Link to Page 1060

 

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ê2007 Statutes of Nevada, Page 1061 (Chapter 288, SB 277)ê

 

             (3) Order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

Ê A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) [For] Except as otherwise provided in section 1 of this act, for a third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender [so] who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  Unless a greater penalty is provided in NRS 484.37955, a person who has previously been convicted of:

      (a) A violation of NRS 484.379 that is punishable as a felony pursuant to paragraph (c) of subsection 1;

      (b) A violation of NRS 484.3795;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; [or]

      (d) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b) or (c) [,] ; or

      (e) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 that was reduced from a felony pursuant to section 1 of this act,

Ê and who violates the provisions of NRS 484.379 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      3.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. An offense which is listed in paragraphs (a) to (d), inclusive, of subsection 2 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      4.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, and section 1 of this act, that portion of the sentence imposed that exceeds the mandatory minimum.

 


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ê2007 Statutes of Nevada, Page 1062 (Chapter 288, SB 277)ê

 

provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, and section 1 of this act, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

      5.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      6.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560 or 485.330 must run consecutively.

      7.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) of subsection 1, the court shall:

      (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

      (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the Department within the time specified in the order,

Ê and the court shall notify the Department if the person fails to complete the assigned course within the specified time.

      8.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      9.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, confined in a treatment facility, on parole or on probation must be excluded.

      10.  As used in this section, unless the context otherwise requires:

      (a) “Concentration of alcohol of 0.18 or more in his blood or breath” means 0.18 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his breath.

 


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ê2007 Statutes of Nevada, Page 1063 (Chapter 288, SB 277)ê

 

      (b) “Offense” means:

             (1) A violation of NRS 484.379 or 484.3795;

             (2) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955; or

             (3) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in subparagraph (1) or (2).

      (c) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

      Sec. 3.  NRS 484.37945 is hereby amended to read as follows:

      484.37945  1.  When a program of treatment is ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792, or section 1 of this act, the court shall place the offender under the clinical supervision of a treatment facility for treatment [for a period not to exceed 1 year,] in accordance with the report submitted to the court pursuant to subsection 3, 4, 5 or 6 of NRS 484.37943 [.] or section 1 of this act. The court shall:

      (a) Order the offender confined in a treatment facility, then release the offender for supervised aftercare in the community; or

      (b) Release the offender for treatment in the community,

Ê for the period of supervision ordered by the court.

      2.  The court shall:

      (a) Require the treatment facility to submit monthly progress reports on the treatment of an offender pursuant to this section; and

      (b) Order the offender, to the extent of his financial resources, to pay any charges for his treatment pursuant to this section. If the offender does not have the financial resources to pay all those charges, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the charges.

      3.  A treatment facility is not liable for any damages to person or property caused by a person who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct,

Ê after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to paragraph (a) or (b) of subsection 1 of NRS 484.3792 [.] , or section 1 of this act.

      Sec. 4.  NRS 484.37947 is hereby amended to read as follows:

      484.37947  The provisions of NRS 484.37943 and 484.37945 , and section 1 of this act do not prohibit a court from:

      1.  Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the State Board of Health pursuant to NRS 484.37935; or

      2.  Ordering the offender to attend a program of treatment that is administered by a private company.

 


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ê2007 Statutes of Nevada, Page 1064 (Chapter 288, SB 277)ê

 

      Sec. 5.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender for a violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792 other than an offender who has been evaluated pursuant to section 1 of this act or a violation of NRS 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified pursuant to chapter 641C of NRS to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 6.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 289, SB 312

Senate Bill No. 312–Senators Horsford, Care, Mathews, Schneider, Wiener and Woodhouse

 

Joint Sponsors: Assemblymen Hardy, Atkinson, Bobzien, Denis, Horne and Oceguera

 

CHAPTER 289

 

AN ACT relating to education; revising provisions relating to the annual reports of accountability information relating to public schools; requiring the State Board of Education to establish alternative criteria for certain high school pupils to receive a standard high school diploma; establishing a process by which a high school pupil may take an examination to demonstrate competency in lieu of attending a course of study; expanding the age of compulsory school attendance from 17 years to 18 years; authorizing certain pupils to earn credit for high school courses before completion of certain requirements for promotion to high school; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      The State Board of Education and each school district are required to prepare annual reports of accountability information. Those reports must include information on the drop out rate of pupils in grades 9 to 12, inclusive. (NRS 385.3469, 385.347, 385.349) Sections 1 and 2 of this bill expand the annual reports of accountability information to include the rate of pupils who drop out of school in grades 6, 7 and 8.

 


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ê2007 Statutes of Nevada, Page 1065 (Chapter 289, SB 312)ê

 

      Existing law requires a pupil to pass all subject areas of the high school proficiency examination for receipt of a standard high school diploma. (NRS 389.015) Section 4 of this bill requires the State Board to prescribe alternative criteria that a pupil may satisfy to receive a standard high school diploma if that pupil passes the mathematics and reading subject areas of the high school proficiency examination but has not passed the examination in its entirety after taking the examination at least three times before 12th grade.

      Current regulations adopted by the State Board allow a pupil to receive credit for a course of study if the pupil demonstrates competency in the course by taking an examination. (NAC 389.670) Section 5 of this bill provides that a pupil may be granted credit for a course without attending the course if he passes an examination, as prescribed by the State Board, demonstrating competency in the subject area of the course.

      Existing law requires the State Board to prescribe requirements for promotion to high school and provides that a pupil must not be promoted to high school until those requirements are met. (NRS 392.033) Section 8 of this bill requires the board of trustees of each school district to adopt a policy for a pupil to be placed on academic probation and to earn credits required for high school while the pupil is completing the requirements for promotion to high school.

      Existing law requires a child between the ages of 7 and 17 years to attend school. (NRS 392.040) Section 9 of this bill expands the age of compulsory school attendance to 18 years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

 


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ê2007 Statutes of Nevada, Page 1066 (Chapter 289, SB 312)ê

 

389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

            (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

 


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ê2007 Statutes of Nevada, Page 1067 (Chapter 289, SB 312)ê

 

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (o) The annual rate of pupils who drop out of school in grades 6, 7 and 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2007 Statutes of Nevada, Page 1068 (Chapter 289, SB 312)ê

 

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma [.] , reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of section 4 of this act; and

                   (II) Paragraph (b) of subsection 1 of section 4 of this act.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (bb) The number and percentage of pupils who [did not receive a high school diploma because the pupils] failed to pass the high school proficiency examination, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2007 Statutes of Nevada, Page 1069 (Chapter 289, SB 312)ê

 

subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      2.  A separate reporting for a subgroup of pupils must not be made pursuant to this section if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

 


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ê2007 Statutes of Nevada, Page 1070 (Chapter 289, SB 312)ê

 

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel [in education] in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall:

      (a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      (b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

 


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ê2007 Statutes of Nevada, Page 1071 (Chapter 289, SB 312)ê

 

             (4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             (5) The percentage of pupils who were not tested;

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph (3);

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

 


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schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grades 6, 7 and 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole . [, excluding] The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

 


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             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

 


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      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma [.] , reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of section 4 of this act; and

                   (II) Paragraph (b) of subsection 1 of section 4 of this act.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who [did not receive a high school diploma because the pupils] failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State.

 


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this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

 


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      (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 3.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  A pupil must receive a standard high school diploma if he:

      (a) Passes all subject areas of the high school proficiency examination administered pursuant to NRS 389.015 and otherwise satisfies the requirements for graduation from high school; or

      (b) Has failed to pass the high school proficiency examination administered pursuant to NRS 389.015 in its entirety not less than three times before beginning grade 12 and the pupil:

            (1) Passes the subject areas of mathematics and reading on the proficiency examination;

             (2) Has an overall grade point average of not less than 2.75 on a 4.0 grading scale;

             (3) Satisfies the alternative criteria prescribed by the State Board pursuant to subsection 3; and

             (4) Otherwise satisfies the requirements for graduation from high school.

      2.  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if he satisfies the requirements set forth in his individualized education program. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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      3.  The State Board shall adopt regulations that prescribe the alternative criteria for a pupil to receive a standard high school diploma pursuant to paragraph (b) of subsection 1, including, without limitation:

      (a) An essay;

      (b) A senior project; or

      (c) A portfolio of work,

Ê or any combination thereof, that demonstrate proficiency in the subject areas on the high school proficiency examination which the pupil failed to pass.

      Sec. 5.  1.  A pupil may be granted credit for a specific course of study without having attended the regularly scheduled classes in the course if he demonstrates his competence to meet the objectives of the course through his performance on an examination prescribed by the State Board.

      2.  The State Board shall adopt regulations that prescribe the:

      (a) Form on which a pupil may apply to the board of trustees of a school district in which he attends school to take an examination pursuant to subsection 1;

      (b) Courses of study for which pupils may take an examination pursuant to subsection 1; and

      (c) Minimum score on each such examination that is required to demonstrate competency in a course.

      Sec. 6.  NRS 389.015 is hereby amended to read as follows:

      389.015  1.  The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

      (a) Reading;

      (b) Mathematics; and

      (c) Science.

      2.  The examinations required by subsection 1 must be:

      (a) Administered before the completion of grades 4, 7, 10 and 11.

      (b) Administered in each school district and each charter school at the same time during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.

      (c) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.

      (d) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      (e) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the examinations shall report the results of the examinations in the form and by the date required by the Department.

 


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      3.  Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

      (a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

      (b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

Ê If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil of each subject area that the pupil failed as soon as practicable but not later than 15 working days after the school receives the results of the examination.

      4.  If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

      5.  If a pupil fails to pass the high school proficiency examination , [administered before the completion of grade 11,] he must not be graduated [until] unless he [is] :

      (a) Is able, through remedial study, to pass the proficiency examination [,] ; or

      (b) Passes the subject areas of mathematics and reading tested on the proficiency examination, has at least a 2.75 grade point average on a 4.0 grading scale and satisfies the alternative criteria prescribed by the State Board pursuant to section 4 of this act,

Ê but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of [17] 18 years.

      6.  The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading, mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10.

 


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from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 7 and 10 in this State to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

      (a) To the extent necessary for administering and evaluating the examinations.

      (b) That a disclosure may be made to a:

             (1) State officer who is a member of the Executive or Legislative Branch to the extent that it is necessary for the performance of his duties;

             (2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

             (3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

             (4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

      (c) That specific questions and answers may be disclosed if the Superintendent of Public Instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

      Sec. 7.  NRS 389.0173 is hereby amended to read as follows:

      389.0173  1.  The Department shall develop an informational pamphlet concerning the high school proficiency examination for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:

      (a) Importance of passing the examination, including, without limitation, an explanation that if the pupil fails the examination , or does not satisfy the requirements of paragraph (b) of subsection 1 of section 4 of this act, he is not eligible to receive a standard high school diploma;

      (b) Subject areas tested on the examination;

      (c) Format for the examination, including, without limitation, the range of items that are contained on the examination;

      (d) Manner by which the scaled score, as reported to pupils and their parents or legal guardians, is derived from the raw score;

      (e) Timeline by which the results of the examination must be reported to pupils and their parents or legal guardians;

      (f) Maximum number of times that a pupil is allowed to take the examination if he fails to pass the examination after the first administration;

      (g) Courses of study that the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the examination and pass the examination; and

      (h) Courses of study which the Department recommends that pupils take in high school to successfully prepare for the college entrance examinations.

      2.  The Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the examination.

      3.  On or before September 1, the Department shall provide a copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level.

 


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      4.  The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.

      5.  On or before January 15, the:

      (a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.

      (b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.

      Sec. 8.  NRS 392.033 is hereby amended to read as follows:

      392.033  1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, which may include the credits to be earned.

      2.  [The] Except as otherwise provided in subsection 4, the board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  The board of trustees of each school district shall adopt a policy that allows a pupil who has not completed the courses of study or credits required for promotion to high school to be placed on academic probation and to enroll in high school or otherwise earn the credits required in high school while the pupil completes the requirements for promotion to high school pursuant to this section. The policy must include the criteria for eligibility of a pupil to be placed on academic probation.

      Sec. 9.  NRS 392.040 is hereby amended to read as follows:

      392.040  1.  Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and [17] 18 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides [.] unless the child has graduated from high school.

      2.  A child who is 5 years of age on or before September 30 of a school year may be admitted to kindergarten at the beginning of that school year, and his enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.

      3.  Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:

 


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      (a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or

      (b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,

Ê and his enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before September 30 of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.

      4.  The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.

      5.  Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the child’s first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging that he has read and understands the policy concerning attendance and the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.

      6.  A child who is 7 years of age on or before September 30 of a school year must:

      (a) If he has completed kindergarten and the first grade, be admitted to the second grade.

      (b) If he has completed kindergarten, be admitted to the first grade.

      (c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.

Ê The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.

      7.  Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:

      (a) Who is 7 years of age on or before September 30 of the next school year; and

 


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ê2007 Statutes of Nevada, Page 1082 (Chapter 289, SB 312)ê

 

      (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,

Ê to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

      8.  A child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.

      9.  As used in this section, “kindergarten” includes:

      (a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;

      (b) A kindergarten established by the governing body of a charter school; and

      (c) An authorized program of instruction for kindergarten offered in a child’s home pursuant to NRS 388.060.

      Sec. 10.  NRS 392.110 is hereby amended to read as follows:

      392.110  1.  Any child between the ages of 14 and [17] 18 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the child from such attendance. The board’s written authority [shall] must state the reason or reasons for such excuse.

      2.  In all such cases no employer or other person shall employ or contract for the services or time of such child until the child presents a written permit therefor from the attendance officer or board of trustees. The permit [shall] must be kept on file by the employer [,] and , upon the termination of employment [shall] , must be returned by the employer to the board of trustees or other authority issuing it.

      Sec. 11.  NRS 392.130 is hereby amended to read as follows:

      392.130  1.  Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of his teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. The teacher or principal shall give his written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, he must receive the approval of the teacher or principal.

      2.  An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.

      3.  If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing, in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.

      4.  An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child.

 


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ê2007 Statutes of Nevada, Page 1083 (Chapter 289, SB 312)ê

 

absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the Department.

      5.  As used in this section, “physically or mentally unable to attend” does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.

      6.  [Notwithstanding the provisions of NRS 392.040 to the contrary, the] The provisions of this section apply to all pupils who are [less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.] required to attend school pursuant to NRS 392.040.

      Sec. 12.  NRS 392.140 is hereby amended to read as follows:

      392.140  1.  Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.

      2.  Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:

      (a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or

      (b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,

Ê may again be declared a habitual truant.

      3.  [Notwithstanding the provisions of NRS 392.040 to the contrary, the] The provisions of this section apply to all pupils who are [less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.] required to attend school pursuant to NRS 392.040.

      Sec. 13.  NRS 392.141 is hereby amended to read as follows:

      392.141  [Notwithstanding the provisions of NRS 392.040 to the contrary, the] The provisions of NRS 392.144, 392.146 and 392.147 apply to all pupils who are [less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.] required to attend school pursuant to NRS 392.040.

      Sec. 14.  NRS 392.149 is hereby amended to read as follows:

      392.149  1.  Upon receipt of a report pursuant to NRS 392.144 or 392.147, if it appears after investigation that a pupil is a habitual truant, the school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.

      2.  A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

      (a) The local law enforcement agency;

      (b) A school police officer employed by the board of trustees of the school district; or

      (c) An attendance officer appointed by the board of trustees of the school district.

      3.  The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.

 


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ê2007 Statutes of Nevada, Page 1084 (Chapter 289, SB 312)ê

 

      4.  [Notwithstanding the provisions of NRS 392.040 to the contrary, the] The provisions of this section apply to all pupils who are [less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.] required to attend school pursuant to NRS 392.040.

      Sec. 15.  NRS 392.160 is hereby amended to read as follows:

      392.160  1.  Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

      (a) Any child between the ages of 7 and [17] 18 years; and

      (b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

Ê who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.

      2.  [Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant any child who is 17 years of age or older but less than 18 years of age if:

      (a) The child is enrolled in a public school; and

      (b) A teacher, superintendent of schools or other school officer has reported the child as absent from instruction.

      3.]  Except as otherwise provided in subsection [4:] 3:

      (a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

      (b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

      [4.] 3.  The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

      Sec. 16.  NRS 392.170 is hereby amended to read as follows:

      392.170  Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:

      1.  Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is [17] under 18 years of age [or younger] and required to attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive.

      2.  Make and file a written report of the investigation and the findings thereof in the records of the board.

      Sec. 17.  NRS 392.180 is hereby amended to read as follows:

      392.180  If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is [17] under 18 years of age [or younger] and required to attend school pursuant to NRS 392.040 has violated any of the provisions of NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive, the clerk of the board of trustees or the governing body of a charter school in which the child is enrolled, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.

 


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ê2007 Statutes of Nevada, Page 1085 (Chapter 289, SB 312)ê

 

proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.

      Sec. 18.  NRS 392.200 is hereby amended to read as follows:

      392.200  Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is [17] under 18 years of age [or younger] and required to attend school pursuant to NRS 392.040 who violates any of the provisions of law requiring the attendance of children in the public schools of this State.

      Sec. 19.  NRS 392.215 is hereby amended to read as follows:

      392.215  Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive:

      1.  Makes a false statement concerning the age or attendance at school;

      2.  Presents a false birth certificate or record of attendance at school; or

      3.  Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,

Ê of a child under [17] 18 years of age who is under his control or charge, is guilty of a misdemeanor.

      Sec. 20.  NRS 394.145 is hereby amended to read as follows:

      394.145  1.  A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

      2.  Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.

      3.  A child who is in the custody of the agency which provides child welfare services, as defined in NRS 432B.030, may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

      4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

      5.  Any parent, guardian or other person who, with intent to deceive under this section:

      (a) Presents a false birth certificate or record of attendance at school; or

      (b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

 


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ê2007 Statutes of Nevada, Page 1086 (Chapter 289, SB 312)ê

 

Ê of a child under [17] 18 years of age who is under his control or charge, is guilty of a misdemeanor.

      Sec. 21.  On or before January 1, 2008, the State Board of Education shall adopt regulations that prescribe, in accordance with section 4 of this act, the alternative criteria for receipt of a standard high school diploma. The regulations must be effective on January 1, 2008, for application to the pupils who graduate in 2008 and thereafter.

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

________

 

CHAPTER 290, SB 356

Senate Bill No. 356–Senator Horsford

 

Joint Sponsor: Assemblywoman Kirkpatrick

 

CHAPTER 290

 

AN ACT relating to the protection of children; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations establishing uniform standards for determining whether immediate action is necessary to protect a child; requiring the Legislative Commission to appoint a subcommittee to conduct a study relating to the placement of children in foster care; and providing other matters properly relating thereto.

 

[Approved: June 1, 2007]

 

Legislative Counsel’s Digest:

      Section 2 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations establishing reasonable and uniform standards for determining whether immediate action is necessary to protect a child from injury, abuse or neglect. (NRS 432B.190)

      Section 4 of this bill requires the Legislative Commission to appoint a subcommittee to conduct a study of issues relating to the placement of children in foster care and methods for reducing the number of children placed in foster care.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this State;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

 


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ê2007 Statutes of Nevada, Page 1087 (Chapter 290, SB 356)ê

 

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395;

      (k) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

             (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

             (2) The procedures for taking a child for placement in protective custody; and

             (3) The state and federal legal rights of:

                   (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                   (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      (l) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child . [; and]

      2.  Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his home, including, without limitation:

      (a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.

      (b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

 


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ê2007 Statutes of Nevada, Page 1088 (Chapter 290, SB 356)ê

 

conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

      3.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  1.  The Legislative Commission shall appoint a subcommittee, consisting of three members of the Senate and three members of the Assembly, to conduct a study during the 2007-2009 interim concerning the placement of children in foster care.

      2.  The subcommittee appointed pursuant to subsection 1 shall, without limitation:

      (a) Study the procedures and standards used in this State for placing children in foster care;

      (b) Review the procedures and standards used in other states for placing children in foster care;

      (c) Review and evaluate the standard for determining when to place a child in protective custody pursuant to NRS 432B.390;

      (d) Address methods to reduce the number of foster care placements in this State, including, without limitation, the placement of children in group foster homes, family foster homes, child welfare facilities and other facilities which house children who have been placed in foster care; and

      (e) Study other issues relating to the placement of children in foster care.

      3.  Any recommendations for legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee.

      4.  The Legislative Commission shall submit a copy of the final written report of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

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

      2.  Section 2 of this act becomes effective on October 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1089ê

 

CHAPTER 291, AB 554

Assembly Bill No. 554–Committee on Government Affairs

 

CHAPTER 291

 

AN ACT relating to bonds; increasing the maximum amount of bonds issued by a school district that may be guaranteed with money from the State Permanent School Fund; extending the deadline for the issuance of certain general obligation bonds to protect, preserve and obtain the benefits of the property and natural resources of this State; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Treasurer may approve using money in the State Permanent School Fund to guarantee up to $25,000,000 in bonds issued by a school district. (NRS 387.516) Section 1 of this bill increases the maximum allowable amount of outstanding bonds of a school district that may be guaranteed under this provision to $40,000,000.

      The Legislature submitted to the voters of this State at the general election held on November 5, 2002, a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000. (Chapter 6, Statutes of Nevada 2001, 17th Special Session, p. 104) The proposal was approved by the voters at the general election. NRS 349.078 prohibits the issuance of bonds more than 6 years after an election that is required to authorize their issuance. Section 2 of this bill extends the period for issuance of those bonds until December 31, 2011.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.516 is hereby amended to read as follows:

      387.516  1.  The board of trustees of a school district may apply to the State Treasurer for a guarantee agreement whereby money in the State Permanent School Fund is used to guarantee the payment of the debt service on bonds that the school district will issue. The amount of the guarantee for bonds of each school district outstanding at any one time must not exceed [$25,000,000.] $40,000,000.

      2.  The application must be on a form prescribed by the State Treasurer. The State Treasurer shall develop the form in consultation with the Executive Director.

      3.  Medium-term obligations entered into pursuant to the provisions of NRS 350.087 to 350.095, inclusive, are not eligible for guarantee pursuant to NRS 387.513 to 387.528, inclusive.

      4.  Upon receipt of an application for a guarantee agreement from a school district, the State Treasurer shall provide a copy of the application and any supporting documentation to the Executive Director. As soon as practicable after receipt of a copy of an application, the Executive Director shall investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested. The Executive Director shall submit a written report of his investigation to the State Board of Finance indicating his opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.

 


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ê2007 Statutes of Nevada, Page 1090 (Chapter 291, AB 554)ê

 

State Board of Finance indicating his opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.

      Sec. 2.  Notwithstanding the provisions of NRS 349.078, the State Board of Finance may continue to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State pursuant to chapter 6, Statutes of Nevada 2001, 17th Special Session, under the terms and conditions of that act until December 31, 2011. The provisions of that act apply to all such issuances of bonds, including, without limitation, to the manner of their issuance and the authorized uses of the proceeds of the bonds.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 292, AB 531

Assembly Bill No. 531–Committee on Commerce and Labor

 

CHAPTER 292

 

AN ACT relating to private investigators; making certain changes concerning the membership of the Private Investigator’s Licensing Board; removing the Executive Director of the Board from the unclassified service of the State; creating the Fund for the Private Investigator’s Licensing Board; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Private Investigator’s Licensing Board to license and regulate private investigators, private patrolmen, process servers, dog handlers, security consultants and polygraphic examiners. (Chapter 648 of NRS) Further, existing law provides that the Attorney General serves as Chairman of the Board and that money received by the Board pursuant to the provisions of chapter 648 of NRS must be deposited in the Attorney General’s Special Fund. (NRS 648.020, 648.040) Section 1 of this bill removes the Attorney General from the membership of the Board and adds another member to the Board who is a representative of the general public. (NRS 648.020) Section 1 also requires the members of the Board to elect a Chairman from among the members. The Chairman serves a 2-year term beginning on July 1 of each year. Section 2 of this bill removes the Executive Director of the Board from the unclassified service of the State. (NRS 648.025) Section 2 also authorizes the Board to employ an Executive Director who serves at the pleasure of the Board and requires the Board to establish the compensation of the Executive Director. Section 3 of this bill creates the Fund for the Private Investigator’s Licensing Board and provides that any money received by the Board pursuant to the provisions of chapter 648 of NRS must be deposited in the State Treasury for credit to the Fund. Money in the Fund must be used by the Board for the administration of the provisions of chapter 648 of NRS and to pay the expenses and salary of members, agents and employees of the Board. (NRS 648.040)

 


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

ê2007 Statutes of Nevada, Page 1091 (Chapter 292, AB 531)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 648.020 is hereby amended to read as follows:

      648.020  1.  The Private Investigator’s Licensing Board, consisting of [the Attorney General or his deputy and four] five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) One member who is a private investigator.

      (b) One member who is a private patrolman.

      (c) One member who is a polygraphic examiner.

      (d) [One member who is a representative] Two members who are representatives of the general public. [This member] These members must not be:

             (1) A licensee; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensee.

      3.  The members of the Board shall elect a Chairman of the Board [is the Attorney General or a deputy attorney general designated by the Attorney General to act in that capacity.] from among its members by majority vote. After the initial election, the Chairman shall hold office for a term of 2 years beginning on July 1 of each year. If a vacancy occurs in the chairmanship, the members of the Board shall elect a Chairman from among its members for the remainder of the unexpired term.

      4.  Each member of the Board [, except the Chairman,] is entitled to receive:

      (a) A salary of not more than $80, as fixed by the Board, for each day or portion of a day during which he attends a meeting of the Board; and

      (b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      5.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      6.  [The] A member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 2.  NRS 648.025 is hereby amended to read as follows:

      648.025  1.  The Board may:

      [1.  Appoint]

      (a) Employ an Executive Director who:

      [(a) Is in the unclassified service of the State; and

      (b)] (1) Is the chief administrative officer of the Board;

             (2) Serves at the pleasure of the Board; and

             (3) Shall perform such duties as the Board may prescribe; and

      [2.] (b) Employ investigators and clerical personnel necessary to carry out the provisions of this chapter.

      2.  The Board shall establish the compensation of the Executive Director.

 


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ê2007 Statutes of Nevada, Page 1092 (Chapter 292, AB 531)ê

 

      Sec. 3.  NRS 648.040 is hereby amended to read as follows:

      648.040  1.  There is hereby created in the State General Fund the Fund for the Private Investigator’s Licensing Board, to be administered by the Board.

      2.  Except as otherwise provided in subsection [6,] 7, all money received pursuant to the provisions of this chapter must be deposited in the State Treasury for credit to the [Attorney General’s Special] Fund for the Private Investigator’s Licensing Board and must be used by the Board for the administration of this chapter and to pay the expenses and salary of members, agents and employees of the Board.

      [2.] 3.  All claims against the Fund must be paid as other claims against the State are paid. Any amount remaining in the Fund at the end of a fiscal year must be carried forward into the next fiscal year.

      [3.] 4.  The Board through majority vote controls exclusively the expenditures from the Fund. The Board may not make expenditures or incur liabilities in a total amount greater than the amount of money actually available in the Fund.

      [4.] 5.  Except as otherwise provided in subsection [6,] 7, the money in this Fund may be used to:

      (a) Pay the expenses of the Board in connection with the investigation of the background of an applicant;

      (b) Finance a substantive investigation of a licensee or of unlicensed activity; and

      (c) Pay the operational and administrative expenses of the Board and its Secretary,

Ê and for such other expenses as the Board deems appropriate to regulate the persons subject to its supervision.

      [5.] 6.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the State Treasury for credit to the [Attorney General’s Special Fund.

      6.] Fund for the Private Investigator’s Licensing Board.

      7.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [5,] 6, the Board shall deposit the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund. In such a case, the Board may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 4.  On July 1, 2007:

      1.  The State Controller shall transfer all money received pursuant to the provisions of chapter 648 of NRS and remaining in the Attorney General’s Special Fund to the Fund for the Private Investigator’s Licensing Board created pursuant to NRS 648.040, as amended by this act.

      2.  All assets and liabilities of the Attorney General’s Special Fund which concern the activities of the Private Investigator’s Licensing Board become the assets and liabilities of the Fund for the Private Investigator’s Licensing Board.

      Sec. 5.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 1093ê

 

CHAPTER 293, AB 529

Assembly Bill No. 529–Committee on Government Affairs

 

CHAPTER 293

 

AN ACT relating to the State Fire Marshal; clarifying that, with certain exceptions, regulations adopted by the State Fire Marshal concerning building codes do not apply in certain larger counties; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Fire Marshal is required to enforce all laws and adopt regulations relating, in pertinent part, to the safety, access, means and adequacy of exit in case of fire from certain buildings used by the public. (NRS 477.030) In accordance with this duty, the State Fire Marshal has adopted by reference in regulation the International Fire Code, 2003 Edition, Volume 1, and the International Building Code, 2003 edition, Volumes 1 and 2, with certain changes. (NAC 477.281, 477.283) Although the regulations adopted by the State Fire Marshal apply throughout the State, the State Fire Marshal is only authorized under existing law to enforce those regulations: (1) with respect to buildings owned or occupied by the State; and (2) in counties whose population is less than 100,000 other than consolidated municipalities (currently counties other than Clark and Washoe Counties and Carson City). In counties whose population is 100,000 or more (currently Clark and Washoe Counties and Carson City), the local jurisdictions in those counties are required to enforce the regulations of the State Fire Marshal except if a local jurisdiction in such a county requests the State Fire Marshal to perform such enforcement. (NRS 477.030) Existing law also authorizes the governing body of a city or county to adopt building codes and authorizes boards of county commissioners to regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county. (NRS 244.3675, 268.413, 278.580)

      This bill makes the regulations adopted by the State Fire Marshal concerning building codes inapplicable in a county whose population is 400,000 or more (currently Clark County) if that county has adopted a code at least as stringent as the International Fire Code and the International Building Code, except with respect to buildings owned or occupied by the State and public schools and except in a local jurisdiction in such a county in which the State Fire Marshal is requested to enforce those regulations by the chief executive officer of the jurisdiction. To maintain the exemption from the applicability of those regulations of the State Fire Marshal, the code of the county must be at least as stringent as the most recently published editions of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of:

             (1) Combustibles, flammables and fireworks; and

             (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

 


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ê2007 Statutes of Nevada, Page 1094 (Chapter 293, AB 529)ê

 

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê [The] Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but [,] except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

      2.  The State Fire Marshal may:

      (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

      (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

      3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

      6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

      (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

 


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ê2007 Statutes of Nevada, Page 1095 (Chapter 293, AB 529)ê

 

      (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

      8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The State Fire Marshal shall:

      (a) [Assist] Except as otherwise provided in subsection 12, assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as he deems necessary.

      10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

      11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

      (a) Commercial trucking;

      (b) Environmental crimes;

      (c) Explosives and pyrotechnics;

      (d) Drugs or other controlled substances; or

      (e) Any similar activity specified by the State Fire Marshal.

      12.  Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

      (a) Do not apply in a county whose population is 400,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council.

 


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ê2007 Statutes of Nevada, Page 1096 (Chapter 293, AB 529)ê

 

Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

      (b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 2.  NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.580, 278.582 , [and] 444.340 to 444.430, inclusive, and 477.030, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada, the Nevada System of Higher Education or any school district.

      Sec. 3.  NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.580, 278.582 , [and] 444.340 to 444.430, inclusive, and 477.030, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada, the Nevada System of Higher Education or any school district.

      Sec. 4.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 1097ê

 

CHAPTER 294, AB 533

Assembly Bill No. 533–Committee on Government Affairs

 

CHAPTER 294

 

AN ACT relating to notaries public; revising provisions pertaining to the training of notaries public; revising provisions governing the notarization of the signature of a person unknown to the notary public; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Secretary of State is allowed to adopt regulations prescribing the procedure for the voluntary training of notaries public and is allowed to provide courses of study for the voluntary training of notaries public. (NRS 240.017, 240.018) Sections 1-4 of this bill provide that such training is mandatory for: (1) a person applying for appointment as a notary public for the first time; (2) a person renewing his appointment as a notary public, if his appointment has expired for a period greater than 1 year; and (3) a person renewing his appointment as a notary public, if he has been fined for failing to comply with a statute or regulation of this State relating to notaries public during his immediately preceding period of appointment.

      Under existing law, a notary public is guilty of a gross misdemeanor if he notarizes the signature of a person in his presence who is unknown to him unless the person provides documentary evidence of his identity. (NRS 240.155) Existing law also provides that a notarial officer has satisfactory evidence that a person is the person whose signature is on a document if, in pertinent part, the person is identified upon the oath and affirmation of a credible witness. (NRS 240.1655) A credible witness is a person who is known personally to the signer of the document and the notarial officer. (NRS 240.0025) Section 5 of this bill resolves the conflict between those provisions by providing an additional exception to the criminal penalty which allows a notary public to notarize the signature of a person unknown to him who provides a credible witness.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 240.010 is hereby amended to read as follows:

      240.010  1.  The Secretary of State may appoint notaries public in this State.

      2.  The Secretary of State shall not appoint as a notary public a person:

      (a) Who submits an application containing a substantial and material misstatement or omission of fact.

      (b) Whose previous appointment as a notary public in this State has been revoked.

      (c) Who has been convicted of a crime involving moral turpitude, if the Secretary of State is aware of such a conviction before he makes the appointment.

      (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

      (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that he has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

 


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ê2007 Statutes of Nevada, Page 1098 (Chapter 294, AB 533)ê

 

      3.  A notary public may cancel his appointment by submitting a written notice to the Secretary of State.

      4.  It is unlawful for a person to:

      (a) Represent himself as a notary public appointed pursuant to this section if he has not received a certificate of appointment from the Secretary of State pursuant to this chapter.

      (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

      5.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 4.

      Sec. 2.  NRS 240.017 is hereby amended to read as follows:

      240.017  The Secretary of State:

      1.  May adopt regulations:

      (a) Prescribing the procedure for the appointment and [voluntary] mandatory training of a notary public.

      (b) Establishing procedures for the notarization of digital or electronic signatures.

      2.  Shall adopt regulations prescribing the form of each affidavit required pursuant to subsection 2 of NRS 240.030.

      Sec. 3.  NRS 240.018 is hereby amended to read as follows:

      240.018  1.  The Secretary of State may:

      (a) Provide courses of study for the [voluntary] mandatory training of notaries public . [at such times and for such duration as he determines appropriate; and] Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

      (b) Charge a reasonable fee to each person who enrolls in a course of study for the [voluntary] mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his appointment as a notary public, if his appointment as a notary public has expired for a period greater than 1 year.

      (c) A person renewing his appointment as a notary public, if during the immediately preceding 4 years he has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if he is in compliance with all of the statutes and regulations of this State relating to notaries public.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the Notary Public Training Fund which is hereby created as a special revenue fund in the State Treasury. The Fund must be administered by the Secretary of State. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund and the balance in the Fund must be carried forward. All claims against the Fund must be paid as other claims against the State are paid. The money in the Fund may be expended only to pay for expenses related to providing courses of study for the [voluntary] mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials.

 


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ê2007 Statutes of Nevada, Page 1099 (Chapter 294, AB 533)ê

 

expended only to pay for expenses related to providing courses of study for the [voluntary] mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials.

      Sec. 4.  NRS 240.030 is hereby amended to read as follows:

      240.030  1.  Except as otherwise provided in subsection 4, each person applying for appointment as a notary public must:

      (a) At the time he submits his application, pay to the Secretary of State $35.

      (b) Take and subscribe to the oath set forth in Section 2 of Article 15 of the Constitution of the State of Nevada as if he were a public officer.

      (c) Submit to the Secretary of State proof satisfactory to the Secretary of State that he has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      (d) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. The applicant shall submit to the Secretary of State a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

      2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public, including, without limitation, a court reporter, who resides in an adjoining state must submit to the Secretary of State with his application:

      (a) An affidavit setting forth the adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada; and

      (b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:

             (1) The employer is licensed to do business in the State of Nevada; and

             (2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

      3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant must not be required to disclose his residential address or telephone number on any such document which will become available to the public.

      4.  A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.

      5.  If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this State in which the applicant maintains a place of business or is employed. On a form provided by the Secretary of State, the county clerk shall immediately certify to the Secretary of State that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

 


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ê2007 Statutes of Nevada, Page 1100 (Chapter 294, AB 533)ê

 

required bond and oath have been filed and recorded, the Secretary of State shall issue a certificate of appointment as a notary public to the applicant.

      6.  Except as otherwise provided in subsection 7, the term of a notary public commences on the effective date of the bond required pursuant to paragraph [(c)] (d) of subsection 1. A notary public shall not perform a notarial act after the effective date of the bond unless he has been issued a certificate of appointment.

      7.  The term of a notary public with limited powers commences on the date set forth in his certificate of appointment.

      8.  Except as otherwise provided in this subsection, the Secretary of State shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the Secretary of State shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.

      Sec. 5.  NRS 240.155 is hereby amended to read as follows:

      240.155  1.  A notary public who is appointed pursuant to this chapter shall not willfully notarize the signature of a person unless the person is in the presence of the notary public and:

      (a) Is known to the notary public; or

      (b) If unknown to the notary public, provides a credible witness or documentary evidence of identification to the notary public.

      2.  A person who:

      (a) Violates the provisions of subsection 1; or

      (b) Aids and abets a notary public to commit a violation of subsection 1,

Ê is guilty of a gross misdemeanor.

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ê2007 Statutes of Nevada, Page 1101ê

 

CHAPTER 295, AB 535

Assembly Bill No. 535–Committee on Judiciary

 

CHAPTER 295

 

AN ACT relating to gaming; revising the provisions governing which persons are required to register as gaming employees; providing that foreign limited-liability companies and foreign limited partnerships may obtain state gaming licenses; revising the provisions governing the acquisition or disposition of certain interests in certain corporations, limited-liability companies and limited partnerships; prohibiting certain acts involving counterfeit wagering instruments and counterfeit promotional items; making various other changes pertaining to gaming; providing penalties; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the State Gaming Control Board is required to maintain and make available to every licensee a list of persons who have been denied a license, been found unsuitable or had a license or finding of suitability revoked by the Nevada Gaming Commission. (NRS 463.165, 463.167, 463.645) Sections 1, 5, 6 and 22 of this bill reorganize the provisions pertaining to that list and provide that a person whose name is on the list may apply to have his name removed from the list no earlier than 5 years after his license was denied, he was found unsuitable or his license or finding of suitability was revoked.

      Independent agents who reside in Nevada are currently required to register as independent agents pursuant to the regulations adopted by the Nevada Gaming Commission and are additionally required to register as gaming employees pursuant to statute, whereas independent agents who reside outside Nevada are required only to register as independent agents. (NRS 463.335; Regulation 25 of the Nevada Gaming Commission) Sections 2-4, 7 and 8 of this bill remove the requirement that independent agents who reside in Nevada must register as gaming employees. Section 2 also provides that persons involved in the process of registration of gaming employees and persons directly involved in the manufacture, repair or distribution of gaming devices and other systems and equipment must be registered as gaming employees.

      Section 9 of this bill revises the existing provisions pertaining to disputes involving patrons and licensees to make those provisions apply to the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event. (NRS 463.362)

      Sections 10-12, 15 and 18 of this bill revise existing law to allow foreign limited-liability companies and limited partnerships to obtain state gaming licenses. (NRS 463.564, 463.5731)

      Sections 13, 14, 16, 17, 19 and 20 of this bill require holding companies and intermediary companies for certain corporations, limited-liability companies and limited partnerships to seek administrative approval for the acquisition or disposition of certain interests in such entities. Existing law is also amended to provide that such acquisitions or dispositions are void if not approved as required, rather than ineffective. (NRS 463.5665, 463.567, 463.57325, 463.5733)

 


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ê2007 Statutes of Nevada, Page 1102 (Chapter 295, AB 535)ê

 

      Existing law provides that each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that his acquisition of that ownership would otherwise be inconsistent with the declared policy of this State. (NRS 463.643) Section 21 of this bill provides that a person may also be required to be found suitable if the person acquires beneficial or record ownership of any non-voting security in such a corporation.

      Section 22 of this bill makes the provisions concerning unsuitable and unlicensed persons associated with certain business entities consistent with other statutory provisions by expressly stating that such persons may not receive remuneration, enter into a contract or be employed by any licensee or affiliate of a licensee. (NRS 463.165, 463.166, 463.645)

      Under existing law, the Nevada Gaming Commission may, by regulation, authorize a person who owns an antique gaming device to sell that antique gaming device without procuring a license. “Antique gaming device” is defined in existing law as a gaming device that was manufactured before 1951. (NRS 463.650) Section 22.5 of this bill revises the definition of “antique gaming device” to mean a gaming device that was manufactured before 1961.

      Section 24 of this bill amends the existing prohibition against the use of counterfeit wagering instruments to make unlawful the possession, sale or manufacture of such counterfeit wagering instruments. (NRS 465.080) Section 24 also prohibits the possession, use, sale or manufacture of counterfeit promotional items.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board shall maintain and make available to every licensee a complete and current list containing the names of every person who has been denied a license, been found unsuitable or had a license or finding of suitability revoked by the Commission.

      2.  Any person whose name has been placed on the list maintained by the Board pursuant to subsection 1 may apply, on a form prescribed by the Board, for removal of his name from the list no earlier than 5 years after the date on which the person was denied a license, found unsuitable or had a license or finding of suitability revoked by the Commission.

      Sec. 2.  NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxmen;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

 


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ê2007 Statutes of Nevada, Page 1103 (Chapter 295, AB 535)ê

 

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

      (i) Employees [of manufacturers or distributors of gaming equipment within this State] whose duties are directly involved with the manufacture, repair or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      (l) Employees whose responsibilities include performing the duties relating to the process of registration of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      (m) Floormen;

      [(m)] (n) Hosts or other persons empowered to extend credit or complimentary services;

      [(n)] (o) Keno runners;

      [(o)] (p) Keno writers;

      [(p)] (q) Machine mechanics;

      [(q)] (r) Odds makers and line setters;

      [(r)] (s) Security personnel;

      [(s)] (t) Shift or pit bosses;

      [(t)] (u) Shills;

      [(u)] (v) Supervisors or managers;

      [(v)] (w) Ticket writers; and

      [(w)] (x) Employees of a person required by NRS 463.160 to be licensed to operate an information service.

      2.  “Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.

      Sec. 3.  NRS 463.01858 is hereby amended to read as follows:

      463.01858  “Registered as a gaming employee” means authorized to be employed as a gaming employee in this State . [or to serve as an independent agent.]

      Sec. 4.  NRS 463.01955 is hereby amended to read as follows:

      463.01955  “Temporarily registered as a gaming employee” means authorized to be employed as a gaming employee in this State [or serve as an independent agent] from the date of submitting a complete application for registration or renewal of registration for a period not to exceed 120 days following receipt of the complete application by the Board, including classifiable fingerprints, unless otherwise suspended.

      Sec. 5.  NRS 463.165 is hereby amended to read as follows:

      463.165  1.  Except for persons associated with licensed corporations, limited partnerships or limited-liability companies and required to be licensed pursuant to NRS 463.530, 463.569 or 463.5735, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the Commission, has the power to exercise a significant influence over the licensee’s operation of a gaming establishment may be required to apply for a license.

 


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a gaming licensee who, in the opinion of the Commission, has the power to exercise a significant influence over the licensee’s operation of a gaming establishment may be required to apply for a license.

      2.  A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the Commission requests that he do so.

      3.  If an employee required to be licensed under subsection 1:

      (a) Does not apply for a license within 30 days after being requested to do so by the Commission, and the Commission makes a finding of unsuitability for that reason;

      (b) Is denied a license; or

      (c) Has his license revoked by the Commission,

Ê the licensee by whom he is employed shall terminate his employment in any capacity in which he is required to be licensed and shall not permit him to exercise a significant influence over the operation of the gaming establishment upon being notified by registered or certified mail of that action.

      4.  A gaming licensee or an affiliate of the licensee shall not pay to a person whose employment has been terminated pursuant to subsection 3 any remuneration for any service performed in any capacity in which he is required to be licensed, except for amounts due for services rendered before the date of receipt of notice of the action by the Commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee or an affiliate of the licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      5.  A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the Commission, enter into any contract or agreement with a person who is found unsuitable or who is denied a license or whose license is revoked by the Commission, [and whose name has been placed on the list maintained pursuant to subsection 8,] or with any business enterprise that the licensee knows or under the circumstances reasonably should know is under the control of that person after the date of receipt of notice of the action by the Commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      6.  A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the Commission, employ any person in a capacity for which [he] the person is required to be licensed, if [he] the person has been found unsuitable or denied a license, or [whose] if his license has been revoked by the Commission, [and whose name has been placed on the list maintained pursuant to subsection 8,] after the date of receipt of notice of the action by the Commission. Every contract or agreement for employment with a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise.

 


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a gaming licensee or an affiliate shall be deemed to include a provision for its termination without liability on the part of the licensee or affiliate upon a finding by the Commission that the person is unsuitable to be associated with a gaming enterprise. Failure to expressly include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      7.  As used in this section, “affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a licensee.

      [8.  The Board shall maintain and make available to every licensee a complete and current list containing the names of every person the Commission has denied a license, who has been found unsuitable or who has had a license or finding of suitability revoked. The list must also contain the names of any business organization under the control of any such person known to the Board.]

      Sec. 6.  NRS 463.167 is hereby amended to read as follows:

      463.167  1.  The Commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which the person receives payments based on earnings, profits or receipts from gaming. The Commission may require any such person to comply with the requirements of this chapter and with the regulations of the Commission. If the Commission determines that any such person is unsuitable, it may require the arrangement to be terminated.

      2.  If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with the licensee, the Commission may, upon recommendation of the Board, require the application of any person for a determination of suitability to be associated with a gaming enterprise if the person:

      (a) Does business on the premises of the licensed gaming establishment;

      (b) Is an independent agent or does business with a licensed gaming establishment as a ticket purveyor, a tour operator, the operator of a bus program, or as the operator of any other type of casino travel program or promotion; or

      (c) Provides any goods or services to the licensed gaming establishment for a compensation which the Board finds to be grossly disproportionate to the value of the goods or services.

      3.  If the Commission determines that the person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of subsection 2, is subject to termination upon a finding of unsuitability of the person associated therewith. Every such agreement must be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the Commission may pursue any remedy or combination of remedies provided in this chapter.

 


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the unsuitable association is not terminated, the Commission may pursue any remedy or combination of remedies provided in this chapter.

      [4.  The name of any person determined to be unsuitable pursuant to this section must be included on the list required pursuant to subsection 8 of NRS 463.165.]

      Sec. 7.  NRS 463.335 is hereby amended to read as follows:

      463.335  1.  The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:

      (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees [and independent agents] in the State of Nevada; and

      (b) Maintain confidential records of such information.

      2.  [Except as otherwise provided in subsection 4, a] A person may not be employed as a gaming employee [or serve as an independent agent] unless he is temporarily registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked becomes employed as a gaming employee at another or additional gaming establishment, he must file a change of employment notice within 10 days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.

      3.  The Board shall prescribe the forms for the application for registration as a gaming employee and the change of employment notice.

      4.  [An independent agent is not required to be registered as a gaming employee if he is not a resident of this State and has registered with the Board in accordance with the provisions of the regulations adopted by the Commission.

      5.]  A complete application for registration or renewal of registration as a gaming employee or a change of employment notice received by a licensee must be mailed or delivered to the Board within 5 business days [of] after receipt unless the date is administratively extended by the Chairman of the Board for good cause. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.

      [6.] 5.  The Board shall immediately conduct an investigation of each person who files an application for registration or renewal of registration as a gaming employee to determine whether he is eligible for registration as a gaming employee. In conducting the investigation, two complete sets of the applicant’s fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for:

      (a) A report concerning the criminal history of the applicant; and

      (b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.

Ê The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.

 


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ê2007 Statutes of Nevada, Page 1107 (Chapter 295, AB 535)ê

 

processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.

      [7.] 6.  Upon receipt of a change of employment notice, the Board may conduct any investigations of the gaming employee that the Board deems appropriate to determine whether the gaming employee may remain registered as a gaming employee. The filing of a change of employment notice constitutes an application for registration as a gaming employee, and if the Board, after conducting its investigation, suspends or objects to the continued registration of the gaming employee, the provisions of subsections [11 to 17,] 10 to 16, inclusive, apply to such suspension by or objection of the Board. No fee may be charged by the Board to cover the actual investigative and administrative costs related to processing a change of employment notice.

      [8.] 7.  Except as otherwise prescribed by regulation of the Commission, an applicant for registration or renewal of registration as a gaming employee is deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which he will commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee . [or, in the case of an independent agent, 5 years after the date he contracts with an applicable licensee.] Any subsequent renewal of registration as a gaming employee, unless objected to by the Board or suspended or revoked, expires 5 years after the expiration date of the most recent registration or renewal of registration of the gaming employee.

      [9.] 8.  If, within 120 days after receipt by the Board of a complete application for registration or renewal of registration as a gaming employee, including classifiable fingerprints, or a change of employment notice, the Board has not notified the applicable licensee of any suspension or objection, the applicant shall be deemed to be registered as a gaming employee. A complete application for registration or renewal of registration as a gaming employee is composed of:

      (a) The fully completed form for application for registration as a gaming employee prescribed in subsection 3;

      (b) Two complete sets of the fingerprints of the applicant, unless directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History;

      (c) The fee for processing the application for registration or renewal of registration as a gaming employee prescribed by the Board pursuant to subsection [6,] 5, unless otherwise prescribed by regulation of the Commission; and

      (d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351.

Ê If the Board determines after receiving an application for registration or renewal of registration as a gaming employee that the application is incomplete, the Board may suspend the temporary registration as a gaming employee of the applicant who filed the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as he files a complete application.

 


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ê2007 Statutes of Nevada, Page 1108 (Chapter 295, AB 535)ê

 

whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as he files a complete application.

      [10.] 9.  A person who is temporarily registered or registered as a gaming employee is eligible for employment in any licensed gaming establishment in this State until such registration is objected to by the Board, expires or is suspended or revoked. The Commission shall adopt regulations to:

      (a) Establish uniform procedures for the registration of gaming employees;

      (b) Establish uniform criteria for objection by the Board of an application for registration; and

      (c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who is registered as a gaming employee and each person whose registration as a gaming employee has expired, was objected to by the Board, or was suspended or revoked. The system of records must be accessible by:

             (1) Licensees for the limited purpose of complying with subsection 2; and

             (2) The Central Repository for Nevada Records of Criminal History for the limited purpose of complying with NRS 179D.570.

      [11.] 10.  If the Board, within the 120-day period prescribed in subsection [9,] 8, notifies:

      (a) The applicable licensee; and

      (b) The applicant,

Ê that the Board suspends or objects to the temporary registration of an applicant as a gaming employee, the licensee shall immediately terminate the applicant from employment or reassign him to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.

      [12.] 11.  Any person whose application for registration or renewal of registration as a gaming employee has been suspended or objected to by the Board may, not later than 60 days after receiving notice of the suspension or objection, apply to the Board for a hearing. A failure of a person whose application has been objected to or suspended to apply for a hearing within 60 days or his failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the suspension or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence, and shall, within 45 days after the date of the hearing, mail to the applicant its decision sustaining or reversing the suspension or the objection to the registration of the applicant as a gaming employee.

      [13.] 12.  The Board may suspend or object to the registration of an applicant as a gaming employee for any cause deemed reasonable by the Board. The Board may object to or suspend the registration if the applicant has:

      (a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for registration as a gaming employee;

 


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ê2007 Statutes of Nevada, Page 1109 (Chapter 295, AB 535)ê

 

      (b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;

      (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this State concerning gaming;

      (d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this State or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this State and which relates to the applicant’s suitability or qualifications to work as a gaming employee;

      (e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

      (f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

      (g) Had registration as a gaming employee revoked or committed any act which is a ground for the revocation of registration as a gaming employee or would have been a ground for revoking registration as a gaming employee if the applicant had then been registered as a gaming employee.

Ê If the Board registers or does not suspend or object to the registration of an applicant as a gaming employee, it may specially limit the period for which the registration is valid, limit the job classifications for which the registered gaming employee may be employed and establish such individual conditions for the renewal and effectiveness of the registration as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances. If a gaming employee fails to comply with any limitation or condition placed on the effectiveness of his registration as a gaming employee, notwithstanding any other provision of this section, the Board may object to his registration. If the Board objects to his registration, the provisions regarding the continued effectiveness of the registration and the review of the objection set forth in subsections 10 to 16, inclusive, apply, including, without limitation, the requirement to notify the applicable licensee about the objection.

      [14.] 13.  Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Board’s decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.

      [15.] 14.  The Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning the registration or renewal of registration of gaming employees:

      (a) Conducting a hearing and taking testimony;

      (b) Reviewing the testimony and evidence presented at the hearing;

      (c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the suspension of or the objection to the registration of an applicant as a gaming employee; and

 


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ê2007 Statutes of Nevada, Page 1110 (Chapter 295, AB 535)ê

 

      (d) Notifying the applicant of the decision.

      [16.] 15.  Notice by the Board as provided pursuant to subsections 1 to [15,] 14, inclusive, is sufficient if it is mailed to the applicant’s last known address as indicated on the application for registration as a gaming employee or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

      [17.] 16.  Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section, all lists of persons registered as gaming employees, all lists of persons suspended or objected to by the Board and all records of the names or identity of persons engaged in the gaming industry in this State are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as a gaming employee or is registered as a gaming employee, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.

      [18.] 17.  If the Central Repository for Nevada Records of Criminal History, in accordance with the provisions of NRS 179D.570, provides the Board with the name and other identifying information of a registered gaming employee who is not in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person that, unless he provides the Board with verifiable documentation confirming that he is currently in compliance with the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any other provisions of this section, conduct a hearing for the purpose of determining whether the registration of the person as a gaming employee must be suspended for noncompliance with the provisions of chapter 179D of NRS.

      [19.] 18.  Notwithstanding any other provisions of this section, if a person notified by the Board pursuant to subsection [18] 17 does not provide the Board, within the 15 days prescribed therein, with verifiable documentation establishing that he is currently in compliance with the provisions of chapter 179D of NRS, the Chairman of the Board shall, within 10 days thereof, appoint a hearing examiner to conduct a hearing to determine whether the person is, in fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days after the date he is appointed by the Chairman, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner is appointed by the Chairman, unless administratively extended by the Chairman for good cause. At the hearing, the hearing examiner may take any testimony deemed necessary and shall render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History.

 


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ê2007 Statutes of Nevada, Page 1111 (Chapter 295, AB 535)ê

 

render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History. The hearing examiner shall notify the person of his decision within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section shall be deemed to be an admission that the findings of the hearing examiner are well-founded.

      [20.] 19.  If, after conducting the hearing prescribed in subsection [19,] 18, the hearing examiner renders a decision that the person who is the subject of the hearing:

      (a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall, notwithstanding any other provisions of this section:

             (1) Suspend the registration of the person as a gaming employee;

             (2) Notify the person to contact the Central Repository for Nevada Records of Criminal History to determine the actions that he must take to be in compliance with the provisions of chapter 179D of NRS; and

             (3) Notify the licensee for which the person is employed as a gaming employee, in the manner prescribed in subsection [21,] 20, that the Board has suspended the registration of the person as a gaming employee and that the licensee must immediately terminate the person from employment or reassign him to a position that does not require registration as a gaming employee.

      (b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the Central Repository for Nevada Records of Criminal History, in the manner prescribed in subsection [21,] 20, of the findings of the hearing examiner.

      [21.] 20.  Notice as provided pursuant to subsections [18, 19 and 20] 17, 18 and 19 is sufficient if it is mailed to the person’s last known address as indicated on the most recent application for registration as a gaming employee or the record of the hearing, or to the person at his place of gaming employment. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

      [22.] 21.  The Board shall remove a suspension entered in accordance with subsection [20] 19 and reinstate the registration of a person as a gaming employee upon receipt of verifiable documentation confirming that the person is currently in compliance with the provisions of chapter 179D of NRS.

      Sec. 8.  NRS 463.337 is hereby amended to read as follows:

      463.337  1.  If any gaming employee [or independent agent,] who is registered as a gaming employee with the Board [,] is convicted of any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the Commission finds that a registered gaming employee employed by [or a registered independent agent contracting with] the licensee has been guilty of cheating, the Commission shall, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, revoke the registration.

      2.  The Commission may revoke the registration of a gaming employee [or independent agent] if the Commission finds, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gaming employee [or independent agent] has failed to disclose, misstated or otherwise misled the Board in respect to any fact contained within any application for registration as a gaming employee or, subsequent to being registered as a gaming employee:

 


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ê2007 Statutes of Nevada, Page 1112 (Chapter 295, AB 535)ê

 

otherwise misled the Board in respect to any fact contained within any application for registration as a gaming employee or, subsequent to being registered as a gaming employee:

      (a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B, 464 or 465 of NRS;

      (b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;

      (c) Concealed or refused to disclose any material fact in any investigation by the Board;

      (d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;

      (e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;

      (f) Accepted employment without prior Commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the Commission;

      (g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;

      (h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;

      (i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or

      (j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.

      3.  A gaming employee [or independent agent] whose registration as a gaming employee has been revoked pursuant to this section is entitled to judicial review of the Commission’s action in the manner prescribed by NRS 463.315 to 463.318, inclusive.

      4.  Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.

      Sec. 9.  NRS 463.362 is hereby amended to read as follows:

      463.362  1.  Whenever a [licensee and a] patron and a licensee, or any person acting on behalf of or in conjunction with a licensee, have any dispute [as to alleged] which cannot be resolved to the satisfaction of the patron and which involves:

      (a) Alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event; or

      (b) The manner in which a game , tournament, contest, drawing, promotion or similar activity or event is conducted,

 


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ê2007 Statutes of Nevada, Page 1113 (Chapter 295, AB 535)ê

 

Ê the licensee [and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:] is responsible for notifying the Board or patron in accordance with the provisions of subsection 2, regardless of whether the licensee is directly or indirectly involved in the dispute.

      2.  Whenever a dispute described in subsection 1 involves:

      (a) At least $500, the licensee shall immediately notify the Board; or

      (b) Less than $500, the licensee shall [inform] notify the patron of his right to request that the Board conduct an investigation.

[Ê The]

      3.  Upon being notified of a dispute, the Board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made.

      [2.]  The agent of the Board shall mail written notice to the Board, the licensee and the patron of his decision resolving the dispute within 30 days after the date the Board first receives notification from the licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of his decision within the time required by this subsection does not divest the Board of its exclusive jurisdiction over the dispute.

      [3.] 4.  Failure of the licensee to notify the Board or [inform the] patron as provided in subsection [1] 2 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.

      [4.] 5.  The decision of the agent of the Board is effective on the date the aggrieved party receives notice of the decision. Notice of the decision shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

      Sec. 10.  NRS 463.4862 is hereby amended to read as follows:

      463.4862  “Limited-liability company” means a limited-liability company organized and existing pursuant to the provisions of chapter 86 of NRS [.] or formed under the laws of any jurisdiction other than this State.

      Sec. 11.  NRS 463.4864 is hereby amended to read as follows:

      463.4864  “Limited partnership” means a partnership formed by two or more persons pursuant to the terms of chapter 88 of NRS [,] or the laws of any state other than this State, having as members one or more general partners and one or more limited partners.

      Sec. 12.  NRS 463.4865 is hereby amended to read as follows:

      463.4865  “Limited partnership interest” means the right of a general or limited partner to receive from a limited partnership:

      1.  A share of the profits;

      2.  Any other compensation by way of income; or

      3.  A return of any or all of his contribution to capital of the limited partnership,

Ê or the right to exercise any of the rights or powers provided in chapter 88 of NRS [,] or the laws of any state other than this State, whether directly or indirectly.

      Sec. 13.  NRS 463.505 is hereby amended to read as follows:

      463.505  1.  The purported granting of an option to purchase any security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license [,] or which is a holding company or an intermediary company for an entity that holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such a security is void unless administratively approved in advance by the Chairman of the Board.

 


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ê2007 Statutes of Nevada, Page 1114 (Chapter 295, AB 535)ê

 

which holds a state gaming license [,] or which is a holding company or an intermediary company for an entity that holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such a security is void unless administratively approved in advance by the Chairman of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chairman of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.

      4.  The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such a security.

      Sec. 14.  NRS 463.510 is hereby amended to read as follows:

      463.510  1.  The purported sale, assignment, transfer, pledge, exercise of an option to purchase or other disposition of any security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license or which is a holding company or an intermediary company for an entity that holds a state gaming license is void unless approved in advance by the Commission.

      2.  If at any time the Commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, the owner shall immediately offer the security to the issuing corporation for purchase. The corporation shall purchase the security so offered, for cash at fair market value, within 10 days after the date of the offer.

      3.  Beginning upon the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the corporation, it is unlawful for the unsuitable owner:

      (a) To receive any dividend or interest upon any such security;

      (b) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or

      (c) To receive any remuneration in any form from the corporation, for services rendered or otherwise.

      4.  Every security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license must bear a statement, on both sides of the certificate evidencing the security, of the restrictions imposed by this section.

      Sec. 15.  NRS 463.564 is hereby amended to read as follows:

      463.564  In order to be eligible to receive a state gaming license, a limited partnership shall:

      1.  [Be formed under the laws of this State;

      2.]  Maintain an office of the limited partnership on the licensed premises;

      [3.] 2.  Comply with all of the requirements of the laws of this State pertaining to limited partnerships; and

      [4.] 3.  Maintain a ledger in the principal office of the limited partnership in this State, which must:

 


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ê2007 Statutes of Nevada, Page 1115 (Chapter 295, AB 535)ê

 

      (a) At all times reflect the ownership of all interests in the limited partnership; and

      (b) Be available for inspection by the Board, Commission and their authorized agents, at all reasonable times without notice.

      Sec. 16.  NRS 463.5665 is hereby amended to read as follows:

      463.5665  1.  The purported granting of an option to purchase any interest in a limited partnership which holds a state gaming license or which is a holding company or an intermediary company for an entity that holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such an interest is [ineffective] void unless administratively approved in advance by the Chairman of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chairman of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.

      4.  The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such an interest.

      Sec. 17.  NRS 463.567 is hereby amended to read as follows:

      463.567  1.  The purported sale, assignment, transfer, pledge, exercise of an option to purchase, or other disposition of any interest in a limited partnership which holds a state gaming license or which is a holding company or an intermediary company for an entity that holds a state gaming license is [ineffective] void unless approved in advance by the Commission.

      2.  If at any time the Commission finds that an individual owner of any such interest is unsuitable to hold that interest, the Commission shall immediately notify the limited partnership of that fact. The limited partnership shall, within 10 days [from] after the date that it receives the notice from the Commission, return to the unsuitable owner, in cash, the amount of his capital account as reflected on the books of the partnership.

      3.  Beginning on the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the limited partnership, it is unlawful for the unsuitable owner:

      (a) To receive any share of the profits or interest upon any limited partnership interest;

      (b) To exercise, directly or through any trustee or nominee, any voting right conferred by such interest; or

      (c) To receive any remuneration in any form from the limited partnership, for services rendered or otherwise.

      4.  The certificate of limited partnership of any limited partnership holding a state gaming license must contain a statement of the restrictions imposed by this section.

 


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ê2007 Statutes of Nevada, Page 1116 (Chapter 295, AB 535)ê

 

      Sec. 18.  NRS 463.5731 is hereby amended to read as follows:

      463.5731  In order to be eligible to receive a license, a limited-liability company must:

      1.  [Be formed under the laws of this State;

      2.]  Maintain an office of the limited-liability company on the licensed premises;

      [3.] 2.  Comply with all of the requirements of the laws of this State pertaining to limited-liability companies; and

      [4.] 3.  Maintain a ledger in the principal office of the limited-liability company in this State, which must:

      (a) At all times reflect the ownership of all interests in the limited-liability company; and

      (b) Be available for inspection by the Board, Commission and their authorized agents, at all reasonable times without notice.

      Sec. 19.  NRS 463.57325 is hereby amended to read as follows:

      463.57325  1.  The purported granting of an option to purchase any interest in a limited-liability company which holds a state gaming license or which is a holding company or an intermediary company for an entity that holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such an interest is [ineffective] void unless administratively approved in advance by the Chairman of the Board.

      2.  A request for administrative approval pursuant to subsection 1 must:

      (a) Be made on forms approved by the Chairman of the Board; and

      (b) To the extent consistent with this section, be considered in all respects as an application.

      3.  The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.

      4.  The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such an interest.

      Sec. 20.  NRS 463.5733 is hereby amended to read as follows:

      463.5733  1.  The purported sale, assignment, transfer, pledge, exercise of an option to purchase , or other disposition of any interest in a limited-liability company which holds a state gaming license or which is a holding company or an intermediary company for an entity that holds a state gaming license is [ineffective] void unless approved in advance by the Commission.

      2.  If at any time the Commission finds that a member is unsuitable to hold an interest in a limited-liability company, the Commission shall immediately notify the limited-liability company of that fact. The limited-liability company shall, within 10 days after it receives the notice from the Commission, return to the member, in cash, the amount of his capital account as reflected on the books of the company.

 


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ê2007 Statutes of Nevada, Page 1117 (Chapter 295, AB 535)ê

 

      3.  Except as otherwise provided in subsection 2, beginning on the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the limited-liability company, it is unlawful for the unsuitable member:

      (a) To receive any share of the distribution of profits of the limited-liability company or any payments upon dissolution of the company;

      (b) To exercise any voting right conferred by the member’s interest in the limited-liability company;

      (c) To participate in the management of the limited-liability company; or

      (d) To receive any remuneration in any form from the limited-liability company, for services rendered or otherwise.

      4.  The articles of organization of any limited-liability company holding a state gaming license must contain a statement of the restrictions imposed by this section.

      Sec. 21.  NRS 463.643 is hereby amended to read as follows:

      463.643  1.  Each person who acquires, directly or indirectly [, beneficial] :

      (a) Beneficial ownership of any voting security ; or

      (b) Beneficial or record ownership of any nonvoting security,

Ê in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that his acquisition of that ownership would otherwise be inconsistent with the declared policy of this state.

      2.  Each person who acquires, directly or indirectly, beneficial or record ownership of any debt security in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that his acquisition of the debt security would otherwise be inconsistent with the declared policy of this state.

      3.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada Gaming Commission, and who is required to report, or voluntarily reports, the acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall file a copy of that report, and any amendments thereto, with the Nevada Gaming Commission within 10 days after filing that report with the Securities and Exchange Commission.

      4.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the Commission, or who is required to report, or voluntarily reports, such acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall apply to the Commission for a finding of suitability within 30 days after the Chairman of the Board mails the written notice.

      5.  A person who acquires [beneficial] , directly or indirectly:

      (a) Beneficial ownership of any voting security ; or

      (b) Beneficial or record ownership of any nonvoting security or debt security ,

 


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ê2007 Statutes of Nevada, Page 1118 (Chapter 295, AB 535)ê

 

Ê in a publicly traded corporation created under the laws of a foreign country which is registered with the Commission shall file such reports and is subject to such a finding of suitability as the Commission may prescribe.

      6.  Any person required by the Commission or by this section to be found suitable shall:

      (a) Except as otherwise required in subsection 4, apply for a finding of suitability within 30 days after the Commission requests that he do so; and

      (b) Together with the application, deposit with the Board a sum of money which, in the opinion of the Board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the Board to pay final costs and charges.

      7.  Any person required by the Commission or this section to be found suitable who is found unsuitable by the Commission shall not hold directly or indirectly the [beneficial] :

      (a) Beneficial ownership of any voting security ; or

      (b) Beneficial or record ownership of any nonvoting security or debt security ,

Ê of a publicly traded corporation which is registered with the Commission beyond the time prescribed by the Commission.

      8.  The violation of subsection 6 or 7 is a gross misdemeanor.

      9.  As used in this section, “debt security” means any instrument generally recognized as a corporate security representing money owed and reflected as debt on the financial statement of a publicly traded corporation, including, but not limited to, bonds, notes and debentures.

      Sec. 22.  NRS 463.645 is hereby amended to read as follows:

      463.645  [1.]  If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license, or a holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the Commission or is denied a license or a finding of suitability, or if his license or finding of suitability is revoked, [and his name has been placed on the list maintained pursuant to subsection 8 of NRS 463.165,] the corporation, partnership, limited partnership, limited-liability company, business organization, holding company, intermediary company or any person who directly or indirectly controls, is controlled by or is under common control with the corporation, partnership, limited partnership, limited-liability company, business organization, holding company or intermediary company shall not, and any licensee or an affiliate of the licensee shall not, after receipt of written notice from the Commission:

      [(a)] 1.  Pay him any remuneration for any service relating to the activities of a licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the Commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise.

 


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ê2007 Statutes of Nevada, Page 1119 (Chapter 295, AB 535)ê

 

shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      [(b)] 2.  Enter into any contract or agreement with him or with a business organization that the licensee knows or under the circumstances reasonably should know is under his control which involves the operations of a licensee, without the prior approval of the Commission.

      [(c)] 3.  Employ him in any position involving the activities of a licensee without prior approval of the Commission.

      [2.  The name of any person who has been denied a license, been found unsuitable or had a license or finding of suitability revoked pursuant to subsection 1 must be included on the list required pursuant to subsection 8 of NRS 463.165.]

      Sec. 22.5.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.

      2.  A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.

      3.  The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, mobile gaming systems and cashless wagering systems, without a distributor’s license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributor’s license.

      4.  The Commission may, by regulation, authorize a person who owns:

      (a) Gaming devices for home use in accordance with NRS 463.160; or

      (b) Antique gaming devices,

Ê to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.

      5.  Upon approval by the Board, a gaming device owned by:

      (a) A law enforcement agency;

      (b) A court of law; or

      (c) A gaming device repair school licensed by the Commission on Postsecondary Education,

Ê may be disposed of by sale, in a manner approved by the Board, without a distributor’s license. An application for approval must be submitted to the Board in the manner prescribed by the Chairman.

      6.  Any person who the Commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturer’s or distributor’s license.

 


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ê2007 Statutes of Nevada, Page 1120 (Chapter 295, AB 535)ê

 

be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.

      7.  Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.

      8.  The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.

      9.  As used in this section:

      (a) “Antique gaming device” means a gaming device that was manufactured before [1951.] 1961.

      (b) “Holding company” has the meaning ascribed to it in NRS 463.485.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  NRS 465.080 is hereby amended to read as follows:

      465.080  1.  It is unlawful for any licensee, employee or other person , not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to possess, use , sell or manufacture counterfeit chips, counterfeit debit instruments or other counterfeit wagering instruments in a gambling game, associated equipment or a cashless wagering system.

      2.  It is unlawful for any licensee, employee or other person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to possess, use, sell or manufacture any counterfeit instruments, counterfeit tickets or other counterfeit items that are used to determine the outcome of any contest or promotional activity conducted by or on behalf of any licensee.

      3.  It is unlawful for any person, in playing or using any gambling game, associated equipment or cashless wagering system designed to be played with, receive or be operated by chips, tokens, wagering credits or other wagering instruments approved by the State Gaming Control Board or by lawful coin of the United States of America:

      (a) Knowingly to use other than chips, tokens, wagering credits or other wagering instruments approved by the State Gaming Control Board or lawful coin, legal tender of the United States of America, or to use coin or tokens not of the same denomination as the coin or tokens intended to be used in that gambling game, associated equipment or cashless wagering system; or

      (b) To use any device or means to violate the provisions of this chapter.

      [3.] 4.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any device intended to be used to violate the provisions of this chapter.

      [4.] 5.  It is unlawful for any person, not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession on or off the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, cashless wagering system or drop box, or any electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

 


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ê2007 Statutes of Nevada, Page 1121 (Chapter 295, AB 535)ê

 

      [5.] 6.  It is unlawful for any person , not a duly authorized employee of a licensee acting in furtherance of his employment within an establishment, to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, “paraphernalia for manufacturing slugs” means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens, debit instruments or other wagering instruments approved by the State Gaming Control Board or a lawful coin of the United States, the use of which is unlawful pursuant to subsection [2.] 3. The term includes, but is not limited to:

      (a) Lead or lead alloys;

      (b) Molds, forms or similar equipment capable of producing a likeness of a gaming token or United States coin;

      (c) Melting pots or other receptacles;

      (d) Torches;

      (e) Tongs, trimming tools or other similar equipment; and

      (f) Equipment which can be reasonably demonstrated to manufacture facsimiles of debit instruments or wagering instruments approved by the State Gaming Control Board.

      [6.] 7.  Possession of more than one of the devices, equipment, products or materials described in this section permits a rebuttable inference that the possessor intended to use them for cheating.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26.  1.  This section and section 24 of this act become effective upon passage and approval.

      2.  Sections 1 to 23, inclusive, and 25 of this act become effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 1122ê

 

CHAPTER 296, AB 433

Assembly Bill No. 433–Assemblymen Buckley, Parks, Leslie, Hardy, Smith, Arberry, Atkinson, Conklin, Denis, Hogan, Kirkpatrick, Koivisto and McClain

 

Joint Sponsors: Senators Beers, Care, Hardy, Lee, Raggio, Titus and Townsend

 

CHAPTER 296

 

AN ACT relating to meetings of public bodies; providing additional limitations on the authority of public bodies to close meetings; limiting the authority of the Nevada Tax Commission to close certain hearings; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law requires that meetings of public bodies be open to the public. (Chapter 241 of NRS) Exceptions to the general rule are allowed by specific statute. (NRS 241.020) Section 1 of this bill provides that if an exception is allowed by specific statute, the meeting may be closed only to the extent specified in the statute and requires that all other portions of the meeting be open and public. Sections 2 and 3 of this bill limit and clarify a specific exception for the Nevada Tax Commission that allows closed hearings on appeals by taxpayers under certain circumstances. (NRS 360.247, 372.750)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate physically handicapped persons desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.

             (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

 


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ê2007 Statutes of Nevada, Page 1123 (Chapter 296, AB 433)ê

 

under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

             (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

             (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

      (b) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection 6, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

 


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ê2007 Statutes of Nevada, Page 1124 (Chapter 296, AB 433)ê

 

Ê As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

      6.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      7.  A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      8.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 2.  NRS 360.247 is hereby amended to read as follows:

      360.247  1.  Except as otherwise provided in this section, any appeal to the Nevada Tax Commission which is taken by a taxpayer concerning his liability for tax must be heard during a session of the Commission which is open to the public. [A] Upon request by the taxpayer, a hearing on such an appeal may be closed to the public [if the taxpayer requests that it be closed.] to receive proprietary or confidential information.

      2.  As soon as practicable after closing a hearing pursuant to subsection 1, the Nevada Tax Commission shall determine whether the information to be presented in the closed hearing is proprietary or confidential information. If the Commission, in its discretion, determines that the information is not proprietary or confidential information, the Commission shall immediately open the hearing to the public. If the Commission, in its discretion, determines that the information is proprietary or confidential information:

      (a) The hearing must remain closed to the public and the Commission shall receive the information in a manner that ensures that the members of the Commission have a reasonable and adequate opportunity to review the information and make any inquiries that any member believes to be necessary and appropriate.

      (b) After the receipt of and opportunity to review the proprietary or confidential information pursuant to paragraph (a), the Commission shall reopen the hearing to the public and proceed to deliberate toward a decision regarding issues in the appeal that are not proprietary or confidential.

 


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ê2007 Statutes of Nevada, Page 1125 (Chapter 296, AB 433)ê

 

reopen the hearing to the public and proceed to deliberate toward a decision regarding issues in the appeal that are not proprietary or confidential.

      (c) After a hearing has been reopened pursuant to paragraph (b), the Commission shall, upon the request of any member of the Commission who believes that he cannot conduct meaningful deliberations with the other members of the Commission on the appeal because the appeal concerns proprietary or confidential information, close the hearing for further deliberations. The definitive vote on the appeal must be taken during a hearing of the Commission that is open to the public.

      3.  The Nevada Tax Commission shall adopt regulations which establish procedures:

      (a) By which a taxpayer may request a closed hearing pursuant to this section.

      (b) By which the Commission may determine whether information is proprietary or confidential information during a closed hearing.

      4.  Not later than 45 days after the Nevada Tax Commission deliberates in a closed hearing and makes a definitive decision on an appeal in a hearing that is open to the public pursuant to this section, the Commission shall prepare an abstract that explains the reasons for the decision, which must be made available to the public upon request. Such an abstract:

      (a) Must include, without limitation:

             (1) The name of the taxpayer;

             (2) The amount of the taxpayer’s liability, including interest and penalties;

             (3) The type of tax at issue; and

             (4) The general nature of the evidence relied upon by the Commission in reaching its decision.

      (b) Must not contain any proprietary or confidential information relating to the taxpayer.

      5.  A member of the Nevada Tax Commission or an officer, agent or employee of the Department is not subject to any criminal penalty or civil liability for the use or publication of proprietary or confidential information received pursuant to the procedure set forth in subsection 2, regardless of whether the information was received during a closed hearing.

      6.  The Nevada Tax Commission shall take such actions as it deems necessary to protect the confidentiality of information provided by a taxpayer that the Commission has determined to be proprietary or confidential information, including, without limitation:

      (a) Issuing such protective orders as it deems necessary;

      (b) Restricting access to any hearing closed to the public and to the records and transcripts of any such hearing, without the prior approval of the Commission; and

      (c) Prohibiting any intervener allowed to attend such a hearing or allowed access to the records and transcripts of such a hearing from disclosing such information without prior authorization from the Commission.

 


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ê2007 Statutes of Nevada, Page 1126 (Chapter 296, AB 433)ê

 

      7.  A person who violates a protective order issued by the Nevada Tax Commission pursuant to subsection 6 is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

      8.  As used in this section:

      (a) “Confidential economic information”:

             (1) Means any information which is not available to the public generally, which confers an economic benefit on the holder of the information as a result of its unavailability and which is the subject of reasonable efforts by the taxpayer to maintain its secrecy.

             (2) Includes, without limitation, information relating to the amount or source of any income, profits, losses or expenditures of the taxpayer, such as data relating to costs, prices or customers.

      (b) “Proprietary or confidential information”:

             (1) Means:

                   (I) Any trade secret, confidential economic information or business information that is submitted to the Nevada Tax Commission by the taxpayer and is determined to be proprietary or confidential information by the Commission; or

                   (II) Any information that a specific statute declares to be confidential or prohibits the Commission from making public.

             (2) Does not include any information that has been published for public distribution or is otherwise available to the public generally or in the public domain.

      Sec. 3.  NRS 372.750 is hereby amended to read as follows:

      372.750  1.  Except as otherwise provided in this section [,] or NRS 360.247, it is a misdemeanor for any member of the Tax Commission or officer, agent or employee of the Department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the Department.

      2.  The Tax Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The Governor may, by general or special order, authorize the examination of the records maintained by the Department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Upon written request made by a public officer of a local government, the Executive Director shall furnish from the records of the Department, the name and address of the owner of any seller or retailer who must file a return with the Department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government.

 


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

ê2007 Statutes of Nevada, Page 1127 (Chapter 296, AB 433)ê

 

information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      6.  Relevant information that the Tax Commission has determined is not proprietary or confidential information in a hearing conducted pursuant to NRS 360.247 may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      7.  At any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the Commission, any member of the Commission or officer, agent or employee of the Department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 4.  The provisions of NRS 360.247, as amended by section 2 of this act, do not apply to any appeal to the Nevada Tax Commission taken by a taxpayer concerning his liability for tax that has been heard by the Commission before July 1, 2007.

      Sec. 5.  This act becomes effective on July 1, 2007.

________

 


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

ê2007 Statutes of Nevada, Page 1128ê

 

CHAPTER 297, AB 463

Assembly Bill No. 463–Assemblymen Kirkpatrick, Atkinson, Smith, Conklin, Oceguera, Allen, Buckley, Denis, Parks, Parnell, Pierce, Segerblom and Womack

 

Joint Sponsors: Senators Horsford and Titus

 

CHAPTER 297

 

AN ACT relating to land use planning; making various changes pertaining to residential establishments and group homes; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the Health Division of the Department of Health and Human Services is required to compile, maintain and disseminate a registry pertaining to each “residential establishment” that exists in this State. (NRS 278.021) Sections 2-7 of this bill: (1) require local governments to assist in obtaining such information; (2) expand the registry to include certain information likely to be helpful to agencies that provide police, fire-fighting, rescue or emergency medical services; and (3) broaden the scope of the registry to apply not just to licensed residential establishments, but to any facility that provides similar services to four or more persons. Thus, facilities operating unlawfully as residential establishments are included in the registry, providing necessary information to licensing and law enforcement authorities.

      Section 8 of this bill provides that if a county or city requires a certain approval or permit before a residential establishment may operate, the county or city must, before granting that approval or permit: (1) ensure that the establishment, or its owner or operator, has secured the necessary certifications or licenses that are required by federal, state or local authorities, unless conditional or provisional approval or permitting is granted by the county or city pending receipt by the establishment of the necessary certification or license; and (2) ensure that, if the establishment is subject to the distance requirements set forth in section 9 of this bill, the establishment will be located and operated in accordance with those requirements.

      Under existing law, the governing body of a county whose population is 100,000 or more (currently Clark and Washoe Counties), and the governing body of each city in such a county, is required to establish by ordinance a minimum distance between residential establishments that is at least 660 feet but not more than 1,500 feet. (NRS 278.021) Section 9 of this bill changes the minimum distance prospectively to at least 1,500 feet but not more than 2,500 feet. Section 11 of this bill provides that if a governing body fails to establish the minimum distance requirement by December 31, 2007, its ordinances will be conformed by operation of state law to a 2,500-foot distance requirement.

      Existing law requires an applicant seeking licensure of a facility under the provisions of NRS 449.001 to 449.240, inclusive, to file with the Health Division an application containing certain information and evidence. (NRS 449.040) Section 10 of this bill provides additionally that such an application must, if the facility for which licensure is sought is a “residential establishment” as defined in section 5 of this bill, and if such establishment is subject to the distance requirements set forth in section 9 of this bill, include evidence satisfactory to the Health Division that the establishment will be located and operated in accordance with those requirements.

 

 


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

ê2007 Statutes of Nevada, Page 1129 (Chapter 297, AB 463)ê

 

      Whereas, Residential establishments, commonly referred to as “group homes,” include such facilities as halfway houses for recovering alcohol and drug abusers, homes for individual residential care, and residential facilities for groups; and

      Whereas, Residential establishments serve an important purpose in the various communities of this State, allowing persons with special needs to receive assistance or care in a setting that may be more comfortable, more informal and less expensive than the setting of a more formal institution, such as a hospital; and

      Whereas, Federal law, including the Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988, clearly prohibits discriminatory housing practices, including practices which have the effect of discriminating against persons with disabilities in regard to the availability of housing; and

      Whereas, The statutes of this State already require, in large part, that residential establishments be treated as single-family residences for zoning purposes, and already require the Health Division of the Department of Health and Human Services to compile and maintain a registry of information relating to such establishments; and

      Whereas, Ensuring that such information is accurate, current and disseminated to the pertinent authorities is of vital importance to several state and local governmental agencies, because: (1) persons who reside in residential establishments may be more susceptible than other persons to become victims of mistreatment or unscrupulous behavior, including, without limitation, Medicaid fraud or Medicare fraud; (2) governmental agencies and officers who enforce health and safety standards must be notified of the location of residential establishments in order to protect adequately the persons who reside in those establishments; and (3) fire departments, law enforcement agencies and other first responders must be notified of the locations of residential establishments so that they may be prepared to address the special needs of the residents of those establishments in the event of a fire, medical crisis or other emergency; and

      Whereas, In several communities throughout the State, the names ascribed to residential establishments may be different, and certain persons may attempt to operate on an informal or unlicensed basis facilities that are, in practical effect, residential establishments; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in NRS 278.021 and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Halfway house for recovering alcohol and drug abusers” has the meaning ascribed to it in NRS 449.008.

      Sec. 3.5.  “Health Division” means the Health Division of the Department of Health and Human Services.

      Sec. 4.  “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

 


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

ê2007 Statutes of Nevada, Page 1130 (Chapter 297, AB 463)ê

 

      Sec. 5.  “Residential establishment” means a home for individual residential care in a county whose population is 100,000 or more, a halfway house for recovering alcohol and drug abusers or a residential facility for groups.

      Sec. 6.  “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 7.  1.  Each county and city shall:

      (a) Conduct a reasonable investigation or survey to determine, insofar as is practicable, the following information regarding each group home that is located within the territorial limits of the county or city:

             (1) The name of the owner of the group home;

             (2) If the group home is leased or rented, the name of the lessee or renter;

             (3) The name of the administrator of the group home, if any;

             (4) The address of the group home;

             (5) The phone number of the group home;

             (6) If the group home is licensed, the number of clients for which the home is licensed; and

             (7) If known, any information that may be helpful to agencies of the State of Nevada or counties or cities providing police, fire-fighting, rescue or emergency medical services with respect to persons residing in the group home who may need special assistance in the event of a fire, medical crisis or other emergency; and

      (b) As often as is reasonably necessary, but not less frequently than once each calendar quarter, transmit the information to the Health Division.

      2.  If a county or city is not able to obtain all of the information described in subsection 1, it shall transmit to the Health Division such information as it is able to obtain.

      3.  Using the information transmitted by counties and cities pursuant to subsection 1 and using any other resources at its disposal, the Health Division shall compile and maintain a registry of information relating to each group home that exists in this State. The Health Division shall make the information contained in the registry available to:

      (a) Any agency of the State of Nevada or a county or city that provides police, fire-fighting, rescue or emergency medical services;

      (b) Upon request for the purposes set forth in section 8 of this act, the governing body of a county or city;

      (c) Any agency of the Federal Government, the State of Nevada or a county or city that is involved in the investigation of acts of abuse, fraud or similar crimes; and

      (d) Except as otherwise provided in this paragraph, the general public, through the use of the Internet website maintained by the Health Division. The Health Division shall not make available on its Internet website any personally identifying information relating to a resident of a group home.

      4.  Insofar as the Health Division is able to obtain the relevant information, the registry compiled and maintained by the Health Division must include, with respect to each group home that exists in this State:

      (a) Each item of information described in paragraph (a) of subsection 1; and

      (b) An entry indicating whether the group home is or is not formally licensed or certified as a residential establishment.

 


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

ê2007 Statutes of Nevada, Page 1131 (Chapter 297, AB 463)ê

 

      5.  Any department or agency of the State of Nevada or a county or city that becomes aware of the existence of a group home which is not included in the registry shall, within 30 days after obtaining such information, transmit the information to the Health Division as is necessary for inclusion in the registry.

      6.  As used in this section, “group home” means:

      (a) A residential establishment; and

      (b) Any other home, facility or residence, whether or not it is licensed, whether it is operated formally or informally and by whatever name it may be known, that provides to four or more unrelated persons services similar to those provided by a residential establishment.

      Sec. 8.  1.  As a prerequisite to the approval or issuance of any rezoning, zone variance or special use permit that is necessary to operate a residential establishment, the governing body of a county or city shall:

      (a) Except as otherwise provided in subsection 2, ensure that the residential establishment or the owner or operator thereof has obtained any licenses or certifications that are required by federal, state or local authorities; and

      (b) If the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.021, request and use the information contained in the registry compiled and maintained pursuant to section 7 of this act to ensure that the residential establishment will be located and operated in accordance with the provisions of that subsection.

      2.  Pending a residential establishment or the owner or operator thereof obtaining the required licenses or certifications, the governing body of a county or city or another entity designated to act on behalf of the governing body may conditionally or provisionally approve or issue any rezoning, zone variance or special use permit that is necessary to operate the residential establishment.

      Sec. 9.  NRS 278.021 is hereby amended to read as follows:

      278.021  1.  In any ordinance adopted by a city or county, the definition of “single-family residence” must include a:

      (a) Residential facility for groups in which 10 or fewer unrelated persons with disabilities reside with:

             (1) House parents or guardians who need not be related to any of the persons with disabilities; and

             (2) If applicable, additional persons who are related to the house parents or guardians within the third degree of consanguinity or affinity.

      (b) Home for individual residential care.

      (c) Halfway house for recovering alcohol and drug abusers.

      2.  The provisions of subsection 1 do not prohibit a definition of “single-family residence” which permits more persons to reside in a residential facility for groups, nor does it prohibit regulation of homes which are operated on a commercial basis. For the purposes of this subsection, a residential facility for groups, a halfway house for recovering alcohol and drug abusers or a home for individual residential care shall not be deemed to be a home that is operated on a commercial basis for any purposes relating to building codes or zoning.

      3.  [The Health Division of the Department of Health and Human Services shall compile and maintain a registry of information relating to each residential establishment that exists in this State and shall make available for access on the Internet or its successor, if any, the information contained in the registry.

 


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

ê2007 Statutes of Nevada, Page 1132 (Chapter 297, AB 463)ê

 

access on the Internet or its successor, if any, the information contained in the registry. The registry must include with respect to each residential establishment:

      (a) The name of the owner of the establishment;

      (b) The name of the administrator of the establishment;

      (c) The address of the establishment; and

      (d) The number of clients for which the establishment is licensed.

Ê Any department or agency of a county or city that becomes aware of the existence of a residential establishment that is not included in the registry shall transmit such information to the Health Division, as is necessary, for inclusion in the registry within 30 days after obtaining the information.

      4.]  The governing body of a county whose population is 100,000 or more or the governing body of a city in such a county or any department or agency of the city or county shall approve the first application submitted on or after July 1, 2000, to operate a residential establishment within a particular neighborhood in the jurisdiction of the governing body. If a subsequent application is submitted to operate an additional residential establishment at a location that is within the minimum distance established by the governing body pursuant to this subsection from an existing residential establishment, the governing body shall review the application based on applicable zoning ordinances. The requirements of this subsection do not require the relocation or displacement of any residential establishment which existed before July 1, 2001, from its location on that date. The provisions of this subsection do not create or impose a presumption that the location of more than one residential establishment within the minimum distance of each other established by the governing body pursuant to this subsection is inappropriate under all circumstances with respect to the enforcement of zoning ordinances and regulations. For purposes of this subsection, each governing body shall establish by ordinance a minimum distance between residential establishments that is at least [660] 1,500 feet but not more than [1,500] 2,500 feet.

      [5.  The]

      4.  Except as otherwise provided in section 8 of this act, the governing body of a county or city shall not refuse to issue a special use permit to a residential establishment that meets local public health and safety standards.

      [6.] 5.  The provisions of this section must not be applied in any manner which would result in a loss of money from the Federal Government for programs relating to housing.

      [7.] 6.  As used in this section [:

      (a) “Halfway house for recovering alcohol and drug abusers” has the meaning ascribed to it in NRS 449.008.

      (b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (c) “Person] , “person with a disability” means a person:

             [(1)] (a) With a physical or mental impairment that substantially limits one or more of the major life activities of the person;

             [(2)] (b) With a record of such an impairment; or

             [(3)] (c) Who is regarded as having such an impairment.

 


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ê2007 Statutes of Nevada, Page 1133 (Chapter 297, AB 463)ê

 

      [(d) “Residential establishment” means a home for individual residential care in a county whose population is 100,000 or more, a halfway house for recovering alcohol and drug abusers or a residential facility for groups.

      (e) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.]

      Sec. 10.  NRS 449.040 is hereby amended to read as follows:

      449.040  Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.001 to 449.240, inclusive, must file with the Health Division an application on a form prescribed, prepared and furnished by the Health Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The type of facility to be operated.

      3.  The location of the facility.

      4.  In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

      5.  The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.

      6.  The name of the person in charge of the facility.

      7.  Such other information as may be required by the Health Division for the proper administration and enforcement of NRS 449.001 to 449.240, inclusive.

      8.  Evidence satisfactory to the Health Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.

      9.  Evidence satisfactory to the Health Division of the ability of the applicant to comply with the provisions of NRS 449.001 to 449.240, inclusive, and the standards and regulations adopted by the Board.

      10.  Evidence satisfactory to the Health Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.

      11.  If the facility to be licensed is a residential establishment as defined in section 5 of this act, and if the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.021, evidence satisfactory to the Health Division that the residential establishment will be located and operated in accordance with the provisions of that subsection.

      Sec. 11.  1.  On or before December 31, 2007, the governing body of each county whose population is 100,000 or more, and the governing body of each city in such a county, shall establish by ordinance the minimum distance between residential establishments that is set forth in subsection 3 of NRS 278.021, as amended by section 9 of this act.

      2.  If a governing body fails to comply with the provisions of subsection 1 on or before December 31, 2007, on that date the ordinances of the governing body shall be deemed to establish by operation of law a minimum distance between residential establishments of 2,500 feet.

 


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ê2007 Statutes of Nevada, Page 1134 (Chapter 297, AB 463)ê

 

governing body shall be deemed to establish by operation of law a minimum distance between residential establishments of 2,500 feet.

      3.  As used in this section, “residential establishment” has the meaning ascribed to it in section 5 of this act.

________

 

CHAPTER 298, AB 489

Assembly Bill No. 489–Committee on Transportation

 

CHAPTER 298

 

AN ACT relating to motor vehicles; allowing a civil action to be filed against the owner or person in lawful possession of real property on which public parking is restricted in a certain manner for the improper towing of a vehicle; increasing the time within which a court must hold a hearing relating to an improper towing; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law allows an owner of an off-street parking facility to authorize the towing or removing of a vehicle from the facility in certain circumstances. (NRS 487.037) Existing law also allows the owner or person in lawful possession of any real property to have a vehicle that is parked in an unauthorized manner on the property towed if certain signs are posted and certain notices are given. (NRS 487.038) Finally, existing law allows a person whose car has been towed from private property, but not property where public parking is allowed, to bring a civil action against the person who authorized the towing to determine if the towing was lawful. (NRS 487.039)

      This bill allows a person who believes his vehicle has been unlawfully towed from real property where public parking is allowed to file a civil action and for process to be served on the owner or person in lawful possession of the real property. This bill also decreases the time within which the court must hold a hearing on the matter of the propriety of the towing from 7 calendar days to 4 working days after the action is filed.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.039 is hereby amended to read as follows:

      487.039  1.  If a vehicle is towed [from private property upon the request of the owner of the private property, or a person in lawful possession of that property,] pursuant to NRS 487.037 or 487.038 and the owner of the vehicle believes that the vehicle was unlawfully towed, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the [private] property from which the vehicle was towed is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.

      2.  An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $10,000.

      3.  Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than [7] 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing of the vehicle.

 


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

ê2007 Statutes of Nevada, Page 1135 (Chapter 298, AB 489)ê

 

the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing of the vehicle.

      4.  The court shall:

      (a) If it determines that the vehicle was:

             (1) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or

             (2) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and

      (b) Determine the actual cost incurred in towing and storing the vehicle.

      5.  The operator of any facility or other location where vehicles which are towed [from private property] are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.

      Sec. 2.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 299, AB 493

Assembly Bill No. 493–Committee on Transportation

 

CHAPTER 299

 

AN ACT relating to traffic laws; authorizing the use of pneumatic tires with retractable metal-type studs on motor vehicles any time of the year so long as the studs are not engaged or extended except for certain times of the year; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from operating a motor vehicle equipped with tires that have any metal or wood protuberance that projects beyond the thread of the traction surface of the tire, with the exception of approved tire chains or traction devices, certain pneumatic tires with embedded wire, certain pneumatic tires with metal-type studs which may only be used between October 1 and April 30 and the operation of certain vehicles for certain reasons. (NRS 484.6425) This bill adds an additional exception to allow pneumatic tires with metal-type studs which are retractable to be used at any time of the year so long as the studs are engaged or extended only between October 1 and April 30.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.6425 is hereby amended to read as follows:

      484.6425  1.  Except as otherwise provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.

 


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

ê2007 Statutes of Nevada, Page 1136 (Chapter 299, AB 493)ê

 

      2.  This section does not prohibit:

      (a) Tire chains or traction devices approved by the Director.

      (b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but must not exceed 20 percent of that area.

      (c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between October 1 and April 30.

      (d) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material that are retractable, in which case the tires may be used any time of the year, but the studs may only be engaged or extended between October 1 and April 30.

      (e) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.

      [(e)] (f) The operation of traction engines or tractors under conditions of a permit first obtained from the Department of Transportation with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.

________

 

CHAPTER 300, AB 512

Assembly Bill No. 512–Committee on Education

 

CHAPTER 300

 

AN ACT relating to education; requiring the board of trustees of a school district to employ certain student teachers as substitute teachers under certain circumstances; requiring the Legislative Committee on Education to study issues relating to the use of long-term substitute teachers; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law authorizes a school district to enter into an agreement for the assignment of student teachers within the school district for training purposes. (NRS 391.095) Section 1 of this bill requires a school district which has entered into such an agreement to employ certain student teachers as substitutes when licensed teachers are not available to fill those positions. Section 3 of this bill requires the Legislative Committee on Education to conduct a study of issues relating to the use of long-term substitute teachers during the 2007-2009 interim.

 


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ê2007 Statutes of Nevada, Page 1137 (Chapter 300, AB 512)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of trustees of a school district that has entered into an agreement pursuant to NRS 391.095 shall, before assigning a long-term substitute who is not a licensed teacher, assign a student teacher who satisfies the requirements of subsection 2 as a substitute teacher.

      2.  A student teacher who has completed not less than 4 weeks of student teaching in a school district pursuant to NRS 391.095 may apply to the board of trustees of that school district for employment as a substitute teacher. The application must include the written approval of:

      (a) The teacher who supervises the student teacher through the Nevada System of Higher Education or accredited postsecondary educational institution, as applicable; and

      (b) The teacher who is responsible for supervising the student teacher in the classroom.

      3.  If a school district employs a student teacher as a substitute teacher pursuant to this section, the school district shall ensure that the student teacher is:

      (a) Assigned to teach in the subject area and grade level, as applicable, in which the student teacher is completing his student teaching.

      (b) Supervised by a licensed teacher. A licensed teacher so assigned must:

             (1) Be available to assist the student teacher and observe the student teacher on a periodic basis; and

             (2) Oversee the management of the classroom, instructional duties and administrative duties of the student teacher.

      4.  A student teacher who is employed as a substitute teacher pursuant to this section is entitled to the rate of pay otherwise payable to substitute teachers employed by the school district for each day the student teacher works as a substitute teacher. Nothing in this section entitles a student teacher who is not employed as a substitute teacher to be paid for time spent completing his student teaching, including, without limitation, time spent completing course work and assignments required for completion of a program of study offered by the Nevada System of Higher Education or an accredited postsecondary educational institution.

      5.  Except as otherwise provided in this subsection, the board of trustees of a school district that employs a student teacher as a substitute teacher pursuant to this section shall, in consultation with the employee organization representing licensed teachers in the school district, provide for compensation of the licensed teacher who supervises the student teacher pursuant to subsection 3 that is in addition to the regular salary of the licensed teacher. The board of trustees is not required to provide additional compensation to:

      (a) A licensed teacher who is employed by the school district for the primary purpose of supervising student teachers and who is not otherwise employed for the purpose of providing classroom instruction to pupils; or

      (b) A licensed teacher who receives compensation from the Nevada System of Higher Education or an accredited postsecondary educational institution for supervising student teachers.

 


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ê2007 Statutes of Nevada, Page 1138 (Chapter 300, AB 512)ê

 

      6.  As used in this section, “student teacher” means a student of a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution who is assigned to teach for training purposes pursuant to NRS 391.095.

      Sec. 2.  NRS 391.273 is hereby amended to read as follows:

      391.273  1.  Except as otherwise provided in subsections 4 and 10 [,] and except for persons who are supervised pursuant to section 1 of this act, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.

      2.  Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.

      3.  Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.

      4.  Except as otherwise provided in subsection 5, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1. The Superintendent shall not grant an exemption unless:

      (a) The duties are within the employee’s special expertise or training;

      (b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;

      (c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;

      (d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and

      (e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.033.

      5.  The exemption authorized by subsection 4 does not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.

      6.  The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:

      (a) The name of the exempt employee;

      (b) The specific instructional duties he may perform;

      (c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and

      (d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.

      7.  The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.

      8.  Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher’s aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction.

 


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ê2007 Statutes of Nevada, Page 1139 (Chapter 300, AB 512)ê

 

Superintendent of Public Instruction. As used in this subsection, “emergency” means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.

      9.  If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 8, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:

      (a) The number of days on which the violation occurred;

      (b) The number of pupils in the classroom taught by the teacher’s aide; and

      (c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.

      10.  The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto.

      Sec. 3.  1.  The Legislative Committee on Education shall, during the 2007-2009 interim, study issues relating to the use of long-term substitute teachers, including, without limitation:

      (a) The effect of the use of long-term substitutes who are not licensed teachers on the performance of pupils and the effect of the use of student teachers as substitutes pursuant to section 1 of this act on the performance of pupils;

      (b) The number of long-term substitutes employed in this State and the number employed by each school district, including, without limitation, the number who are not licensed teachers;

      (c) The number of student teachers employed as substitutes pursuant to section 1 of this act in this State and the number employed by each school district;

      (d) The average time for which a long-term substitute is assigned to a single class;

      (e) Methods to reduce the use of long-term substitutes, including, without limitation, methods to reduce the number of long-term substitutes who are not licensed teachers or not student teachers employed pursuant to section 1 of this act; and

      (f) Any other issues relating to the use of long-term substitutes.

      2.  The Legislative Committee on Education may appoint a subcommittee to conduct the study required pursuant to subsection 1 or may request that an appropriate entity which is responsible for studying the coordination of elementary, secondary and postsecondary education in this State conduct the study and report to the Committee.

      3.  On or before February 1, 2009, the Legislative Committee on Education shall submit a report of the results of the study conducted pursuant to this section and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 75th Session of the Nevada Legislature.

      Sec. 4.  This act becomes effective on July 1, 2007.

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ê2007 Statutes of Nevada, Page 1140ê

 

CHAPTER 301, AB 516

Assembly Bill No. 516–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 301

 

AN ACT relating to elections; revising provisions governing the review of arguments advocating and opposing the approval of certain measures proposed by initiative or referendum; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides a procedure by which committees prepare arguments advocating and opposing the approval of certain measures proposed by initiative or referendum on the ballot at statewide and local elections. Under this procedure, the Secretary of State or county or city clerk, as applicable, is required to reject each statement contained in such arguments that he believes is libelous or factually inaccurate. The committee that prepared a rejected statement may appeal the rejection to the Attorney General concerning statewide measures or the district attorney or city attorney concerning local measures. The Attorney General, district attorney or city attorney, as applicable, is required to review the decision and determine whether the statement should be rejected or accepted, which determination is a final decision for the purposes of judicial review. (NRS 293.252, 295.121, 295.217) This bill eliminates the role of the Attorney General, district attorney and city attorney in the review of a decision to reject such a statement by the Secretary of State or county or city clerk, as applicable, and provides for the appeal of such a decision by a committee directly to district court.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.252 is hereby amended to read as follows:

      293.252  1.  For each constitutional amendment or statewide measure proposed by initiative or referendum to be placed on the ballot by the Secretary of State, the Secretary of State shall, pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative or referendum and the other committee must be composed of three persons who oppose approval by the voters of the initiative or referendum.

      2.  If the Secretary of State is unable to appoint three persons who are willing to serve on a committee, he may appoint fewer than three persons to that committee, but he must appoint at least one person to each committee appointed pursuant to this section.

      3.  With respect to a committee appointed pursuant to this section:

      (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative or referendum and the committee that opposes approval by the voters of that initiative or referendum.

      (b) Members of the committee serve without compensation.

      (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative or referendum.

 


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ê2007 Statutes of Nevada, Page 1141 (Chapter 301, AB 516)ê

 

      4.  The Secretary of State shall consider appointing to a committee pursuant to this section:

      (a) Any person who has expressed an interest in serving on the committee; and

      (b) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

      5.  A committee appointed pursuant to this section:

      (a) Shall elect a chairman for the committee;

      (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

      (c) May seek and consider comments from the general public;

      (d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative or referendum, prepare an argument either advocating or opposing approval by the voters of the initiative or referendum;

      (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The fiscal impact of the initiative or referendum;

             (2) The environmental impact of the initiative or referendum; and

             (3) The impact of the initiative or referendum on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the Secretary of State not later than the date prescribed by the Secretary of State pursuant to subsection 6.

      6.  The Secretary of State shall provide, by rule or regulation:

      (a) The maximum permissible length of an argument and rebuttal prepared pursuant to this section; and

      (b) The date by which an argument and rebuttal prepared pursuant to this section must be submitted by a committee to the Secretary of State.

      7.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the Secretary of State:

      (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative or referendum pertains; and

      (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Ê The decision of the Secretary of State to reject a statement pursuant to this subsection is a final decision for the purposes of judicial review. Not later than 5 days after the Secretary of State rejects a statement pursuant to this subsection, the committee that prepared the statement may appeal that rejection [to the Attorney General. The Attorney General shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the Attorney General shall issue his decision rejecting or accepting the statement. The decision of the Attorney General is a final decision for the purposes of judicial review.] by filing a complaint in the First Judicial District Court. The Court shall set the matter for hearing not later than 3 working days after the complaint is filed and shall give priority to such a complaint over all other matters pending before the court, except for criminal proceedings.

 


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ê2007 Statutes of Nevada, Page 1142 (Chapter 301, AB 516)ê

 

      8.  The Secretary of State may revise the language submitted by a committee pursuant to this section so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect of the language without the consent of the committee.

      Sec. 2.  NRS 295.121 is hereby amended to read as follows:

      295.121  1.  In a county whose population is 40,000 or more, for each initiative, referendum or other question to be placed on the ballot by:

      (a) The board, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160;

      (b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or

      (c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,

Ê the board shall, in consultation with the county clerk pursuant to subsection 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

      2.  If, after consulting with the county clerk pursuant to subsection 5, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.

      3.  With respect to a committee appointed pursuant to this section:

      (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

      (b) Members of the committee serve without compensation.

      (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

      4.  The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  Before the board appoints a committee pursuant to this section, the county clerk shall:

      (a) Recommend to the board persons to be appointed to the committee; and

      (b) Consider recommending pursuant to paragraph (a):

             (1) Any person who has expressed an interest in serving on the committee; and

 


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ê2007 Statutes of Nevada, Page 1143 (Chapter 301, AB 516)ê

 

             (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

      6.  If the board of a county whose population is 40,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall, in consultation with the district attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the county clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the county clerk pursuant to subsection 8. The county clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chairman for the committee;

      (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

      (c) May seek and consider comments from the general public;

      (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

      (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The fiscal impact of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 8.

      8.  The county clerk of a county whose population is 40,000 or more shall provide, by rule or regulation:

      (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

      (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.

      9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:

      (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

      (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Ê The decision of the county clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection [to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement.

 


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ê2007 Statutes of Nevada, Page 1144 (Chapter 301, AB 516)ê

 

attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review. If the decision of the district attorney is challenged] by filing a complaint in district court . [, the] The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      10.  The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

      11.  In a county whose population is less than 40,000:

      (a) The board may appoint committees pursuant to this section.

      (b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 8.

      12.  Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) or (c) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection 2 of NRS 293.481.

      13.  The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.

      Sec. 3.  NRS 295.217 is hereby amended to read as follows:

      295.217  1.  In a city whose population is 10,000 or more, for each initiative, referendum or other question to be placed on the ballot by the:

      (a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215; or

      (b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,

Ê the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

      2.  If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

      3.  With respect to a committee appointed pursuant to this section:

      (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

 


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ê2007 Statutes of Nevada, Page 1145 (Chapter 301, AB 516)ê

 

      (b) Members of the committee serve without compensation.

      (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

      4.  The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

      (a) Make recommendations pursuant to subsection 5; and

      (b) Appoint members to a committee pursuant to subsection 6.

      5.  Before the council appoints a committee pursuant to this section, the city clerk shall:

      (a) Recommend to the council persons to be appointed to the committee; and

      (b) Consider recommending pursuant to paragraph (a):

             (1) Any person who has expressed an interest in serving on the committee; and

             (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

      6.  If the council of a city whose population is 10,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

      7.  A committee appointed pursuant to this section:

      (a) Shall elect a chairman for the committee;

      (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

      (c) May seek and consider comments from the general public;

      (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

      (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

      (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

             (1) The fiscal impact of the initiative, referendum or other question;

             (2) The environmental impact of the initiative, referendum or other question; and

             (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

 


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ê2007 Statutes of Nevada, Page 1146 (Chapter 301, AB 516)ê

 

      (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.

      8.  The city clerk of a city whose population is 10,000 or more shall provide, by rule or regulation:

      (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

      (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

      9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

      (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

      (b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.

Ê The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection [to the city attorney or other city officer appointed to hear the appeal by the city council. The city attorney or other city officer appointed to hear the appeal shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney or other city officer appointed to hear the appeal shall issue his decision rejecting or accepting the statement. The decision of the city attorney or other city officer appointed to hear the appeal is a final decision for the purposes of judicial review. If the decision of the city attorney or other city officer appointed to hear the appeal is challenged] by filing a complaint in district court . [, the] The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      10.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

      11.  In a city whose population is less than 10,000:

      (a) The council may appoint committees pursuant to this section.

      (b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 8.

      12.  If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 2 of NRS 293.481.

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ê2007 Statutes of Nevada, Page 1147ê

 

CHAPTER 302, AB 517

Assembly Bill No. 517–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 302

 

AN ACT relating to elections; eliminating various obsolete provisions; providing that a voter registration card does not provide proof of the identity, address or residence of a person; authorizing certain registered voters to submit absent ballots by facsimile machine; revising the definition of “candidate” for the purposes of requirements relating to campaign finance; requiring that the signatures on a petition for an initiative or referendum must be submitted to each county clerk on the same day if circulated in more than one county; and providing other matters properly relating thereto.

 

[Approved: June 2, 2007]

 

Legislative Counsel’s Digest:

      Existing law makes various references to punch card ballots and the duties of various persons in relation to punch card ballots. (Title 24 of NRS) Sections 1, 3, 4, 7-20, 24-31, 33, 35-48, 50-53 and 57-59 of this bill eliminate these provisions.

      Existing law requires a person to furnish proof of identity or residence when filing a declaration or acceptance of candidacy, when registering to vote or when voting in certain circumstances. (NRS 293.177, 293.2725, 293.303, 293.517, 293.541, 293C.185, 293C.292) Sections 2, 5, 6, 21, 22, 32 and 34 of this bill provide that a voter registration card does not provide proof of address, identity or residence.

      Existing law authorizes any registered voter who resides outside the continental United States to use a facsimile machine to request an absent ballot. The county clerk shall use a facsimile machine to send an absent ballot to the registered voter, and the registered voter is required to return his absent ballot by mail. (NRS 293.3157) Sections 7.5 and 35.5 of this bill authorize a registered voter who resides outside the continental United States and uses a facsimile machine to request an absent ballot and to choose whether to return the ballot by facsimile or mail.

      Existing law requires that a sample ballot be mailed to each registered voter before the period for early voting at an election begins, but not later than 10 days before the election. (NRS 293.565, 293C.530) Sections 23 and 49 of this bill require that the sample ballots be mailed before the period of early voting for the election begins.

      Existing law defines the term “candidate” for the purposes of the campaign finance laws to include anyone who has filed a declaration or acceptance of candidacy, anyone whose name appears on an official ballot or anyone who has accepted more than $100. (NRS 294A.005) Section 54 of this bill clarifies that a candidate is anyone who has accepted more than $100, regardless of whether the person has filed a declaration or acceptance of candidacy or whether the name of the person appears on an official ballot.

      Existing law requires that all documents submitted to a county clerk for signature verification on a petition for an initiative or referendum must be submitted at the same time. (NRS 295.056) Section 55 of this bill requires that all documents submitted for signature verification on a petition for an initiative or referendum which was circulated in more than one county must be submitted to each county clerk on the same day.

 


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      Existing law authorizes the Secretary of State to issue a fictitious address to a person who has been the victim of domestic violence, sexual assault or stalking. (NRS 217.462-217.471) The Secretary of State is authorized to cancel the fictitious address of a person in certain circumstances. (NRS 217.468) Section 56 of this bill provides that the Secretary of State may cancel a fictitious address if the person files a declaration or acceptance of candidacy.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.025 is hereby amended to read as follows:

      293.025  “Ballot” means the record of a voter’s preference of candidates and questions voted upon at an election. The term includes, without limitation, any paper given to a voter upon which he places his vote [, a punch card which records the vote of a voter] and electronic storage tapes.

      Sec. 2.  NRS 293.177 is hereby amended to read as follows:

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

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

      (a) For partisan office:

 

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

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

 

State of Nevada

 

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

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since September 1 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 


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ê2007 Statutes of Nevada, Page 1149 (Chapter 302, AB 517)ê

 

ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                                                                                                         

                                                                                    (Designation of name)

 

                                                                                                                                         

                                                                         (Signature of candidate for office)

 

Subscribed and sworn to before me

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

 

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

                  Notary Public or other person

               authorized to administer an oath

 

      (b) For nonpartisan office:

 

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

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

 

State of Nevada

 

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

 

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

 


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ê2007 Statutes of Nevada, Page 1150 (Chapter 302, AB 517)ê

 

complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; and my name will appear on all ballots as designated in this declaration.

 

                                                                                                                                         

                                                                                    (Designation of name)

 

                                                                                                                                         

                                                                         (Signature of candidate for office)

 

Subscribed and sworn to before me

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

 

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

                  Notary Public or other person

               authorized to administer an oath

 

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

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

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

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

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including [, without limitation,] a check [,] which indicates the candidate’s name and residential address [.] , but not including a voter registration card issued pursuant to NRS 293.517.

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

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

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

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

 


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

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

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

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

      Sec. 3.  NRS 293.262 is hereby amended to read as follows:

      293.262  An absent ballot or a ballot voted by a voter who resides in a mailing precinct must be voted:

      1.  On a paper ballot [:

      2.  On a ballot which is voted by punching a card; or

      3.] ; or

      2.  By any other system authorized by state or federal law.

      Sec. 4.  NRS 293.2693 is hereby amended to read as follows:

      293.2693  If a county or city uses paper ballots , [or punch cards in an election,] including, without limitation, for absent ballots and ballots voted in a mailing precinct, the county or city clerk shall provide a voter education program specific to the voting system used by the county or city. The voter education program must include, without limitation, information concerning the effect of overvoting and the procedures for correcting a vote on a ballot before it is cast and counted and for obtaining a replacement ballot.

      Sec. 5.  NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers by mail to vote in this State and who has not previously voted in an election for federal office in this State:

      (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

             (1) A current and valid photo identification of the person; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including [, without limitation,] a check [,] which indicates the name and address of the person [;] , but not including a voter registration card issued pursuant to NRS 293.517; and

      (b) May vote by mail only if the person provides to the county or city clerk:

             (1) A copy of a current and valid photo identification of the person; or

 


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ê2007 Statutes of Nevada, Page 1152 (Chapter 302, AB 517)ê

 

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including [, without limitation,] a check [,] which indicates the name and address of the person [.] , but not including a voter registration card issued pursuant to NRS 293.517.

      2.  The provisions of this section do not apply to a person who:

      (a) Registers to vote by mail and submits with his application to register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including [, without limitation,] a check [,] which indicates the name and address of the person [;] , but not including a voter registration card issued pursuant to NRS 293.517;

      (b) Registers to vote by mail and submits with his application to register to vote a driver’s license number or at least the last four digits of his social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in his application;

      (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;

      (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or

      (e) Is entitled to vote otherwise than in person under any other federal law.

      Sec. 6.  NRS 293.303 is hereby amended to read as follows:

      293.303  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not belong to the political party designated upon the register, “I swear or affirm under penalty of perjury that I belong to the political party designated upon the register”;

      (b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, “I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong”;

      (c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

      (d) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (e) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

 


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ê2007 Statutes of Nevada, Page 1153 (Chapter 302, AB 517)ê

 

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

      3.  Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.

      5.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.

      6.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.

      8.  If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years of age who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

      9.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      Sec. 7.  NRS 293.304 is hereby amended to read as follows:

      293.304  1.  If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303 or if a person refuses to provide an affirmation pursuant to NRS 293.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The county clerk of each county shall maintain a special polling place in his office and at such other locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in:

 


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ê2007 Statutes of Nevada, Page 1154 (Chapter 302, AB 517)ê

 

separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293.525 in:

      (a) A special ballot box if the ballots are paper ballots ; [or ballots which are voted by punching a card;] or

      (b) A special sealed container if the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may place his vote only for the following offices and questions:

      (a) President and Vice President of the United States;

      (b) United States Senator;

      (c) All state officers for whom all voters in the State may vote;

      (d) All officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all voters of the county or State.

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and:

      (a) If the ballots are paper ballots , [or ballots which are voted by punching a card,] maintained in a separate ballot box; or

      (b) If the ballots are ballots which are voted on a mechanical recording device which directly records the votes electronically, maintained in a separate sealed container,

Ê until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      Sec. 7.5.  NRS 293.3157 is hereby amended to read as follows:

      293.3157  1.  Any registered voter of this State who resides outside the continental United States may use a facsimile machine to request an absent ballot. The registered voter shall state on the request whether he requests the county clerk to send the absent ballot by mail or facsimile machine and whether he will return the absent ballot to the county clerk by mail or facsimile machine.

      2.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by mail, he shall include with his completed absent ballot the identification envelope provided by the county clerk. The identification envelope must be in the form prescribed by the Secretary of State and include, without limitation:

      (a) A declaration, under penalty of perjury, stating that the registered voter resides within the precinct in which he is voting and is the person whose name appears on the envelope;

      (b) The signature of the registered voter;

      (c) The address that the registered voter provided on his application for voter registration; and

      (d) A statement that the voter has not applied and will not apply to any other county clerk for an absent ballot.

      3.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by facsimile machine, he shall include with his completed absent ballot the following:

 


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ê2007 Statutes of Nevada, Page 1155 (Chapter 302, AB 517)ê

 

OATH OF VOTER

 

I, ______________________, acknowledge that by returning my voted ballot by facsimile transmission I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature, whether on this oath of voter form or my identification envelope, will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

 

My residential address is

_____________________________________________.

(Street Address)     (City)       (ZIP Code)

 

My current mailing address is

_______________________________________.

 

My e-mail address is ______________.

My facsimile transmission number is _________.

 

I am a resident of __________ County, State of Nevada, and I have not applied, nor do I intend to apply, for an absentee ballot from any other jurisdiction for the same election.

 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

 

   Dated this _____ day of _____, 20____.

 

   (Signed)

______________________________________________________

                voter   (power of attorney cannot be accepted)

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.

 

      4.  The county clerk , if so requested pursuant to subsection 1, shall use a facsimile machine to send an absent ballot and the oath, as required pursuant to subsection 3, to the registered voter.

      [3.  The registered voter shall mail his absent ballot to the county clerk.

      4.] 5.  Each county clerk shall ensure the secrecy of absentee ballots that are submitted by facsimile machine.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 8.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail , unless otherwise requested pursuant to NRS 293.3157, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail , unless otherwise requested pursuant to NRS 293.3157, if the absent voter is in a foreign country but not on a military base:

 


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ê2007 Statutes of Nevada, Page 1156 (Chapter 302, AB 517)ê

 

possessions or on a military base, or by air mail , unless otherwise requested pursuant to NRS 293.3157, if the absent voter is in a foreign country but not on a military base:

      (a) [Except as otherwise provided in paragraph (b):

            (1)] An absent ballot;

             [(2)] (b) A return envelope;

             [(3)] (c) Supplies for marking the ballot;

             [(4)] (d) An envelope or similar device into which the ballot is inserted to ensure its secrecy; [and]

             [(5) Instructions.

      (b) In those counties using a mechanical voting system whereby a vote is cast by punching a card:

             (1) A card attached to a sheet of foam plastic or similar backing material;

             (2) A return envelope;

             (3) A punching instrument;

             (4) A sample ballot;

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6)] (e) An identification envelope, if applicable pursuant to NRS 293.3157; and

      (f) Instructions.

      2.  If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter [shall] may mail his absent ballot to the county clerk [.] or submit his absent ballot by facsimile machine.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 [.] and NRS 293.3157.

      5.  Before depositing a ballot in the mails or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 8.5.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county clerk through the mails or facsimile machine and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If the county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope or facsimile against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.

 


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ê2007 Statutes of Nevada, Page 1157 (Chapter 302, AB 517)ê

 

his ballot, he shall deposit the ballot in the proper ballot box. At the end of each day before election day, the county clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the county clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

      3.  If the county uses a mechanical voting system, the county clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope or facsimile against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the county clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the county uses a mechanical voting system and the county clerk has appointed an absent ballot central counting board, the county clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the Secretary of State.

      Sec. 9.  NRS 293.330 is hereby amended to read as follows:

      293.330  1.  Except as otherwise provided in NRS 293.3157 and subsection 2 of NRS 293.323 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it [, if it is a paper ballot, or punch it, if the ballot is voted by punching a card,] in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the county clerk, he must mark [or punch] the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293.316, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family.

 


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absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the county clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 9.5.  NRS 293.333 is hereby amended to read as follows:

      293.333  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope [,] or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

      Sec. 10.  NRS 293.350 is hereby amended to read as follows:

      293.350  1.  The county clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  [Except as otherwise provided in subsection 3, the] The ballot must be accompanied by:

      (a) Supplies for marking the ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) A sample ballot; and

      (e) Instructions regarding the manner of marking and returning the ballot.

      [3.  In those counties using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

      (e) A sample ballot; and

 


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      (f) Instructions regarding the manner of punching and returning the card.]

      Sec. 11.  NRS 293.353 is hereby amended to read as follows:

      293.353  Upon receipt of a mailing ballot from the county clerk, the registered voter must:

      1.  [Except as otherwise provided in subsection 2:

      (a)] Immediately after opening the envelope, mark and fold the ballot;

      [(b)] 2.  Place the ballot in the return envelope;

      [(c)] 3.  Affix his signature on the back of the envelope; and

      [(d)] 4.  Mail or deliver the envelope to the county clerk.

      [2.  In those counties using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the county clerk.]

      Sec. 12.  NRS 293.356 is hereby amended to read as follows:

      293.356  If a request is made to vote early by a registered voter in person, the election board shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of a polling place for early voting established pursuant to NRS 293.3564 or 293.3572 and returned to the election board. If the ballot is a paper ballot [, a ballot which is voted by punching a card] or a ballot which is voted by any other system authorized by state or federal law, the election board shall follow the same procedure as in the case of absent ballots received by mail.

      Sec. 13.  NRS 293.3585 is hereby amended to read as follows:

      293.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original application to register to vote or facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

      2.  The county clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number; and

      (c) The date of voting early in person.

      4.  When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  [If the ballot is voted by punching a card, the deputy clerk for early voting shall:

      (a) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on the card;

      (b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

 


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      6.]  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on each part of the voting receipt;

      (c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and

      (d) Allow the voter to cast his vote.

      [7.] 6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293.303.

      Sec. 14.  NRS 293.359 is hereby amended to read as follows:

      293.359  The ballot box for early voting in which voted ballots which are paper ballots [or ballots which are voted by punching a card] are deposited must have two numbered seals, and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.

      Sec. 15.  NRS 293.3602 is hereby amended to read as follows:

      293.3602  If paper ballots [or ballots which are voted by punching a card] are used during the period for early voting by personal appearance:

      1.  Each voting day during that period, the ballots voted at the permanent or temporary polling place may be removed from the ballot box and neatly stacked in a container that is sealed with a numbered seal after the ballots are stacked inside. The ballot box or sealed container must be delivered by an election board officer to the county clerk’s office at the close of each voting day. The seal on the ballot box or container must indicate the number of voted ballots contained in that box or container for that day.

      2.  When the ballot box or container is delivered pursuant to subsection 1, the county clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293.359.

      3.  At the close of each voting day before the fourth voting day before the last day to vote early, the county clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the county clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the county clerk shall deliver to the ballot board for early voting:

      (a) Each remaining ballot box and container that holds the ballots voted early by personal appearance;

      (b) A voting roster of all persons who voted early by personal appearance; and

      (c) Any list of registered voters used in conducting early voting.

      4.  Upon the receipt of ballots, the board shall:

      (a) Remove all ballots from the ballot boxes and containers and sort the ballots by precinct or voting district;

      (b) Count the number of ballots by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

 


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      (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

      5.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsections 1 and 4 if those members do not interfere with the handling of the ballots.

      Sec. 16.  NRS 293.363 is hereby amended to read as follows:

      293.363  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots , [or ballots which are voted by punching a card,] the counting board shall prepare in the following manner:

      1.  The pollbooks must be compared and errors corrected until the books agree.

      2.  The container that holds the ballots, or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      3.  If the ballots in the container or box are found to exceed in number the number of names on the pollbooks, the ballots must be replaced in the container or box, and a counting board officer, with his back turned to the container or box, shall draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.

      4.  When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 17.  NRS 293.367 is hereby amended to read as follows:

      293.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  The regulations for counting ballots must include provisions that:

      (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

 


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      (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (c) Only devices provided for in this chapter or chapter 293B of NRS may be used in marking ballots.

      (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      [(f) In counties where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.]

      Sec. 18.  NRS 293.3677 is hereby amended to read as follows:

      293.3677  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

      2.  Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a vote on the ballot must not be counted unless indicated by a cross in the designated square.

      3.  [Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

      (a) A chip on the card must be counted as a vote if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

      4.]  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

      (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

      (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

      [5.] 4.  The Secretary of State:

      (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2 [, 3 or 4;] or 3; and

      (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this State that is not described in subsection 2 [, 3 or 4,] or 3, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

 


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described in subsection 2 [, 3 or 4,] or 3, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

      Sec. 19.  NRS 293.373 is hereby amended to read as follows:

      293.373  If paper ballots [or ballots which are voted by punching a card] are used:

      1.  After the tally lists have been completed, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the county clerk.

      2.  The other pollbooks, tally lists and election board register must be returned to the county clerk.

      Sec. 20.  NRS 293.385 is hereby amended to read as follows:

      293.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and ascertain that each box or container has the required number of ballots according to the county clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the county clerk on election day pursuant to NRS 293.316, the county clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

      3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county clerk who shall have the results added to the regular votes of the precinct. [If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct.] The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The county clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 21.  NRS 293.517 is hereby amended to read as follows:

      293.517  1.  Any elector residing within the county may register:

      (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote, giving true and satisfactory answers to all questions relevant to his identity and right to vote, and providing proof of his residence and identity;

      (b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) Pursuant to the provisions of NRS 293.501 or 293.524; or

      (d) At his residence with the assistance of a field registrar pursuant to NRS 293.5237.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering him. If the applicant registers to vote pursuant to this subsection and fails to provide proof of his residence and identity, the applicant must provide proof of his residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083.

 


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to this subsection and fails to provide proof of his residence and identity, the applicant must provide proof of his residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083. For the purposes of this subsection, a voter registration card issued pursuant to subsection 6 does not provide proof of the residence or identity of a person.

      2.  The application to register to vote must be signed and verified under penalty of perjury by the elector registering.

      3.  Each elector who is or has been married must be registered under his own given or first name, and not under the given or first name or initials of his spouse.

      4.  An elector who is registered and changes his name must complete a new application to register to vote. He may obtain a new application:

      (a) At the office of the county clerk or field registrar;

      (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

      (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; or

      (d) At any voter registration agency.

Ê If the elector fails to register under his new name, he may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

      5.  An elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of his application to register to vote.

      6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote, he shall issue a voter registration card to the voter which contains:

      (a) The name, address, political affiliation and precinct number of the voter;

      (b) The date of issuance; and

      (c) The signature of the county clerk.

      Sec. 22.  NRS 293.541 is hereby amended to read as follows:

      293.541  1.  The county clerk shall cancel the registration of a voter [,] if:

      (a) After consultation with the district attorney, the district attorney determines that there is probable cause to believe that information in the registration concerning the identity or residence of the voter is fraudulent;

      (b) The county clerk provides a notice as required pursuant to subsection 2 or executes an affidavit of cancellation pursuant to subsection 3; and

      (c) The voter fails to present satisfactory proof of his identity and residence pursuant to subsection 2, 4 or 5.

      2.  Except as otherwise provided in subsection 3, the county clerk shall notify the voter by registered or certified mail, return receipt requested, of a determination made pursuant to subsection 1. The notice must set forth the grounds for cancellation. Unless the voter, within 15 days after the return receipt has been filed in the office of the county clerk, presents satisfactory proof of his identity and residence to the county clerk, the county clerk shall cancel his registration.

 


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      3.  If insufficient time exists before a pending election to provide the notice required by subsection 2, the county clerk shall execute an affidavit of cancellation and file the affidavit of cancellation with the registrar of voters’ register and:

      (a) In counties where records of registration are not kept by computer, the county clerk shall attach a copy of the affidavit of cancellation in the election board register.

      (b) In counties where records of registration are kept by computer, the county clerk shall have the affidavit of cancellation printed on the computer entry for the registration and add a copy of it to the election board register.

      4.  If a voter appears to vote at the election next following the date that an affidavit of cancellation was executed for the voter pursuant to this section, the voter must be allowed to vote only if he furnishes:

      (a) Official identification which contains a photograph of himself, including, without limitation, a driver’s license or other official document; and

      (b) Satisfactory identification that contains proof of the address at which he actually resides and that address is consistent with the address listed on the election board register.

      5.  If a determination is made pursuant to subsection 1 concerning information in the registration to vote of a voter and an absent ballot or a ballot voted by a voter who resides in a mailing precinct is received from the voter, the ballot must be kept separate from other ballots and must not be counted unless the voter presents satisfactory proof to the county clerk of his identity and residence before such ballots are counted on election day.

      6.  For the purposes of this section, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the:

      (a) Address at which a person actually resides; or

      (b) Residence or identity of a person.

      Sec. 23.  NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 2, sample ballots must include:

      (a) If applicable, the statement required by NRS 293.267;

      (b) The fiscal note, as provided pursuant to NRS 218.443, 293.250, 293.481 or 293.482, for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218.443, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218.443, 293.250, 293.252, 293.481, 293.482 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

 


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      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      3.  Before the period for early voting [, but not later than 10 days before] for any election [,] begins, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      4.  Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:

      (a) Be printed in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      5.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      6.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

      7.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

      8.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

 


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      (c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.

      9.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 24.  NRS 293B.032 is hereby amended to read as follows:

      293B.032  “Mechanical recording device” means a device [:

      1.  Which] which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on . [; or

      2.  To which a list of offices and candidates and the statements of measures to be voted on may be affixed and into which a card may be inserted so that the votes cast for each candidate and for or against each measure may be indicated by punching the card with reference to the list.]

      Sec. 25.  NRS 293B.033 is hereby amended to read as follows:

      293B.033  “Mechanical voting system” means a system of voting whereby a voter may cast his vote:

      1.  On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or

      2.  By [punching a card or] marking a paper ballot which is subsequently counted on an electronic tabulator, counting device or computer.

      Sec. 26.  NRS 293B.103 is hereby amended to read as follows:

      293B.103  [1.  If a mechanical voting system is used whereby votes are cast by punching a card:

      (a) The cards to be used must have two detachable stubs.

      (b) Each of the stubs attached to a particular card must bear the number of that card.

      (c) One of the stubs must be detached and given to the voter when he returns his voted ballot, and the other stub must be retained by the election board.

      2.]  If a mechanical voting system is used whereby votes are directly recorded electronically:

      [(a)] 1.  A voting receipt which has two parts must be used.

      [(b)] 2.  Each part of the voting receipt must bear the same number for identification.

      [(c)] 3.  One part of the voting receipt must be given to the voter when he votes and the other part of the voting receipt must be retained by the election board.

      Sec. 27.  NRS 293B.155 is hereby amended to read as follows:

      293B.155  1.  The tests prescribed by NRS 293B.150 and 293B.165 must be conducted by processing a preaudited group of logic and accuracy test ballots so [punched,] voted or marked as to record a predetermined number of valid votes for each candidate and on each measure, and must include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the mechanical recording device or the automatic tabulating equipment and programs to reject those votes.

 


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      2.  If any error is detected, the cause therefor must be ascertained and corrected and an errorless count must be made before the mechanical recording device or the automatic tabulating equipment and programs are approved.

      3.  When satisfied with the accuracy of the mechanical recording device or automatic tabulating equipment and computer program, the accuracy certification board and the county or city clerk shall date and sign all reports, and seal the program, if any, and the reports and all test material in an appropriate container. The container must be kept sealed by the clerk.

      4.  Except as otherwise provided in this subsection, the contents of such a sealed container are not subject to the inspection of anyone except in the case of a contested election, and then only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of that judge, body or board. For the period set forth in NRS 293.413 during which a candidate may file a statement of contest, the results of the test must be made available in the clerk’s office for public inspection.

      Sec. 28.  NRS 293B.305 is hereby amended to read as follows:

      293B.305  Unless a major political party allows a nonpartisan voter to vote for its candidates:

      1.  In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot with a distinctive code and printed designation identifying it as a nonpartisan ballot.

      2.  If a mechanical voting system is used in a primary election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue the nonpartisan voter a voting receipt with a printed designation identifying it as a nonpartisan ballot.

      3.  The member of the election board shall:

      (a) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates setting forth only the nonpartisan ballot; or

      (b) Direct the nonpartisan voter to a mechanical recording device containing a list of offices and candidates arranged for a partisan ballot, instruct the voter to vote only the nonpartisan section of the list and advise the voter that any votes he may cast in the partisan section will not be counted . [; or

      (c) Issue a nonpartisan ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct him to punch his ballot by reference to the sample ballot.]

      Sec. 29.  NRS 293B.330 is hereby amended to read as follows:

      293B.330  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) [If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

 


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ê2007 Statutes of Nevada, Page 1169 (Chapter 302, AB 517)ê

 

      (c)] If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.

      [(d)] (c) Record the number of voters on a form provided by the county clerk.

      2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the county clerk.

      3.  After closing the polls, the election board shall:

      (a) Compare the quantity of the supplies furnished by the county clerk with the inventory of those supplies; and

      (b) Note any shortages.

      4.  The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 30.  NRS 293B.365 is hereby amended to read as follows:

      293B.365  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices which store the ballots voted on mechanical recording devices which directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged ballots to the ballot duplicating board . [, if the ballots were voted by punching a card.]

      5.  Receive duplicates of damaged ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct . [, if the ballots were voted by punching a card.]

      6.  Place each damaged original ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted by punching a card.]

      7.  Reject any ballot that has been marked in a way that identifies the voter.

      8.  Place each rejected ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot . [, if the ballot was voted by punching a card.]

      Sec. 31.  NRS 293B.375 is hereby amended to read as follows:

      293B.375  [If ballots which are voted by punching a card are used, the] The ballot duplicating board shall:

 


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ê2007 Statutes of Nevada, Page 1170 (Chapter 302, AB 517)ê

 

      1.  Receive damaged ballots, including ballots which have been torn, bent or mutilated.

      2.  [Receive cards with incompletely punched chips.

      3.]  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      [4.  In the case of a card with an incompletely punched chip:

      (a) Remove the incompletely punched chip if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

      (b) Duplicate the card without punching the location of the incompletely punched chip if:

             (1) The chip does not have at least one corner that is detached from the card; and

             (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      5.] 3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      [6.] 4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the county clerk.

      Sec. 32.  NRS 293C.185 is hereby amended to read as follows:

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

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

 

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

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

 

State of Nevada

 

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

 

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

 


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ê2007 Statutes of Nevada, Page 1171 (Chapter 302, AB 517)ê

 

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

 

                                                                                                                                         

                                                                                    (Designation of name)

 

                                                                                                                                         

                                                                         (Signature of candidate for office)

 

Subscribed and sworn to before me

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

 

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

                  Notary Public or other person

               authorized to administer an oath

 

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

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

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

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

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including [, without limitation,] a check [,] which indicates the candidate’s name and residential address [.] , but not including a voter registration card issued pursuant to NRS 293.517.

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

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

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

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

 


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ê2007 Statutes of Nevada, Page 1172 (Chapter 302, AB 517)ê

 

candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

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

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

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

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

      Sec. 33.  NRS 293C.256 is hereby amended to read as follows:

      293C.256  An absent ballot for a city election or a ballot for a city election voted by a voter who resides in a mailing precinct must be voted on a paper ballot . [or a ballot which is voted by punching a card.]

      Sec. 34.  NRS 293C.292 is hereby amended to read as follows:

      293C.292  1.  A person applying to vote may be challenged:

      (a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or

      (b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.

      2.  If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:

      (a) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, “I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register”;

      (b) If the challenge is on the ground that he previously voted a ballot for the election, “I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election”; or

      (c) If the challenge is on the ground that he is not the person he claims to be, “I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.”

Ê The oath or affirmation must be set forth on a form prepared by the Secretary of State and signed by the challenged person under penalty of perjury.

      3.  If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words “Challenged ................” opposite his name in the election board register.

 


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ê2007 Statutes of Nevada, Page 1173 (Chapter 302, AB 517)ê

 

      4.  If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293C.295.

      5.  If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.

      6.  If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides. For the purposes of this subsection, a voter registration card issued pursuant to NRS 293.517 does not provide proof of the address at which a person resides.

      7.  If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:

      (a) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; or

      (b) Brings before the election board officers a person who is at least 18 years of age who:

             (1) Furnishes official identification which contains a photograph of himself, such as his driver’s license or other official document; and

             (2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.

      8.  The election board officers shall:

      (a) Record on the challenge list:

             (1) The name of the challenged person;

             (2) The name of the registered voter who initiated the challenge; and

             (3) The result of the challenge; and

      (b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge.

      Sec. 35.  NRS 293C.295 is hereby amended to read as follows:

      293C.295  1.  If a person is successfully challenged on the ground set forth in paragraph (a) of subsection 2 of NRS 293C.292 or if a person refuses to provide an affirmation pursuant to NRS 293C.525, the election board shall instruct the voter that he may vote only at the special polling place in the manner set forth in this section.

      2.  The city clerk shall maintain at least one special polling place at such locations as he deems necessary during each election. The ballots voted at the special polling place must be kept separate from the ballots of voters who have not been so challenged or who have provided an affirmation pursuant to NRS 293C.525 in:

      (a) A special ballot box if the ballots are paper ballots ; [or ballots that are voted by punching a card;] or

      (b) A special sealed container if the ballots are ballots that are voted on a mechanical recording device which directly records the votes electronically.

      3.  A person who votes at a special polling place may place his vote only for the following offices and questions:

      (a) All officers for whom all voters in the city may vote; and

      (b) Questions that have been submitted to all voters of the city.

 


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ê2007 Statutes of Nevada, Page 1174 (Chapter 302, AB 517)ê

 

      4.  The ballots voted at the special polling place must be counted when other ballots are counted and:

      (a) If the ballots are paper ballots , [or ballots that are voted by punching a card,] maintained in a separate ballot box; or

      (b) If the ballots are ballots that are voted on a mechanical recording device that directly records the votes electronically, maintained in a separate sealed container,

Ê until any contest of election is resolved or the date for filing a contest of election has passed, whichever is later.

      Sec. 35.5.  NRS 293C.315 is hereby amended to read as follows:

      293C.315  1.  Any registered voter of this State who resides outside the continental United States may use a facsimile machine to request an absent ballot. The registered voter shall state on the request whether he requests the city clerk to send the absent ballot by mail or facsimile machine and whether he will return the absent ballot to the city clerk by mail or facsimile machine.

      2.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by mail, he shall include with his completed absent ballot the identification envelope provided by the city clerk. The identification envelope must be in the form prescribed by the Secretary of State and include, without limitation:

      (a) A declaration, under penalty of perjury, stating that the registered voter resides within the precinct in which he is voting and is the person whose name appears on the envelope;

      (b) The signature of the registered voter;

      (c) The address that the registered voter provided on his application for voter registration; and

      (d) A statement that the voter has not applied and will not apply to any other city clerk for an absent ballot.

      3.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by facsimile machine, he shall include with his completed absent ballot the following:

 

OATH OF VOTER

 

I, ______________________, acknowledge that by returning my voted ballot by facsimile transmission I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature, whether on this oath of voter form or my identification envelope, will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

 

My residential address is

_____________________________________________.

(Street Address)     (City)       (ZIP Code)

 

My current mailing address is

_______________________________________.

 

My e-mail address is ______________.

My facsimile transmission number is _________.

 


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ê2007 Statutes of Nevada, Page 1175 (Chapter 302, AB 517)ê

 

I am a resident of __________ County, State of Nevada, and I have not applied, nor do I intend to apply, for an absentee ballot from any other jurisdiction for the same election.

 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

   Dated this _____ day of _____, 20____.

 

   (Signed)

______________________________________________________

                voter   (power of attorney cannot be accepted)

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT, ALL OF WHICH ARE RETURNED BY FACSIMILE TRANSMISSION.

 

      4.  The city clerk , if so requested pursuant to subsection 1, shall use a facsimile machine to send an absent ballot and the oath, as required pursuant to subsection 3, to the registered voter.

      [3.  The registered voter shall mail his absent ballot to the city clerk.

      4.] 5.  Each city clerk shall ensure the secrecy of absentee ballots that are submitted by facsimile machine.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 36.  NRS 293C.322 is hereby amended to read as follows:

      293C.322  1.  Except as otherwise provided in subsection 2, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail , unless otherwise requested pursuant to NRS 293C.315, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail , unless otherwise requested pursuant to NRS 293C.315, if the absent voter is in a foreign country but not on a military base:

      (a) [Except as otherwise provided in paragraph (b):

             (1)] An absent ballot;

             [(2)] (b) A return envelope;

             [(3)] (c) Supplies for marking the ballot;

             [(4)] (d) An envelope or similar device into which the ballot is inserted to ensure its secrecy; [and]

             [(5) Instructions.

      (b) In those cities using a mechanical voting system whereby a vote is cast by punching a card:

             (1) A card attached to a sheet of foam plastic or similar backing material;

             (2) A return envelope;

             (3) A punching instrument;

             (4) A sample ballot;

             (5) An envelope or similar device into which the card is inserted to ensure its secrecy; and

             (6)] (e) An identification envelope, if applicable pursuant to NRS 293C.315; and

 


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ê2007 Statutes of Nevada, Page 1176 (Chapter 302, AB 517)ê

 

      (f) Instructions.

      2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter shall mail his absent ballot to the city clerk.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2.

      5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 36.5.  NRS 293C.325 is hereby amended to read as follows:

      293C.325  1.  Except as otherwise provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the city clerk through the mails [,] or facsimile and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If the city clerk has appointed an absent ballot central counting board, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope or facsimile against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. At the end of each day before election day, the city clerk may remove the ballots from each ballot box and neatly stack the ballots in a container. Except as otherwise provided in subsection 3, on election day the city clerk shall deliver the ballot box and, if applicable, each container to the absent ballot counting board to be counted.

      3.  If the city uses a mechanical voting system, the city clerk shall, upon receipt of each absent voter’s ballot, make a record of the return and check the signature on the return envelope or facsimile against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Except as otherwise provided in this subsection, on election day the city clerk shall deliver the ballot box and each container, if applicable, to the central counting place. If the city uses a mechanical voting system and the city clerk has appointed an absent ballot central counting board, the city clerk may, not earlier than 4 working days before the election, deliver the ballots to the absent ballot central counting board to be processed and prepared for tabulation pursuant to the procedures established by the Secretary of State.

 


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ê2007 Statutes of Nevada, Page 1177 (Chapter 302, AB 517)ê

 

central counting board to be processed and prepared for tabulation pursuant to the procedures established by the Secretary of State.

      Sec. 37.  NRS 293C.330 is hereby amended to read as follows:

      293C.330  1.  Except as otherwise provided in NRS 293C.315 and subsection 2 of NRS 293C.322 and any regulations adopted pursuant thereto, when an absent voter receives his ballot, he must mark and fold it [, if it is a paper ballot, or punch it, if the ballot is voted by punching a card,] in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.

      2.  Except as otherwise provided in subsection 3, if an absent voter who has requested a ballot by mail applies to vote the ballot in person at:

      (a) The office of the city clerk, he must mark [or punch] the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the city clerk.

      (b) A polling place, including, without limitation, a polling place for early voting, he must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it “Cancelled.”

      3.  If an absent voter who has requested a ballot by mail applies to vote in person at the office of the city clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:

      (a) Provides satisfactory identification;

      (b) Is a registered voter who is otherwise entitled to vote; and

      (c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.

      4.  Except as otherwise provided in NRS 293C.317, it is unlawful for any person to return an absent ballot other than the voter who requested the absent ballot or, at the request of the voter, a member of his family. A person who returns an absent ballot and who is a member of the family of the voter who requested the absent ballot shall, under penalty of perjury, indicate on a form prescribed by the city clerk that he is a member of the family of the voter who requested the absent ballot and that the voter requested that he return the absent ballot. A person who violates the provisions of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 37.5.  NRS 293C.332 is hereby amended to read as follows:

      293C.332  On the day of an election, the precinct or district election boards receiving the absent voters’ ballots from the city clerk shall, in the presence of a majority of the election board officers, remove the ballots from the ballot box and the containers in which the ballots were transported pursuant to NRS 293C.325 and deposit the ballots in the regular ballot box in the following manner:

      1.  The name of the voter, as shown on the return envelope [,] or facsimile, must be called and checked as if the voter were voting in person;

      2.  The signature on the back of the return envelope or on the facsimile must be compared with that on the original application to register to vote;

      3.  If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

 


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ê2007 Statutes of Nevada, Page 1178 (Chapter 302, AB 517)ê

 

compared, the number strip or stub detached from the ballot and, if the numbers are the same, the ballot deposited in the regular ballot box; and

      4.  The election board officers shall mark in the pollbook opposite the name of the voter the word “Voted.”

      Sec. 38.  NRS 293C.347 is hereby amended to read as follows:

      293C.347  1.  The city clerk shall:

      (a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;

      (b) Enroll the name and address of each voter found eligible to vote in those precincts in the mailing precinct record book;

      (c) Mark the number of the ballot on the return envelope; and

      (d) Mail the ballot to the registered voter.

      2.  [Except as otherwise provided in subsection 3, the] The ballot must be accompanied by:

      (a) Supplies for marking the ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) A sample ballot; and

      (e) Instructions regarding the manner of marking and returning the ballot.

      [3.  In those cities using a mechanical voting system whereby a vote is cast by punching a card, the ballot must be accompanied by:

      (a) A sheet of foam plastic or similar backing material attached to the card;

      (b) A punching instrument;

      (c) A return envelope;

      (d) An envelope or similar device into which the card is inserted to ensure its secrecy;

      (e) A sample ballot; and

      (f) Instructions concerning the manner of punching and returning the card.]

      Sec. 39.  NRS 293C.350 is hereby amended to read as follows:

      293C.350  Upon receipt of a mailing ballot from the city clerk, the registered voter must:

      1.  [Except as otherwise provided in subsection 2:

      (a)] Immediately after opening the envelope, mark and fold the ballot;

      [(b)] 2.  Place the ballot in the return envelope;

      [(c)] 3.  Affix his signature on the back of the envelope; and

      [(d)] 4.  Mail or deliver the envelope to the city clerk.

      [2.  In those cities using a mechanical voting system whereby a vote is cast by punching a card:

      (a) Immediately after opening the envelope, punch the card;

      (b) Place the unfolded card in the return envelope;

      (c) Affix his signature on the back of the envelope; and

      (d) Mail or deliver the envelope to the city clerk.]

      Sec. 40.  NRS 293C.356 is hereby amended to read as follows:

      293C.356  1.  If a request is made to vote early by a registered voter in person, the city clerk shall issue a ballot for early voting to the voter. Such a ballot must be voted on the premises of the clerk’s office and returned to the clerk.

 


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clerk. If the ballot is a paper ballot , [or a ballot which is voted by punching a card,] the clerk shall follow the same procedure as in the case of absent ballots received by mail.

      2.  On the dates for early voting prescribed in NRS 293C.3568, each city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued ballots for early voting in accordance with this section.

      Sec. 41.  NRS 293C.3585 is hereby amended to read as follows:

      293C.3585  1.  Upon the appearance of a person to cast a ballot for early voting, the deputy clerk for early voting shall:

      (a) Determine that the person is a registered voter in the county;

      (b) Instruct the voter to sign the roster for early voting; and

      (c) Verify the signature of the voter against that contained on the original application to register to vote or a facsimile thereof, the card issued to the voter at the time of registration or some other piece of official identification.

      2.  The city clerk shall prescribe a procedure, approved by the Secretary of State, to determine that the voter has not already voted pursuant to this section.

      3.  The roster for early voting must contain:

      (a) The voter’s name, the address where he is registered to vote, his voter identification number and a place for the voter’s signature;

      (b) The voter’s precinct or voting district number; and

      (c) The date of voting early in person.

      4.  When a voter is entitled to cast his ballot and has identified himself to the satisfaction of the deputy clerk for early voting, he is entitled to receive the appropriate ballot or ballots, but only for his own use at the polling place for early voting.

      5.  [If the ballot is voted by punching a card, the deputy clerk for early voting shall:

      (a) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on the card;

      (b) Direct the voter to the appropriate mechanical recording device for his form of ballot; and

      (c) Allow the voter to place his voted ballot in the ballot box.

      6.]  If the ballot is voted on a mechanical recording device which directly records the votes electronically, the deputy clerk for early voting shall:

      (a) Prepare the mechanical recording device for the voter;

      (b) Ensure that the voter’s precinct or voting district and the form of ballot are indicated on each part of the voting receipt;

      (c) Retain one part of the voting receipt for the election board and return the other part of the voting receipt to the voter; and

      (d) Allow the voter to cast his vote.

      [7.] 6.  A voter applying to vote early by personal appearance may be challenged pursuant to NRS 293C.292.

      Sec. 42.  NRS 293C.359 is hereby amended to read as follows:

      293C.359  The ballot box for early voting in which voted ballots which are paper ballots [or ballots which are voted by punching a card] are deposited must have two numbered seals, and must be designed and constructed so that the box can be sealed to detect any unauthorized opening of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box.

 


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of the box and that the ballot slot can be sealed to prevent any unauthorized deposit in the box. The seals for the boxes must be serially numbered for each election.

      Sec. 43.  NRS 293C.3602 is hereby amended to read as follows:

      293C.3602  If paper ballots [or ballots which are voted by punching a card] are used during the period for early voting by personal appearance:

      1.  Each voting day during that period, the ballots voted at the permanent or temporary polling place may be removed from the ballot box and neatly stacked in a container that is sealed with a numbered seal after the ballots are stacked inside. The ballot box or sealed container must be delivered by an election board officer to the city clerk’s office at the close of each voting day. The seal on the ballot box or container must indicate the number of voted ballots contained in that box or container for that day.

      2.  When the ballot box or container is delivered pursuant to subsection 1, the city clerk shall provide a new ballot box sealed in the manner prescribed in NRS 293C.359.

      3.  At the close of each voting day before the fourth voting day before the last day to vote early, the city clerk may deliver all ballots voted to the ballot board for early voting. At the close of the fourth voting day before the last day to vote early and at the close of each of the 3 days thereafter, the city clerk shall deliver all ballots voted to the ballot board for early voting. At the close of the last voting day, the city clerk shall deliver to the ballot board for early voting:

      (a) Each remaining ballot box and container that holds the ballots voted early by personal appearance;

      (b) A voting roster of all persons who voted early by personal appearance; and

      (c) Any list of registered voters used in conducting early voting.

      4.  Upon the receipt of the ballots, the board shall:

      (a) Remove all ballots from the ballot boxes and containers and sort the ballots by precinct or voting district;

      (b) Count the number of ballots by precinct or voting district;

      (c) Account for all ballots on an official statement of ballots; and

      (d) Place all official ballots in the container provided to transport those items to a central counting place and seal the container with a numbered seal. The official statement of ballots must accompany the voted ballots to the central counting place.

      5.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsections 1 and 4 if those members do not interfere with the handling of the ballots.

      Sec. 44.  NRS 293C.362 is hereby amended to read as follows:

      293C.362  When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed. If the ballots are paper ballots , [or ballots that are voted by punching a card,] the counting board shall prepare in the following manner:

      1.  The pollbooks must be compared and errors corrected until the books agree.

      2.  The container that holds the ballots [,] or the ballot box must be opened and the ballots contained therein counted by the counting board and opened far enough to determine whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed.

 


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they must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots folded together were voted by one person, the ballots must be rejected and placed in an envelope, upon which must be written the reason for their rejection. The envelope must be signed by the counting board officers and placed in the container or ballot box after the count is completed.

      3.  If the ballots in the container or box are found to exceed the number of names on the pollbooks, the ballots must be replaced in the container or box and a counting board officer shall, with his back turned to the container or box, draw out a number of ballots equal to the excess. The excess ballots must be marked on the back thereof with the words “Excess ballots not counted.” The ballots when so marked must be immediately sealed in an envelope and returned to the city clerk with the other ballots rejected for any cause.

      4.  When it has been determined that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy must be made.

      Sec. 45.  NRS 293C.367 is hereby amended to read as follows:

      293C.367  1.  The basic factor to be considered by an election board when making a determination of whether a particular ballot must be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of the tampering, the outcome of the election would be affected.

      2.  Regulations for counting ballots must include provisions that:

      (a) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.

      (b) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.

      (c) Only devices provided for in this chapter, chapter 293 or 293B of NRS may be used in marking ballots.

      (d) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.

      (e) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it. Each election board officer shall sign the envelope.

      [(f) In cities where mechanical voting systems are used whereby a vote is cast by punching a card, a superfluous punch into any card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.]

      Sec. 46.  NRS 293C.369 is hereby amended to read as follows:

      293C.369  1.  When counting a vote in an election, if more choices than permitted by the instructions for a ballot are marked for any office or question, the vote for that office or question may not be counted.

 


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ê2007 Statutes of Nevada, Page 1182 (Chapter 302, AB 517)ê

 

      2.  Except as otherwise provided in subsection 1, in an election in which a paper ballot is used whereby a vote is cast by placing a cross in the designated square on the paper ballot, a cross in the designated square must be counted as a vote.

      3.  [Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by punching a card:

      (a) A chip on the card must be counted as a vote if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      (b) A writing or other mark on the card, including, without limitation, a cross, check, tear or scratch, may not be counted as a vote. The remaining votes on such a card must be counted unless the ballot is otherwise disqualified.

      4.]  Except as otherwise provided in subsection 1, in an election in which a mechanical voting system is used whereby a vote is cast by darkening a designated space on the ballot:

      (a) A vote must be counted if the designated space is darkened or there is a writing in the designated space, including, without limitation, a cross or check; and

      (b) Except as otherwise provided in paragraph (a), a writing or other mark on the ballot, including, without limitation, a cross, check, tear or scratch may not be counted as a vote.

      [5.] 4.  The Secretary of State:

      (a) May adopt regulations establishing additional uniform, statewide standards, not inconsistent with this section, for counting a vote cast by a method of voting described in subsection 2 [, 3 or 4;] or 3; and

      (b) Shall adopt regulations establishing uniform, statewide standards for counting a vote cast by each method of voting used in this State that is not described in subsection 2 [, 3 or 4,] or 3, including, without limitation, a vote cast on a mechanical recording device which directly records the votes electronically.

      Sec. 47.  NRS 293C.375 is hereby amended to read as follows:

      293C.375  If paper ballots [or ballots which are voted by punching a card] are used:

      1.  After the tally lists have been completed, the voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, stubs of used ballots, spoiled ballots and unused ballots must be sealed under cover by the counting board officers and addressed to the city clerk.

      2.  The other pollbooks, tally lists and the election board register must be returned to the city clerk.

      Sec. 48.  NRS 293C.385 is hereby amended to read as follows:

      293C.385  1.  After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw from the appropriate ballot boxes or containers all the ballots received the previous day and determine whether each box or container has the required number of ballots according to the city clerk’s absent voters’ ballot record.

      2.  If any absent ballots are received by the city clerk on election day pursuant to NRS 293C.317, the city clerk shall deposit the absent ballots in the appropriate ballot boxes or containers.

 


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ê2007 Statutes of Nevada, Page 1183 (Chapter 302, AB 517)ê

 

      3.  After 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

      4.  If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the city clerk, who shall have the results added to the regular votes of the precinct. [If a mechanical voting system is used in which a voter casts his ballot by punching a card that is counted by a computer, the absent ballots may be counted with the regular votes of the precinct.] The returns of absent ballots must be reported separately from the regular votes of the precinct, unless reporting the returns separately would violate the secrecy of a voter’s ballot. The city clerks shall develop a procedure to ensure that each ballot is kept secret.

      5.  Any person who disseminates to the public information relating to the count of absent ballots before the polls close is guilty of a misdemeanor.

      Sec. 49.  NRS 293C.530 is hereby amended to read as follows:

      293C.530  1.  Before the period for early voting [, but not later than 10 days before] for [an] any election [,] begins, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct , with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      2.  Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:

      (a) Be printed in at least 12-point type;

      (b) Include the fiscal note and explanation, as required pursuant to NRS 293.481 or 293.482, of each citywide measure and advisory question, including arguments for and against it; and

      (c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      3.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      4.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

      5.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.

      6.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter.

 


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ê2007 Statutes of Nevada, Page 1184 (Chapter 302, AB 517)ê

 

polling place and provide reasonable assistance to the voter in casting his vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his ballot at such a centralized voting location rather than at his regularly designated polling place.

      7.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

      Sec. 50.  NRS 293C.620 is hereby amended to read as follows:

      293C.620  1.  At each election a member of the election board for a precinct shall issue each voter a ballot.

      2.  If a mechanical voting system is used in a primary city election whereby votes are directly recorded electronically, a member of the election board shall, in addition to the ballot described in subsection 1, issue the voter a voting receipt.

      3.  The member of the election board shall [:

      (a) Direct] direct the voter to a mechanical recording device containing a list of offices and candidates . [; or

      (b) Issue a ballot attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample ballot and an instruction sheet to the voter and instruct him to punch his ballot by reference to the sample ballot.]

      Sec. 51.  NRS 293C.630 is hereby amended to read as follows:

      293C.630  1.  Upon closing of the polls, the election board shall:

      (a) Secure all mechanical recording devices against further voting.

      (b) [If a mechanical voting system is used whereby votes are cast by punching a card:

             (1) Count the number of ballots in the ballot boxes.

             (2) Account for all ballots on the statement of ballots.

             (3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      (c)] If a mechanical voting system is used whereby votes are directly recorded electronically:

             (1) Ensure that each mechanical recording device:

                   (I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and

                   (II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.

             (2) Count the number of ballots voted at the polling place.

             (3) Account for all ballots on the statement of ballots.

             (4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

 


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ê2007 Statutes of Nevada, Page 1185 (Chapter 302, AB 517)ê

 

mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.

      [(d)] (c) Record the number of voters on a form provided by the city clerk.

      2.  If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the city clerk.

      3.  After closing the polls, the election board shall:

      (a) Compare the quantity of the supplies furnished by the city clerk with the inventory of those supplies; and

      (b) Note any shortages.

      4.  The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.

      Sec. 52.  NRS 293C.645 is hereby amended to read as follows:

      293C.645  The central ballot inspection board shall:

      1.  Receive the ballots in sealed containers.

      2.  Inspect the containers, record the number indicated on each container and its seal pursuant to NRS 293.462 and remove the ballots or storage devices that store the ballots voted on mechanical recording devices that directly record votes electronically.

      3.  Register the numbers of ballots by precinct.

      4.  Deliver any damaged ballots to the ballot duplicating board . [, if the ballots were voted by punching a card.]

      5.  Receive duplicates of damaged ballots from the ballot duplicating board and place the duplicates with the voted ballots of the appropriate precinct . [, if the ballots were voted by punching a card.]

      6.  Place each damaged original ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct . [, if the ballot was voted by punching a card.]

      7.  Reject any ballot that has been marked in a way that identifies the voter.

      8.  Place each rejected ballot in a separate envelope and note on the outside of the envelope the appropriate number of the precinct and the reason for the board’s rejection of the ballot . [, if the ballot was voted by punching a card.]

      Sec. 53.  NRS 293C.655 is hereby amended to read as follows:

      293C.655  [If ballots that are voted by punching a card are used, the] The ballot duplicating board shall:

      1.  Receive damaged ballots, including ballots that have been torn, bent or mutilated.

      2.  [Receive cards with incompletely punched chips.

      3.]  Prepare on a distinctly colored, serially numbered ballot marked “duplicate” an exact copy of each damaged ballot.

      [4.  In the case of a card with an incompletely punched chip:

      (a) Remove the incompletely punched chip if:

             (1) The chip has at least one corner that is detached from the card; or

             (2) The fibers of paper on at least one edge of the chip are broken in a way that permits unimpeded light to be seen through the card; or

      (b) Duplicate the card without punching the location of the incompletely punched chip if:

 


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ê2007 Statutes of Nevada, Page 1186 (Chapter 302, AB 517)ê

 

             (1) The chip does not have at least one corner that is detached from the card; and

             (2) The fibers of paper on no edge of the chip are broken in a way that permits unimpeded light to be seen through the card.

      5.] 3.  Record the serial number of the duplicate ballot on the damaged original ballot and return the damaged and duplicate ballots to the appropriate ballot inspection board.

      [6.] 4.  Hold aside the duplicated ballots for counting after all other ballots are counted if this procedure is directed by the city clerk.

      Sec. 54.  NRS 294A.005 is hereby amended to read as follows:

      294A.005  “Candidate” means any person:

      1.  Who files a declaration of candidacy;

      2.  Who files an acceptance of candidacy;

      3.  Whose name appears on an official ballot at any election; or

      4.  Who has received contributions in excess of $100 [.] , regardless of whether:

      (a) The person has filed a declaration of candidacy or an acceptance of candidacy; or

      (b) The name of the person appears on an official ballot at any election.

      Sec. 55.  NRS 295.056 is hereby amended to read as follows:

      295.056  1.  Before a petition for initiative or referendum is filed with the Secretary of State, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

      2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than the second Tuesday in November of an even-numbered year.

      3.  If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.

      4.  If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in May of an even-numbered year.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time. If documents concerning the same petition are submitted for verification to more than one county clerk, the documents must be submitted to each county clerk on the same day. At the time that the petition is submitted to a county clerk for verification, the petitioners may designate a contact person who is authorized by the petitioners to address questions or issues relating to the petition.

      Sec. 56.  NRS 217.468 is hereby amended to read as follows:

      217.468  1.  Except as otherwise provided in subsections 2 and 3, the Secretary of State shall cancel the fictitious address of a participant 4 years after the date on which the Secretary of State approved the application.

      2.  The Secretary of State shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the Secretary of State that the participant remains in imminent danger of becoming a victim of domestic violence, sexual assault or stalking.

 


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ê2007 Statutes of Nevada, Page 1187 (Chapter 302, AB 517)ê

 

      3.  The Secretary of State may cancel the fictitious address of a participant at any time if:

      (a) The participant changes his confidential address from the one listed in the application and fails to notify the Secretary of State within 48 hours after the change of address; [or]

      (b) The Secretary of State determines that false or incorrect information was knowingly provided in the application [.] ; or

      (c) The participant files a declaration or acceptance of candidacy pursuant to NRS 293.177 or 293C.185.

      Sec. 57.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

      2.  The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

      (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.050, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

      (b) The payment of claims which are obligations of the State pursuant to:

             (1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176A.640, 179.225 [, 213.153 and 293B.210,] and 213.153,

Ê except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

      3.  The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

      Sec. 58.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The Reserve for Statutory Contingency Account is hereby created in the State General Fund.

      2.  The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:

      (a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;

 


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ê2007 Statutes of Nevada, Page 1188 (Chapter 302, AB 517)ê

 

      (b) The payment of claims which are obligations of the State pursuant to:

             (1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and

             (2) NRS 7.155, 34.750, 176A.640, 179.225 [, 213.153 and 293B.210,] and 213.153,

Ê except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;

      (c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims; and

      (d) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.

      3.  The State Board of Examiners may authorize its Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board.

      Sec. 59.  NRS 293B.160 and 293B.210 are hereby repealed.

      Sec. 60.  1.  This section, sections 1 to 57, inclusive, and 59 of this act become effective upon passage and approval.

      2.  Section 57 of this act expires by limitation upon enactment of the Interstate Compact for Juveniles into law by the 35th jurisdiction.

      3.  Section 58 of this act becomes effective upon enactment of the Interstate Compact for Juveniles into law by the 35th jurisdiction.

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