical gift if the person knows that the gift was not effectively made under section 23 or 28 of this act or if the person knows that the decedent made a refusal under section 25 of this act that was not revoked. For purposes of this subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

      12.  Except as otherwise provided in paragraph (b) of subsection 1, nothing in NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act affects the allocation of organs for transplantation or therapy.

      Sec. 30.  1.  The following persons shall make a reasonable search of a natural person who the person reasonably believes is dead or near death for a document of gift or other information identifying the natural person as a donor or as a natural person who made a refusal:

 


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death for a document of gift or other information identifying the natural person as a donor or as a natural person who made a refusal:

      (a) A law enforcement officer, firefighter, paramedic or other emergency rescuer finding the natural person; and

      (b) If no other source of the information is immediately available, a hospital, as soon as practical after the natural person’s arrival at the hospital.

      2.  If a document of gift or a refusal to make an anatomical gift is located by the search required by paragraph (a) of subsection 1 and the natural person or deceased natural person to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

      3.  A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.

      Sec. 31.  1.  A document of gift need not be delivered during the donor’s lifetime to be effective.

      2.  Upon or after a natural person’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the natural person shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the natural person or by a person to which the gift could pass under section 29 of this act.

      Sec. 32.  1.  When a hospital refers a natural person at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the natural person resides to ascertain whether the natural person has made an anatomical gift.

      2.  When a hospital refers a natural person at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the natural person expressed a contrary intent.

      3.  Unless prohibited by law other than NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, at any time after a donor’s death, the person to which a part passes under section 29 of this act may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

      4.  Unless prohibited by law other than NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, an examination under subsection 2 or 3 may include an examination of all medical and dental records of the donor or prospective donor.

      5.  Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

      6.  Upon referral by a hospital under subsection 1, a procurement organization shall make a reasonable search for any person listed in section 27 of this act having priority to make an anatomical gift on behalf of a prospective donor.

 


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section 27 of this act having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

      7.  Subject to subsection 10 of section 29 and section 40 of this act, the rights of the person to which a part passes under section 29 of this act are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under section 29 of this act, upon the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

      8.  Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent’s death may participate in the procedures for removing or transplanting a part from the decedent.

      9.  A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

      10.  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift, if an anatomical gift of a part has been made for the purpose of transplantation or therapy and the part is medically suitable for that purpose, the appropriate procurement organization shall discuss with a person authorized to make an anatomical gift under section 22 of this act the person’s willingness to make an anatomical gift of any other part for the purpose of research or education.

      Sec. 33.  Each hospital in this State shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

      Sec. 34.  1.  A person shall not, in order to obtain a financial gain, intentionally falsify, forge, conceal, deface or obliterate a document of gift, an amendment or revocation of a document of gift or a refusal.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

      Sec. 35.  1.  A person that acts in accordance with NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution or administrative proceeding.

      2.  Neither the person making an anatomical gift nor the donor’s estate is liable for any injury or damage that results from the making or use of the gift.

      3.  In determining whether an anatomical gift has been made, amended or revoked under NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, a person may rely upon representations of a natural person listed in paragraphs (b), (c), (d), (e), (f), (g) or (h) of subsection 1 of section 27 of this act relating to the natural person’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.

 


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      Sec. 36.  1.  A document of gift is valid if executed in accordance with:

      (a) The provisions of NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act;

      (b) The laws of the state or country where it was executed; or

      (c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.

      2.  If a document of gift is valid under this section, the law of this State governs the interpretation of the document of gift.

      3.  A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

      Sec. 37.  1.  A person shall not create or maintain a donor registry unless the donor registry complies with the provisions of NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act and all other applicable provisions of federal and state law.

      2.  A donor registry must:

      (a) Allow a donor or other person authorized under section 22 of this act to include on the donor registry a statement or symbol that the donor has made, amended or revoked an anatomical gift;

      (b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift; and

      (c) Be accessible for purposes of paragraphs (a) and (b) 7 days a week on a 24-hour basis.

      3.  Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended or revoked an anatomical gift.

      4.  This section does not apply to a donor registry that is created to contain records of anatomical gifts and amendments to or revocations of anatomical gifts of only the whole body of a donor for the purpose of research or education.

      Sec. 38.  1.  As used in this section:

      (a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 449.840, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.

      (b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor.

      (c) “Health-care decision” means any decision made regarding the health care of the prospective donor.

      2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

 


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conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

      (a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:

             (1) An agent acting under the declaration or advance health-care directive of the prospective donor; or

             (2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of sections 2 to 41, inclusive, of this act, to make a health-care decision for the prospective donor.

      (b) The conflict must be resolved as expeditiously as practicable.

      (c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under section 22 of this act.

      (d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his life.

      Sec. 39.  1.  A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.

      2.  If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with section 40 of this act, the coroner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.

      3.  A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift or such removal is authorized or required by other law. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift or such delivery is authorized or required by NRS 451.350 to 451.470, inclusive, or other law. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.

      Sec. 40.  1.  Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent’s body or part is medically suitable for transplantation, therapy, research or education, the coroner shall release postmortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the coroner only if relevant to transplantation or therapy.

 


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      2.  The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X rays, other diagnostic results and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.

      3.  A person that has any information requested by a coroner pursuant to subsection 2 shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research or education.

      4.  If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is not required, or the coroner determines that a postmortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research or education.

      5.  If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner or designee initially believes that the recovery of the part could interfere with the postmortem investigation into the decedent’s cause or manner of death, the coroner or designee shall consult with the procurement organization or the physician or technician designated by the procurement organization to remove the part about the proposed recovery. After consultation, the coroner or designee may allow the recovery by the procurement organization to proceed and may attend and witness all procedures before, during and after removal of the part.

      6.  Following the consultation under subsection 5, if the coroner or designee still intends to deny recovery, the coroner or designee, at the request of the procurement organization, shall consult additionally with the physician or technician designated by the procurement organization to remove the part before making a final determination not to allow the procurement organization to recover the part. The additional consultation must be based on the protocols developed pursuant to subsection 10 to resolve conflicts and to maximize the recovery of parts for the purpose of transplantation or therapy, except that the coroner retains the right to deny recovery based on clear need for the postmortem examination, including, without limitation, preservation of the part. After such additional consultation, the coroner or designee may:

      (a) Allow recovery by the procurement organization to proceed and may attend and witness all procedures before, during and after removal of the part; or

      (b) If the coroner or designee reasonably believes that the part may be involved in determining the decedent’s cause or manner of death, deny recovery by the procurement organization.

      7.  If the coroner or designee denies recovery under subsection 6:

      (a) The coroner or designee shall:

             (1) Document in a record the specific reasons for not allowing recovery of the part;

             (2) Include the specific reasons in the records of the coroner; and

 


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             (3) Share such records, including, without limitation, the specific reasons documented by the coroner or designee for not allowing recovery of the part, with the procurement organization in the interest of improving the protocols developed pursuant to subsection 10; and

      (b) The procurement organization shall include in its records the specific reasons documented by the coroner or designee for not allowing recovery of the part.

      8.  If the coroner or designee allows recovery of a part under subsection 4, 5 or 6, the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner, in a timely manner, with a record describing the condition of the part, a biopsy, a photograph and any other information and observations that would assist in the postmortem examination.

      9.  If a coroner or designee elects to attend and witness a removal procedure under subsection 5 or 6, the procurement organization requesting the recovery of the part shall, upon request by the coroner or designee, reimburse the coroner or designee for the additional costs incurred in attending and witnessing the removal procedure.

      10.  For purposes of subsection 6, the coroner and the procurement organization shall develop mutually agreed-upon protocols to resolve conflicts between the coroner and the procurement organization regarding the recovery of parts. The protocols:

      (a) Must focus on maximizing the recovery of parts for the purpose of transplantation or therapy;

      (b) Must allow the coroner the right to deny recovery of a part where recovery of the part could interfere with the postmortem investigation into the decedent’s cause or manner of death; and

      (c) May include, without limitation, requirements and procedures concerning:

             (1) Consultations and cooperation between the coroner or designee and the physician or technician designated by the procurement organization to remove the part;

             (2) The taking of photographs before, during and after removal of the part;

             (3) Video recording the removal procedure; and

             (4) The taking of tissue samples from the part and the conducting of biopsies, testing or other examinations of the part.

      Sec. 41.  NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(a) of that Act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

      Sec. 42.  NRS 451.010 is hereby amended to read as follows:

      451.010  1.  The right to dissect the dead body of a human being is limited to cases:

      (a) Specially provided by statute or by the direction or will of the deceased.

      (b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as he may authorize dissection.

 


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      (c) Where the husband, wife or next of kin charged by law with the duty of burial authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.

      (d) Where authorized by the provisions of NRS 451.350 to 451.470, inclusive.

      (e) Where authorized by the provisions of NRS 451.500 to 451.590, inclusive [.] , and sections 2 to 41, inclusive, of this act.

      2.  Every person who makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, is guilty of a gross misdemeanor.

      Sec. 43.  NRS 451.500 is hereby amended to read as follows:

      451.500  NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act may be cited as the Revised Uniform Anatomical Gift Act.

      Sec. 44.  NRS 451.503 is hereby amended to read as follows:

      451.503  NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act apply to [a document of gift, revocation or refusal to make] an anatomical gift [signed by the donor or a person authorized to make or object to making] or amendment to, revocation of or refusal to make an anatomical gift [before, on or after October 1, 1989.] , whenever made.

      Sec. 45.  NRS 451.505 is hereby amended to read as follows:

      451.505  [NRS 451.500 to 451.590, inclusive,] In applying and construing the Revised Uniform Anatomical Gift Act, consideration must be [applied and construed to effectuate their general purpose to make uniform] given to the need to promote uniformity of the law with respect to [the subject of the Uniform Anatomical Gift Act] its subject matter among states [enacting] that enact it.

      Sec. 46.  NRS 451.510 is hereby amended to read as follows:

      451.510  [Unless the context otherwise requires, as] As used in NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 451.513 to 451.553, inclusive, and sections 2 to 21, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 47.  NRS 451.513 is hereby amended to read as follows:

      451.513  “Anatomical gift” means a donation of all or part of a human body to take effect [upon or after death.] after the donor’s death for the purpose of transplantation, therapy, research or education.

      Sec. 48.  NRS 451.520 is hereby amended to read as follows:

      451.520  “Decedent” means a deceased natural person [and] whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant [or] and, subject to restrictions imposed by law other than NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act, a fetus.

      Sec. 49.  NRS 451.523 is hereby amended to read as follows:

      451.523  “Document of gift” means a donor card [, statement, will] or other [writing] record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card or donor registry.

      Sec. 50.  NRS 451.525 is hereby amended to read as follows:

      451.525  “Donor” means a natural person [who makes] whose body or part is the subject of an anatomical gift . [of all or part of his body.]

 


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      Sec. 51.  NRS 451.530 is hereby amended to read as follows:

      451.530  “Hospital” means a facility licensed [, accredited or approved] as a hospital under the laws of [the State of Nevada] any state or a facility operated as a hospital by the United States [Government, the State] , a state or a subdivision of [the State.] a state.

      Sec. 52.  NRS 451.535 is hereby amended to read as follows:

      451.535  “Part” means an organ, [tissue, eye, bone, artery, blood, fluid or other portion] an eye or any tissue of a human [body.] being. The term does not include the whole body.

      Sec. 53.  NRS 451.540 is hereby amended to read as follows:

      451.540  “Person” [includes a] means a natural person, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government [, a] or governmental subdivision, agency [and a political subdivision of a government.] or instrumentality, or any other legal or commercial entity.

      Sec. 54.  NRS 451.545 is hereby amended to read as follows:

      451.545  “Physician” means a natural person [licensed or otherwise] authorized to practice medicine [and surgery] or osteopathy [and surgery] under the laws of any state.

      Sec. 55.  NRS 451.547 is hereby amended to read as follows:

      451.547  “Procurement organization” means [a person licensed, accredited or approved under the laws of the State of Nevada for procurement, distribution or storage of human bodies or parts.] an eye bank, organ procurement organization or tissue bank.

      Sec. 56.  NRS 451.550 is hereby amended to read as follows:

      451.550  “State” means a state [, territory or possession] of the United States, the District of Columbia , [or the Commonwealth of] Puerto Rico [.] , the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      Sec. 57.  NRS 451.553 is hereby amended to read as follows:

      451.553  “Technician” means a natural person [who, under the supervision of a licensed physician, removes or processes a part.] determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited or regulated under federal or state law. The term includes an enucleator.

      Sec. 58.  NRS 451.590 is hereby amended to read as follows:

      451.590  1.  [A] Except as otherwise provided in subsection 2, a person shall not knowingly, for valuable consideration, purchase or sell a part of a natural person for transplantation or therapy [.

      2.  Valuable consideration does not include reasonable payment] if removal of the part from the natural person is or was intended to occur after the natural person’s death.

      2.  A person may charge a reasonable amount for the removal, processing, [disposal,] preservation, quality control, storage, transportation , [or] implantation or disposal of a part.

      3.  A person who violates this section is guilty of a category [D] C felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000, or by both fine and the punishment provided in NRS 193.130.

      Sec. 59.  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.

 


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ê2007 Statutes of Nevada, Page 796 (Chapter 232, SB 169)ê

 

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, and sections 2 to 41, inclusive, of this act 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.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the [organ] donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with [an organization which registers as donors persons who desire to make anatomical gifts.] a donor registry that is in compliance with the provisions of NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act.

      (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 to NRS 483.3485, 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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ê2007 Statutes of Nevada, Page 797 (Chapter 232, SB 169)ê

 

      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 [organ] donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 5 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. 60.  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, and sections 2 to 41, inclusive, of this act 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.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the [organ] donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with [an organization which registers as donors persons who desire to make anatomical gifts.] a donor registry that is in compliance with the provisions of NRS 451.500 to 451.590, inclusive, and sections 2 to 41, inclusive, of this act.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.863, 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 [organ] donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 5 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.

 


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ê2007 Statutes of Nevada, Page 798 (Chapter 232, SB 169)ê

 

of subsection 5 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. 61.  NRS 451.527, 451.555, 451.557, 451.560, 451.570, 451.573, 451.576, 451.577, 451.580, 451.582, 451.583 and 451.585 are hereby repealed.

________

 

CHAPTER 233, SB 315

Senate Bill No. 315–Committee on Transportation and Homeland Security

 

CHAPTER 233

 

AN ACT relating to motor vehicles; imposing certain conditions on certain organizations before a special license plate may be designed, prepared and issued; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes a person to request the Department of Motor Vehicles to design, prepare and issue a special license plate by submitting an application to the Department. (NRS 482.367002) This bill provides that a person may only submit an application for a special license plate that is intended to generate support for a nonprofit charitable organization or a governmental entity if the organization or entity only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare and certain criteria are met.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

      (a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

      (b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

      (c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

 


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ê2007 Statutes of Nevada, Page 799 (Chapter 233, SB 315)ê

 

      (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

      (e) The organization is nondiscriminatory; and

      (f) The license plate will not promote a specific religion, faith or antireligious belief.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

      (b) Must be accompanied by a petition containing the signatures of at least 1,000 persons who wish to obtain the special license plate;

      (c) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so, the name of the cause or charitable organization; [and]

      (d) Must include proof that the organization satisfies the requirements set forth in subsection 1; and

      (e) May be accompanied by suggestions for the design of and colors to be used in the special license plate.

      3.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates approves the application for that plate pursuant to subsection 5 of NRS 482.367004.

      4.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has approved for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection 8 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      5.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 2.  The provisions of this act do not apply to any special license plate which was approved by the Commission on Special License Plates or authorized by the Legislature before the effective date of this act.

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

________

 


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ê2007 Statutes of Nevada, Page 800ê

 

CHAPTER 234, SB 400

Senate Bill No. 400–Senators Cegavske, Beers, Hardy and Washington

 

CHAPTER 234

 

AN ACT relating to education; establishing the Program of School Choice for Children in Foster Care to be administered by the Department of Education; authorizing the legal guardians or custodians of certain children who are in foster care to apply to the Department to participate in the Program; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law establishes the system of public education in this State. (Title 34 of NRS) Sections 2-20 of this bill establish the Program of School Choice for Children in Foster Care for certain pupils who are in foster care, to be administered by the Department of Education. The legal guardian or custodian of a child who is in foster care may apply to participate in the Program and enroll in a public school other than the public school which the child is zoned to attend. A child who participates in the Program is included in the count of pupils in the school district in which the child attends school for purposes of apportionments and allowances from the State Distributive School Account.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Custodian” has the meaning ascribed to it in NRS 432B.060.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  “Foster home” has the meaning ascribed to it in NRS 424.014.

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8.  “Program” means the Program of School Choice for Children in Foster Care established pursuant to section 9 of this act.

      Sec. 9.  1.  There is hereby established the Program of School Choice for Children in Foster Care, to be administered by the Department.

      2.  The State Board shall adopt regulations:

      (a) Prescribing the process for the submission of an application by a legal guardian or custodian of a child, as applicable, to participate in the Program; and

      (b) As are necessary to carry out the provisions of this chapter.

      3.  The Department shall provide information to the general public concerning the Program.

      Secs. 10-13.  (Deleted by amendment.)

      Sec. 14.  1.  The legal guardian or custodian of a child may submit to the Department an application to participate in the Program if:

 


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ê2007 Statutes of Nevada, Page 801 (Chapter 234, SB 400)ê

 

      (a) The child has been placed in a foster home; and

      (b) The child is enrolled in a public school or is not enrolled in a school because he has not attained the age required for enrollment.

      2.  A legal guardian or custodian of a child, as applicable:

      (a) Must include in the application the name of the public school in which the child is enrolled, if applicable, and the name of the school in which the legal guardian or custodian of the child wishes to enroll the child. The public school in which the child wishes to enroll does not have to be located in the school district in which the child resides.

      (b) May include in the application a statement describing the reason for requesting that the child participate in the Program.

      3.  Upon receipt of an application pursuant to subsection 1, the Department shall notify the school district in which the child resides and the school district in which the child wishes to enroll, if applicable, that an application to participate in the Program has been submitted on behalf of the child.

      4.  The Department shall approve an application if the application satisfies the requirements of subsections 1 and 2.

      5.  Upon approval of an application, the Department shall provide a written statement of approval to the legal guardian or custodian of the child, as applicable, and the public school in which the child will be enrolled. Upon denial of an application, the Department shall provide a written statement of denial to the legal guardian or custodian of the child indicating the reason for the denial.

      6.  In determining whether to accept or deny an application submitted pursuant to subsection 1, the Department, in coordination with the board of trustees of the school district in which the child resides and the board of trustees of the school district in which the child wishes to attend school, if applicable, shall consider the best interests of the child in continuing the child’s education in the public school in which the child was enrolled before he was placed in a foster home or in transferring to another public school within this State. Every effort must be made to enroll the child in the public school requested by the legal guardian or custodian of the child pursuant to subsection 2.

      7.  Neither the board of trustees of the school district in which the child resides nor the board of trustees in which the child attends school, if applicable, is required to provide transportation for the child to attend a public school which the child is not zoned to attend.

      Sec. 15.  1.  A child may continue to participate in the Program, even if the child is no longer placed in a foster home, if the child is enrolled in good standing in the public school in which the child is enrolled pursuant to the Program and until the child:

      (a) Attains 21 years of age; or

      (b) Graduates from high school,

Ê whichever occurs first.

      2.  The parent, legal guardian or custodian of a child, as applicable, who participates in the Program may:

      (a) In the manner required by the Department, request a transfer of the child to another public school.

      (b) Withdraw his child from participation in the Program at any time upon written notice to the Department.

 


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ê2007 Statutes of Nevada, Page 802 (Chapter 234, SB 400)ê

 

      3.  If a child withdraws from the Program, he must be allowed to enroll in the public school that he is otherwise zoned to attend.

      Sec. 16.  If more children who participate in the Program apply for enrollment in a public school than the number of spaces which are available at that school, the Department shall determine which applicants to enroll at random on the basis of a lottery system.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  If a child participates in the Program, the child must be included in the count of pupils in the school district in which the child attends school for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  1.  The Department may enter into a contract with one or more qualified, independent consultants to conduct an evaluation of the Program established pursuant to this chapter.

      2.  If an evaluation is conducted pursuant to subsection 1, the evaluation must include:

      (a) The level of satisfaction reported by the children who participate in the Program;

      (b) The level of satisfaction reported by the parents, legal guardians or custodians of the children who participate in the Program;

      (c) The effectiveness of the Program, including, without limitation, a determination whether the academic achievement of children who participate in the Program has improved; and

      (d) Any other items deemed necessary by the Department.

      3.  If an evaluation is conducted pursuant to this section, the Department:

      (a) Shall submit a copy of the final written report of the evaluation to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) May receive and accept gifts and grants from any source to pay the costs associated with the evaluation.

      Secs. 21-33.  (Deleted by amendment.)

      Sec. 33.5.  NRS 388.040 is hereby amended to read as follows:

      388.040  1.  Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils must attend each school.

      2.  The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a:

      (a) Charter school;

      (b) University school for profoundly gifted pupils; [or]

      (c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is enrolled in the Program of School Choice for Children in Foster Care established pursuant to section 9 of this act; or

      (d) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.

 


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ê2007 Statutes of Nevada, Page 803 (Chapter 234, SB 400)ê

 

      Sec. 34.  (Deleted by amendment.)

      Sec. 34.5.  NRS 392.010 is hereby amended to read as follows:

      392.010  Except as to the attendance of a pupil pursuant to NRS 388.820 to 388.874, inclusive, or 392.015, or section 14 of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675 and except as otherwise provided in NRS 392.264 and 392.268:

      1.  The board of trustees of any school district may, with the approval of the Superintendent of Public Instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this State or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this State or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  With the approval of the Superintendent of Public Instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the State; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

      3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

      Secs. 35-40.  (Deleted by amendment.)

      Sec. 41.  On or before January 1, 2008, the State Board of Education shall adopt the regulations required by section 9 of this act. The State Board shall ensure that the regulations carry out the Program of School Choice for Children in Foster Care in accordance with sections 2 to 20, inclusive, of this act beginning with the 2008-2009 school year.

      Sec. 42.  (Deleted by amendment.)

      Sec. 43.  1.  This section and sections 1, 9 and 41 of this act become effective on July 1, 2007.

      2.  Sections 2 to 8, inclusive, 10 to 40, inclusive, and 42 of this act become effective on July 1, 2008.

________

 


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ê2007 Statutes of Nevada, Page 804ê

 

CHAPTER 235, SB 481

Senate Bill No. 481–Committee on Transportation and Homeland Security

 

CHAPTER 235

 

AN ACT relating to motor vehicles; providing that the Legislature pledges to have special license plates approved by the Commission on Special License Plates; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill amends the duties of the Commission on Special License Plates to require the Commission to approve or disapprove applications for special license plates authorized by an act of the Legislature. (NRS 482.367004)

      Existing law provides certain requirements for the design, preparation and issuance of special license plates authorized by an act of the Legislature after a certain date. (NRS 482.36705) Section 2 of this bill provides that the Legislature pledges that if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department of Motor Vehicles unless the Commission approves the application for the authorized plate.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or his designee.

             (2) The Director of the Department of Public Safety, or his designee.

             (3) The Director of the Department of Cultural Affairs, or his designee.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

 


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ê2007 Statutes of Nevada, Page 805 (Chapter 235, SB 481)ê

 

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002; [and]

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002 [.] ; and

      (c) Applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.

      Sec. 2.  NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  If a new special license plate is authorized by an act of the Legislature after January 1, 2003, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      2.  In addition to the requirements set forth in subsection 1, if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      3.  In addition to the requirements set forth in subsections 1 and 2, if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.

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

________

 


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ê2007 Statutes of Nevada, Page 806ê

 

CHAPTER 236, SB 477

Senate Bill No. 477–Committee on Commerce and Labor

 

CHAPTER 236

 

AN ACT relating to time shares; providing for the issuance of a provisional sales agent’s license by the Real Estate Division of the Department of Business and Industry; setting forth limitations governing such a license; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Pursuant to existing law it is unlawful for a person to sell or offer to sell a time share without first obtaining a sales agent’s license from the Real Estate Division of the Department of Business and Industry. (NRS 119A.050, 119A.130, 119A.680) The Real Estate Administrator will issue a sales agent’s license to an applicant who submits an application to the Division, in the manner provided by the Division. (NRS 119A.020, 119A.210)

      Section 2 of this bill requires the Division to grant a provisional sales agent’s license to an applicant upon verifying the applicant’s complete submission of certain items to the Division. Pursuant to the conditions of the provisional sales agent’s license, an applicant may only conduct certain sales-related activities and may do so only under the employment of his specified project broker. Section 3 of this bill sets forth conditions upon which a provisional sales agent’s license will expire. This section also provides for the termination of an applicant’s employment with his project broker and the resubmission of an application if an applicant wishes to work for a new project broker. Finally, this section authorizes a hearing for the applicant if his application is denied. Section 4 of this bill sets forth certain restrictions, conditions and limitations on the activities of a provisional sales agent. This section also sets forth requirements concerning the supervision and commissions of a provisional sales agent. Section 4.5 of this bill provides for a fee for changing the status of a provisional license to a license.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The Division shall issue a provisional sales agent’s license for an applicant who submits:

      (a) A complete application for a sales agent’s license in compliance with NRS 119A.210 and applicable regulations;

      (b) A written statement of acknowledgment from the project broker who will employ the applicant that:

             (1) The project broker has obtained a report on the background of the applicant from a licensed private investigator or other reputable source acceptable to the Division;

             (2) The project broker is satisfied that the applicant has a reputation for honesty, trustworthiness and competence; and

             (3) There is a written agreement between the project broker and the applicant in which the applicant states that he understands and agrees that his employment in a position as a provisional sales agent will be terminated if the Division denies his application for a sales agent’s license; and

 


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ê2007 Statutes of Nevada, Page 807 (Chapter 236, SB 477)ê

 

      (c) A copy of the report described in subparagraph (1) of paragraph (b), which must demonstrate that the applicant has not been convicted of, or pleaded guilty or nolo contendere to, any crime that would be grounds for the Division to deny the application for a sales agent’s license pursuant to this chapter or any regulations adopted pursuant thereto.

      2.  The Division shall issue a provisional license to the project broker for an applicant upon verifying the applicant’s complete submission of all the required items set forth in subsection 1.

      Sec. 3.  1.  A provisional license issued to an applicant by the Division will expire automatically:

      (a) If the Division denies the applicant’s application;

      (b) Upon the issuance of a sales agent’s license to the project broker for the applicant;

      (c) If the Division denies the applicant an identification card or permit of any kind;

      (d) If the applicant terminates employment with the project broker who provided the written statement of acknowledgment identified in section 2 of this act; or

      (e) If the applicant’s check for the fee for the application of an original license is returned for insufficient funds.

      2.  An applicant may not work for a new project broker without resubmitting a complete application for a sales agent’s license in compliance with NRS 119A.210 and section 2 of this act and applicable regulations.

      3.  Except as otherwise provided in this section, a provisional license expires 1 year after its date of issuance and may not be renewed.

      4.  Within 10 days after an applicant’s employment is terminated, the project broker shall notify the Division of the termination and return the provisional license to the Division.

      5.  If the Division denies the application for a sales agent’s license, the applicant:

      (a) May request a hearing to contest the denial of the application pursuant to this chapter and any regulations adopted pursuant thereto; and

      (b) Shall not work as a provisional sales agent or in any other position that requires a provisional license while the decision on the appeal requested pursuant to paragraph (a) is pending.

      Sec. 4.  1.  A provisional licensee shall not:

      (a) Conduct sales-related activities unless he is:

             (1) Under the supervision of:

                   (I) His project broker; or

                   (II) A cooperating real estate broker designated by the project broker in accordance with the provisions of this chapter and any regulations adopted pursuant thereto.

             (2) At the principal place of business or a branch office of the project broker, or at the physical location of a time-share development.

      (b) Collect personal information from a prospective purchaser or purchaser of a time share.

      2.  A project broker shall not grant to a provisional licensee:

      (a) Access to a time-share lockbox; or

      (b) The ability to enter a private residence or a time-share unit that an unlicensed person otherwise would not have.

 


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ê2007 Statutes of Nevada, Page 808 (Chapter 236, SB 477)ê

 

      3.  A project broker or a cooperating real estate broker designated by the project broker in accordance with the provisions of this chapter and any regulations adopted pursuant thereto shall:

      (a) Supervise the provisional licensee employed by the project broker; and

      (b) Review and approve in writing any contract prepared by the provisional licensee that relates to the sale of a time share.

      4.  A provisional licensee may receive a commission for the sale of a time share in which the provisional licensee is involved.

      5.  As used in this section:

      (a) “Personal information” has the meaning ascribed to it in NRS 603A.040.

      (b) “Provisional licensee” means an applicant who receives a provisional sales agent’s license from the Division pursuant to section 2 of this act.

      Sec. 4.5.  NRS 119A.360 is hereby amended to read as follows:

      119A.360  1.  The Division shall collect the following fees at such times and upon such conditions as it may provide by regulation:

 

For each application for the registration of a representative........................................... $85

For each renewal of the registration of a representative..................................................... 85

For each transfer of the registration of a representative to a different developer.......... 20

For each penalty for a late renewal of the registration of a representative..................... 40

For each preliminary permit to sell time shares.................................................................. 275

For each permit to sell time shares, per subdivision........................................................... 500

For each amendment to a public offering statement after the issuance of the report 150

For each renewal of a permit to sell time shares................................................................ 500

For each original and annual registration of a manager..................................................... 75

For each application for an original license as a sales agent........................................... 175

For each renewal of a license as a sales agent.................................................................... 175

For each penalty for a late renewal of a license as a sales agent...................................... 75

For each change of name or address of a licensee or status of a license........................ 20

For each duplicate license, permit or registration where the original is lost or destroyed, and an affidavit is made thereof...................................................................................... 20

For each annual approval of a course of instruction offered in preparation for an original license or permit.................................................................................................. 100

For each original accreditation of a course of continuing education............................. 100

For each renewal of accreditation of a course of continuing education.......................... 50

 

      2.  Each developer shall pay an additional fee for each time share he sells in a time-share plan over 50 pursuant to the following schedule:

 


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ê2007 Statutes of Nevada, Page 809 (Chapter 236, SB 477)ê

 

                                                                                                                                                                                       Amount to be

      Number of time shares                                                                                                                              paid per time share

 

                51—250..................................................................................................................................................................... $5.00

              251—500....................................................................................................................................................................... 4.00

              501—750....................................................................................................................................................................... 3.00

           751—1500....................................................................................................................................................................... 2.50

              over 1500....................................................................................................................................................................... 1.00

 

      3.  Except for the fees relating to the registration of a representative, the Administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.

      4.  The Division shall adopt regulations which establish the fees to be charged and collected by the Division to pay the costs of:

      (a) Any examination for a license, including any costs which are necessary for the administration of such an examination.

      (b) Any investigation of a person’s background.

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

________

 

CHAPTER 237, SB 453

Senate Bill No. 453–Committee on Finance

 

CHAPTER 237

 

AN ACT relating to problem gambling; revising the provisions relating to the membership and duties of the Advisory Committee on Problem Gambling; revising the provisions relating to the use of money in the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law creates the Advisory Committee on Problem Gambling and provides that its membership consists of nine members appointed by the Governor, including one member who holds a restricted gaming license and two members who hold nonrestricted gaming licenses. (NRS 458A.060) Section 1 of this bill allows the members who hold restricted or nonrestricted gaming licenses to appoint alternate members to act in their place if they are unable to attend meetings or perform their duties.

      Under existing law, the Advisory Committee on Problem Gambling is required to: (1) review requests received by the Department of Health and Human Services for a grant of money or a contract for services to provide programs for the prevention and treatment of problem gambling; (2) recommend to the Director of the Department each request that the Advisory Committee believes should be awarded; (3) establish criteria for determining whom to recommend for grants of money or contracts for services; (4) monitor each grant of money awarded; and (5) assist the Department in determining the needs of local communities and in establishing priorities for funding programs for the prevention and treatment of problem gambling. (NRS 458A.070, 458A.080) Existing law also establishes the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling and provides that, other than the costs of administration, the money in the Account must be used only to award grants of money or contracts for services to provide programs for the prevention and treatment of problem gambling.

 


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ê2007 Statutes of Nevada, Page 810 (Chapter 237, SB 453)ê

 

for the Prevention and Treatment of Problem Gambling and provides that, other than the costs of administration, the money in the Account must be used only to award grants of money or contracts for services to provide programs for the prevention and treatment of problem gambling. (NRS 458A.090)

      Sections 2-4 of this bill expand the scope of the duties that the Advisory Committee currently performs to include not only reviewing, considering, monitoring and making recommendations regarding programs for the prevention and treatment of problem gambling, but also reviewing, considering, monitoring and making recommendations regarding services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. Section 4 also authorizes the expenditure of money in the Account for such services. Additionally, section 4 increases the percentage of money in the Account that the Director may use for administration of the Account from 1 percent to 10 percent. (NRS 458A.090)

      Sections 5 and 6 of this bill repeal the prospective expiration of the provision which currently requires the Nevada Gaming Commission to deposit in the Account $2 for each slot machine subject to licensing fees and provide that the Commission will continue to deposit that amount indefinitely. (NRS 463.320; chapter 394, Statutes of Nevada 2005, p. 1532)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 458A.060 is hereby amended to read as follows:

      458A.060  1.  The Advisory Committee on Problem Gambling, consisting of nine regular members, is hereby created within the Department.

      2.  The Governor shall appoint the following regular members to the Advisory Committee:

      (a) One regular member who holds a restricted gaming license;

      (b) Two regular members who hold nonrestricted gaming licenses;

      (c) Two regular members who work in the area of mental health, at least one of whom has experience in the treatment of persons who are problem gamblers;

      (d) One regular member who represents the Nevada System of Higher Education and has experience in the prevention or treatment of problem gambling;

      (e) One regular member who represents an organization for veterans; and

      (f) Two regular members who represent organizations that provide assistance to persons who are problem gamblers.

      3.  Each regular member appointed pursuant to paragraph (a) or (b) of subsection 2 may appoint an alternate member to serve in his place if he is unable to attend a meeting or perform his duties.

      4.  After the initial terms, each regular member of the Advisory Committee serves for a term of 2 years. Each regular member of the Advisory Committee continues in office until his successor is appointed.

      [4.] Each alternate member appointed pursuant to subsection 3 serves during the term of the regular member who appointed him and may be reappointed.

      5.  The regular members and alternate members of the Advisory Committee serve without compensation, except that [each member is] the regular members and alternate members are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

 


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ê2007 Statutes of Nevada, Page 811 (Chapter 237, SB 453)ê

 

allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

      [5.] 6.  A majority of the [members] total membership of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any action taken by the Advisory Committee.

      [6.] 7.  A regular member of the Advisory Committee who is an officer or employee of the State or a political subdivision of the State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of the State shall not require an officer or employee who is a regular member of the Advisory Committee to:

      (a) Make up the time he is absent from work to carry out his duties as a regular member of the Advisory Committee; or

      (b) Take annual leave or compensatory time for the absence.

      [7.] 8.  The Advisory Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chairman from among its regular members;

      (b) Meet at the call of the Director, the Chairman or a majority of its regular members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and

      (c) Adopt rules for its management and government.

      Sec. 2.  NRS 458A.070 is hereby amended to read as follows:

      458A.070  The Advisory Committee shall:

      1.  Review each request received by the Department from a state agency or other political subdivision of the State or from an organization or educational institution for a grant of money or a contract for services to provide programs for the prevention and treatment of problem gambling [;] or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance;

      2.  Recommend to the Director each request received pursuant to subsection 1 that the Advisory Committee believes should be awarded;

      3.  Establish criteria for determining which state agencies and other political subdivisions of the State and organizations and educational institutions to recommend for grants of money or contracts for services pursuant to subsection 2;

      4.  Monitor each grant of money awarded by the Department [for] to provide programs for the prevention and treatment of problem gambling [;] or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance; and

      5.  Assist the Department in determining the needs of local communities and in establishing priorities for funding programs for the prevention and treatment of problem gambling [.] and funding services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.

      Sec. 3.  NRS 458A.080 is hereby amended to read as follows:

      458A.080  The Chairman of the Advisory Committee may appoint groups consisting of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have appropriate experience or knowledge to:

 


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ê2007 Statutes of Nevada, Page 812 (Chapter 237, SB 453)ê

 

      1.  Consider specific problems or other matters that are related to and within the scope of activities of the Advisory Committee; and

      2.  Review requests for grants of money or contracts for services related to specific programs for the prevention and treatment of problem gambling [.] or services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.

      Sec. 4.  NRS 458A.090 is hereby amended to read as follows:

      458A.090  1.  The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.

      2.  Except as otherwise provided in this subsection, the money in the Account must be expended only to award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling [.] or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. The Director may use not more than [1] 10 percent of the money in the Account to administer the Account.

      3.  The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.

      4.  On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau a written report concerning any grants of money or contracts for services awarded pursuant to this section during the previous year.

      Sec. 5.  NRS 463.320 is hereby amended to read as follows:

      463.320  1.  All gaming license fees imposed by the provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed of as provided in this section.

      2.  All state gaming license fees and penalties must be collected by the Commission and paid over immediately to the State Treasurer to be disposed of as follows:

      (a) Except as otherwise provided in paragraphs (c), (d) and (e), all state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the State General Fund.

      (b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution, the percentage so apportioned and allocated must be converted to a dollar figure and included in the city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly, upon receipt of the money from the State, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.

 


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ê2007 Statutes of Nevada, Page 813 (Chapter 237, SB 453)ê

 

treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.

      (c) One twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds $134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and transmitted to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

      (d) Ten percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

      (e) The Commission shall deposit quarterly in the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090 [:

             (1) For the Fiscal Year 2005-2006, an amount equal to $1 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission; and

             (2) For the Fiscal Year 2006-2007,] an amount equal to $2 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission.

      Sec. 6.  Section 16 of chapter 394, Statutes of Nevada 2005, at page 1532, is hereby amended to read as follows:

       Sec. 16.  [1.]  This act becomes effective on July 1, 2005.

       [2.  Section 14 of this act expires by limitation on June 30, 2007.]

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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

ê2007 Statutes of Nevada, Page 814ê

 

CHAPTER 238, SB 447

Senate Bill No. 447–Committee on Government Affairs

 

CHAPTER 238

 

AN ACT relating to the Charter of Carson City; increasing the number of persons employed in the Office of the Sheriff of Carson City who are exempt from the Merit Personnel System; providing that in a vacancy in the Office of Mayor that the Mayor Pro Tempore shall serve as Mayor until the next general election; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires the Board of Supervisors of Carson City to establish a Merit Personnel System. Currently, five employees in the Office of the Sheriff are exempt from the System. (Carson City Charter § 2.330) Section 2 of this bill increases that number to six.

      Existing law provides that the Board of Supervisors shall elect one of its members to serve as Mayor Pro Tempore. (Carson City Charter § 3.015) Section 3 of this bill provides that if the Office of Mayor becomes vacant, the Mayor Pro Tempore shall serve as Mayor until the next general election.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Section 2.330 of the Charter of Carson City, being chapter 690, Statutes of Nevada 1979, at page 1857, is hereby amended to read as follows:

       Sec. 2.330  Employees: Merit Personnel System.

       1.  The Board of Supervisors shall establish a Merit Personnel System for all employees of Carson City except those exempted under the provisions of subsection 4.

       2.  The Board of Supervisors shall administer this section through the adoption of appropriate regulations which shall provide for:

       (a) The classification of all positions, not exempt from the Merit Personnel System, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.

       (b) A pay plan for all employees, including exempt employees other than elected officers that are covered in NRS 245.043.

       (c) Policies and procedures for regulating reduction in force and the removal of employees.

       (d) Hours of work, attendance regulations and provisions for sick and vacation leave.

       (e) Policies and procedures governing persons holding temporary or provisional appointments.

       (f) Policies and procedures governing relationships with employees and employee organizations.

 


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ê2007 Statutes of Nevada, Page 815 (Chapter 238, SB 447)ê

 

       (g) Policies concerning employee training and development.

       (h) Grievance procedures.

       (i) Other policies and procedures necessary for the administration of a Merit Personnel System.

       3.  In the event of a conflict between the policies and procedures adopted pursuant to this section and the provisions of a collective bargaining agreement entered into pursuant to chapter 288 of NRS, the provisions of the agreement prevail.

       4.  There are exempted from the provisions of this section:

       (a) The Manager and all department heads, elected or appointed;

       (b) All deputy district attorneys;

       (c) Not more than [five supervisory deputy sheriffs;] six employees in the Office of the Sheriff, as designated by the Sheriff; and

       (d) [No] Not more than two deputies each in the offices of the Clerk, the Treasurer, the Recorder, the Assessor, and any other department created by this Charter or by ordinance.

      Sec. 3.  Section 3.015 of the Charter of Carson City, being chapter 690, Statutes of Nevada 1979, as amended by chapter 58, Statutes of Nevada 1981, at page 150, is hereby amended to read as follows:

       Sec. 3.015  Mayor Pro Tempore: Selection; duties.  The Board shall elect one of its members, for such term as the Board determines, to be Mayor Pro Tempore. He shall:

       1.  Hold the office and title at all times during the term for which he was elected without additional compensation.

       2.  Perform the duties of Mayor during the absence or disability of the Mayor.

       3.  Act as Mayor until the next general election if the Office of Mayor becomes vacant.

      Sec. 4.  Section 3.060 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 341, Statutes of Nevada 1999, at page 1410, is hereby amended to read as follows:

       Sec. 3.060  Sheriff: Duties; salary.

       1.  The provisions of chapter 248 of NRS apply to the Office of Sheriff, except that all deputy sheriffs except [the five] any deputy sheriff who is one of the six employees designated by the Sheriff as described in section 2.330 must be appointed pursuant to and are governed by the regulations for the Merit Personnel System.

       2.  The Sheriff shall:

       (a) Diligently enforce all ordinances of Carson City.

       (b) Perform such other duties as may be required by:

             (1) The Board; or

             (2) The provisions of Nevada Revised Statutes,

Ê which apply to county sheriffs.

       3.  The Sheriff is not answerable upon his official bond for the conduct of deputies appointed pursuant to the provisions of this Charter, but the Board may require of such deputies such bonds as it may deem proper.

 


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ê2007 Statutes of Nevada, Page 816 (Chapter 238, SB 447)ê

 

       4.  The Sheriff is entitled to an annual salary in the amount specified in NRS 245.043. The Sheriff shall not engage in any other business or occupation that creates a conflict of interest between his personal interest in the business or occupation and his official duties.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 239, SB 451

Senate Bill No. 451–Committee on Transportation and Homeland Security

 

CHAPTER 239

 

AN ACT relating to motor vehicles; requiring the preparation and filing of certain reports by certain charitable organizations in connection with certain special license plates; requiring the Commission on Special License Plates to consider applications for special license plates in chronological order; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 6 of this bill provides that a charitable organization receiving revenue from the issuance of a special license plate, not including a governmental entity whose budget is included in the executive budget, must prepare a balance sheet each fiscal year for submission of a report to the Legislative Auditor. Section 7 of this bill requires the Legislative Auditor to prepare a report for submission to the Commission on Special License Plates based on the financial information provided in the balance sheet applicable to each charitable organization. Section 8 of this bill requires that if the Commission determines that a charitable organization has not filed a balance sheet as required, has engaged in improper financial practices, or has failed to use adequate methods and procedures to ensure that additional fees imposed in connection with the issuance or renewal of a special license plate are expended only for the benefit of the intended recipient, the Commission must notify the charitable organization and hold a public hearing for the charitable organization to respond to the determination. If, after the hearing, the Commission upholds the determination that the charitable organization has violated the provisions requiring the submission of a balance sheet, has engaged in improper financial practices, or has failed to use adequate methods and procedures to ensure that additional fees imposed in connection with the issuance or renewal of a special license plate are expended only for the benefit of the intended recipient, the Commission may require the Department of Motor Vehicles to withhold additional fees and suspend production of the charitable organization’s license plate.

      Section 9 of this bill provides that the Commission must consider applications for special license plates in the order in which the applications were received.

      Sections 10-17 of this bill amend existing provisions authorizing the issuance of certain special license plates for certain charitable organizations to provide that the Department may not issue license plates for certain charitable organizations if those charitable organizations have committed certain acts or omissions. (NRS 482.37917, 482.379175, 482.37918, 482.379185, 482.37934, 482.379355, 482.37938, 482.3824)

 


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

ê2007 Statutes of Nevada, Page 817 (Chapter 239, SB 451)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      Sec. 4.  “Charitable organization” has the meaning ascribed to it in subsection 2 of NRS 482.3824.

      Sec. 4.5.  “Intended recipient” means the particular cause, fund or charitable organization for the benefit of which additional fees are imposed. In the case of special license plates:

      1.  Authorized by enactment of the Legislature, the term means the particular cause, fund or charitable organization identified in statute as the required recipient of additional fees.

      2.  Authorized pursuant to the system of application and petition described in NRS 482.367002, the term means the particular cause, fund or charitable organization identified as the intended recipient of additional fees, as described in the application that was submitted for those special license plates pursuant to paragraph (c) of subsection 2 of that section.

      Sec. 5.  “Special license plate” has the meaning ascribed to it in subsection 1 of NRS 482.367008.

      Sec. 6.  1.  Each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall, for each fiscal year, prepare a balance sheet for that fiscal year on a form provided by the Commission on Special License Plates. Each such charitable organization shall file the balance sheet, accompanied by a recent bank statement, with the Commission on or before September 1 following the end of that fiscal year. The Commission shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.

      2.  The Legislative Auditor shall prescribe:

      (a) The form and content of the balance sheets required to be filed pursuant to subsection 1; and

      (b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.

      3.  The Commission shall provide to the Legislative Auditor a copy of each balance sheet and bank statement that it receives from a charitable organization pursuant to this section.

      Sec. 7.  1.  On or before September 30 following the end of each fiscal year, the Legislative Auditor shall present to the Commission on Special License Plates a final written report with respect to the charitable organizations for which the Commission provided to him a balance sheet pursuant to subsection 3 of section 6 of this act.

 


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ê2007 Statutes of Nevada, Page 818 (Chapter 239, SB 451)ê

 

organizations for which the Commission provided to him a balance sheet pursuant to subsection 3 of section 6 of this act.

      2.  The final written report must be distributed to each member of the Commission before the report is presented to the Commission.

      3.  Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report may include, without limitation:

      (a) Evidence regarding the inadequacy of any forms or records filed by the charitable organization with the Commission;

      (b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;

      (c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and

      (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.

      Sec. 8.  1.  If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of section 6 of this act or if, in a report provided to the Commission by the Legislative Auditor pursuant to section 7 of this act, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission forms or records that are inadequate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

      2.  A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

      3.  The Commission shall issue a decision, immediately after the hearing, on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision of the Commission pursuant to this subsection is a final decision for purposes of judicial review.

      4.  If the Commission upholds its own determination that a charitable organization has failed to comply with one or more of the provisions of section 6 of this act or upholds the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission forms or records that are inadequate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission may require that the Department:

      (a) Suspend the collection of all additional fees collected on behalf of the charitable organization; and

 


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ê2007 Statutes of Nevada, Page 819 (Chapter 239, SB 451)ê

 

      (b) Suspend production of the particular design of special license plates from which the charitable organization receives additional fees, if the Department is still producing that design.

      Sec. 9.  NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or his designee.

             (2) The Director of the Department of Public Safety, or his designee.

             (3) The Director of the Department of Cultural Affairs, or his designee.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002; and

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.

      Sec. 10.  NRS 482.37917 is hereby amended to read as follows:

      482.37917  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with the State Department of Agriculture and the Nevada Future Farmers of America Foundation or its successor, shall design, prepare and issue license plates which indicate support for the promotion of agriculture within this State, including, without limitation, support for the programs and activities of the Future Farmers of America or its successor within this State, using any colors that the Department deems appropriate.

 


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

ê2007 Statutes of Nevada, Page 820 (Chapter 239, SB 451)ê

 

including, without limitation, support for the programs and activities of the Future Farmers of America or its successor within this State, using any colors that the Department deems appropriate. The design of the license plates must include the phrase “People Grow Things Here!” and an identifying symbol furnished by the Nevada Future Farmers of America Foundation or its successor. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates which indicate support for the promotion of agriculture within this State, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the promotion of agriculture within this State if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the promotion of agriculture within this State pursuant to subsections 3 and 4.

      3.  The fee for license plates which indicate support for the promotion of agriculture within this State is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates which indicate support for the promotion of agriculture within this State must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in accordance with subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section in the following manner:

      (a) Remit one-half of the fees to the Nevada Future Farmers of America Foundation or its successor for the support of programs and activities of the Future Farmers of America or its successor within this State.

      (b) Deposit one-half of the fees for credit to the Account for License Plates for the Promotion of Agriculture within this State created pursuant to NRS 561.411.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

 


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

ê2007 Statutes of Nevada, Page 821 (Chapter 239, SB 451)ê

 

      Sec. 11.  NRS 482.379175 is hereby amended to read as follows:

      482.379175  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department shall design, prepare and issue license plates for the appreciation of animals, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the appreciation of animals, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the appreciation of animals if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the appreciation of animals pursuant to subsections 3 and 4.

      3.  The fee for license plates for the appreciation of animals is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the appreciation of animals must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed in the manner prescribed in subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute to each county the fees collected for the preceding quarter for license plates for vehicles registered in that county. The money may be used by the county only:

      (a) For programs that are approved by the board of county commissioners for the adoption of animals and for the spaying and neutering of animals.

      (b) To make grants to nonprofit organizations to carry out the programs described in paragraph (a).

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 12.  NRS 482.37918 is hereby amended to read as follows:

      482.37918  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with the Nevada Test Site Historical Foundation or its successor, shall design, prepare and issue license plates for the support of the preservation of the history of atomic testing in Nevada, using any colors and designs that the Department deems appropriate.

 


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

ê2007 Statutes of Nevada, Page 822 (Chapter 239, SB 451)ê

 

appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the preservation of the history of atomic testing in Nevada, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the preservation of the history of atomic testing in Nevada if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the preservation of the history of atomic testing in Nevada pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the preservation of the history of atomic testing in Nevada is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the preservation of the history of atomic testing in Nevada must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Test Site Historical Foundation or its successor for its programs and activities in support of the preservation of the history of atomic testing in Nevada.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 13.  NRS 482.379185 is hereby amended to read as follows:

      482.379185  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with Nevada Ducks Unlimited or its successor, shall design, prepare and issue license plates for the support of the conservation of wetlands, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of license plates for the support of the conservation of wetlands, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.

 


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

ê2007 Statutes of Nevada, Page 823 (Chapter 239, SB 451)ê

 

pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the conservation of wetlands if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the conservation of wetlands pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the conservation of wetlands is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the conservation of wetlands must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Treasurer of Nevada Ducks Unlimited or its successor for use by Nevada Ducks Unlimited or its successor in carrying out:

      (a) Projects for the conservation of wetlands that are:

             (1) Conducted within Nevada; and

             (2) Sponsored or participated in by Nevada Ducks Unlimited or its successor; and

      (b) Fundraising activities for the conservation of wetlands that are:

             (1) Conducted within Nevada; and

             (2) Sponsored or participated in by Nevada Ducks Unlimited or its successor.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      7.  As used in this section, “wetland” has the meaning ascribed to it in NRS 244.388.

      Sec. 14.  NRS 482.37934 is hereby amended to read as follows:

      482.37934  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with the Outside Las Vegas Foundation or its successor, shall design, prepare and issue license plates to support preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

 


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ê2007 Statutes of Nevada, Page 824 (Chapter 239, SB 451)ê

 

      2.  If the Department receives at least 250 applications for the issuance of license plates pursuant to this section, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees prescribed pursuant to subsections 3 and 4 for the license plates issued pursuant to this section.

      3.  The fee for license plates issued pursuant to this section is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates pursuant to this section must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the Outside Las Vegas Foundation or its successor for its programs and activities in support of preserving the federal lands surrounding Las Vegas, promoting community stewardship of those valuable resources, enriching visitors’ experience and enhancing the quality of life of local residents.

      6.  If, during a registration year, the holder of license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 15.  NRS 482.379355 is hereby amended to read as follows:

      482.379355  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with the Immigrant Workers Citizenship Project or its successor, shall design, prepare and issue license plates for the support of naturalized citizenship, using any colors and designs that the Department deems appropriate. The design of the license plates must include a depiction of the Aztec Calendar. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

      2.  If the Department receives at least 1,000 applications for the issuance of license plates for the support of naturalized citizenship, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of naturalized citizenship if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of naturalized citizenship pursuant to subsections 3 and 4.

 


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

ê2007 Statutes of Nevada, Page 825 (Chapter 239, SB 451)ê

 

personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of naturalized citizenship if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of naturalized citizenship pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of naturalized citizenship is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of naturalized citizenship must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Immigrant Workers Citizenship Project or its successor for its programs and charitable activities in support of naturalized citizenship.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 16.  NRS 482.37938 is hereby amended to read as follows:

      482.37938  1.  Except as otherwise provided in this subsection [,] and section 8 of this act, the Department, in cooperation with the Reno Rodeo Foundation and the Nevada High School Rodeo Association or their successors, shall design, prepare and issue license plates for the support of rodeos, including support for the programs and charitable activities of the Reno Rodeo Foundation and the Nevada High School Rodeo Association, or their successors, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  If the Department receives at least 250 applications for the issuance of license plates for the support of rodeos, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of rodeos if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of rodeos pursuant to subsections 3 and 4.

 


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ê2007 Statutes of Nevada, Page 826 (Chapter 239, SB 451)ê

 

      3.  The fee for license plates for the support of rodeos is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of rodeos must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

      5.  [The] Except as otherwise provided in section 8 of this act, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the following manner:

      (a) Remit one-half of the fees to the Reno Rodeo Foundation or its successor for the support of programs and charitable activities of the Reno Rodeo Foundation or its successor.

      (b) Remit one-half of the fees to the Nevada High School Rodeo Association or its successor for the support of programs and charitable activities of the Nevada High School Rodeo Association or its successor.

Ê The Nevada High School Rodeo Association or its successor may grant a portion of the proceeds it receives pursuant to this subsection to one or more high school rodeo associations established in this State for the support of those associations.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set forth in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 17.  NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  [With] Except as otherwise provided in section 8 of this act, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3825, inclusive, and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter.

 


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

ê2007 Statutes of Nevada, Page 827 (Chapter 239, SB 451)ê

 

to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

      Sec. 18.  This act becomes effective upon passage and approval.

________

 

CHAPTER 240, SB 518

Senate Bill No. 518–Committee on Government Affairs

 

CHAPTER 240

 

AN ACT relating to state financial administration; revising provisions relating to work programs; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires each executive branch agency to submit to the Governor a work program for the upcoming fiscal year. (NRS 353.215) This bill requires the Budget Division of the Department of Administration to maintain a computer system that contains the work programs of executive branch agencies. Instead of submitting a work program to the Governor, an agency is required to annually review its work program in the computer system and notify the Chief of the Budget Division of any errors or omissions in the work program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.215 is hereby amended to read as follows:

      353.215  1.  [Not later than June 1 of each year the Governor shall require the head of each department, institution and agency of the Executive Department of the State Government to submit to him through the Chief a work program for the ensuing fiscal year. Such program shall:] The Budget Division of the Department of Administration shall maintain a computer network, computer system or other similar means of electronic storage for the work programs of the departments, institutions and agencies of the Executive Department of the State Government.

      2.  Work programs that are included in the system established pursuant to subsection 1 must:

 


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

ê2007 Statutes of Nevada, Page 828 (Chapter 240, SB 518)ê

 

      (a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.

      (b) Show the requested allotments of appropriations or other funds by month or other period as the Chief may require for the entire fiscal year.

      3.  Not later than July 1 of each year, the Governor, through the Chief, shall require the head of each department, institution and agency of the Executive Department of the State Government to:

      (a) Review for the ensuing fiscal year its work program that is included in the system established pursuant to subsection 1; and

      (b) Notify the Governor through the Chief of any errors or omissions in its work program.

      [2.] 4.  The Governor, with the assistance of the Chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the Governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments [shall] must not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.

      [3.] 5.  The Chief shall transmit a copy of the allotments as approved by the Governor to the head of the department, institution or agency concerned, to the State Treasurer, to the State Controller and to the Fiscal Analysis Division of the Legislative Counsel Bureau.

      [4.] 6.  All expenditures to be made from the appropriations or other funds from any source whatever [shall] must be made on the basis of such allotments and not otherwise, and [shall] must be broken down into such classifications as the Chief may require.

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

________

 


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

ê2007 Statutes of Nevada, Page 829ê

 

CHAPTER 241, SB 515

Senate Bill No. 515–Committee on Government Affairs

 

CHAPTER 241

 

AN ACT relating to public financial administration; providing a declaration of legislative intent regarding the use of lease-purchase and installment-purchase agreements by state and local governmental entities; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law permits state and local governmental agencies to acquire real property, an interest in real property or an improvement to real property through installment-purchase and lease-purchase agreements under certain conditions. (NRS 353.550) Section 1 of this bill provides a declaration of legislative intent that notes the potential benefits of such agreements and calls for the process to be as streamlined and efficient as possible. Section 10 of this bill adds the same declaration of legislative intent to chapter 354 of NRS governing local financial administration.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      The Legislature hereby finds and declares that:

      1.  The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.

      2.  The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.

      3.  The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:

      (a) Engage in or allow bid-shopping; or

      (b) Avoid or circumvent any requirement regarding the payment of prevailing wages for public works.

      4.  When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.

      Sec. 2.  NRS 353.500 is hereby amended to read as follows:

      353.500  As used in NRS 353.500 to 353.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 353.510 to 353.540, inclusive, have the meanings ascribed to them in those sections.

 


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

ê2007 Statutes of Nevada, Page 830 (Chapter 241, SB 515)ê

 

      Sec. 3.  NRS 353.560 is hereby amended to read as follows:

      353.560  1.  The provisions of NRS 353.500 to 353.630, inclusive, and section 1 of this act do not obligate the Legislature to appropriate money for payments due pursuant to an agreement entered into pursuant to those sections.

      2.  A state agency, person acting on behalf of a state agency, officer of this State or employee of this State shall not represent that the Legislature is obligated to appropriate money for payments due pursuant to an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 353.570 is hereby amended to read as follows:

      353.570  The State Treasurer may take such actions as he deems appropriate to facilitate an agreement pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act, including, without limitation:

      1.  Entering into contracts for relevant professional services;

      2.  Obtaining credit enhancement and interest rate hedges; and

      3.  Assisting with the offering of certificates of participation pursuant to the limitations set forth in NRS 353.550.

      Sec. 5.  NRS 353.580 is hereby amended to read as follows:

      353.580  An agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act is not subject to any requirement of competitive bidding or other restriction imposed on the procedure for the awarding of contracts.

      Sec. 6.  NRS 353.590 is hereby amended to read as follows:

      353.590  If an agreement pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act involves the construction, alteration, repair or remodeling of an improvement:

      1.  The construction, alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:

      (a) Any law requiring competitive bidding; or

      (b) Chapter 341 of NRS.

      2.  The provisions of NRS 338.013 to 338.090, inclusive, apply to the construction, alteration, repair or remodeling of the improvement.

      Sec. 7.  NRS 353.600 is hereby amended to read as follows:

      353.600  1.  Except as otherwise provided in this section, if an agreement pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act involves an improvement to property owned by the State of Nevada or the state agency, the State Land Registrar, in consultation with the State Treasurer and in conjunction with the agreement, upon approval of the State Board of Examiners , may enter into a lease of the property to which the improvement will be made if the lease:

      (a) Has a term of 35 years or less; and

      (b) Provides for rental payments that approximate the fair market rental of the property before the improvement is made, as determined by the State Land Registrar in consultation with the State Treasurer at the time the lease is entered into, which must be paid if the agreement terminates before the expiration of the lease because the Legislature fails to appropriate money for payments due pursuant to the agreement.

      2.  A lease entered into pursuant to this section may provide for nominal rental payments to be paid pursuant to the lease before the agreement terminates.

 


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

ê2007 Statutes of Nevada, Page 831 (Chapter 241, SB 515)ê

 

      3.  Before the State Land Registrar may enter into a lease pursuant to this section:

      (a) The State Land Registrar must submit the proposed lease to the Chief and the State Treasurer for their review and transmittal to the Board; and

      (b) The Board must approve the lease.

      Sec. 8.  NRS 353.620 is hereby amended to read as follows:

      353.620  While an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act is in effect, the property that is the subject of the agreement is exempt from ad valorem property taxation by this State and its political subdivisions if:

      1.  An improvement is being constructed on the property pursuant to the agreement; or

      2.  This State or a state agency is in possession of the property.

      Sec. 9.  NRS 353.630 is hereby amended to read as follows:

      353.630  While an agreement entered into pursuant to NRS 353.500 to 353.630, inclusive, and section 1 of this act is in effect, the property that is the subject of the agreement shall be deemed to be the property of this State or the state agency for the purposes of statutory limits on damages that may be awarded against this State, including, without limitation, the limits in chapter 41 of NRS, with respect to any action or claim, including a claim for civil damages, that arises from or is related to the property and is brought by a person who is not a party to the agreement if:

      1.  An improvement is being constructed on the property pursuant to the agreement; or

      2.  This State or a state agency is in possession of the property.

      Sec. 10.  Chapter 354 of NRS is hereby amended by adding a new section to read as follows:

      The Legislature hereby finds and declares that:

      1.  The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.

      2.  The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.

      3.  The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:

      (a) Engage in or allow bid-shopping; or

      (b) Avoid or circumvent any requirement regarding the payment of prevailing wages for public works.

      4.  When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.

      Sec. 11.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 832ê

 

CHAPTER 242, SB 111

Senate Bill No. 111–Senator McGinness

 

CHAPTER 242

 

AN ACT relating to public utilities; clarifying the applicability of the Utility Environmental Protection Act to certain utility facilities owned by suppliers of utility services that provide utility services only to the members of those suppliers; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that a supplier of utility services that provides utility services only to its own members is subject to the jurisdiction, control and regulation of the Public Utilities Commission of Nevada for certain limited purposes. (NRS 704.675) Section 1 of this bill clarifies that, if such a supplier of utility services is not jointly owned by certain other entities and is subject to the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., a utility facility owned by the supplier is exempt from the provisions of the Utility Environmental Protection Act, which controls the permitting process for the construction of new utility facilities. (NRS 704.820-704.900)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.865 is hereby amended to read as follows:

      704.865  1.  A person, other than a local government, shall not commence to construct a utility facility in the State without first having obtained a permit therefor from the Commission. The replacement of an existing facility with a like facility, as determined by the Commission, does not constitute construction of a utility facility. Any facility, with respect to which a permit is required, must thereafter be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to NRS 704.820 to 704.900, inclusive. Any authorization relating to a utility facility granted under other laws administered by the Commission constitutes a permit under those sections if the requirements of those sections have been complied with in the proceedings leading to the granting of the authorization.

      2.  A permit may be transferred, subject to the approval of the Commission, to a person who agrees to comply with the terms, conditions and modifications contained therein.

      3.  NRS 704.820 to 704.900, inclusive, do not apply to any utility facility:

      (a) For which, before July 1, 1971, an application for the approval of the facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in NRS 704.890;

      (b) For which, before July 1, 1971, a governmental agency has approved the construction of the facility and the person has incurred indebtedness to finance all or part of the cost of the construction; [or]

      (c) Over which an agency of the Federal Government has exclusive jurisdiction [.] ; or

 


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

ê2007 Statutes of Nevada, Page 833 (Chapter 242, SB 111)ê

 

      (d) Owned by a supplier of services described in NRS 704.673 or 704.675 that:

             (1) Is not jointly owned by or with an entity that is not such a supplier of services; and

            (2) Is subject to the provisions of the National Environmental Policy Act of 1969, 42 U.S.C §§ 4321 et seq.

      4.  Any person intending to construct a utility facility excluded from NRS 704.820 to 704.900, inclusive, pursuant to paragraph (a) or (b) of subsection 3 may elect to waive the exclusion by delivering notice of its waiver to the Commission. NRS 704.820 to 704.900, inclusive, thereafter apply to each utility facility identified in the notice from the date of its receipt by the Commission.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 243, SB 195

Senate Bill No. 195–Committee on Human Resources and Education

 

CHAPTER 243

 

AN ACT relating to recreation areas; prohibiting a person who uses a recreation area from engaging in certain conduct; requiring such a person to follow certain safety requirements; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Existing law sets forth prohibitions, penalties and duties for a person who operates or uses a skateboard park, amusement park or snow recreation area. (Chapters 455A and 455B of NRS) Generally those laws prohibit a person from engaging in certain activities at the park or snow recreation area, prescribe duties for the owner, operator or user of the park or area and specifically state that a county, city or unincorporated town may adopt additional ordinances governing the park or area as long as the ordinances do not conflict with existing statutes. (Chapters 455A and 455B of NRS)

      This bill enacts similar prohibitions, penalties and duties for a person who operates or uses a recreation area. Section 4 of this bill defines “recreation area” as a trailhead or water access area. Section 8 of this bill prohibits certain conduct by a person using a recreation area. Section 9 of this bill imposes certain duties on a person using a recreation area, such as a duty to locate and ascertain the meaning of any sign that is posted by the operator of the recreation area. Section 10 of this bill absolves the operator of a recreation area and an owner of private property from liability for the death or injury of a person or for damage to property caused or sustained by a person using the recreation area if the person knowingly enters an area which is outside the recreation area. Section 10 also requires an operator to provide certain information about the recreation area at trailheads and water access areas. Section 11 of this bill prohibits a person from entering or using a recreation area while intoxicated or under the influence of a controlled substance. Section 12 of this bill imposes a misdemeanor penalty against a person who fails to comply with certain reporting requirements occurring upon the person’s involvement in a collision or an accident with another person. Section 14 of this bill clarifies that the intent of the bill is not to preempt a county, city or unincorporated town from adopting additional ordinances which are consistent with this bill.

 


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ê2007 Statutes of Nevada, Page 834 (Chapter 243, SB 195)ê

 

is not to preempt a county, city or unincorporated town from adopting additional ordinances which are consistent with this bill. Section 14 also specifies that the provisions of the bill are in addition to certain statutory and regulatory provisions relating to state parks and state recreational areas.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 455B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 14, 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.  “Operator” means a government, governmental agency or political subdivision of a government that owns, controls, operates or manages a recreation area.

      Sec. 4.  “Recreation area” means a trailhead or water access area. The term does not include:

      1.  A snow recreation area as defined in NRS 455A.083; or

      2.  A skateboard park as defined in NRS 455B.240.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  “Trailhead” means the beginning point of a trail, including, without limitation, any facility for parking, water or sanitation that is available for use at that point.

      Sec. 7.  “Water access area” includes, without limitation, a beach, river entry or exit point and land located at or below the ordinary high water mark of a navigable body of water within this State.

      Sec. 8.  A person shall not:

      1.  Fail or refuse to comply with:

      (a) Reasonable instructions provided by an operator or an authorized agent or employee of an operator regarding the use of a recreation area; or

      (b) Rules concerning safety that are posted on a sign in a conspicuous place by an operator;

      2.  Intentionally place, drop or throw any object in the path of a user of a recreation area;

      3.  Conduct himself in a manner that interferes with the safe operation of a recreation area or with the safety of other users of a recreation area; or

      4.  Trespass on any private property located in or adjacent to a recreation area.

      Sec. 9.  1.  A person using a recreation area shall, to the extent possible:

      (a) Locate and ascertain:

             (1) The meaning of any sign that is posted in or near the recreation area by the operator of the recreation area; and

             (2) The boundaries of all private property adjoining the recreation area;

      (b) Heed warnings and other information posted by the operator of the recreation area;

      (c) Conduct himself in such a manner as to avoid injury to persons and damage to property in the recreation area;

 


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

ê2007 Statutes of Nevada, Page 835 (Chapter 243, SB 195)ê

 

      (d) Familiarize himself with the natural conditions of the recreation area and any resulting dangerous conditions in the recreation area and any private property located in or adjacent to the recreation area; and

      (e) Familiarize himself with any dangerous conditions relating to an irrigation system in or near the recreation area.

      2.  A person using a recreation area shall not tamper with or alter an irrigation system or any part of an irrigation system in the recreation area.

      Sec. 10.  1.  A person who enters a recreation area unlawfully shall be deemed to be a trespasser.

      2.  A person who sustains a personal injury while he is using a recreation area shall notify the operator or an authorized agent or employee of the operator of the injury as soon as reasonably possible.

      3.  Except as otherwise provided by law, an operator or an owner of private property is not liable for the death or injury of a person or for damage to property caused or sustained by a person using a recreation area if the person knowingly enters an area which is located outside the recreation area.

      4.  An operator shall take reasonable steps to minimize known dangers and conditions of trailheads and water access areas within his control.

      5.  An operator shall post signs in conspicuous places or provide other information at trailheads and water access areas that:

      (a) Identify the boundaries of the recreation area and immediately adjacent private property;

      (b) Prescribe rules concerning safety, conduct and use; and

      (c) Provide warnings about known dangerous conditions and potential hazards.

      Sec. 11.  1.  A person shall not enter or use a recreation area while intoxicated or under the influence of a controlled substance, unless in accordance with:

      (a) A prescription lawfully issued to the person; or

      (b) The provisions of chapter 453A of NRS.

      2.  An operator or an authorized agent or employee of an operator may prohibit a person from entering or using a recreation area if he reasonably believes that the person is under the influence of alcohol, prescription drugs or a controlled substance. An operator or an authorized agent or employee of an operator is not civilly or criminally liable for prohibiting a person from entering or using a recreation area pursuant to this subsection.

      Sec. 12.  1.  A person using a recreation area who is involved in a collision or an accident in which another person is injured shall provide his name and current address to the injured person and the operator or an authorized agent or employee of the operator:

      (a) Before he leaves the vicinity of the collision or accident; or

      (b) As soon as reasonably possible after leaving the vicinity of the collision or accident to secure aid for the injured person.

      2.  A person who violates a provision of this section is guilty of a misdemeanor.

      Sec. 13.  An operator may revoke the license or privilege of a person to use a recreation area if the person violates any provision of sections 2 to 14, inclusive, of this act.

      Sec. 14.  The provisions of sections 2 to 14, inclusive, of this act:

 


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

ê2007 Statutes of Nevada, Page 836 (Chapter 243, SB 195)ê

 

      1.  Do not prohibit a county, city or unincorporated town from adopting ordinances that regulate a recreation area which are consistent with the provisions of sections 2 to 14, inclusive, of this act.

      2.  Are in addition to any provision of chapter 407 of NRS or any regulation adopted pursuant to that chapter that is applicable to a recreation area.

      Sec. 15.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 244, SB 198

Senate Bill No. 198–Committee on Government Affairs

 

CHAPTER 244

 

AN ACT relating to governmental administration; amending the Charter of the City of Las Vegas to authorize the City Council to enter into lease and lease-purchase agreements for the construction or remodeling of a building or facility; revising provisions governing installment-purchase and lease-purchase agreements by the Nevada System of Higher Education; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill authorizes the City Council of the City of Las Vegas to enter into a lease or a lease-purchase agreement for the construction or remodeling of a building or facility.

      Existing law defines the term “state agency” for purposes of the requirements for installment-purchase and lease-purchase agreements by the State. (NRS 353.540) Effective through June 30, 2007, the definition of “state agency” includes the Nevada System of Higher Education, but only if it is anticipated that payments under any such agreement will be made with state appropriations. (NRS 353.540) Sections 3 and 4 of this bill eliminate the expiration date so that the Nevada System of Higher Education continues to be included in the definition of “state agency” after June 30, 2007, for purposes of installment-purchase and lease-purchase agreements paid with state appropriations.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  The Charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1391, is hereby amended by adding thereto a new section to be designated as section 2.145, immediately following section 2.140, to read as follows:

       Sec. 2.145  Powers of City Council: Lease or lease-purchase agreement for construction or remodeling of building or facility; conveyance of property; applicability of certain provisions to agreement for construction or remodeling of building or facility.

       1.  The City Council may enter into an agreement with a person whereby the person agrees to construct or remodel a building or facility according to specifications adopted by the City Council and thereupon enter into a lease or a lease-purchase agreement with the City Council for that building or facility.

 


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ê2007 Statutes of Nevada, Page 837 (Chapter 244, SB 198)ê

 

thereupon enter into a lease or a lease-purchase agreement with the City Council for that building or facility.

       2.  The City Council may convey property to a person where the purpose of the conveyance is the entering into of an agreement contemplated by subsection 1.

       3.  The provisions of NRS 338.010 to 338.090, inclusive, apply to any agreement for the construction or remodeling of a building or facility entered into pursuant to subsection 1.

      Sec. 3.  Section 32 of chapter 508, Statutes of Nevada 2005, at page 2906, is hereby amended to read as follows:

       Sec. 32.  1.  This act becomes effective on July 1, 2005.

       2.  [Section 28 of this act expires by limitation on June 30, 2007.

       3.]  Sections 5 and 6 of this act expire by limitation on May 1, 2013.

      Sec. 4.  Section 30 of chapter 508, Statutes of Nevada 2005, at page 2905, is hereby repealed.

      Sec. 5.  This act becomes effective on June 30, 2007.

________

 

CHAPTER 245, SB 247

Senate Bill No. 247–Senators Wiener, Horsford, Woodhouse, Titus, Schneider, Amodei, Cegavske, Heck, Lee, Mathews and Washington

 

Joint Sponsor: Assemblywoman Parnell

 

CHAPTER 245

 

AN ACT relating to education; creating the Nevada Youth Legislative Issues Forum; prescribing the membership, powers and duties of the Forum; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Sections 3-5 of this bill create the Nevada Youth Legislative Issues Forum, consisting of 21 members who are enrolled in grades 9-12 in public schools or otherwise eligible for enrollment in public schools but enrolled in a homeschool or private school. Each Senator appoints a member to the Forum. Sections 6-10 of this bill set forth the powers and duties of the Forum. The Forum must hold at least two public hearings each school year, review issues of importance to the youth in this State and submit an annual report of the activities of the Forum. In addition, the Forum may, within the limits of available money, hold meetings during a regular session of the Legislature to advise the Legislature on proposed legislation concerning the youth in this State. The Forum may also conduct seminars for the benefit of its members relating to leadership, government and the legislative process. Finally, the Forum may submit a request for the drafting of one legislative measure which relates to matters within the scope of the Forum.

 

 


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

ê2007 Statutes of Nevada, Page 838 (Chapter 245, SB 247)ê

 

      Whereas, The United States is facing a population of youth that is disengaged and lacks the necessary knowledge, skills and dispositions to participate in and carry out civic duties; and

      Whereas, In the 2004 presidential election, 53.1 percent of Nevadans over 25 years of age voted, compared with 38.4 percent among Nevadans 18 to 24 years of age; and

      Whereas, The lack of voter turnout for citizens who are 18 to 24 years of age is often attributed to cynicism toward the political process, disillusionment with politics, voter apathy and a lack of acknowledgment by the media and politicians of issues involving youth; and

      Whereas, Most governmental services are designed with input and participation from the people being served; however, young people under the age of 18 are not allowed to vote and are often left out of the democratic process; and

      Whereas, Several issues are important to the youth in the nation as well as the youth in this State, including, without limitation, education, employment opportunities, participation in state and local government, a safe environment, the prevention of substance abuse, emotional and physical well-being, foster care and access to state and local services; and

      Whereas, Research shows that the programs designed for youth which are most effective at promoting positive outcomes are framed in terms of the constructive assets the programs seek to build rather than the negative behaviors the programs seek to avoid; and

      Whereas, There is a growing need to reverse the trend of apathy by engaging our youth directly with policymakers in a manner that will provide genuine opportunities for our youth to acquire civic knowledge and develop the skills necessary to participate fully in a democratic society; and

      Whereas, Within the past 5 years, Maine, New Mexico, Washington and New Hampshire have enacted bills that create a Youth Issues Forum, which institutionalizes the participation of youth in the policy-making process in those states; and

      Whereas, The creation of a Youth Issues Forum offers policymakers an opportunity to learn from youth as well as provides a meaningful opportunity for youth to learn about the policy-making process; and

      Whereas, By providing an avenue for participation, this State will provide our youth with an opportunity to understand the ideals of citizenship and to acquire the knowledge and skills necessary to participate in effective government and appreciate the value of American democracy; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 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, “Forum” means the Nevada Youth Legislative Issues Forum created by section 3 of this act.

      Sec. 3.  1.  The Nevada Youth Legislative Issues Forum is hereby created, consisting of 21 members.

      2.  Each member of the Senate shall, taking into consideration any recommendations made by a member of the Assembly, appoint a person who submits an application and meets the qualifications for appointment set forth in section 4 of this act.

 


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ê2007 Statutes of Nevada, Page 839 (Chapter 245, SB 247)ê

 

who submits an application and meets the qualifications for appointment set forth in section 4 of this act. A member of the Assembly may submit recommendations to a member of the Senate concerning the appointment.

      3.  After the initial terms:

      (a) Appointments to the Forum must be made by each member of the Senate before June 30 of each year.

      (b) The term of each member of the Forum begins July 1 of the year of appointment.

      4.  Each member of the Forum serves a term of 1 year and may be reappointed if the member continues to meet the qualifications for appointment set forth in section 4 of this act.

      Sec. 4.  1.  To be eligible for appointment to the Forum, a person must be a resident of the senatorial district of the Senator who appoints him and must be:

      (a) Enrolled in a public school in this State in grade 9, 10, 11 or 12 for the school year in which he serves; or

      (b) Exempt from compulsory attendance pursuant to NRS 392.070, but otherwise eligible to enroll in a public school in this State in grade 9, 10, 11 or 12 for the school year in which he serves.

      2.  A person who is eligible for appointment to the Forum may submit an application on the form prescribed pursuant to subsection 3 to the Senator of the senatorial district in which the person resides for appointment or reappointment to the Forum.

      3.  The Director of the Legislative Counsel Bureau shall prescribe a form for applications submitted pursuant to this section, which must require the signature of the principal of the school in which the applicant is enrolled or, if the applicant is exempt from compulsory attendance pursuant to NRS 392.070, the signature of a member of the community in which the applicant resides other than a relative of the applicant.

      Sec. 5.  1.  A position on the Forum becomes vacant upon:

      (a) The death or resignation of a member.

      (b) The absence of a member for any reason from two consecutive meetings of the Forum, unless excused by the Chairman of the Forum.

      (c) A change of residency of a member which renders that member ineligible under his original appointment.

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

      Sec. 6.  1.  The Forum shall elect from among its members, to serve a term of 1 year beginning on July 1 of each year:

      (a) A Chairman, who shall conduct the meetings and oversee the formation of committees as necessary to accomplish the business of the Forum. The Chairman must be:

             (1) Enrolled in a public school in this State in grade 9, 10 or 11 for the school year in which he serves; or

             (2) Exempt from compulsory attendance pursuant to NRS 392.070, but otherwise eligible to enroll in a public school in this State in grade 9, 10 or 11 for the school year in which he serves.

      (b) A Vice Chairman, who shall assist the Chairman and conduct the meetings of the Forum if the Chairman is absent or otherwise unable to perform his duties.

 


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ê2007 Statutes of Nevada, Page 840 (Chapter 245, SB 247)ê

 

      2.  The Director of the Legislative Counsel Bureau:

      (a) Shall provide meeting rooms and teleconference and videoconference facilities for the Forum.

      (b) Shall, in the event of a vacancy on the Forum, notify the appropriate appointing authority of such vacancy.

      (c) May accept gifts, grants and donations from any source for the support of the Forum in carrying out the provisions of sections 2 to 9, inclusive, of this act.

      Sec. 7.  1.  The Forum shall:

      (a) Hold at least two public hearings in this State each school year.

      (b) Simultaneously teleconference or videoconference each public hearing to two or more prominent locations throughout this State.

      (c) Evaluate, review and comment upon issues of importance to the youth in this State, including, without limitation:

             (1) Education;

             (2) Employment opportunities;

             (3) Participation of youth in state and local government;

             (4) A safe learning environment;

             (5) The prevention of substance abuse;

             (6) Emotional and physical well-being;

             (7) Foster care; and

             (8) Access to state and local services.

      (d) Conduct a public awareness campaign to raise awareness about the Forum and to enhance outreach to the youth in this State.

      2.  The Forum may, within the limits of available money:

      (a) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Forum and to advise the Legislature on proposed legislation relating to the youth in this State.

      (b) Form committees, which may meet as often as necessary to assist with the business of the Forum.

      (c) Conduct periodic seminars for its members regarding leadership, government and the legislative process.

      (d) Employ a person to provide administrative support for the Forum or pay the costs incurred by one or more volunteers to provide any required administrative support.

      3.  The Forum and its committees shall comply with the provisions of chapter 241 of NRS.

      4.  On or before June 30 of each year, the Forum shall submit a written report to the Director of the Legislative Counsel Bureau and to the Governor describing the activities of the Forum during the immediately preceding school year and any recommendations for legislation. The Director shall transmit the written report to the Legislative Committee on Education and to the next regular session of the Legislature.

      Sec. 8.  The Forum may:

      1.  Request the drafting of not more than one legislative measure which relates to matters within the scope of the Forum. A request must be submitted to the Legislative Counsel on or before July 1 preceding the commencement of a regular session of the Legislature unless the Legislative Commission authorizes submitting a request after that date.

 


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      2.  Adopt procedures to conduct meetings of the Forum and any committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the Forum who are present and voting.

      3.  Advise the Director of the Legislative Counsel Bureau regarding the administration of any appropriations, gifts, grants or donations received for the support of the Forum.

      Sec. 9.  The members of the Forum serve without compensation. To the extent that money is available, including, without limitation, money from gifts, grants and donations, the members of the Forum may receive the per diem allowance and travel expenses provided for state officers and employees generally for attending a meeting of the Forum or a seminar conducted by the Forum.

      Sec. 10.  1.  Each Senator shall appoint a member to the Nevada Youth Legislative Issues Forum created by section 3 of this act to an initial term commencing on July 1, 2008, and expiring on June 30, 2009.

      2.  The Forum shall hold its first meeting not later than October 1, 2008. At the first meeting of the Forum, the members of the Forum shall elect a Chairman and a Vice Chairman who hold those positions until June 30, 2009.

      3.  After the initial terms of office, sections 3 and 6 of this act govern the terms of office of the members of the Forum.

      Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 246, SB 275

Senate Bill No. 275–Committee on Natural Resources

 

CHAPTER 246

 

AN ACT relating to underground water; revising provisions governing the domestic use of underground water from a well; revising the date of priority for the use of underground water from a well for domestic purposes; authorizing the State Engineer to require the dedication or relinquishment of a water right under certain circumstances; requiring that certain conditions be met if a local ordinance allows the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling; authorizing a county to relinquish a water right under certain circumstances; revising provisions governing parcel maps; and providing other matters properly relating thereto.

 

[Approved: May 31, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Engineer may exempt from the application of chapter 534 of NRS, relating to underground water and wells, the use of water from a well for a domestic use or purpose if the use or purpose directly relates to a single-family dwelling and the draught does not exceed 1,800 gallons per day. (NRS 534.013, 534.180) Sections 1, 4, 5 and 6 of this bill quantify the maximum limit of domestic use of underground water from a well as 2 acre feet per year instead of 1,800 gallons per day. Sections 1, 4, 6 and 7 of this bill authorize a local ordinance to extend a domestic use or purpose to an accessory dwelling unit of a single-family dwelling. Section 4 imposes additional responsibilities on the owner of a well, the local governing body or planning commission and the State Engineer if a local ordinance allows the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling, as defined in the local ordinance, to qualify as a domestic use or purpose.

 


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local governing body or planning commission and the State Engineer if a local ordinance allows the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling, as defined in the local ordinance, to qualify as a domestic use or purpose.

      Under existing law, a domestic well exempted from chapter 534 of NRS is not assigned a date of priority. (NRS 534.080, 534.180) Section 2 of this bill sets the date of priority for certain domestic wells as the date of completion of the well as recorded by the driller of the well or another date as documented by evidence determined to be adequate by the State Engineer.

      Under existing law, the State Engineer, in basins for which the State Engineer maintains pumping records, is required to give notice to an owner of a water right before the water right is forfeited for nonuse of the water. (NRS 534.090) Section 3 of this bill requires the State Engineer to give notice of a forfeiture of water rights for nonuse in all basins regardless of whether he maintains pumping records for the basin.

      Under existing law, the State Engineer is required to adopt regulations establishing a program that allows a public water system to receive credits for the addition of new customers in certain designated groundwater basins. (NRS 534.350) Section 6 of this bill authorizes a county to relinquish a right to appropriate water from a domestic well to the State Engineer if the county requires the dedication of that right to the county by the owner of a particular parcel of land. Section 6 further states that, if such an owner becomes a new customer of a public water system, the public water system is entitled to receive a credit in the same manner as the addition of any other customer to the public water system.

      Under existing law, a person who proposes to divide any land for transfer or development into four lots or less is required to prepare a parcel map and file it in accordance with local ordinance. (NRS 278.461) Section 7 of this bill requires such a person, in addition to filing a parcel map in accordance with the local ordinance, to provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and also to obtain a certificate of approval from the Division of Water Resources if certain conditions occur.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 534.013 is hereby amended to read as follows:

      534.013  “Domestic use” or “domestic purposes” extends to culinary and household purposes directly related to [a] :

      1.  A single-family dwelling [,] ; and

      2.  An accessory dwelling unit for a single-family dwelling if provided for in an applicable local ordinance,

Ê including, without limitation, the watering of a family garden and lawn and the watering of livestock and any other domestic animals or household pets, if the amount of water drawn does not exceed the [threshold daily] maximum amount set forth in NRS 534.180 for exemption from the application of this chapter.

      Sec. 1.5.  NRS 534.050 is hereby amended to read as follows:

      534.050  1.  Except as otherwise provided in subsection 2 and NRS 534.180, every person desiring to sink or bore a well in any basin or portion therein in the State designated by the State Engineer, as provided for in this chapter, must first make application to and obtain from the State Engineer a permit to appropriate the water, pursuant to the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.

 


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      2.  Upon written application and a showing of good cause, the State Engineer may issue a written waiver of the requirements of subsection 1:

      (a) For exploratory wells to be drilled to determine the availability of water or the quality of available water;

      (b) To allow temporary use of the water in constructing a highway or exploring for water, oil, gas, minerals or geothermal resources; or

      (c) For wells to be drilled in shallow groundwater systems and pumped to alleviate potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge. If practical, approved by the State Engineer and consistent with this chapter and chapter 533 of NRS, the withdrawn water must be used for some other beneficial use.

      3.  In other basins or portions of basins which have not been designated by the State Engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the State Engineer, pursuant to the provisions of chapter 533 of NRS, a permit to appropriate the water.

      4.  Upon written application and a showing of good cause, the State Engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or exploring for water, oil, gas, minerals or geothermal resources.

      5.  Any person using water after a permit has been withdrawn, denied, cancelled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.

      Sec. 2.  NRS 534.080 is hereby amended to read as follows:

      534.080  1.  A legal right to appropriate underground water for beneficial use from an artesian or definable aquifer subsequent to March 22, 1913, or from percolating water, the course and boundaries of which are incapable of determination, subsequent to March 25, 1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the appropriation of water.

      2.  The State Engineer may, upon written notice sent by registered or certified mail, return receipt requested, advise the owner of a well who is using water therefrom without a permit to appropriate [such] the water to cease using [such] the water until he has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such a permit within 30 days [from] after the date of [such] the notice , he [shall be] is guilty of a misdemeanor.

      3.  [The] Except as otherwise provided in subsection 4 and NRS 534.180, the date of priority of all appropriations of water from an underground source [,] mentioned in this section [,] is the date when application is made in proper form and filed in the Office of the State Engineer pursuant to the provisions of chapter 533 of NRS.

      4.  The date of priority for the use of underground water from a well for domestic purposes where the draught does not exceed 2 acre feet per year is the date of completion of the well as:

      (a) Recorded by the well driller on the log he files with the State Engineer pursuant to NRS 534.170; or

      (b) Demonstrated through any other documentation or evidence specified by the State Engineer.

 


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      Sec. 3.  NRS 534.090 is hereby amended to read as follows:

      534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right [,] or a permitted right, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. [For water rights in basins for which the State Engineer keeps pumping records, if] If the records of the State Engineer or any other documents specified by the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of [such] a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that he has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of beneficial use is not sent to the State Engineer, the State Engineer shall, unless he has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days. Upon the forfeiture of a right to the use of groundwater, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the owner of record whose right has been declared forfeited, the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

      2.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

      (a) Whether the holder has shown good cause for his failure to use all or any part of the water beneficially for the purpose for which his right is acquired or claimed;

      (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

      (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

      (d) Any prolonged period in which precipitation in the basin where the water right is located is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin; and

      (e) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether he has granted or denied the holder’s request for an extension pursuant to this subsection.

 


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Engineer, of whether he has granted or denied the holder’s request for an extension pursuant to this subsection.

      3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year [from] after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of his right is declared by the State Engineer.

      4.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

      Sec. 3.5.  NRS 534.120 is hereby amended to read as follows:

      534.120  1.  Within an area that has been designated by the State Engineer, as provided for in this chapter, where, in his judgment, the groundwater basin is being depleted, the State Engineer in his administrative capacity [is herewith empowered to] may make such rules, regulations and orders as are deemed essential for the welfare of the area involved.

      2.  In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by him and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, he may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:

      (a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and

      (b) Any uses for which a county, city, town, public water district or public water company furnishes the water.

      3.  Except as otherwise provided in subsection 5, the State Engineer may:

      (a) Issue temporary permits to appropriate groundwater which can be limited as to time and which may, except as limited by subsection 4, be revoked if and when water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

      (b) Deny applications to appropriate groundwater for any use in areas served by such an entity.

      (c) Limit the depth of domestic wells.

      (d) Prohibit the drilling of wells for domestic use, as defined in NRS 534.013 , [and 534.0175,] in areas where water can be furnished by an entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.

 


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      (e) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.

      4.  The State Engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom groundwater was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

      (a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and

      (b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig.

      5.  The State Engineer may, in an area in which he has issued temporary permits pursuant to subsection 3, limit the depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit repairs from being made to a well, and may require the person proposing to deepen or repair the well to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:

      (a) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and

      (b) The deepening or repair of the well would require the use of a well-drilling rig.

      6.  For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.

      7.  [Nothing in this section prohibits] The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit is currently obtaining water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.

      Sec. 4.  NRS 534.180 is hereby amended to read as follows:

      534.180  1.  Except as otherwise provided in subsection 2 and as to the furnishing of any information required by the State Engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed [a daily maximum of 1,800 gallons.] 2 acre feet per year.

      2.  The State Engineer may designate any groundwater basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the State Engineer within 10 days after the completion of the well. The State Engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.

 


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      3.  The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:

      (a) A political subdivision of this State; or

      (b) A public utility whose rates and service are regulated by the Public Utilities Commission of Nevada,

Ê but only if the charge for making the connection to the service is less than $200.

      4.  If the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling, as defined in an applicable local ordinance, qualifies as a domestic use or domestic purpose:

      (a) The owner of the well shall:

             (1) Obtain approval for that use or purpose from the local governing body or planning commission in whose jurisdiction the well is located;

             (2) Install a water meter capable of measuring the total withdrawal of water from the well; and

             (3) Ensure the total withdrawal of water from the well does not exceed 2 acre feet per year;

      (b) The local governing body or planning commission shall report the approval of the accessory dwelling unit on a form provided by the State Engineer;

      (c) The State Engineer shall monitor the annual withdrawal of water from the well; and

      (d) The date of priority for the use of the domestic well to supply water to the accessory dwelling unit is the date of approval of the accessory dwelling unit by the local governing body or planning commission.

      Sec. 5.  NRS 534.185 is hereby amended to read as follows:

      534.185  1.  The State Engineer shall, upon written request and receipt of a written agreement between the affected property owners, waive the requirements of this chapter regarding permits for the use and development of underground water from a well if:

      (a) The well existed on July 1, 1983;

      (b) It is used solely for domestic purposes by not more than three single-family dwellings; and

      (c) Each of those dwellings does not draw more than [1,800 gallons] 2 acre feet of water [in a day.] per year.

      2.  The State Engineer may require an owner who has been granted such a waiver to apply for a permit if one or more of the dwellings is drawing more than [1,800 gallons] 2 acre feet of water [in a day.] per year.

      3.  This section does not apply to any groundwater basin for which the State Engineer has in effect on July 1, 1983, a procedure of issuing revocable permits.

      Sec. 6.  NRS 534.350 is hereby amended to read as follows:

      534.350  1.  The State Engineer shall adopt regulations establishing a program that allows a public water system to receive credits, as provided in this section, for the addition of new customers to the system. The program must be limited to public water systems in areas:

      (a) Designated as groundwater basins by the State Engineer pursuant to the provisions of NRS 534.030; and

 


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      (b) In which the State Engineer has denied one or more applications for any municipal uses of groundwater.

      2.  Before the State Engineer adopts any regulations pursuant to this section regarding any particular groundwater basin, he shall hold a public hearing:

      (a) Within the basin to which the regulations will apply if adequate facilities to hold a hearing are available within that basin; or

      (b) In all other cases, within the county where the major portion of that basin lies,

Ê to take testimony from any interested persons regarding the proposed regulations.

      3.  Upon adoption of the regulations required by this section regarding a particular groundwater basin, a public water system which provides service in that basin is entitled to receive a credit for each customer who is added to the system after the adoption of those regulations and:

      (a) Voluntarily ceases to draw water from a domestic well located within that basin; or

      (b) Is the owner of a lot or other parcel of land, other than land used or intended solely for use as a location for a [water] domestic well, which:

             (1) Is located within that basin;

             (2) Was established as a separate lot or parcel before July 1, 1993;

             (3) Was approved by a local governing body or planning commission for service by an individual domestic well before July 1, 1993; and

             (4) Is subject to a written agreement which was voluntarily entered into by the owner with the public water system pursuant to which the owner agrees not to drill a domestic well on the land and the public water system agrees that it will provide water service to the land. Any such agreement must be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS.

      4.  If a county requires, by ordinance, the dedication to the county of a right to appropriate water from a domestic well which is located on a lot or other parcel of land that was established as a separate lot or parcel on or after July 1, 1993, the county may, by relinquishment to the State Engineer, allow the right to appropriate water to revert to the source of the water. The State Engineer shall not accept a relinquishment of a right to appropriate water pursuant to this subsection unless the right is in good standing as determined by the State Engineer. A right to appropriate water that is dedicated and relinquished pursuant to this subsection:

      (a) Remains appurtenant only to the parcel of land in which it is located as specified on the parcel map; and

      (b) Maintains its date of priority established pursuant to NRS 534.080.

      5.  If an owner of a parcel of land specified in subsection 4 becomes a new customer of a public water system for that parcel of land, the public water system is entitled to receive a credit in the same manner as the addition of any other customer to the public water system pursuant to this section.

      6.  The State Engineer may require a new customer, who voluntarily ceases to draw water from a domestic well as provided in paragraph (a) of subsection 3 [,] or whose right to appropriate water is dedicated pursuant to subsection 4, to plug that well.

      [5.] 7.  A credit granted pursuant to this section:

 


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      (a) Must be sufficient to enable the public water system to add one service connection for a single-family dwelling to the system, except that the credit may not exceed the increase in water consumption attributable to the additional service connection or [1,800 gallons per day,] 2 acre feet per year, whichever is less.

      (b) May not be converted to an appropriative water right.

      [6.] 8.  This section does not:

      (a) Require a public water system to extend its service area.

      (b) Authorize any increase in the total amount of groundwater pumped in a groundwater basin.

      (c) Affect any rights of an owner of a domestic well who does not voluntarily bring himself within the provisions of this section.

      [7.] 9.  As used in this section:

      (a) “Domestic well” means a well used for culinary and household purposes in [a] :

             (1) A single-family dwelling [,] ; and

             (2) An accessory dwelling unit for a single-family dwelling if provided for in an applicable local ordinance,

Ê including the watering of a garden, lawn and domestic animals and where the draught does not exceed [1,800 gallons per day.] 2 acre feet per year.

      (b) “Public water system” has the meaning ascribed to it in NRS 445A.840.

      Sec. 7.  NRS 278.461 is hereby amended to read as follows:

      278.461  1.  Except as otherwise provided in this section, a person who proposes to divide any land for transfer or development into four lots or less shall:

      (a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planning commission, with the clerk of the governing body; and

      (b) Pay a filing fee in an amount determined by the governing body,

Ê unless [these] those requirements are waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

      2.  In addition to any other requirement set forth in this section, a person who is required to prepare a parcel map pursuant to subsection 1 shall provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

      (a) Any parcel included in the parcel map:

             (1) Is within or partially within a basin designated by the State Engineer pursuant to NRS 534.120 for which the State Engineer has issued an order requiring approval by him of the parcel map; and

             (2) Will be served by a domestic well; and

      (b) The dedication of a right to appropriate water to ensure a sufficient supply of water is not required by an applicable local ordinance.

      3.  If the parcel map is submitted to the clerk of the governing body, he shall submit the parcel map to the governing body at its next regular meeting.

 


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      [3.] 4.  A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464 and 278.466.

      [4.] 5.  A parcel map is not required when the division is for the express purpose of:

      (a) The creation or realignment of a public right-of-way by a public agency.

      (b) The creation or realignment of an easement.

      (c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels, which does not result in the creation of any additional parcels, if such an adjustment is approved pursuant to NRS 278.5692 and is made in compliance with the provisions of NRS 278.5693.

      (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

      [5.] 6.  A parcel map is not required for any of the following transactions involving land:

      (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which is severed from the surface ownership of real property.

      (d) Conveying an interest in land acquired by the Department of Transportation pursuant to chapter 408 of NRS.

      (e) Filing a certificate of amendment pursuant to NRS 278.473.

      [6.] 7.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

      [7.] 8.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

      9.  As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350.

      Sec. 8.  NRS 278.464 is hereby amended to read as follows:

      278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

      2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

 


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      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection [2] 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

      4.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

      (a) In a county whose population is 400,000 or more, within 45 days; or

      (b) In a county whose population is less than 400,000, within 60 days,

Ê after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

      5.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

      6.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

      7.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

 


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utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

      Sec. 8.5.  NRS 278.466 is hereby amended to read as follows:

      278.466  1.  The parcel map must be legibly drawn in permanent black ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for that purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with permanent black ink. The size of each sheet must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      2.  A parcel map must indicate the owner of any adjoining land, or any right-of-way if owned by the person dividing the land.

      3.  A parcel map must show:

      (a) The area of each parcel or lot and the total area of the land to be divided in the following manner:

             (1) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or

             (2) In square feet if the area is less than 2 acres.

      (b) All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto.

      (c) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.

      (d) The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.

      (e) Any easements granted or dedications made.

      (f) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.

      4.  A parcel map must include:

      (a) The memorandum of oaths described in NRS 625.320.

      (b) The certificate of the surveyor required pursuant to NRS 278.375.

      (c) The certificate of the Division of Water Resources of the State Department of Conservation and Natural Resources issued pursuant to NRS 278.461, if any.

      (d) The signature of each owner of the land to be divided.

      5.  A governing body may by local ordinance require a parcel map to include:

      (a) A report from a title company which lists the names of:

             (1) Each owner of record of the land to be divided; and

             (2) Each holder of record of a security interest in the land to be divided,

Ê if the security interest was created by a mortgage or a deed of trust.

      (b) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a) to the preparation and recordation of the parcel map. A holder of record of a security interest may consent by signing:

             (1) The parcel map; or

             (2) A separate document that is recorded with the parcel map and declares his consent to the division of land, if the map contains a notation that a separate document has been recorded to this effect.

 

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