LAWS OF THE STATE OF NEVADA

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ê2009 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE

OF NEVADA

Passed at the

SEVENTY-FIFTH SESSION OF THE LEGISLATURE

2009

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Horsford and Raggio

 

CHAPTER 1

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 75th Legislative Session; and providing other matters properly relating thereto.

 

[Approved: February 11, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $15,000,000 for the costs of the 75th Legislative Session.

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

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CHAPTER 2, AB 103

Assembly Bill No. 103–Assemblywoman Leslie

 

CHAPTER 2

 

AN ACT relating to children; requiring the Legislative Auditor to conduct performance audits of governmental facilities for children as directed by the Legislative Commission; requiring the Legislative Auditor or his designee to inspect, review and survey governmental facilities for children and private facilities for children to determine whether such facilities adequately protect the health, safety and welfare of the children in the facilities; and providing other matters properly relating thereto.

 

[Approved: March 12, 2009]

 


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ê2009 Statutes of Nevada, Page 2 (Chapter 2, AB 103)ê

 

Legislative Counsel’s Digest:

      Existing law enacted in the 2007 Legislative Session appropriated $250,000 for the Legislative Auditor to employ or contract with an auditor to serve as the Child Welfare Specialist during the 2007-2009 biennium. (Section 6 of chapter 348, Statutes of Nevada 2007, p. 1659) The law set out the duties of the Child Welfare Specialist, which included conducting such performance audits of governmental facilities for children as assigned by the Legislative Auditor and inspecting, reviewing and surveying other governmental and private facilities for children to determine whether such facilities adequately protect the health, safety and welfare of the children in the facilities and whether the facilities respect the civil and other rights of the children in their care.

      This bill effectively transfers the duties of the Child Welfare Specialist to the Legislative Auditor and codifies those duties in NRS as continuing duties of the Legislative Auditor. Section 6 of this bill requires the Legislative Auditor, as directed by the Legislative Commission, to conduct performance audits of governmental facilities for children. Sections 7 and 8 of this bill require the Legislative Auditor or his designee to inspect, review and survey governmental facilities for children and private facilities for children to determine whether such facilities adequately protect the health, safety and welfare of the children in the facilities and whether the facilities respect the civil and other rights of the children in their care. Section 9 of this bill requires each governmental facility for children and private facility for children to cooperate fully with the Legislative Auditor or his designee in the performance of his duties, allow the Legislative Auditor or his designee to enter the facility and any area within the facility with or without prior notice, interview children and staff at the facility and inspect, review and copy any records, reports and other documents relevant to his duties. Section 9 also requires such a facility to forward to the Legislative Auditor or his designee copies of any complaint that is filed by a child under the care or custody of the facility or by any other person on behalf of such a child concerning the health, safety, welfare, and civil and other rights of the child.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Family foster home” has the meaning ascribed to it in NRS 424.013.

      Sec. 3.  1.  “Governmental facility for children” means any facility, detention center, treatment center, hospital, institution, group shelter or other establishment which is owned or operated by a governmental entity and which has physical custody of children pursuant to the order of a court.

      2.  The term does not include any facility, detention center, treatment center, hospital, institution, group shelter or other establishment which is licensed as a family foster home or group foster home, except one which provides emergency shelter care or which is capable of handling children who require special care for physical, mental or emotional reasons.

      Sec. 4.  “Group foster home” has the meaning ascribed to it in NRS 424.015.

      Sec. 5.  1.  “Private facility for children” means any facility, detention center, treatment center, hospital, institution, group shelter or other establishment which is owned or operated by a person and which has physical custody of children pursuant to the order of a court.

      2.  The term does not include any facility, detention center, treatment center, hospital, institution, group shelter or other establishment which is licensed as a family foster home or group foster home, except one which provides emergency shelter care or which is capable of handling children who require special care for physical, mental or emotional reasons.

 


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ê2009 Statutes of Nevada, Page 3 (Chapter 2, AB 103)ê

 

licensed as a family foster home or group foster home, except one which provides emergency shelter care or which is capable of handling children who require special care for physical, mental or emotional reasons.

      Sec. 6.  The Legislative Auditor, as directed by the Legislative Commission pursuant to NRS 218.850, shall conduct performance audits of governmental facilities for children.

      Sec. 7.  The Legislative Auditor or his designee shall inspect, review and survey governmental facilities for children and private facilities for children to determine whether such facilities adequately protect the health, safety and welfare of the children in the facilities and whether the facilities respect the civil and other rights of the children in their care.

      Sec. 8.  The Legislative Auditor or his designee, in performing his duties pursuant to section 7 of this act, shall:

      1.  Receive and review copies of all guidelines used by governmental facilities for children and private facilities for children concerning the health, safety, welfare, and civil and other rights of children;

      2.  Receive and review copies of each complaint that is filed by any child or other person on behalf of a child who is under the care of a governmental facility for children or private facility for children concerning the health, safety, welfare, and civil and other rights of the child;

      3.  Perform unannounced site visits and on-site inspections of governmental facilities for children and private facilities for children;

      4.  Review reports and other documents prepared by governmental facilities for children and private facilities for children concerning the disposition of any complaint which was filed by any child or other person on behalf of a child concerning the health, safety, welfare, and civil and other rights of the child;

      5.  Review the practices, policies and procedures of governmental facilities for children and private facilities for children for filing and investigating complaints made by children under their care or by any other person on behalf of such children concerning the health, safety, welfare, and civil and other rights of the children; and

      6.  Receive, review and evaluate all information and reports from a governmental facility for children or private facility for children relating to a child who suffers a fatality or near fatality while under the care or custody of the facility.

      Sec. 9.  Each governmental facility for children and private facility for children shall:

      1.  Cooperate fully with the Legislative Auditor or his designee in the performance of his duties pursuant to sections 7 and 8 of this act;

      2.  Allow the Legislative Auditor or his designee to enter the facility and any area within the facility with or without prior notice;

      3.  Allow the Legislative Auditor or his designee to interview children and staff at the facility;

      4.  Allow the Legislative Auditor or his designee to inspect, review and copy any records, reports and other documents relevant to his duties; and

      5.  Forward to the Legislative Auditor or his designee copies of any complaint that is filed by a child under the care or custody of a governmental facility for children or private facility for children or by any other person on behalf of such a child concerning the health, safety, welfare, and civil and other rights of the child.

 


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ê2009 Statutes of Nevada, Page 4 (Chapter 2, AB 103)ê

 

      Sec. 10.  NRS 218.862 is hereby amended to read as follows:

      218.862  As used in NRS 218.862 to 218.867, inclusive, and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 218.863, 218.864 and 218.865 and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 11.  This act becomes effective on July 1, 2009.

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CHAPTER 3, AB 78

Assembly Bill No. 78–Committee on Corrections, Parole, and Probation

 

CHAPTER 3

 

AN ACT relating to offenders; requiring the State Forester Firewarden to establish and carry out a program for operating conservation camps which use offenders; authorizing the State Forester Firewarden to enter into contracts and cooperative agreements to carry out the program; and providing other matters properly relating thereto.

 

[Approved: March 12, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain provisions governing offenders working in conservation camps. For example, existing law provides that money which is received from the operation of a conservation camp and which is not used for salaries, overhead or operating expenses of any conservation camp is required to be deposited in the Division of Forestry Account. (NRS 209.231) Further, existing law requires the State Forester Firewarden to determine the amount of wages that must be paid to offenders who participate in conservation camps. (NRS 472.040) However, there is no provision that currently authorizes or requires the creation of conservation camps.

      Section 1 of this bill specifically requires the State Forester Firewarden, in cooperation with the Department of Corrections, to establish and carry out a program for operating conservation camps. Section 1 also provides that the program: (1) may use certain offenders to perform work projects of the conservation camp which include firefighting; and (2) must include a sufficient amount of training to prepare the staff of a conservation camp and the offenders assigned to the conservation camp to assist in firefighting and other work projects in a safe manner. Section 1 also authorizes the State Forester Firewarden to enter into contracts and cooperative agreements to carry out the program for operating conservation camps.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Forester Firewarden shall, in cooperation with the Department, establish and carry out a program for operating conservation camps in this State.

      2.  The program established pursuant to subsection 1:

      (a) May use offenders who are committed to the custody of the Department and eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481 and the regulations adopted pursuant thereto to perform work relating to firefighting, forestry conservation programs, public safety and other work projects, including, without limitation, day labor projects, emergency response and work projects that promote conservation of natural resources and human resources; and

 


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ê2009 Statutes of Nevada, Page 5 (Chapter 3, AB 78)ê

 

projects, including, without limitation, day labor projects, emergency response and work projects that promote conservation of natural resources and human resources; and

      (b) Must include the training necessary to prepare the staff of a conservation camp and the offenders assigned to the conservation camp to assist in firefighting and other work projects in a safe manner.

      3.  The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into:

      (a) Contracts with any state or federal public agency, municipal corporation or any person for the performance of conservation projects, including, without limitation, conservation projects relating to forest fire protection and control, watershed management, soil conservation, vegetation management, range management and the beautification of highways; and

      (b) Cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners to carry out a program for operating conservation camps as set forth in this section.

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

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CHAPTER 4, IP 1

Initiative Petition No. 1

 

CHAPTER 4

 

AN ACT relating to taxation; imposing an additional tax on the gross receipts from the rental of transient lodging in certain counties; providing for the use of the proceeds; and providing other matters properly relating thereto.

 

[Approved: March 18, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Purpose.  This measure provides by statute for the imposition of an additional tax on the gross receipts from the rental of transient lodging in certain counties, and for the manner in which the proceeds of the tax must be used.

      Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this measure.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, in any county whose population is 300,000 or more, the board of county commissioners shall impose a tax at the rate of 3 percent of the gross

receipts from the rental of transient lodging in that county. Except as otherwise provided in subsection 2, the tax must be imposed throughout the county, including its incorporated cities, upon all persons in the business of providing lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

      2.  If the sum of the rates of all other taxes existing on July 31, 2008, and imposed by the State of Nevada or any unit of local government on the gross receipts from the rental of transient lodging in any area of the county exceeds 10 percent, the tax imposed pursuant to this section in that area must be imposed at a rate equal to the difference between 13 percent and the sum of the rates of the existing taxes.

 


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ê2009 Statutes of Nevada, Page 6 (Chapter 4, IP 1)ê

 

gross receipts from the rental of transient lodging in any area of the county exceeds 10 percent, the tax imposed pursuant to this section in that area must be imposed at a rate equal to the difference between 13 percent and the sum of the rates of the existing taxes. If the sum of the rates of the existing taxes in any area of the county is equal to or greater than 13 percent, no additional tax may be imposed in that area pursuant to this section. For the purposes of this section, the sum of the rates of any existing taxes must be determined as of July 31, 2008, and any increase in the rate of an existing tax after that date does not reduce the rate of the tax imposed pursuant to this section.

      3.  The tax imposed pursuant to this section must be collected with and in the same manner as any other tax imposed by the county on the gross receipts from the rental of transient lodging. The tax may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the county for the tax whether or not it is actually collected from a paying guest.

      4.  If the tax imposed pursuant to this section is not paid within the time set forth in the schedule for payment, the county shall charge and collect in addition to the tax:

      (a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the board of county commissioners, whichever is greater; and

      (b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.

      Sec. 4.  Except as otherwise provided in this section, the proceeds of the tax imposed pursuant to section 3 of this measure and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State General Fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section or section 3 of this measure, but in no case exceeding the amount authorized by statute for this purpose.

      Sec. 5.  NRS 244.3359 is hereby amended to read as follows:

      244.3359  1.  A county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351 [and 244.3352.] , 244.3352 and section 3 of this measure.

      2.  A county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991 [.] , except pursuant to section 3 of this measure.

      3.  [The] Except as otherwise provided in subsection 2 and sections 4 and 6 of this measure, the Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.

 


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ê2009 Statutes of Nevada, Page 7 (Chapter 4, IP 1)ê

 

      Sec. 6.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, the proceeds of the tax imposed pursuant to section 3 of this measure and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State Supplemental School Support Fund, which is hereby created in the State Treasury as a special revenue fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section or section 3 of this measure, but in no case exceeding the amount authorized by statute for this purpose. Any interest or other income earned on the money in the State Supplemental School Support Fund must be credited to the Fund.

      2.  The money in the State Supplemental School Support Fund is hereby appropriated for the operation of the school districts and charter schools of the state, as provided in this section. The money so appropriated is intended to supplement and not replace any other money appropriated, approved or authorized for expenditure to fund the operation of the public schools for kindergarten through grade 12. Any money that remains in the State Supplemental School Support Fund at the end of the fiscal year does not revert to the State General Fund, and the balance in the State Supplemental School Support Fund must be carried forward to the next fiscal year.

      3.  On or before February 1, May 1, August 1 and November 1 of each year, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support Fund all the proceeds of the tax imposed pursuant to section 3 of this measure, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of students enrolled in the school district or charter school by the number of students enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of students who reside in the district and are enrolled in a charter school must be determined as of the last day of the first school month of the school district for the school year. This determination governs the distribution of money pursuant to this subsection until the next annual determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section, to the extent that the Superintendent incurs any cost he would not have incurred but for the enactment of this section, but in no case exceeding the amount authorized by statute for this purpose.

      4.  The money received by a school district or charter school from the State Supplemental School Support Fund pursuant to this section must be used to improve the achievement of students and for the payment of salaries to attract and retain qualified teachers and other employees, except administrative employees, of the school district or charter school. Nothing contained in this section shall be deemed to impair or restrict the right of employees of the school district or charter school to engage in collective bargaining as provided by Chapter 288 of NRS.

 


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ê2009 Statutes of Nevada, Page 8 (Chapter 4, IP 1)ê

 

employees of the school district or charter school to engage in collective bargaining as provided by Chapter 288 of NRS.

      5.  On or before November 10 of each year, the board of trustees of each school district and the governing body of each charter school shall prepare a report to the Superintendent of Public Instruction, in the form prescribed by the Superintendent. The report must provide an accounting of the expenditures by the school district or charter school of the money it received from the State Supplemental School Support Fund during the preceding fiscal year.

      6.  As used in this section, “administrative employee” means any person who holds a license as an administrator, issued by the Superintendent of Public Instruction, and is employed in that capacity by a school district or charter school.

      Sec. 7.  NRS 387.030 is hereby amended to read as follows:

      387.030  All money derived from interest on the State Permanent School Fund, together with all money derived from other sources provided by law, must:

      1.  [Be] Except as otherwise provided in section 6 of this measure, be placed in the State Distributive School Account which is hereby created in the State General Fund; and

      2.  Except as otherwise provided in NRS 387.528, be apportioned among the several school districts and charter schools of this State at the times and in the manner provided by law.

      Sec. 8.  Transitory provision.

      1.  Notwithstanding the expiration of section 4 of this measure on June 30, 2011, any tax and any interest or penalty owing and unpaid as of that date and collected on or before October 1, 2011, must be paid, deposited and credited to the State General Fund as provided in that section.

      2.  The Superintendent of Public Instruction shall make the initial transfer from the State Supplemental School Support Fund, as required by section 6 of this measure, on or before February 1, 2012.

      3.  The board of trustees of each school district and the governing body of each charter school shall prepare their initial reports to the Superintendent of Public Instruction, as required by section 6 of this measure, on or before November 10, 2012.

      Sec. 9.  Effective dates; expiration of certain provisions.

      1.  This section and sections 1 and 10 of this measure become effective:

      (a) For the purposes of any challenge to the validity or legal sufficiency of this measure or any part of it, on July 31, 2008; and

      (b) For all other purposes:

            (1) If subsection 2 is applicable, upon passage and approval; or

            (2) If subsection 3 is applicable, upon completion of the canvass of votes by the Supreme Court.

      2.  If this measure is enacted by the 75th Session of the Legislature and approved by the Governor as provided in subsection 3 of Section 2 of Article 19 of the Nevada Constitution:

      (a) Sections 2 to 5, inclusive, and section 8 of this measure become effective:

            (1) Upon passage and approval, for the purposes of adopting the ordinance imposing the tax; and

            (2) On July 1, 2009, for all other purposes.

      (b) Section 4 of this measure expires by limitation on June 30, 2011.

 


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ê2009 Statutes of Nevada, Page 9 (Chapter 4, IP 1)ê

 

      (c) Sections 6 and 7 of this measure become effective on July 1, 2011.

      3.  If this measure is not enacted and approved as provided in subsection 2, but is approved by the voters after the measure has been referred or submitted to the voters pursuant to subsection 3 of Section 18 of Article 4 or subsection 3 of Section 2 of Article 19 of the Nevada Constitution:

      (a) Sections 2 and 3 and sections 5 to 8, inclusive, of this measure become effective:

            (1) Upon the completion of the canvass of votes by the Supreme Court, for the purposes of adopting the ordinance imposing the tax; and

            (2) On January 1, 2011, for all other purposes.

      (b) Section 4 of this measure shall not become effective.

      Sec. 10.  Severability.  If any provision of this measure or its application to any person or circumstance is held to be invalid or ineffective, the invalidity or ineffectiveness must be given the narrowest possible construction and shall not affect any other provision or application of this measure.

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CHAPTER 5, AB 27

Assembly Bill No. 27–Committee on Judiciary

 

CHAPTER 5

 

AN ACT relating to crimes; revising the provisions governing the application of victims of identity theft for an identity theft passport; and providing other matters properly relating thereto.

 

[Approved: March 24, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a person who is a victim of identity theft in this State may apply for an identity theft passport. (NRS 205.4651) This bill revises certain provisions concerning the identity theft passport to: (1) change the name from identity theft passport to identity theft program card; (2) revise the requirements concerning the filing of a signed written crime report by residents and nonresidents of this State; (3) clarify that an applicant must meet certain criteria before an identity theft program card may be issued; and (4) expand the types of agencies which may accept an application for an identity theft program card.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 205.4651 is hereby amended to read as follows:

      205.4651  1.  A person who is a victim of identity theft [in] who is a:

      (a) Resident of this State and who has filed with a law enforcement agency in any state a signed written report stating that the person is a victim of identity theft ; or

      (b) Nonresident of this State who has filed with a law enforcement agency in this State a signed written report stating that the person is a victim of identity theft,

Ê may apply for an identity theft [passport] program card through any [law enforcement agency.] agency designated by the Attorney General.

 


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ê2009 Statutes of Nevada, Page 10 (Chapter 5, AB 27)ê

 

      2.  A [law enforcement] designated agency that receives an application for an identity theft [passport] program card shall submit the application and a copy of the written report described in subsection 1 to the Attorney General for [processing for] review and, if the applicant meets the requirements pursuant to subsection 1, issuance of an identity theft [passport.] program card.

      3.  The Attorney General, in cooperation with any law enforcement agency, may issue an identity theft [passport] program card to a person who is a victim of identity theft.

      4.  A person who is issued an identity theft [passport] program card pursuant to subsection 3 may present his identity theft [passport] program card to:

      (a) A law enforcement agency to help prevent the arrest or detention of the person for an offense committed by another person using his personal identifying information; or

      (b) A creditor to aid in the investigation of any fraudulent account that is opened in his name or any fraudulent charge that is made against an account in his name.

      5.  The law enforcement agency or creditor that is presented with an identity theft [passport] program card pursuant to subsection 4 has sole discretion to accept or reject [such passport.] the program card. In determining whether to accept or reject the identity theft [passport,] program card, the law enforcement agency or creditor may consider the surrounding circumstances and available information regarding the identity theft of the person.

      6.  An application for an identity theft [passport] program card submitted pursuant to this section, including any supporting documentation, is not a public record , and no part of it may be released except to a law enforcement agency in this or another state.

      7.  The Attorney General may adopt regulations necessary to carry out the provisions of this section.

      8.  The Attorney General may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.

      9.  For the purposes of this section, “resident” shall be construed in accordance with the provisions of NRS 10.155.

      10.  As used in this section:

      (a) “Identity theft” means a violation of the provisions of NRS 205.463, 205.464 or 205.465.

      (b) “Identity theft [passport”] program card” means a card or certificate issued by the Attorney General that identifies a person who has [filed with a local or state law enforcement agency in the State of Nevada a signed written crime report that he is a victim of an alleged crime of identity theft] complied with the provisions of subsection 1 and, except as otherwise provided in this section, must be given a reasonable opportunity to prove to a law enforcement agency, creditor or other lawfully interested person or

governmental entity that he is the victim and not the perpetrator of any alleged crime, breach of contract or other wrongdoing normally associated with victims of the crime of identity theft.

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ê2009 Statutes of Nevada, Page 11ê

 

CHAPTER 6, SB 39

Senate Bill No. 39–Committee on Natural Resources

 

CHAPTER 6

 

AN ACT relating to agriculture; eliminating the requirement that the State Department of Agriculture provide annual proposed programs for the control of invasive species and certain endemic pests and weeds to counties; and providing other matters properly relating thereto.

 

[Approved: April 2, 2009]

 

Legislative Counsel’s Digest:

      This bill eliminates the requirement for the State Department of Agriculture to present annually to each board of county commissioners proposed programs for the exclusion, detection and control of invasive species and endemic pests and weeds designated by the Director of the Department that involve cooperative action between the Department and the county. (NRS 561.355)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.355 is hereby amended to read as follows:

      561.355  1.  The Plant Industry Program is hereby established.

      2.  The following fees and money must be used in the Plant Industry Program:

      (a) Fees and money collected pursuant to the provisions of chapters 552, 555 and 587 of NRS.

      (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 552 of NRS.

      (c) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS.

      (d) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 555.005 to 555.249, inclusive.

      (e) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the provisions of NRS 587.015 to 587.123, inclusive.

      (f) Money received from a tax on the transfer of real property imposed pursuant to NRS 375.026.

      3.  Expenditures for the Plant Industry Program must be made only for the purposes of carrying out the provisions of this chapter and chapters 552, 554, 555 and 587 of NRS.

      4.  The money credited to the Program pursuant to NRS 375.026 must be allocated for disbursement to each county in proportion to the amount of money collected in that county and must only be used:

      (a) By the Department for programs on the exclusion, detection and control of:

 


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ê2009 Statutes of Nevada, Page 12 (Chapter 6, SB 39)ê

 

            (1) Invasive species; and

            (2) Endemic pests and weeds designated by the Director; and

      (b) For grants to local governments and nonprofit organizations for the control or management of such species, pests and weeds.

      5.  [Not later than 30 days after the beginning of each fiscal year, the Department shall present to each board of county commissioners for approval by each such board proposed programs for the exclusion, detection and control of invasive species and endemic pests and weeds designated by the Director that involve cooperative action between the Department and the county.

      6.]  As used in this section:

      (a) “Invasive species” means any living organism not native to this State that may present a threat to the economy, environment or public health of this State.

      (b) “Local government” has the meaning ascribed to it in NRS 237.050.

      Sec. 2.  This act becomes effective on July 1, 2009.

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CHAPTER 7, AB 132

Assembly Bill No. 132–Assemblymen Conklin, Anderson; Kirkpatrick and Oceguera

 

CHAPTER 7

 

AN ACT relating to property; revising certain provisions relating to an award of damages in an action for forcible or unlawful entry or detention of real property; and providing other matters properly relating thereto.

 

[Approved: April 2, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that, in an action for forcible or unlawful entry or detention of real property, a judgment may be entered for three times the amount of the actual damages assessed by the court or jury. (NRS 40.170) The Nevada Supreme Court held in Countrywide Home Loans, Inc. v. Thitchener, 124 Nev. Adv. Op. 64, 192 P.3d 243 (2008), that the provisions of NRS 40.170 authorizing a judgment of three times the amount of actual damages assessed in such an action did not apply to actual damages to personal property but rather applied only to actual damages to real property. This bill defines the term “actual damages” for that provision of existing law to mean damages to real property and personal property. (NRS 40.170)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.170 is hereby amended to read as follows:

      40.170  1.  If a person [recover] recovers damages for a forcible or unlawful entry in or upon, or detention of, any building or any uncultivated or cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.

      2.  As used in this section, “actual damages” means damages to real property and personal property.

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ê2009 Statutes of Nevada, Page 13ê

 

CHAPTER 8, AB 469

Assembly Bill No. 469–Committee on Ways and Means

 

CHAPTER 8

 

AN ACT relating to unemployment compensation; adopting an alternate base period for determining entitlement to unemployment benefits; temporarily authorizing the payment of unemployment benefits for an extended period and increasing the total extended benefit payable under certain circumstances; requiring the Department of Employment, Training and Rehabilitation to take any additional actions necessary to ensure receipt by the State of Nevada of the benefits available for unemployment compensation pursuant to the American Recovery and Reinvestment Act of 2009; and providing other matters properly relating thereto.

 

[Approved: April 16, 2009]

 

Legislative Counsel’s Digest:

      The American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, (ARRA) provides for additional money being made available to states for their unemployment compensation programs. To qualify for the additional money, certain provisions must be included in state law. Section 1 of this bill amends the definition of “base period” for the purpose of determining a person’s entitlement to benefits. Sections 2 and 3 of this bill temporarily revise the definition of an “on” indicator for the purposes of extended unemployment benefits and revises the total extended benefit amount a person may receive in a benefit year during periods of high unemployment. These changes will allow Nevada to qualify for additional money under the ARRA for modernization of unemployment insurance and for payment of extended unemployment benefits. Section 4 of this bill requires the Director of the Department of Employment, Training and Rehabilitation and the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to take such actions as are necessary to ensure that Nevada receives the additional benefits provided under the ARRA for unemployment compensation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.025 is hereby amended to read as follows:

      612.025  1.  Except as otherwise provided in this section and in NRS 612.344, “base period” means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of a person’s benefit year, except that if one calendar quarter of the base period so established has been used in a previous determination of his entitlement to benefits the base period is the first 4 completed calendar quarters immediately preceding the first day of his benefit year.

      2.  If a person is not entitled to benefits using the base period as defined in subsection 1 but would be entitled to benefits if the base period were the last 4 completed calendar quarters immediately preceding the first day of the person’s benefit year, “base period” means the last 4 completed calendar quarters immediately preceding the first day of the person’s benefit year.

 


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      3.  In the case of a combined wage claim pursuant to the reciprocal arrangements provided in NRS 612.295, the base period is that applicable under the unemployment compensation law of the paying state.

      Sec. 2.  NRS 612.377 is hereby amended to read as follows:

      612.377  As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:

      1.  “Extended benefit period” means a period which begins with the third week after a week for which there is a Nevada “on” indicator and ends with the third week after the first week for which there is a Nevada “off” indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.

      2.  There is a “Nevada ‘on’ indicator” for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that [for] :

      (a) For the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:

      [(a)] (1) Equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent; or

      [(b)] (2) Equaled or exceeded 6 percent [.] ; or

      (b) For weeks of unemployment beginning on or after February 1, 2009, and ending on or before December 12, 2009, or the week ending 3 weeks before the last week for which federal sharing is authorized by section 2005(a) of Public Law No. 111-5, whichever is later, the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

            (1) Equaled or exceeded 6.5 percent; and

            (2) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the 2 preceding calendar years.

      3.  There is a “Nevada ‘off’ indicator” for a week if the Administrator determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):

      (a) Was less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or

      (b) Was less than 5 percent.

      4.  “Rate of insured unemployment,” for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this State for the weeks of unemployment for the most recent period of 13 consecutive weeks, as determined by the Administrator on the basis of his reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the Administrator and recorded in the records of the Division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

 


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ê2009 Statutes of Nevada, Page 15 (Chapter 8, AB 469)ê

 

by the Administrator and recorded in the records of the Division for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

      5.  “Regular benefits” means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) other than extended benefits.

      6.  “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. §§ 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.

      7.  “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week must be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.

      8.  “Eligibility period” of a person means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.

      9.  “Exhaustee” means a person who, with respect to any week of unemployment in his eligibility period:

      (a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. §§ 8501 et seq.) in his current benefit year which includes that week, except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or

      (b) His benefit year having expired before that week, has no, or insufficient, wages on the basis of which he could establish a new benefit year which would include that week,

Ê and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. §§ 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. §§ 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada. If he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under that law he is considered an exhaustee.

      10.  “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.

 


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ê2009 Statutes of Nevada, Page 16 (Chapter 8, AB 469)ê

 

      Sec. 3.  NRS 612.378 is hereby amended to read as follows:

      612.378  1.  [The] Except as otherwise provided in subsection 2, the total extended benefit amount payable to any eligible person for his applicable benefit year is the lesser of the following amounts:

      (a) Fifty percent of the basic benefits which were payable to him in his benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

      (b) Thirteen times his average weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

      2.  In weeks beginning in a high unemployment period on or after February 1, 2009, and ending on or before December 12, 2009, or the week ending 3 weeks before the last week for which federal sharing is authorized by section 2005(a) of Public Law No. 111-5, whichever is later, the total extended benefit amount payable to any eligible person for his applicable benefit year is the lesser of the following amounts:

      (a) Eighty percent of the basic benefits which were payable to him in his benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

      (b) Twenty times his average weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.

      3.  If the benefit year of any person ends within an extended benefit period, the remaining balance of extended benefits that he would, but for this subsection, be entitled to receive in that period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced by the product of the number of weeks for which he received any amounts as trade readjustment allowances pursuant to 19 U.S.C. § 2291 within that benefit year, multiplied by his weekly benefit amount of extended benefits, but the balance must not be reduced below zero.

      4.  As used in this section, “high unemployment period” means any period during which the average rate of total seasonally adjusted unemployment in Nevada, as determined by the Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of such week:

      (a) Equaled or exceeded 8 percent; and

      (b) Equaled or exceeded 110 percent of the average rate for the corresponding 3-month period ending in either of the 2 preceding calendar years.

      Sec. 4.  The Director of the Department of Employment, Training and Rehabilitation and the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation shall enter into any necessary agreements and take whatever additional action is necessary to carry out the provisions of this act and to ensure that the State of Nevada receives the benefits available pursuant to Subtitle A of Title II of Division B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, § 2000 et seq. (2009).

 


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ê2009 Statutes of Nevada, Page 17 (Chapter 8, AB 469)ê

 

      Sec. 5.  1.  This act becomes effective upon passage and approval.

      2.  Sections 2 and 3 of this act expire by limitation on January 1, 2010, or the date that federal sharing is no longer authorized pursuant to section 2005(a) of Public Law No. 111-5, whichever is later.

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CHAPTER 9, AB 39

Assembly Bill No. 39–Committee on Government Affairs

 

CHAPTER 9

 

AN ACT relating to the City of North Las Vegas; revising the provisions governing primary municipal elections; and providing other matters properly relating thereto.

 

[Approved: April 21, 2009]

 

Legislative Counsel’s Digest:

      The existing Charter of the City of North Las Vegas requires that a primary municipal election be held before a general election only if there are three or more candidates seeking the office of Mayor or Municipal Judge or a particular City Council seat. (North Las Vegas City Charter § 5.020) This bill makes the holding of a primary municipal election by the City preceding every general election mandatory, regardless of the number of candidates seeking a particular elective office. The Charters of the Cities of Henderson and Las Vegas currently contain the same requirement. (Henderson City Charter § 5.010; Las Vegas City Charter § 5.010)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5.020 of the Charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 499, Statutes of Nevada 2005, at page 2692, is hereby amended to read as follows:

      Sec. 5.020  Primary municipal elections; declaration of candidacy.

      1.  The City Council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents. The seats for City Councilmen must be designated by the numbers one through four, which numbers must correspond with the wards the candidates for City Councilmen will seek to represent. A candidate for the office of City Councilman shall include in his declaration of candidacy the number of the ward which he seeks to represent. Each candidate for City Council must be designated as a candidate for the City Council seat that corresponds with the ward that he seeks to represent.

      2.  [If for any general municipal election there are three or more candidates for the offices of Mayor or Municipal Judge, or for a particular City Council seat, a] A primary election [for any such office] must be held on the Tuesday following the first Monday in April preceding the general election [.]

 


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ê2009 Statutes of Nevada, Page 18 (Chapter 9, AB 39)ê

 

April preceding the general election [.] , at which time there must be nominated candidates for offices to be voted for at the next general election. In the primary election:

      (a) A candidate for the office of City Councilman must be voted upon only by the registered voters of the ward that he seeks to represent.

      (b) Candidates for all other elective offices must be voted upon by the registered voters of the City at large.

      3.  Except as otherwise provided in subsection 4, after the primary election, the names of the two candidates [for Mayor, Municipal Judge and each City Council seat] who receive the highest number of votes must be placed on the ballot for the general election.

      4.  If , regardless of the number of candidates for an office, one [of the candidates for Mayor, Municipal Judge or a City Council seat] candidate receives a majority of the total votes cast for that office in the primary election, he [shall] must be declared elected to that office and [his name must not appear on the ballot for the] no general election [.] need be held for that office.

      Sec. 2.  This act becomes effective on July 1, 2009.

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CHAPTER 10, AB 172

Assembly Bill No. 172–Committee on Transportation

 

CHAPTER 10

 

AN ACT relating to license plates; requiring certain charitable organizations which receive proceeds from the issuance of special license plates to provide annually to the Commission on Special License Plates and to the Department of Motor Vehicles certain additional information pertaining to the charitable organization; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, certain charitable organizations which receive additional fees from the issuance of special license plates during a fiscal year are required to file with the Commission on Special License Plates a balance sheet and recent bank statement on or before September 1 following the end of the fiscal year. (NRS 482.38277) Section 1 of this bill requires these organizations to file additional information with the Commission and requires this additional information to be filed with the Department also. Section 3 of this bill makes these additional information requirements subject to the existing law providing that if a charitable organization fails to comply with the requirements, the Department of Motor Vehicles may, after notice and opportunity for a hearing, suspend the collection of additional fees on behalf of the organization and the production of the organization’s special license plate. (NRS 482.38279)

 


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ê2009 Statutes of Nevada, Page 19 (Chapter 10, AB 172)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.38277 is hereby amended to read as follows:

      482.38277  1.  [Each] On or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall [, for each fiscal year, prepare] :

      (a) Prepare a balance sheet for [that] the immediately preceding fiscal year on a form provided by the Commission on Special License Plates [. Each such charitable organization shall file] and file the balance sheet, accompanied by a recent bank statement, with the Commission . [on or before September 1 following the end of that fiscal year.] The Commission shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.

      (b) Provide to the Commission and the Department:

            (1) A list of the names of the persons, whether or not designated officers, who are responsible for overseeing the operation of the charitable organization;

            (2) The current mailing address of the charitable organization; and

            (3) The current telephone number of the charitable organization.

      2.  The Legislative Auditor shall prescribe:

      (a) The form and content of the balance sheets required to be filed pursuant to subsection 1; and

      (b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.

      3.  The Commission shall provide to the Legislative Auditor [a] :

      (a) A copy of each balance sheet and bank statement that it receives from a charitable organization pursuant to [this section.] paragraph (a) of subsection 1; and

      (b) A copy of the information that it receives from a charitable organization pursuant to paragraph (b) of subsection 1.

      Sec. 2.  NRS 482.38278 is hereby amended to read as follows:

      482.38278  1.  On or before September 30 following the end of each fiscal year, the Legislative Auditor shall present to the Commission on Special License Plates a final written report with respect to the charitable organizations for which the Commission provided to him a balance sheet pursuant to subsection 3 of NRS 482.38277.

      2.  The final written report must be distributed to each member of the Commission before the report is presented to the Commission.

      3.  Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report may include, without limitation:

 


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ê2009 Statutes of Nevada, Page 20 (Chapter 10, AB 172)ê

 

      (a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the Commission [;] or the Department;

      (b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;

      (c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and

      (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.

      Sec. 3.  NRS 482.38279 is hereby amended to read as follows:

      482.38279  1.  If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate [,] or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

      2.  A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

      3.  The Commission shall issue a decision, immediately after the hearing, on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision of the Commission pursuant to this subsection is a final decision for purposes of judicial review.

      4.  If the Commission upholds its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or upholds the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate [,] or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission may require that the Department:

      (a) Suspend the collection of all additional fees collected on behalf of the charitable organization; and

      (b) Suspend production of the particular design of special license plates from which the charitable organization receives additional fees, if the Department is still producing that design.

      Sec. 4.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 21ê

 

CHAPTER 11, AB 182

Assembly Bill No. 182–Assemblyman Oceguera

 

CHAPTER 11

 

AN ACT relating to crimes; revising the definition of the term “explosive” for the purposes of certain crimes involving explosives; reorganizing and reenacting various provisions pertaining to crimes involving explosives; making various other changes concerning crimes involving explosives; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the definition of “explosive” contained in NRS 202.750 to include any explosive material in the list of explosive materials published in the Federal Register pursuant to 18 U.S.C. §§ 841 et seq. Section 2 of this bill moves the provisions currently contained in NRS 202.270, which prohibit the destruction of buildings with human beings inside by means of explosives, into NRS 202.830. (NRS 202.270) Section 5 of this bill then repeals NRS 202.270.

      Section 5 of this bill also repeals certain duplicative crimes in the Nevada Revised Statutes relating to explosives, including: (1) NRS 202.810 and 476.020, prohibiting possession of explosives in certain public places, which may already be prosecuted pursuant to NRS 202.262; and (2) NRS 476.050, which prohibits acts endangering property by explosives that may be prosecuted pursuant to the existing provisions of NRS 202.830. (NRS 202.262, 202.810, 476.020, 476.050)

      Sections 3 and 4 of this bill make technical changes only to revise internal references to statutory provisions that are amended or repealed in this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.750 is hereby amended to read as follows:

      202.750  As used in NRS 202.750 to 202.840, inclusive, the term “explosive” means [gunpowders,] :

      1.  Gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compounds, mechanical mixtures or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture or device or any part thereof may cause an explosion [.] ; or

      2.  Any explosive material included in the list of explosive materials published in the Federal Register and revised annually by the Attorney General of the United States pursuant to 18 U.S.C. §§ 841 et seq.

      Sec. 2.  NRS 202.830 is hereby amended to read as follows:

      202.830  [A]

      1.  Unless a greater penalty is provided pursuant to subsection 2, a person who maliciously damages or destroys, [or] attempts to damage or destroy, or conspires with another person to damage or destroy, by means of an explosive, any building, vehicle or real property in the State:

 


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ê2009 Statutes of Nevada, Page 22 (Chapter 11, AB 182)ê

 

      [1.] (a) If no substantial bodily harm results, 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 10 years, or by a fine of not less than $2,000 nor more than $10,000, or by both fine and imprisonment.

      [2.] (b) If substantial bodily harm results, 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 20 years, or by a fine of not less than $2,000 nor more than $20,000, or by both fine and imprisonment.

      2.  A person who maliciously damages or destroys, attempts to damage or destroy, or conspires with another person to damage or destroy, by means of an explosive, any building, vehicle or real property in the State, knowing or having reason to believe that a human being is therein at the time, is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life without the possibility of parole;

      (b) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (c) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê in the discretion of the jury, or of the court upon a plea of guilty or guilty but mentally ill.

      Sec. 3.  NRS 207.012 is hereby amended to read as follows:

      207.012  1.  A person who:

      (a) Has been convicted in this State of a felony listed in subsection 2; and

      (b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this State would be a felony listed in subsection 2, whether the prior convictions occurred in this State or elsewhere,

Ê is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:

            (1) For life without the possibility of parole;

            (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

            (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.310, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 5 of NRS 200.460, NRS 200.463, 200.464, 200.465, 200.467, 200.468, subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, [202.270,] subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, paragraph (b) of subsection 1 or subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484.219, 484.3795 or 484.37955.

 


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ê2009 Statutes of Nevada, Page 23 (Chapter 11, AB 182)ê

 

NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.3325, 453.333, 484.219, 484.3795 or 484.37955.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      Sec. 4.  NRS 41.0334 is hereby amended to read as follows:

      41.0334  1.  Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS [202.810,] 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury, wrongful death or damage was caused.

      2.  Subsection 1 does not apply to any action for injury, wrongful death or other damage:

      (a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or

      (b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada.

      3.  As used in this section:

      (a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and

      (b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,

Ê owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions.

      Sec. 5.  NRS 202.270, 202.810, 476.020 and 476.050 are hereby repealed.

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

________

 


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ê2009 Statutes of Nevada, Page 24ê

 

CHAPTER 12, AB 169

Assembly Bill No. 169–Assemblymen Atkinson, McClain, Segerblom; Anderson, Arberry, Carpenter, Claborn, Conklin, Denis, Dondero Loop, Goicoechea, Hardy, Hogan, Horne, Kirkpatrick, Koivisto, Leslie, Manendo, Mastroluca, Mortenson, Parnell, Pierce, Smith and Spiegel

 

CHAPTER 12

 

AN ACT relating to motor carriers; requiring impounding of certain vehicles when no certificate of public convenience and necessity has been issued to authorize their operation; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      This bill adds vehicles that provide towing services or the transportation of household goods to the list of vehicles that must be impounded if operated without a required certificate of public convenience and necessity to authorize their operation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.476 is hereby amended to read as follows:

      706.476  Except as otherwise provided in NRS 706.478:

      1.  A vehicle used as a taxicab, limousine or other passenger vehicle in passenger service , or to provide towing services or the transportation of household goods must be impounded by the Authority if a certificate of public convenience and necessity is required to be issued to authorize its operation but has not been issued [authorizing] to authorize its operation. A hearing must be held by the Authority no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the Authority shall notify the registered owner of the vehicle:

      (a) That the registered owner of the vehicle must post a bond in the amount of $20,000 to ensure his presence at all proceedings held pursuant to this section;

      (b) Of the time set for the hearing; and

      (c) Of his right to be represented by counsel during all phases of the proceedings.

      2.  The Authority shall hold the vehicle until the registered owner of the vehicle appears and:

      (a) Proves that he is the registered owner of the vehicle;

      (b) Proves that he holds a valid certificate of public convenience and necessity [;] , if required;

      (c) Proves that the vehicle meets all required standards of the Authority; and

      (d) Posts a bond in the amount of $20,000 with the Authority.

Ê The Authority shall return the vehicle to its registered owner when the owner meets the requirements of this subsection and pays all costs of impoundment.

 


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ê2009 Statutes of Nevada, Page 25 (Chapter 12, AB 169)ê

 

      3.  If the registered owner is unable to meet the requirements of paragraph (b) or (c) of subsection 2, the Authority may assess an administrative fine against the registered owner for each such violation in the amount of $5,000. The maximum amount of the administrative fine that may be assessed against a registered owner for a single impoundment of his vehicle pursuant to this section is $10,000. The Authority shall return the vehicle after any administrative fine imposed pursuant to this subsection and all costs of impoundment have been paid.

________

 

CHAPTER 13, SB 38

Senate Bill No. 38–Committee on Natural Resources

 

CHAPTER 13

 

AN ACT relating to pesticides; revising the provisions governing the issuance of certificates to apply or supervise the application of restricted-use pesticides; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill changes the expiration date of certificates authorizing the application of or supervision of the application of restricted-use pesticides from the end of the fourth calendar year after issuance to 4 years after the date of issuance. Section 2 makes the change of expiration date apply only to certificates issued after the effective date of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 555.357 is hereby amended to read as follows:

      555.357  1.  If the Director finds that the applicant is qualified, he shall issue a certificate to make application of or to supervise the application of restricted-use pesticides within this State.

      2.  A certificate is valid for 4 [calendar] years [and expires on December 31.] after the date it is issued. The certificate may be renewed upon completion of the requirements established by the regulations of the Director.

      3.  The Director shall adopt regulations concerning the requirements for renewal of a certificate.

      4.  The certificate may limit the applicant to the use of a certain type or types of equipment or material if the Director finds that the applicant is qualified to use only that type or types.

      5.  If a certificate is not issued as applied for, the Director shall inform the applicant in writing of the reasons therefor.

      Sec. 2.  The amendatory provisions of section 1 of this act apply only to a certificate specified in that section that is issued or renewed on or after the effective date of this act.

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

________

 


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

ê2009 Statutes of Nevada, Page 26ê

 

CHAPTER 14, AB 136

Assembly Bill No. 136–Assemblymen Parnell, McClain, Anderson, Smith, Hardy; Denis, Koivisto and Mastroluca

 

Joint Sponsors: Senators Lee, Wiener, Carlton; and Amodei

 

CHAPTER 14

 

AN ACT relating to public health; establishing the State Program for Oral Health; creating the Advisory Committee on the State Program for Oral Health; authorizing the Health Division of the Department of Health and Human Services to apply for and accept grants and other money and adopt regulations to carry out the Program; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Health Division of the Department of Health and Human Services to appoint a State Dental Health Officer and a State Public Health Dental Hygienist. (NRS 439.272, 439.279) Sections 2-9 of this bill establish the State Program for Oral Health within the Health Division to increase public knowledge and raise public awareness of oral health and to educate the residents of this State on matters relating to oral health. Section 7 creates the Advisory Committee on the State Program for Oral Health to make recommendations to the Health Division concerning the Program. Sections 10 and 11 of this bill revise provisions governing the State Dental Health Officer and the State Public Health Dental Hygienist to include a provision that the Dental Officer shall, and the Dental Hygienist may, provide advice and make recommendations to the Advisory Committee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  As used in NRS 439.272 and 439.279 and sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Advisory Committee” means the Advisory Committee on the State Program for Oral Health created by section 7 of this act.

      Sec. 4.  “Program” means the State Program for Oral Health established by section 6 of this act.

      Sec. 5.  “Provider of oral health care” means a dentist or dental hygienist licensed pursuant to the provisions of chapter 631 of NRS.

      Sec. 6.  There is hereby established within the Health Division the State Program for Oral Health to increase public knowledge and raise public awareness of the importance of oral health and to educate the residents of this State on matters relating to oral health, including, without limitation:

      1.  Proper oral hygiene;

      2.  The factors that increase the risk of a person developing oral diseases; and

      3.  The prevention and treatment of oral diseases.

 


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ê2009 Statutes of Nevada, Page 27 (Chapter 14, AB 136)ê

 

      Sec. 7.  1.  There is hereby created within the Health Division the Advisory Committee on the State Program for Oral Health to advise and make recommendations to the Health Division concerning the Program.

      2.  The Administrator shall appoint to the Advisory Committee 13 members, including, without limitation, one or more persons who are representatives of:

      (a) Public health care professionals and educators;

      (b) Providers of oral health care;

      (c) Persons knowledgeable in promoting and educating the public on oral health issues; and

      (d) National dental and other oral health organizations and their local or state chapters.

      3.  After the initial terms, the members of the Advisory Committee serve terms of 2 years commencing on July 1. A member may be reappointed.

      4.  Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee, to the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  Any member of the Advisory Committee who is a public employee must be granted administrative leave from his duties to engage in the business of the Advisory Committee without loss of his regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

      6.  A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

      7.  The Advisory Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chairman from among its members;

      (b) Meet at the call of the Director, the Chairman or a majority of its members as necessary and within the budget of the Advisory Committee; and

      (c) On or before July 1 of each year, submit a written report to the Administrator summarizing the activities of the Advisory Committee and any recommendations of the Advisory Committee.

      Sec. 8.  To carry out the provisions of NRS 439.272 and 439.279 and sections 2 to 9, inclusive, of this act, the Health Division shall, with advice and recommendations of the Advisory Committee:

      1.  Establish a solid scientific database of the most current information on the importance of oral health, using information obtained through surveillance, epidemiology and research related to oral health;

      2.  Provide educational materials and information on research concerning matters relating to oral health to health care professionals, providers of oral health care and the public, including, without limitation, materials and information concerning programs and services available to the public and strategies for the prevention of oral diseases;

      3.  Coordinate the establishment of regional coalitions to support the efforts of the Program;

      4.  Increase public awareness about the prevention, detection and treatment of oral diseases among state and local governmental officials who are responsible for matters relating to oral health, health care professionals, providers of oral health care and policymakers;

 


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

ê2009 Statutes of Nevada, Page 28 (Chapter 14, AB 136)ê

 

who are responsible for matters relating to oral health, health care professionals, providers of oral health care and policymakers;

      5.  Coordinate state and local programs and services to ensure that the public has adequate access to dental services;

      6.  Work with other governmental agencies, national health organizations and their local and state chapters, community and business leaders, community organizations and providers of oral health care to:

      (a) Coordinate the work of the Program with the work of those agencies, organizations and persons; and

      (b) Maximize the resources of state and local governments in the efforts to educate the public about the importance of oral health, including, without limitation, the prevention and detection of oral diseases and proper oral hygiene;

      7.  Develop and carry out public awareness and media campaigns in each county, targeting groups of persons who are considered at risk for developing oral diseases;

      8.  Evaluate the need to improve the quality and accessibility of dental services that exist in communities in this State; and

      9.  Develop and coordinate, in cooperation with the Department of Education, recommendations for dental programs to encourage proper oral hygiene by children.

      Sec. 9.  1.  The Health Division may:

      (a) Enter into contracts for any services necessary to carry out or assist the Health Division in carrying out the provisions of NRS 439.272 and 439.279 and sections 2 to 9, inclusive, of this act with public or private entities that have the appropriate expertise to provide such services;

      (b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.272 and 439.279 and sections 2 to 9, inclusive, of this act;

      (c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this State may obtain from the Federal Government to carry out the provisions of sections 2 to 9, inclusive, of this act; and

      (d) Adopt regulations as necessary to carry out and administer the Program.

      2.  Any money that is accepted by the Health Division pursuant to subsection 1 must be deposited in the State Treasury and accounted for separately in the State General Fund.

      3.  The Administrator shall administer the account created pursuant to subsection 2. Money in the account does not lapse to the State General Fund at the end of the fiscal year. The interest and income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      Sec. 10.  NRS 439.272 is hereby amended to read as follows:

      439.272  1.  The Health Division shall appoint, with the consent of the Director, a State Dental Health Officer, who is in the unclassified service of the State. The State Dental Health Officer must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and

      (c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.

 


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

ê2009 Statutes of Nevada, Page 29 (Chapter 14, AB 136)ê

 

      2.  The State Dental Health Officer shall:

      (a) Determine the needs of the residents of this State for public dental health;

      (b) Provide the Advisory Committee and the Health Division with advice regarding public dental health;

      (c) Make recommendations to the Advisory Committee, the Health Division and the Legislature regarding programs in this State for public dental health;

      (d) Supervise the activities of the State Public Health Dental Hygienist; and

      (e) Seek such information and advice from the Advisory Committee or a dental school of the Nevada System of Higher Education as necessary to carry out his duties.

      3.  The State Dental Health Officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  [The] Pursuant to section 9 of this act, the Health Division may solicit and accept gifts and grants to pay the costs associated with oral health programs.

      Sec. 11.  NRS 439.279 is hereby amended to read as follows:

      439.279  1.  The Health Division shall appoint, with the consent of the Director, a State Public Health Dental Hygienist, who is in the unclassified service of the State. The State Public Health Dental Hygienist must:

      (a) Be a resident of this State;

      (b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and

      (c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.

      2.  The State Public Health Dental Hygienist:

      (a) Shall assist the State Dental Health Officer in carrying out his duties; and

      (b) May:

            (1) [Make] Provide advice and make recommendations to the Advisory Committee and the Health Division regarding programs in this State for public health dental hygiene; and

            (2) Perform any acts authorized pursuant to NRS 631.287.

      3.  The State Public Health Dental Hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.

      4.  The Health Division may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.

      Sec. 12.  The Administrator of the Health Division of the Department of Health and Human Services shall appoint to the Advisory Committee on the State Program for Oral Health created by section 7 of this act:

      1.  Six members to terms expiring on June 30, 2010; and

      2.  Seven members to terms expiring on June 30, 2011.

      Sec. 13.  1.  This section and sections 1 and 12 of this act become effective upon passage and approval.

 


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ê2009 Statutes of Nevada, Page 30 (Chapter 14, AB 136)ê

 

      2.  Section 7 of this act becomes effective upon passage and approval for the purpose of appointing the members to the Advisory Committee on the State Program for Oral Health and on July 1, 2009, for all other purposes.

      3.  Sections 2 to 6, inclusive, and 8 to 11, inclusive, of this act become effective on July 1, 2009.

________

 

CHAPTER 15, AB 137

Assembly Bill No. 137–Assemblyman Hardy

 

CHAPTER 15

 

AN ACT relating to public health; designating the State Hygienic Laboratory as the State Public Health Laboratory; authorizing the University of Nevada School of Medicine to designate certain branch laboratories of the State Public Health Laboratory; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the University of Nevada School of Medicine to maintain the State Hygienic Laboratory. The purpose of the State Hygienic Laboratory is to make available proper laboratory facilities to diagnose communicable diseases, make certain examinations, conduct certain research and undertake other technical and laboratory duties as are in the interest of the health of the general public. This bill designates the State Hygienic Laboratory as the State Public Health Laboratory.

      Existing law also authorizes the University of Nevada School of Medicine to establish and maintain such branch laboratories of the State Hygienic Laboratory as may be necessary. (NRS 439.240) This bill authorizes the University of Nevada School of Medicine to designate, establish or maintain those branch laboratories. This bill also requires a public agency that operates or controls such a branch laboratory to enter into a cooperative agreement concerning the branch laboratory.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.240 is hereby amended to read as follows:

      439.240  1.  The University of Nevada School of Medicine shall maintain the State [Hygienic] Public Health Laboratory, [heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909,] and may designate, establish [and] or maintain such branch laboratories as may be necessary.

      2.  The purpose of the State [Hygienic] Public Health Laboratory is:

      (a) To make available, at such charges as may be established, to health officials, the State Dairy Commission and licensed physicians of the State, proper laboratory facilities for the prompt diagnosis of communicable diseases.

      (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.

      (c) To conduct research into the nature, cause, diagnosis and control of diseases.

 


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ê2009 Statutes of Nevada, Page 31 (Chapter 15, AB 137)ê

 

      (d) To undertake such other technical and laboratory duties as are in the interest of the health of the general public.

      3.  The person in charge of the State [Hygienic] Public Health Laboratory, or his designee, must be a skilled bacteriologist.

      4.  The person in charge of the State [Hygienic] Public Health Laboratory may have such technical assistants as that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

      5.  Reports of investigations conducted at the State [Hygienic] Public Health Laboratory may be published from time to time in bulletins and circulars.

      6.  If the University of Nevada School of Medicine designates a branch laboratory pursuant to subsection 1 that is operated or controlled by a public agency other than the University of Nevada School of Medicine, the public agency and the University of Nevada School of Medicine shall enter into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, concerning the branch laboratory. The cooperative agreement must include, without limitation, provisions setting forth the powers and duties of each party to the cooperative agreement.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 16, AB 250

Assembly Bill No. 250–Assemblyman Manendo (by request)

 

CHAPTER 16

 

AN ACT relating to evidence; revising certain provisions governing the admissibility of certain affidavits or declarations; authorizing personal service of a request to have such affidavits or declarations admitted into evidence at certain trials; defining certain terms; and providing other matters properly relating thereto.

 

[Approved: April 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that if a person is qualified as an expert in a district court in this State, the person’s affidavit or declaration regarding the presence in breath, blood or urine of alcohol or certain other substances or regarding the identity or quantity of a controlled substance may be admissible in certain proceedings. Section 1 of this bill provides that for purposes of determining the admissibility of such affidavits or declarations, the person may be qualified in any court of record in this State, rather than only in a district court in this State. Section 1 also provides a definition of the term chemist for purposes of the provisions governing the admissibility of such affidavits and declarations. (NRS 50.320)

      Section 2 of this bill authorizes a request to have such an affidavit or declaration admitted into evidence at trial for certain offenses to be personally served on the defendant’s counsel or the defendant, rather than only sent by registered or certified mail. (NRS 50.325)

 


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

ê2009 Statutes of Nevada, Page 32 (Chapter 16, AB 250)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 50.320 is hereby amended to read as follows:

      50.320  1.  The affidavit or declaration of a chemist and any other person who has qualified in [the district court of any county] a court of record in this State to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison, organic solvent or another prohibited substance, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

      (a) The quantity of the purported controlled substance; or

      (b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be,

Ê is admissible in the manner provided in this section.

      2.  An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

      3.  The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecuting attorney may cause the person to testify to any information contained in the affidavit or declaration.

      4.  The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

      5.  As used in this section, “chemist” means any person employed in a medical laboratory, pathology laboratory, toxicology laboratory or forensic laboratory whose duties include, without limitation:

      (a) The analysis of the breath, blood or urine of a person to determine the presence or quantification of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance; or

      (b) Determining the identity or quantity of any controlled substance.

      Sec. 2.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  If a person is charged with an offense listed in subsection 4, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance,

Ê the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.

      2.  If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission.

 


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ê2009 Statutes of Nevada, Page 33 (Chapter 16, AB 250)ê

 

or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

      (a) Made at least 10 days before the date set for the trial;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail [by the prosecuting attorney;] , or personally served on the defendant’s counsel or the defendant; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

      4.  The provisions of this section apply to any of the following offenses:

      (a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283.

      (b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS.

      (c) A homicide resulting from driving, operating or being 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 resulting from 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.

      (d) Any other offense for which it is necessary to prove, as an element of the offense:

            (1) The existence of any alcohol;

            (2) The quantity of a controlled substance; or

            (3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance.

________

 

CHAPTER 17, AB 533

Assembly Bill No. 533–Committee on Ways and Means

 

CHAPTER 17

 

AN ACT making a supplemental appropriation to the State Distributive School Account for unanticipated shortfalls in Fiscal Year 2008-2009 in certain tax revenue; and providing other matters properly relating thereto.

 

[Approved: April 28, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 the sum of $323,802,183 to cover unanticipated shortfalls in the revenue from the Local School Support Tax and the ad valorem tax pursuant to subsection 1 of NRS 387.195. This appropriation is supplemental to that made by section 2 of chapter 343, Statutes of Nevada 2007, at page 1553.

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

________

 


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ê2009 Statutes of Nevada, Page 34ê

 

CHAPTER 18, AB 542

Assembly Bill No. 542–Committee on Ways and Means

 

CHAPTER 18

 

AN ACT relating to education; temporarily delaying the statutory deadline for notifying certain school employees of reemployment status for the 2009-2010 school year; and providing other matters properly relating thereto.

 

[Approved: April 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to notify the postprobationary and probationary employees who are employed by the board of trustees to notify those employees, on or before May 1 of each year, of the reemployment status of those employees for the next school year. Existing law also requires those employees to notify the board of trustees, on or before May 10, of the acceptance of such reemployment. (NRS 391.3196, 391.3197) This bill extends those dates to May 15 and 25, 2009, respectively, for the current fiscal year.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Notwithstanding the provisions of NRS 391.3196 or any other statute to the contrary, the boards of trustees of school districts shall notify the postprobationary employees who are in their employ as of the effective date of this act concerning the reemployment status of those employees for the next year not later than May 15, 2009. If the board of trustees, or a person designated by the board of trustees, fails to notify a postprobationary employee on or before May 15, 2009, of his status for the next year, the employee shall be deemed reemployed for the next year under the same terms and conditions as he is employed for the current year.

      2.  Notwithstanding the provisions of NRS 391.3197 or any other statute to contrary, the boards of trustees of school districts shall notify the probationary employees who are in their employ as of the effective date of this act concerning the reemployment status of those employees for the next year not later than May 15, 2009.

      3.  Notwithstanding the provisions of NRS 391.3196 or 391.3197 or any other statute to the contrary, the failure of a postprobationary or probationary employee to notify the board of trustees of the school district which employs him on or before May 25, 2009, of the employee’s acceptance of the contract for the next year is conclusive evidence of the employee’s rejection of the contract.

      4.  If a school district or an agreement entered into by a school district requires a postprobationary or probationary employee to provide notice to the school district of the employee’s intent to seek employment elsewhere or otherwise discontinue his employment with the school district for the next year, the school district shall extend the time by which such notice is due by 10 days.

 


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ê2009 Statutes of Nevada, Page 35 (Chapter 18, AB 542)ê

 

      5.  As used in this section, “postprobationary employee” and “probationary employee” have the meanings ascribed to them in NRS 391.311.

      Sec. 2.  This act becomes effective upon passage and approval and expires by limitation on July 1, 2009.

________

 

CHAPTER 19, SB 15

Senate Bill No. 15–Committee on Commerce and Labor

 

CHAPTER 19

 

AN ACT relating to real estate; ratifying corrections of certain errors in real estate provisions and revising related provisions in a legislative enactment from a previous session; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill corrects an error in section 41 of chapter 517, Statutes of Nevada 2007, at page 3114. Section 41 inadvertently deleted all of subsection 2 of NRS 645.240, when only the introductory clause of subsection 2 was intended to be deleted. Section 41 has therefore been revised as necessary.

      Section 2 of this bill corrects an error in the addition of a new section to chapter 645G of NRS, which was codified as NRS 645G.070. (Section 8 of chapter 517, Statutes of Nevada 2007, p. 3105) The new section should not have been added to chapter 645G of NRS, as the language at issue should have remained in chapter 645 of NRS at subsection 2 of NRS 645.240. Chapter 645G has therefore been revised as needed by deleting NRS 645G.070.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 41 of chapter 517, Statutes of Nevada 2007, at page 3114, is hereby amended to read as follows:

      Sec. 41.  NRS 645.240 is hereby amended to read as follows:

      645.240  1.  The provisions of this chapter do not apply to, and the terms “real estate broker” and “real estate salesman” do not include, any:

      (a) Owner or lessor of property, or any regular employee of such a person, who performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with respect to the property in the regular course of or as an incident to the management of or investment in the property. For the purposes of this paragraph, “management” means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.

      (b) Employee of a real estate broker while engaged in the collection of rent for or on behalf of the broker.

 


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ê2009 Statutes of Nevada, Page 36 (Chapter 19, SB 15)ê

 

      (c) Person while performing the duties of a property manager for a property, if the person maintains an office on the property and does not engage in property management with regard to any other property.

      (d) Person while performing the duties of a property manager for a common-interest community governed by the provisions of chapter 116 of NRS, a condominium project governed by the provisions of chapter 117 of NRS, a time share governed by the provisions of chapter 119A of NRS, or a planned unit development governed by the provisions of chapter 278A of NRS, if the person is a member in good standing of, and, if applicable, holds a current certificate, registration or other similar form of recognition from, a nationally recognized organization or association for persons managing such properties that has been approved by the Real Estate Division by regulation.

      (e) Person while performing the duties of a property manager for property used for residential housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government.

      2.  [Except as otherwise provided in NRS 645.606 to 645.6085, inclusive, the] The provisions of this chapter do not apply to:

      (a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this State or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation it has originated or holds.

      (b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.

      (c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.

      (d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.

      (e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.

      (f) The purchase, sale or locating of mining claims or options thereon or interests therein.

      (g) The State of Nevada or a political subdivision thereof.

      Sec. 2.  NRS 645G.070 is hereby repealed.

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

      2.  Section 2 of this act becomes effective upon passage and approval and applies retroactively from July 1, 2007.

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ê2009 Statutes of Nevada, Page 37ê

 

CHAPTER 20, SB 28

Senate Bill No. 28–Committee on Energy, Infrastructure and Transportation

 

CHAPTER 20

 

AN ACT relating to public safety; revising reporting requirements concerning missing persons and unidentified dead bodies; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill deletes the requirement that a dentist who makes a dental examination of an unidentified dead body forward the record of the dental examination to the Investigation Division and the Central Repository and instead requires the dentist to forward the record to the coroner, who is required to enter that information into the computer for the National Crime Information Center. Section 2 also deletes the requirement that a sheriff, chief of police or other law enforcement agency transmit to the Investigation Division and to the Central Repository certain information concerning a person missing under suspicious circumstances. In addition, section 2 deletes the requirements that the Investigation Division and the Central Repository maintain records to assist in the identification of dead bodies and provide such records to the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety upon request.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 480.460 is hereby amended to read as follows:

      480.460  The Chief of the Investigation Division shall:

      1.  Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the Attorney General or any sheriff, chief of police or district attorney.

      2.  Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.

      3.  Provide and operate a system of recording all information received by the Investigation Division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.

      4.  Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.

      5.  Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.

      6.  Enforce the provisions of chapter 453 of NRS.

 


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ê2009 Statutes of Nevada, Page 38 (Chapter 20, SB 28)ê

 

      7.  [Maintain the records and other information forwarded to the Division to assist in locating missing persons or identifying dead bodies.

      8.]  Furnish information relating to any person of whom he maintains a record to any law enforcement agency.

      [9.] 8.  Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124.

      Sec. 2.  NRS 480.500 is hereby amended to read as follows:

      480.500  1.  When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the [Investigation Division and to the Central Repository for Nevada Records of Criminal History.] coroner, who shall enter the information into the computer for the National Crime Information Center.

      2.  Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years of age or older shall:

      (a) [Transmit to the Investigation Division and to the Central Repository for Nevada Records of Criminal History:

            (1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and

            (2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;

      (b)] Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and

      [(c)] (b) Enter the information concerning the missing person into the computer for the National Crime Information Center . [and the Central Repository for Nevada Records of Criminal History, if appropriate.]

      3.  The sheriff, chief of police or other law enforcement agency shall request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain certain identifying information about the missing person that the National Crime Information Center recommends be provided from the appropriate providers of medical care. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the identifying information from the providers of medical care and [forward] enter that information and any other relevant information [to the Investigation Division and to the Central Repository for Nevada Records of Criminal History] into the computer for the National Crime Information Center for comparison with the identifying information that is on file concerning unidentified deceased persons. This subsection does not prevent the voluntary release of identifying information about the missing person by the next of kin or guardian of the missing person at any time.

      4.  The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.

      5.  The sheriff, chief of police or other law enforcement agency shall [inform the Investigation Division, the Central Repository for Nevada Records of Criminal History and] update the records entered into the computer for the National Crime Information Center when a missing person has been found.

 


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ê2009 Statutes of Nevada, Page 39 (Chapter 20, SB 28)ê

 

      [6.  The Investigation Division and the Central Repository for Nevada Records of Criminal History shall:

      (a) Maintain the records and other information forwarded to them pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies; and

      (b) Upon request, provide the records and other information that are maintained pursuant to this subsection to the State Disaster Identification Team of the Division of Emergency Management of the Department.]

      Sec. 3.  NRS 414.290 is hereby amended to read as follows:

      414.290  In carrying out its duties pursuant to NRS 414.280, the State Disaster Identification Team may have access to:

      1.  The information that is contained in the Central Repository for Nevada Records of Criminal History pursuant to NRS 179A.075.

      2.  The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.

      3.  The records of missing children maintained by the Attorney General pursuant to NRS 432.170.

      [4.  The records and information concerning missing persons maintained by the Investigation Division of the Department of Public Safety pursuant to NRS 480.500.]

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

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CHAPTER 21, SB 65

Senate Bill No. 65–Committee on Health and Education

 

CHAPTER 21

 

AN ACT relating to elder care; creating the Office of the State Long-Term Care Ombudsman in the Aging Services Division of the Department of Health and Human Services; setting forth the duties of the Ombudsman; revising provisions relating to advocacy for residents of facilities for long-term care; abolishing the Office of Ombudsman for Aging Persons; creating the Office of the Community Advocate for Elder Rights; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      To receive an allotment under 42 U.S.C. § 3058b, federal law requires states to create the position of the State Long-Term Care Ombudsman to carry out certain duties of advocacy and investigation for residents of long-term care facilities. (42 U.S.C. § 3058g) Existing law authorizes the Administrator of the Aging Services Division of the Department of Health and Human Services to appoint advocates for residents of facilities for long-term care and to appoint representatives of the advocates. (NRS 427A.125, 427A.127) Existing law also sets forth the duties of the advocates, including the power to investigate the complaint of a resident of a facility for long-term care. (NRS 427A.135-427A.165) The advocates and representatives currently fulfill the duties established for the State Long-Term Care Ombudsman by federal law, but federal law requires the establishment of the actual office and title of “State Long-Term Care Ombudsman” for the State to receive federal funding.

 


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ê2009 Statutes of Nevada, Page 40 (Chapter 21, SB 65)ê

 

      Section 5 of this bill creates the Office of the State Long-Term Care Ombudsman and allocates the duties previously carried out by the appointed advocates to the Ombudsman. Section 6 of this bill replaces the representatives of the advocates who were in the Division and authorizes the appointment of one or more advocates to assist the Ombudsman. Section 6 also authorizes the creation of a program within the Division to train and use volunteer advocates. Sections 7-12 of this bill transfer the duties and indemnities of the formerly appointed “advocate or his representative” to the Ombudsman or advocates working under his direction.

      Existing law creates the Office of Ombudsman for Aging Persons and sets forth the duties of that office. (NRS 427A.300, 427A.310) Sections 13 and 14 of this bill abolish the Office of Ombudsman for Aging Persons and create the Office of the Community Advocate for Elder Rights. In addition, section 14 removes the requirement to publish a county guide to the resources and services available for aging persons in each county.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Ombudsman” means the State Long-Term Care Ombudsman appointed by the Administrator pursuant to NRS 427A.125.

      Sec. 2.  NRS 427A.020 is hereby amended to read as follows:

      427A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0295, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 427A.022 is hereby amended to read as follows:

      427A.022  “Advocate” means an advocate [for residents of facilities for long-term care.] appointed by the Ombudsman pursuant to NRS 427A.127.

      Sec. 4.  NRS 427A.1234 is hereby amended to read as follows:

      427A.1234  1.  The Specialist for the Rights of Elderly Persons shall:

      (a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.

      (b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:

            (1) An attorney who is providing legal services for an elderly person;

            (2) An employee of a law enforcement agency;

            (3) [An] The Ombudsman or an advocate ; [for residents of facilities for long-term care;]

            (4) An employee of an office for protective services of any county; and

            (5) An employee of the Division.

      (c) Review existing and proposed policies, legislation and regulations that affect elderly persons [,] and make recommendations as appropriate to the Administrator.

      (d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation and isolation of elderly persons to identify services that need to be provided, including, without limitation:

            (1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation or isolation; and

 


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ê2009 Statutes of Nevada, Page 41 (Chapter 21, SB 65)ê

 

            (2) Enforcing the laws of this State governing abuse, neglect, exploitation and isolation of elderly persons.

      2.  The Specialist for the Rights of Elderly Persons may:

      (a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, neglect, exploitation or isolation of an elderly person.

      (b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse, neglect, exploitation or isolation of an elderly person.

      (c) Represent and assist any incompetent person until a guardian is appointed for that person.

      (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation or isolation of an elderly person.

      (e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his property.

      (f) Appear as amicus curiae on behalf of elderly persons in any court in this State.

      (g) Perform such other functions as are necessary to carry out his duties and the functions of his office.

      Sec. 5.  NRS 427A.125 is hereby amended to read as follows:

      427A.125  1.  The Office of the State Long-Term Care Ombudsman is hereby created within the Division.

      2.  The Administrator [may appoint advocates for] shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care . [, who are within the Aging Services Division and are] The Ombudsman is in the classified service of the State. [Such an advocate] The Ombudsman shall, under direction of the Administrator:

      [1.] (a) Train advocates to:

            (1) Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.

      [2.] (2) Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the Ombudsman and the Administrator.

      [3.] (3) Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.

      [4.] (4) Provide for the support and development of resident and family councils to protect the well-being and rights of residents of facilities for long-term care.

      (b) Coordinate services within the Department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.

      [5.] (c) Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.

      [6.] (d) Upon request, advise and assist the Governor, the Legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.

 


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ê2009 Statutes of Nevada, Page 42 (Chapter 21, SB 65)ê

 

      [7.] (e) Provide information to interested persons and to the general public concerning his functions and activities.

      [8.] (f) Report annually to the Administrator.

      [9.  Upon request by the Administrator, temporarily perform the duties of the Ombudsman for Aging Persons specified in NRS 427A.310.]

      Sec. 6.  NRS 427A.127 is hereby amended to read as follows:

      427A.127  1.  The Administrator may appoint [representatives of the advocate] one or more advocates to assist the Ombudsman who are within the Division and in the classified service of the State. [A representative has all the powers and duties of an advocate.] Each advocate shall perform his duties at the direction of the Ombudsman.

      2.  The Administrator may:

      (a) Create a volunteer advocacy program within the Division to be administered by the Ombudsman under the direction of the Administrator; and

      (b) Appoint volunteer advocates who may act as representatives of the Ombudsman.

      Sec. 7.  NRS 427A.135 is hereby amended to read as follows:

      427A.135  1.  The Ombudsman or an advocate [or his representative] may:

      (a) Upon a complaint by or on behalf of a resident, investigate any act or policy which he has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care; and

      (b) Make periodic visits to any facility for long-term care to provide information to the residents of the facility and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any resident of the facility.

      2.  The Ombudsman or an advocate [or his representative] may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times. Upon his arrival at the facility , he shall [notify the person in charge] make his presence known to the staff of the facility and shall present appropriate identification.

      3.  A person shall not willfully interfere with the Ombudsman or an advocate [or his representative] in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the Director, at the request of the Administrator, may refer the matter to the Health Division of the Department for the imposition of an administrative fine of not more than $1,000 for each violation.

      4.  Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.

      5.  Each resident has the right to request, deny or terminate visits with the Ombudsman or an advocate . [or his representative.]

      6.  The Ombudsman or an advocate [or his representative] is not liable civilly for the good faith performance of any investigation.

      Sec. 8.  NRS 427A.136 is hereby amended to read as follows:

      427A.136  The Administrator may direct the Ombudsman or an advocate to investigate a complaint involving a person who is less than 60 years of age.

 


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ê2009 Statutes of Nevada, Page 43 (Chapter 21, SB 65)ê

 

      Sec. 9.  NRS 427A.138 is hereby amended to read as follows:

      427A.138  1.  An officer, director or employee of a facility for long-term care shall not retaliate against any person for having filed a complaint with, or provided information to, the Ombudsman or an advocate . [or any representative of the advocate.]

      2.  If any person is found, after notice and a hearing, to have violated any provision of subsection 1, the Director, at the request of the Administrator, may refer the matter to the Health Division of the Department for the imposition of an administrative fine of not more than $1,000 for each violation.

      3.  Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.

      Sec. 10.  NRS 427A.145 is hereby amended to read as follows:

      427A.145  In conducting an investigation, the Ombudsman or an advocate [or his representative] may:

      1.  Inspect any facility for long-term care and any records maintained by the facility. Except as otherwise provided in this subsection, the medical and personal financial records may be inspected only with the informed consent of the resident, his legal guardian or the person or persons designated as responsible for decisions regarding the resident. If the resident is unable to consent to the inspection and has no legal guardian, the inspection may be conducted without consent.

      2.  Interview:

      (a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.

      (b) Any resident of the facility and his legal guardian, if any, and his family or the person or persons designated as responsible for decisions regarding his care if the resident consents to the interview.

      3.  Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.

      Sec. 11.  NRS 427A.155 is hereby amended to read as follows:

      427A.155  1.  In appropriate cases and under the Administrator’s direction, the Ombudsman or an advocate [or his representative] shall refer the results of his investigation to the governmental agencies with authority to enforce applicable laws and regulations through administrative, civil or criminal proceedings.

      2.  The Ombudsman or an advocate [or his representative] shall notify the complainant of the ultimate disposition of the matter raised in his complaint.

      Sec. 12.  NRS 427A.165 is hereby amended to read as follows:

      427A.165  The Division may adopt regulations regarding the requirement, contents, posting and distribution of a notice which describes the purpose of [such] the Ombudsman and an advocate and sets forth the procedure for making a complaint to the Ombudsman or an advocate.

      Sec. 13.  NRS 427A.300 is hereby amended to read as follows:

      427A.300  1.  The Office of [Ombudsman for Aging Persons] the Community Advocate for Elder Rights is hereby created within the [Aging Services] Division . [of the Department.]

      2.  The Administrator shall appoint the [Ombudsman for Aging Persons.] Community Advocate for Elder Rights. The person so appointed:

 


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ê2009 Statutes of Nevada, Page 44 (Chapter 21, SB 65)ê

 

      (a) Must be qualified by training and experience to perform the duties and functions of his office; and

      (b) Is in the classified service of the State.

      Sec. 14.  NRS 427A.310 is hereby amended to read as follows:

      427A.310  [1.  Except as otherwise provided in subsection 2, the Ombudsman for Aging Persons] The Community Advocate for Elder Rights shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

      [(a)] 1.  Coordination of resources and services available to aging persons within their respective communities, including the services provided through the program established pursuant to NRS 427A.250;

      [(b)] 2.  Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the [Ombudsman] Community Advocate for Elder Rights and the existence of groups of aging persons with similar interests and concerns;

      [(c) Publication of a guide for use in each county of this state regarding the resources and services available for aging persons in the respective county;] and

      [(d)] 3.  Advocation of issues relating to aging persons.

      [2.  Upon request by the Administrator, the Ombudsman for Aging Persons shall temporarily perform the duties of advocates for residents of facilities for long-term care specified in NRS 427A.125 to 427A.165, inclusive.]

      Sec. 15.  This act becomes effective upon passage and approval.

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CHAPTER 22, SB 67

Senate Bill No. 67–Committee on Judiciary

 

CHAPTER 22

 

AN ACT relating to declarations of homestead; requiring the Real Estate Division of the Department of Business and Industry to prescribe a form for such declarations; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the owner of property used as a homestead is authorized to file a written declaration of homestead for that property, which protects up to $550,000 of equity in the property from forced sale, except in certain circumstances. (Nev. Const. Art. 4, § 30; NRS 115.010, 115.020) The contents of such a declaration are prescribed by law. (NRS 111.312, 115.020) Section 1 of this bill requires the Real Estate Division of the Department of Business and Industry, after soliciting and considering recommendations from the county recorders, to prescribe a form that may be used for filing a declaration of homestead. Section 1 also requires the Division and each county recorder to make the form available to the public, free of charge.

 


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ê2009 Statutes of Nevada, Page 45 (Chapter 22, SB 67)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 115 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Real Estate Division of the Department of Business and Industry shall:

      (a) Solicit recommendations from each county recorder concerning the design and contents of a form that may be used to make a declaration of homestead pursuant to NRS 115.020; and

      (b) Prescribe such a form after considering all recommendations solicited pursuant to paragraph (a).

      2.  The form must provide for the inclusion of all information, statements and signatures required for a declaration pursuant to NRS 111.312 and 115.020.

      3.  The form must be made available, free of charge:

      (a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established pursuant to NRS 645.170 and on any website that it maintains on the Internet or its successor; and

      (b) By each county recorder at his office and on any website maintained by him in his official capacity on the Internet or its successor.

      Sec. 2.  NRS 115.020 is hereby amended to read as follows:

      115.020  1.  The selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to section 1 of this act.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it [,] and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

 


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ê2009 Statutes of Nevada, Page 46 (Chapter 22, SB 67)ê

 

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his own behalf.

Ê The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by him, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      Sec. 3.  (Deleted by amendment.)

________

 

CHAPTER 23, SB 90

Senate Bill No. 90–Committee on Commerce and Labor

 

CHAPTER 23

 

AN ACT relating to the State Board of Architecture, Interior Design and Residential Design; creating an emeritus title for certain architects, registered interior designers and residential designers; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the State Board of Architecture, Interior Design and Residential Design to grant an emeritus title to an architect, registered interior designer or residential designer, which the architect, registered interior designer or residential designer may use after his certificate of registration expires. A person who has been granted an “emeritus” title is prohibited from practicing as an architect, interior designer or residential designer or indicating that he is authorized to practice.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 623 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board may grant the title of “Architect Emeritus,” “Registered Interior Designer Emeritus” or “Residential Designer Emeritus” to an architect, registered interior designer or residential designer upon his written request if he:

      (a) Is registered pursuant to this chapter;

      (b) Is in good standing with the Board;

 


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ê2009 Statutes of Nevada, Page 47 (Chapter 23, SB 90)ê

 

      (c) Has been registered pursuant to this chapter for not less than 5 years immediately preceding his written request;

      (d) Has been a resident of this State during the time he was registered pursuant to this chapter; and

      (e) Is at least 60 years of age.

      2.  A person whose written request is granted pursuant to this section may use the title so granted by the Board:

      (a) Only upon the expiration of his certificate of registration, and only during such time as he is not registered pursuant to this chapter.

      (b) Following his name, including, without limitation, on any plaque, sign or letterhead.

      3.  A person using a title granted by the Board pursuant to this section shall not:

      (a) Practice in this State as an architect, registered interior designer or residential designer; or

      (b) Indicate that he is authorized to practice in this State as an architect, registered interior designer or residential designer.

      4.  A person whose certificate of registration has expired and who is using a title granted by the Board pursuant to this section may return to active practice by complying with the provisions for renewal or restoration of an expired certificate of registration pursuant to NRS 623.260.

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

________

 

CHAPTER 24, SB 166

Senate Bill No. 166–Senator Woodhouse

 

Joint Sponsor: Assemblyman Stewart

 

CHAPTER 24

 

AN ACT relating to state emblems; designates the Vivid Dancer Damselfly (Argia vivida) as the official state insect of the State of Nevada; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes various official state emblems, including a state bird, state reptile, state animal, state fish and others. (NRS 235.020-235.130) This bill establishes the Vivid Dancer Damselfly (Argia vivida) as the official state insect.

      This insect was selected through a contest that was open to all fourth grade and Gifted and Talented Education (GATE) classrooms in Nevada to select a state insect because Nevada is one of only eight states in the country that does not have a state insect. The contest was open to public, private, parochial and homeschooled pupils. To participate in the contest, the classes were required to submit a one-page, research-based essay supporting the nomination of an insect found in Nevada, including the pupils’ rationale for why that insect would be a good symbol for the State of Nevada. The 74 classrooms that participated in the contest represented 57 schools in seven counties.

      The winners are the fourth grade class taught by Mr. David R. Slater at John R. Beatty Elementary School, which is located on Hidden Palms Parkway in Las Vegas.

 


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ê2009 Statutes of Nevada, Page 48 (Chapter 24, SB 166)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

      The insect known as the Vivid Dancer Damselfly (Argia vivida) is hereby designated as the official state insect of the State of Nevada.

________

 

CHAPTER 25, SB 235

Senate Bill No. 235–Senators Parks, Horsford, Wiener, Woodhouse, Breeden; Care, Coffin, Copening and Lee

 

Joint Sponsor: Assemblywoman Pierce

 

CHAPTER 25

 

AN ACT relating to juvenile justice; requiring a juvenile court to hold a hearing to determine if certain persons should be transferred to district court for criminal proceedings; excluding certain crimes from the jurisdiction of the juvenile court; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill requires a juvenile court to hold a hearing to determine whether the case of a person should be transferred from the juvenile court to the criminal court for criminal proceedings if: (1) the person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age; (2) the delinquent act would have been a category A or B felony if committed by an adult; (3) the person is identified by law enforcement as having committed the delinquent act before the person reaches 21 years of age; and (4) the person is apprehended by law enforcement after the person reaches 21 years of age. If the juvenile court finds probable cause to believe that the person committed the delinquent act, the juvenile court is required to consider a number of factors in determining whether, based upon the interests of justice and the need for protection of the public, the charges should be dismissed and the person should be discharged or the case and record should be transferred for criminal proceedings.

      Under existing law, the juvenile court does not have jurisdiction over certain offenses that are committed by juveniles, such as murder, attempted murder and other serious offenses. (NRS 62B.330) Section 3 of this bill excludes from the jurisdiction of the juvenile court a category A or B felony and any other related offense arising out of the same facts as the category A or B felony if the person was at least 16 years of age but less than 18 years of age when the offense was committed and the person: (1) is not identified by law enforcement as having committed the offense and charged before the person reaches the age of 20 years, 3 months; or (2) is not identified by law enforcement as having committed the offense before the person reaches 21 years of age.

 


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ê2009 Statutes of Nevada, Page 49 (Chapter 25, SB 235)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 62A.030 is hereby amended to read as follows:

      62A.030  1.  “Child” means:

      (a) A person who is less than 18 years of age;

      (b) A person who is less than 21 years of age and subject to the jurisdiction of the juvenile court for an unlawful act that was committed before the person reached 18 years of age; or

      (c) A person who is otherwise subject to the jurisdiction of the juvenile court as a juvenile sex offender pursuant to the provisions of NRS 62F.200, 62F.220 and 62F.260.

      2.  The term does not include [a] :

      (a) A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330 [or a] ;

      (b) A person who is transferred to the district court for criminal proceedings as an adult pursuant to section 2 of this act; or

      (c) A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.

      Sec. 2.  Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If:

      (a) A person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age;

      (b) The delinquent act would have been a category A or B felony if committed by an adult;

      (c) The person is identified by law enforcement as having committed the delinquent act before the person reaches 21 years of age; and

      (d) The person is apprehended by law enforcement after the person reaches 21 years of age,

Ê the juvenile court has jurisdiction over the person to conduct a hearing and make the determinations required by this section in accordance with the provisions of this section.

      2.  The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that the person committed the delinquent act.

      3.  If the juvenile court determines that there is not probable cause to believe that the person committed the delinquent act, the juvenile court shall dismiss the charges and discharge the person.

      4.  If the juvenile court determines that there is probable cause to believe that the person committed the delinquent act, the juvenile court shall determine whether, based upon the interests of justice and the need for protection of the public, to:

      (a) Dismiss the charges; or

      (b) Transfer the case for proper criminal proceedings to any court that would have jurisdiction over the delinquent act if the delinquent act were committed by an adult.

 


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

ê2009 Statutes of Nevada, Page 50 (Chapter 25, SB 235)ê

 

      5.  In determining the interests of justice and the need for protection of the public, the juvenile court shall consider:

      (a) The number, date, nature and gravity of the delinquent acts committed by the person.

      (b) Whether the delinquent acts involved the use of a weapon, violence or infliction of serious bodily injury.

      (c) The impact to any victim of the person.

      (d) The extent to which the person has already received punishment, counseling, therapy or treatment after the commission of the delinquent acts, and the response of the person to any such punishment, counseling, therapy or treatment.

      (e) The behavior of the person since the date on which he committed the delinquent acts, including, without limitation, the character, maturity, educational progress and work history of the person.

      (f) Any evidence that the person engaged in recent threats against any person or expressed the intent to commit a crime in the future.

      (g) Psychological or psychiatric evidence that indicates a risk of recidivism.

      (h) Any emotional or mental health condition that existed at the time of the commission of the delinquent act.

      (i) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness.

      (j) Any other factor the juvenile court finds relevant.

      6.  If the case is transferred for criminal proceedings pursuant to this section, the court shall also transfer any other related offense arising out of the same facts as the delinquent act, regardless of the nature of the related offense.

      7.  The court to which the case is transferred has original jurisdiction over the person.

      8.  A person held in custody pursuant to this section must be held in the state prison, a county or city jail or detention facility for adults and is entitled to bail as established in criminal proceedings.

      Sec. 3.  NRS 62B.330 is hereby amended to read as follows:

      62B.330  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

      2.  For the purposes of this section, a child commits a delinquent act if the child:

      (a) Violates a county or municipal ordinance;

      (b) Violates any rule or regulation having the force of law; or

      (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

      3.  For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:

      (a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.

      (b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:

 


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ê2009 Statutes of Nevada, Page 51 (Chapter 25, SB 235)ê

 

            (1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and

            (2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:

            (1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and

            (2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.

      (d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:

            (1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and

            (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

      (e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

            (1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or

            (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

      (f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.

      Sec. 4.  NRS 62B.370 is hereby amended to read as follows:

      62B.370  1.  Except as otherwise provided in this title, a court shall transfer a case and record to the juvenile court if, during the pendency of a proceeding involving a criminal offense, it is ascertained that the person who is charged with the offense was less than 18 years of age when the person allegedly committed the offense.

      2.  A court shall not transfer a case and record to the juvenile court if the proceeding involves a criminal offense [excluded] :

      (a) Excluded from the original jurisdiction of the juvenile court pursuant to NRS 62B.330 [.] ; or

      (b) Transferred to the court pursuant to section 2 of this act.

      3.  A court making a transfer pursuant to this section shall:

      (a) Order the child to be taken immediately to the place of detention designated by the juvenile court;

 


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ê2009 Statutes of Nevada, Page 52 (Chapter 25, SB 235)ê

 

      (b) Order the child to be taken immediately to appear before the juvenile court; or

      (c) Release the child to the custody of a suitable person and order the child to be brought before the juvenile court at a time designated by the juvenile court.

________

 

CHAPTER 26, SB 392

Senate Bill No. 392–Committee on Finance

 

CHAPTER 26

 

AN ACT relating to purchasing; repealing an obsolete statute requiring annual payment to the State Treasurer by the Purchasing Division of the Department of Administration for the purchasing warehouse building and adjacent land; and providing other matters properly relating thereto.

 

[Approved: May 4, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Purchasing Division of the Department of Administration to pay annually to the State Treasurer for the cost of acquisition of the purchasing warehouse building and adjacent land in Las Vegas. (NRS 333.121) This bill repeals that law because the cost of has been fully repaid.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.121 is hereby repealed.

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

________

 


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ê2009 Statutes of Nevada, Page 53ê

 

CHAPTER 27, AB 133

Assembly Bill No. 133–Assemblymen Conklin, Dondero Loop; Anderson, Grady, Mortenson, Oceguera, Ohrenschall and Parnell

 

CHAPTER 27

 

AN ACT relating to escrows; establishing provisions concerning the disbursement of escrow money; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill establishes provisions for the proper disbursement of money from an escrow account relating to a real estate transaction. This bill prohibits the disbursement of such money until deposits that are at least equal to the proposed disbursements have been received. This bill also prohibits disbursements on the same business day as the funds are deposited unless the deposits are made in certain forms which allow for the immediate withdrawal of the money.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  No escrow officer or person who acts as an escrow agent may disburse money from an escrow account unless deposits which are at least equal in value to the proposed disbursements and which relate directly to the transaction for which the money is to be disbursed have been received.

      2.  No escrow officer or person who acts as an escrow agent may disburse money from an escrow account on the same business day as the money is deposited unless the deposit is made in one of the following forms:

      (a) Cash;

      (b) Interbank electronic transfer such that the money deposited is available for immediate withdrawal without condition;

      (c) Negotiable order of withdrawal, money order, cashier’s check or certified check which is payable in this State and which is drawn from a financial institution located in this State;

      (d) Any depository check, including any cashier’s check or teller’s check, that is governed by the Expedited Funds Availability Act, 12 U.S.C. §§ 4001 et seq.; or

      (e) Any other form that permits conversion of the deposit to cash on the same day as the deposit is made.

      3.  As used in this section, “escrow officer” has the meaning ascribed to it in NRS 692A.028.

      Sec. 2.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on October 1, 2009, for all other purposes.

________

 


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ê2009 Statutes of Nevada, Page 54ê

 

CHAPTER 28, AB 188

Assembly Bill No. 188–Assemblymen Stewart, Settelmeyer, Hogan, Gansert, Christensen; Grady, Hardy, Manendo and Munford

 

CHAPTER 28

 

AN ACT relating to education; authorizing the Board of Regents of the University of Nevada to waive certain fees and tuition for a child, widow or widower of a person who was killed while serving in the Nevada National Guard; authorizing the waiver of certain fees and tuition for the spouse or child of a person who is identified as a prisoner of war or missing in action while serving in the Armed Forces of the United States; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Regents of the University of Nevada to waive certain fees for a member of the Nevada National Guard or a recruit for the Nevada National Guard. (NRS 396.544) Additionally, existing law requires the Board of Regents to pay certain fees and expenses for the dependent child of a police officer, firefighter, officer of the Nevada Highway Patrol or volunteer ambulance driver or attendant who was killed while performing his duties. (NRS 396.545) Section 2 of this bill authorizes the Board of Regents to waive certain fees for a child, widow or widower of a person who was killed while performing his duties as a member of the Nevada National Guard. Section 3 of this bill authorizes the Board of Regents to waive certain fees for the spouse or child of a person who is identified as a prisoner of war or missing in action while performing his duties as a member of the Armed Forces of the United States.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The Board of Regents may grant a waiver of registration fees and laboratory fees for a child, widow or widower of a person who was killed while performing his duties as a member of the Nevada National Guard. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.

      2.  A person is eligible for a waiver pursuant to subsection 1 if he maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.

      3.  A child may use a waiver granted pursuant to this section for 10 years after he attains the age of 18 years or, if he enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment. A widow or widower may use a waiver granted pursuant to this section for 10 years after the date of the death of the member.

      4.  The Board of Regents may request the Adjutant General to verify that a person is the child, widow or widower of a person who was killed while performing his duties as a member of the Nevada National Guard.

 


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ê2009 Statutes of Nevada, Page 55 (Chapter 28, AB 188)ê

 

while performing his duties as a member of the Nevada National Guard. The Adjutant General shall, upon receiving such a request, notify the Board of Regents in writing concerning the status of that person.

      Sec. 3.  1.  The Board of Regents may grant a waiver of registration fees and laboratory fees for a spouse or child of a person who is identified as a prisoner of war or missing in action while performing his duties as a member of the Armed Forces of the United States. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.

      2.  A person is eligible for a waiver pursuant to subsection 1 if he maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.

      3.  A spouse may use a waiver granted pursuant to this section for 10 years after the date on which the member of the Armed Forces was identified as a prisoner of war or missing in action. A child may use a waiver granted pursuant to this section for 10 years after he attains the age of 18 years or, if he enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment.

      4.  The Board of Regents may request such documentation as it deems necessary to verify that a person is the spouse or child of a member of the Armed Forces of the United States who is identified as a prisoner of war or missing in action while performing his duties as a member of the Armed Forces.

      Sec. 4.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 29, AB 412

Assembly Bill No. 412–Assemblymen Claborn; Atkinson, Bobzien, Gustavson, Hambrick, Hogan, Horne, Leslie, Manendo, McClain, Mortenson and Stewart

 

CHAPTER 29

 

AN ACT relating to traffic laws; authorizing an operator of a tow car to tow an occupied vehicle under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill makes it lawful for an operator of a tow car to tow a vehicle occupied by a person with restricted mobility or a person who is in a hazardous situation provided that the person is properly restrained and, if required by law, wearing a seat belt.

 


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ê2009 Statutes of Nevada, Page 56 (Chapter 29, AB 412)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      When rendering assistance to a person with restricted mobility or to a person who is in a hazardous situation, an operator of a tow car may tow a vehicle with the person inside the vehicle to the nearest location that is safe if the person is properly restrained and, if applicable, wearing a safety belt as required pursuant to NRS 484.641.

      Sec. 2.  Section 1 of this act is hereby amended to read as follows:

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

      When rendering assistance to a person with restricted mobility or to a person who is in a hazardous situation, an operator of a tow car may tow a vehicle with the person inside the vehicle to the nearest location that is safe if the person is properly restrained . [and, if applicable, wearing a safety belt as required pursuant to NRS 484.641.]

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

      2.  Section 2 of this act becomes effective on the date on which the Secretary of the United States Department of Transportation, or his authorized representative, rescinds that portion of the Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. § 571.208) which requires the installation of automatic restraints in new private passenger motor vehicles. Section 2 of this act does not become effective on such date, however, if the Secretary’s decision to rescind that standard is not based, in any respect, on the enactment or continued operation of section 1 of this act.

________

 

CHAPTER 30, AB 216

Assembly Bill No. 216–Committee on Health and Human Services

 

CHAPTER 30

 

AN ACT relating to health; revising the membership and duties of the Nevada Academy of Health; removing the prospective expiration of the Nevada Academy of Health; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      The Nevada Academy of Health studies issues relating to health care in this State and provides assistance, technical support and advice to the Legislative Committee on Health Care and the Department of Health and Human Services. (NRS 439B.250) Section 1 of this bill revises the membership of the Nevada Academy of Health and reduces the membership of the Academy from 14 members to 13 members. Section 1 also revises the duties of the Nevada Academy of Health to require the Academy to study issues relating to the improvement of health and health care in this State and eliminates the requirement to make recommendations relating to a statewide biomedical and health research program.

 


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

ê2009 Statutes of Nevada, Page 57 (Chapter 30, AB 216)ê

 

      The Nevada Academy of Health is scheduled to expire on June 30, 2009. (Chapter 452, Statutes of Nevada 2007, p. 2384) Section 2 of this bill removes the prospective expiration of the Nevada Academy of Health.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439B.250 is hereby amended to read as follows:

      439B.250  1.  There is hereby established the Nevada Academy of Health consisting of [14] 13 members as follows:

      (a) The Director or his designee;

      (b) One member who represents the Nevada System of Higher Education appointed by the Board of Regents of the University of Nevada;

      (c) [Six] Four members appointed by the Governor;

      (d) Two members appointed by the Majority Leader of the Senate;

      (e) Two members appointed by the Speaker of the Assembly;

      (f) One member appointed by the Minority Leader of the Senate; [and]

      (g) One member appointed by the Minority Leader of the Assembly [.] ; and

      (h) The authorized representative for the State of Nevada of a quality improvement organization of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services which operates in this State or his designee.

      2.  The members appointed to the Academy pursuant to subsection 1 must not be Legislators and, to the extent practicable, must:

      (a) Represent agencies and organizations that provide education or training for providers of health care;

      (b) Be advocates for the rights of patients;

      (c) Be recognized academic scholars; or

      (d) Be members of the general public who have specialized knowledge and experience that are beneficial to the Academy.

      3.  The Chairman of the Academy must be elected from among the members of the Academy.

      4.  Each member of the Academy who is not an officer or employee of the State serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

      5.  Each member of the Academy who is an officer or employee of the State must be relieved from his duties without loss of his regular compensation so that he may attend meetings of the Committee or the Academy and is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid by the state agency that employs him.

      6.  The term of office of a member of the Academy is 2 years. A vacancy occurring in the membership of the Academy must be filled in the same manner as the original appointment. A member of the Academy may be reappointed.

      7.  The Academy shall:

      (a) Perform any duties prescribed by, and comply with all requests from, the Committee;

      (b) Study issues relating to health care in this State, including, without limitation [, medical] :

 


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

ê2009 Statutes of Nevada, Page 58 (Chapter 30, AB 216)ê

 

            (1) Medical and clinical research [and the] ;

            (2) The education and training of providers of health care;

            (3) The improvement of accountability within the system of health care in this State;

            (4) The improvement of access to and quality of health care in this State; and

            (5) The improvement of the health of the residents of this State;

      (c) Establish standards and goals concerning the provision of health care which are measurable and regularly evaluated;

      (d) Analyze and evaluate data relating to health care that is created, collected or reviewed by the Committee and the Department;

      (e) Promote cooperation and partnerships between the public and private sectors, including the [transfer] development and implementation of technology used to provide health care and the establishment of business partnerships that promote economic development in this State;

      (f) [Provide recommendations to the Governor and the Legislature concerning the establishment of a statewide biomedical and health research program;

      (g)] Provide to the Committee:

            (1) Such assistance and technical expertise on matters relating to health care as the Committee may request; and

            (2) Advice and recommendations from consumers of health care; and

      [(h)] (g) Provide to the Department, at the direction of the Committee:

            (1) Technical expertise in matters relating to health care; and

            (2) Advice and recommendations from consumers of health care.

      8.  The Academy may appoint advisory committees if necessary or appropriate to assist the Academy in carrying out the provisions of this section.

      9.  The Academy may accept gifts, grants and donations of money from any source to carry out the provisions of this section.

      Sec. 2.  Section 4 of chapter 452, Statutes of Nevada 2007, at page 2384, is hereby amended to read as follows:

      Sec. 4.  This act becomes effective on July 1, 2007 . [, and expires by limitation on June 30, 2009.]

      Sec. 3.  The appointed members of the Nevada Academy of Health must be appointed as follows:

      1.  One member must be appointed by the Board of Regents of the University of Nevada to a term that commences on July 1, 2009, and ends on June 30, 2011.

      2.  Four members must be appointed by the Governor to terms that commence on July 1, 2009, and end on June 30, 2011.

      3.  Two members must be appointed by the Majority Leader of the Senate to terms that commence on July 1, 2009, and end on June 30, 2011.

      4.  Two members must be appointed by the Speaker of the Assembly to terms that commence on July 1, 2009, and end on June 30, 2011.

      5.  One member must be appointed by the Minority Leader of the Senate to a term that commences on July 1, 2009, and ends on June 30, 2011.

      6.  One member must be appointed by the Minority Leader of the Assembly to a term that commences on July 1, 2009, and ends on June 30, 2011.

 


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

ê2009 Statutes of Nevada, Page 59 (Chapter 30, AB 216)ê

 

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

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

________

 

CHAPTER 31, AB 226

Assembly Bill No. 226–Assemblymen Goicoechea and Grady (by request)

 

Joint Sponsors: Senators Amodei, McGinness and Rhoads

 

CHAPTER 31

 

AN ACT relating to irrigation districts; revising limits on indebtedness and assessments of and purchases by irrigation districts; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of directors of an irrigation district to purchase necessary machinery and materials for the construction or repair of an irrigation system. Under existing law, any transaction for such a purchase may not be for an amount greater than 5 cents per acre of land in the district. (NRS 539.255) Section 1 of this bill removes the limit on the amount that may be spent on one transaction.

      Section 2 of this bill increases the maximum allowable debt for irrigation districts from $350,000 to $500,000 and increases the maximum annual assessment of irrigation districts from $1.50 per acre of land to $5.00 per acre of land. (NRS 539.480) Of that assessment amount, not more than $1.50 per acre may go toward the current authorized use of the assessment: the ordinary and current expenses of the district.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 539.255 is hereby amended to read as follows:

      539.255  In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may, in the ordinary course of business, purchase any necessary machinery or materials . [in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.]

      Sec. 2.  NRS 539.480 is hereby amended to read as follows:

      539.480  1.  For the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$350,000,] $500,000 and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

 


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

ê2009 Statutes of Nevada, Page 60 (Chapter 31, AB 226)ê

 

      2.  [Thereafter] Subject to the provisions of subsections 3, 4 and 5, thereafter the board may levy [an] :

      (a) An annual assessment, in the absence , except as otherwise provided in paragraph (b), of assessments therefor pursuant to any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses [. The assessment] ; and

      (b) An annual assessment of not more than $5.00 per acre on all the lands in the district for deposit in a capital improvement fund for the construction, reconstruction or maintenance of the irrigation system of the district and any appurtenances necessary thereto.

      3.  Annual assessments levied pursuant to the provisions of subsection 2 may not cumulatively exceed $5.00 per acre.

      4.  No portion of the amount collected from the assessment levied pursuant to the provisions of paragraph (b) of subsection 2 may be used for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.

      5.  The assessments authorized pursuant to the provisions of subsection 2 must be collected as provided in this chapter for the collection of other assessments.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 32, AB 407

Assembly Bill No. 407–Assemblymen Bobzien; and Smith

 

Joint Sponsor: Senator Parks

 

CHAPTER 32

 

AN ACT relating to motor vehicles; increasing the fee for the reinstatement of a driver’s license or commercial driver’s license that has been suspended, revoked, cancelled or disqualified under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      A person whose driver’s license or commercial driver’s license has been suspended or revoked for a violation relating to driving under the influence of alcohol or a controlled substance, or has been suspended, revoked, cancelled or disqualified for other reasons, must pay a fee to reinstate his license. (NRS 483.410, 483.910) This bill increases the amount of the fee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  Except as otherwise provided in subsection 6 and NRS 483.417, for every driver’s license, including a motorcycle driver’s license, issued and service performed, the following fees must be charged:

 


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

ê2009 Statutes of Nevada, Page 61 (Chapter 32, AB 407)ê

 

An original or renewal license issued to a person 65 years of age or older      $13.50

An original or renewal license issued to any person less than 65 years of age      18.50

Reinstatement of a license after suspension, revocation or cancellation, except a revocation for a violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, or pursuant to NRS 484.384 and 484.385 [40.00] 75.00

Reinstatement of a license after revocation for a violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, or pursuant to NRS 484.384 and 484.385      [65.00] 120.00

A new photograph, change of name, change of other information, except address, or any combination.................................................................... 5.00

A duplicate license......................................................................... 14.00

 

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

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

      4.  Except as otherwise provided in NRS 483.417, the increase in fees authorized by NRS 483.347 and the fees charged pursuant to NRS 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.

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

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

      (a) Voluntarily surrendered for medical reasons; or

      (b) Cancelled pursuant to NRS 483.310.

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

      8.  Except as otherwise provided in NRS 483.340, subsection 3 of NRS 483.3485, NRS 483.415 and 483.840, and subsection 3 of NRS 483.863, all money collected by the Department pursuant to this chapter must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      Sec. 2.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The Department shall charge and collect the following fees:

 

For an original commercial driver’s license which requires the Department to administer a driving skills test................................................... $84

For an original commercial driver’s license which does not require the Department to administer a driving skills test..................................................... 54

 


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

ê2009 Statutes of Nevada, Page 62 (Chapter 32, AB 407)ê

 

For renewal of a commercial driver’s license which requires the Department to administer a driving skills test................................................... $84

For renewal of a commercial driver’s license which does not require the Department to administer a driving skills test................................................ 54

For reinstatement of a commercial driver’s license after suspension or revocation of the license for a violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)......................................................... [84] 145

For reinstatement of a commercial driver’s license after suspension, revocation, cancellation or disqualification of the license, except a suspension or revocation for a violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)      [54] 110

For the transfer of a commercial driver’s license from another jurisdiction, which requires the Department to administer a driving skills test..... 84

For the transfer of a commercial driver’s license from another jurisdiction, which does not require the Department to administer a driving skills test 54

For a duplicate commercial driver’s license................................... 19

For any change of information on a commercial driver’s license.. 9

For each endorsement added after the issuance of an original commercial driver’s license.............................................................................................. 14

For the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver’s license....... 30

 

      2.  The Department shall charge and collect an annual fee of $555 from each person who is authorized by the Department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

      6.  The Department shall charge an applicant for a hazardous materials endorsement an additional fee for the processing of fingerprints. The Department shall establish the additional fee by regulation, except that the amount of the additional fee must not exceed the sum of the amount charged by the Central Repository for Nevada Records of Criminal History and each applicable federal agency to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

 


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

ê2009 Statutes of Nevada, Page 63 (Chapter 32, AB 407)ê

 

Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 33, AB 23

Assembly Bill No. 23–Committee on Taxation

 

CHAPTER 33

 

AN ACT relating to state financial administration; revising provisions governing the crediting and refunding of overpayments of certain taxes and fees; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill provides that the amount of any overpayment by a taxpayer or other person of a tax or fee administered by the Department pursuant to title 32 of NRS or NRS 444A.090 or 482.313 must be credited against any other such tax or fee then due from the taxpayer or other person before any portion of the overpayment may be refunded.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any specific statute to the contrary, if the Department determines that any taxpayer or other person has overpaid any tax or fee administered by the Department pursuant to this title or NRS 444A.090 or 482.313, the amount of the overpayment must be credited against any other such tax or fee then due from the taxpayer or other person before any portion of the overpayment may be refunded.

      Sec. 2.  NRS 360.233 is hereby amended to read as follows:

      360.233  If an officer, employee or agent of the Department determines that a taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:

      1.  Be given within 30 days after the officer, employee or agent makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and

      2.  If appropriate, include:

      (a) An explanation that an overpayment [may] must, in accordance with section 1 of this act, be credited against any amount then due from the taxpayer; [or] and

      (b) Instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment [.] or remaining balance thereof.

 


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

ê2009 Statutes of Nevada, Page 64 (Chapter 33, AB 23)ê

 

      Sec. 3.  NRS 360.291 is hereby amended to read as follows:

      360.291  1.  The Legislature hereby declares that each taxpayer has the right:

      (a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.

      (b) To a prompt response from the Department to each communication from the taxpayer.

      (c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.

      (d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.

      (e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.

      (f) To written instructions indicating how the taxpayer may petition for:

            (1) An adjustment of an assessment;

            (2) A refund or credit for overpayment of taxes, interest or penalties; or

            (3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.

      (g) Except as otherwise provided in NRS 361.485, and section 1 of this act, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.

      (h) To obtain specific advice from the Department concerning taxes imposed by the State.

      (i) In any meeting with the Department, including an audit, conference, interview or hearing:

            (1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayer’s rights thereunder;

            (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the Department;

            (3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and

            (4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.

      (j) To a full explanation of the Department’s authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.

      (k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:

            (1) The tax is paid;

            (2) The period of limitation for collecting the tax expires;

            (3) The lien is the result of an error by the Department;

            (4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;

 


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

ê2009 Statutes of Nevada, Page 65 (Chapter 33, AB 23)ê

 

            (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;

            (6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or

            (7) The Department determines that the lien is creating an economic hardship.

      (l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.

      (m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the taxes administered by the Department.

      (n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.

      (o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.

      2.  The provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

      3.  The provisions of this section apply to any tax administered, regulated and collected by the Department pursuant to the provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 and any regulations adopted by the Department relating thereto.

      Sec. 4.  NRS 362.130 is hereby amended to read as follows:

      362.130  1.  When the Department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds and the tax due and [shall] send a copy of the certificate to the owner of the mine, operator of the mine or recipient of the royalty, as the case may be.

      2.  The certificate must be prepared and mailed not later than:

      (a) April 20 immediately following the month of February during which the annual statement was filed; or

      (b) April 30 immediately thereafter if an amended statement is filed in a timely manner.

      3.  The tax due as indicated in the certificate [prepared pursuant to this section] must be paid on or before May 10 of the year in which the certificate is received.

      4.  If an overpayment was made, the overpayment [may] must be credited toward the payment due on May 10 of the next calendar year. If the certificate [prepared pursuant to this section] shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must , after being credited against any amount then due from the taxpayer in accordance with section 1 of this act, be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.

 


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

ê2009 Statutes of Nevada, Page 66 (Chapter 33, AB 23)ê

 

      Sec. 5.  NRS 363A.150 is hereby amended to read as follows:

      363A.150  If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must [be credited on any amounts] , after being credited against any amount then due from the person [under this chapter, and the balance ] in accordance with section 1 of this act, be refunded to the person or his successors in interest.

      Sec. 6.  NRS 363B.140 is hereby amended to read as follows:

      363B.140  If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must [be credited on any amounts] , after being credited against any amount then due from the person [under this chapter, and the balance] in accordance with section 1 of this act, be refunded to the person or his successors in interest.

      Sec. 7.  NRS 368A.250 is hereby amended to read as follows:

      368A.250  If the Department determines that any tax, penalty or interest it is required to collect has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in its records and shall certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must [be credited on any amounts] , after being credited against any amount then due from the person [under this chapter, and the balance] in accordance with section 1 of this act, be refunded to the person or his successors in interest.

      Sec. 8.  NRS 370.503 is hereby amended to read as follows:

      370.503  1.  Upon proof satisfactory to the Department [,] and subject to the requirements of section 1 of this act, a refund must be allowed for the taxes paid pursuant to NRS 370.450, upon products made from tobacco other than cigarettes, that are sold to:

      (a) The United States Government for the purposes of the Army, Air Force, Navy or Marine Corps and are shipped to a point within this State to a place which has been lawfully ceded to the United States Government for the purposes of the Army, Air Force, Navy or Marine Corps;

      (b) Veterans’ hospitals for distribution or sale to servicemen with disabilities or ex-servicemen with disabilities interned therein, but not to civilians or civilian employees;

      (c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the tax imposed pursuant to NRS 370.501; or

      (d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the tax imposed pursuant to NRS 370.501.

 


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

ê2009 Statutes of Nevada, Page 67 (Chapter 33, AB 23)ê

 

      2.  Any refund must be paid as other claims against the State are paid.

      Sec. 9.  NRS 372.630 is hereby amended to read as follows:

      372.630  1.  If the Department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the State Board of Examiners, the excess amount collected or paid must [be credited on any amounts] , after being credited against any amount then due from the person [under this chapter, and the balance] in accordance with section 1 of this act, be refunded to the person, or his successors, administrators or executors.

      2.  Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to sections 34 to 38, inclusive, of the Sales and Use Tax Act (chapter 397, Statutes of Nevada 1955) and NRS 372.210 to 372.255, inclusive, must be credited or refunded by the State to the purchaser [.] , subject to the requirements of section 1 of this act.

      Sec. 10.  NRS 374.635 is hereby amended to read as follows:

      374.635  1.  If the Department determines that any amount, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and shall certify to the board of county commissioners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the board of county commissioners, the excess amount collected or paid must [be credited on any amounts] , after being credited against any amount then due from the person [pursuant to this chapter, and the balance must] in accordance with section 1 of this act, be refunded to the person [,] or his successors, administrators or executors.

      2.  Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to NRS 374.190 to 374.260, inclusive, and 374.727 [,] must be credited or refunded by the county to the purchaser [.] , subject to the requirements of section 1 of this act.

      Sec. 11.  This act becomes effective on July 1, 2009.

________

 


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

ê2009 Statutes of Nevada, Page 68ê

 

CHAPTER 34, AB 28

Assembly Bill No. 28–Committee on Transportation

 

CHAPTER 34

 

AN ACT relating to administrative hearings; revising provisions governing hearings conducted by the Department of Motor Vehicles; authorizing the taking of testimony in such hearings by telephone, videoconference or other electronic means; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to conduct hearings under certain circumstances and further requires that certain hearings be conducted in the county in which the person who requests the hearing resides, unless the requester and the Department agree on a different location for the hearing. (NRS 483.448, 483.463, 483.470, 483.475, 484.387) This bill provides that, with regard to any hearing conducted by the Department: (1) the testimony of any party or witness may be taken by telephone, videoconference or other electronic means; and (2) the hearing may be conducted at any location so long as the hearing officer allows each party and witness to testify by telephone, videoconference or other electronic means.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any specific statute to the contrary, with regard to any hearing required to be conducted by the Department pursuant to this title:

      1.  The testimony of any party or witness may be taken by telephone, videoconference or other electronic means; and

      2.  The hearing may be conducted at any location so long as the hearing officer allows each party and witness to testify by telephone, videoconference or other electronic means.

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

________

 


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

ê2009 Statutes of Nevada, Page 69ê

 

CHAPTER 35, AB 37

Assembly Bill No. 37–Committee on Taxation

 

CHAPTER 35

 

AN ACT relating to state business licenses; authorizing the Department of Taxation to relieve a person from paying all or part of the penalty for the late payment of the annual fee for a state business license under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a person who has been issued a state business license to submit an annual fee of $100 to the Department of Taxation for the license. If the person fails to submit the annual fee in a timely manner, he must pay a penalty in the amount of $100 in addition to the annual fee. (NRS 360.784) Existing law also provides that the Department may relieve a person of any interest or penalty for his failure to make a timely return or payment of various taxes if the failure is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent. (NRS 360.419) Section 1 of this bill authorizes the Department, in accordance with the provisions of NRS 360.419, to provide such relief to a person who fails to submit the annual fee for his state business license in a timely manner.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.419 is hereby amended to read as follows:

      360.419  1.  If the Executive Director or a designated hearing officer finds that the failure of a person to make a timely return or payment of a tax imposed pursuant to NRS 361.320 or chapter 361A, 362, 363A, 363B, 369, 370, 372, 372A, 374, 375A, 375B, 376A, 377 or 377A of NRS, or timely payment of the annual fee for a state business license imposed pursuant to NRS 360.784, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the Department may relieve him of all or part of any interest or penalty, or both.

      2.  A person seeking [this] relief must file with the Department a statement under oath setting forth the facts upon which he bases his claim.

      3.  The Department shall disclose, upon the request of any person:

      (a) The name of the person to whom relief was granted; and

      (b) The amount of the relief.

      4.  The Executive Director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to NRS 361.4835 which is deferred by a county treasurer or county assessor.

      Sec. 2.  NRS 360.784 is hereby amended to read as follows:

      360.784  1.  Except as otherwise provided in subsection 2, a person who has been issued a state business license shall submit a fee of $100 to the Department on or before:

      (a) The last day of the month in which the anniversary date of issuance of the state business license occurs in each year; or

      (b) Such other annual date as the Department and person may mutually agree,

 


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ê2009 Statutes of Nevada, Page 70 (Chapter 35, AB 37)ê

 

Ê unless the person submits a written statement to the Department, at least 10 days before that date, indicating that the person will not be conducting business in this State after that date.

      2.  The Department may reduce the amount of any initial fee required pursuant to paragraph (b) of subsection 1 to allow credit for the remaining portion of a year for which the fee has been paid for the state business license pursuant to paragraph (a) of subsection 1 or NRS 360.780.

      3.  [A] Except as otherwise provided in NRS 360.419, a person who fails to submit the annual fee required pursuant to this section in a timely manner shall pay a penalty in the amount of $100 in addition to the annual fee.

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

________

 

CHAPTER 36, AB 61

Assembly Bill No. 61–Committee on Judiciary

 

CHAPTER 36

 

AN ACT relating to criminal procedure; requiring the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his designee to notify certain victims of crime of the discharge, conditional release or escape of certain persons from the custody of the Administrator; requiring courts to inform certain persons of their right to such notification; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his designee to notify certain victims of criminal acts of the discharge, conditional release or escape from the custody of the Administrator of certain persons committed to the custody of the Administrator, such as a person who was acquitted by reason of insanity or a person who was found incompetent with no substantial probability of attaining competency in the foreseeable future. This section also requires the Administrator to provide the victim notice of such a discharge or release within a certain period of time. (NRS 175.539, 178.425) Section 1 is patterned after a provision of existing law that similarly requires the Director of the Department of Corrections to notify a victim of an offender of the release into the community or escape of the offender from the custody of the Department. (NRS 209.521)

      Section 3 of this bill requires a court to provide documentation to certain victims of a person committed to the custody of the Administrator and to certain other persons of their right to be notified of the information set forth in section 1 of this bill. (NRS 178.5698)

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person is committed to the custody of the Administrator and is subject to the provisions of NRS 178.463 to 178.471, inclusive, a victim of the person may request the Administrator or his designee to notify the victim of the person’s discharge, conditional release or escape from the custody of the Administrator by submitting to the Administrator:

      (a) A written request for notification; and

      (b) The current address of the victim.

      2.  If the Administrator or his designee receives a request for notification pursuant to subsection 1, the Administrator or his designee shall notify the victim if the person committed to the custody of the Administrator:

      (a) Will be discharged or conditionally released pursuant to NRS 178.463 to 178.471, inclusive, at least 10 days before the discharge or release; or

      (b) Has escaped from the custody of the Administrator.

      3.  A person described in subsection 1 must not be discharged or released from commitment, temporarily or otherwise, for any purpose unless notification of the discharge or release has been mailed to the last known address of every victim of the person who has requested notification pursuant to subsection 1.

      4.  The Administrator or his designee may not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to the Administrator or his designee or if the address provided is inaccurate or not current.

      5.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Administrator or his designee pursuant to this section is confidential.

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

      (a) A person, including, without limitation, a governmental entity, against whom an act has been committed for which the person committed to the custody of the Administrator has been charged;

      (b) A person who has been injured or killed as a direct result of the commission of an act for which the person committed to the custody of the Administrator has been charged; or

      (c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a “relative” of a person includes:

            (1) A spouse, parent, grandparent or stepparent;

            (2) A natural born child, stepchild or adopted child;

            (3) A grandchild, brother, sister, half brother or half sister; or

            (4) A parent of a spouse.

 


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      Sec. 2.  NRS 178.3981 is hereby amended to read as follows:

      178.3981  As used in NRS 178.3981 to 178.471, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 178.3982 to 178.399, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform him:

      (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which he was directly involved.

      2.  A request for information pursuant to subsection 1 must be made:

      (a) In writing; or

      (b) By telephone through an automated or computerized system of notification, if such a system is available.

      3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

            (1) A form advising the witness of the right to be notified pursuant to subsection 5;

            (2) The form that the witness must use to request notification in writing; and

            (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 4, documentation that includes:

            (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.130 [;] and section 1 of this act;

            (2) The forms that the person must use to request notification; and

            (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

      4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.

 


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ê2009 Statutes of Nevada, Page 73 (Chapter 36, AB 61)ê

 

      6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides his current address; and

      (c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,

Ê before the offender is released from prison.

      7.  The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.

      8.  As used in this section:

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

            (1) Sexual assault pursuant to NRS 200.366;

            (2) Statutory sexual seduction pursuant to NRS 200.368;

            (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

            (4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

            (5) Incest pursuant to NRS 201.180;

            (6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

            (7) Open or gross lewdness pursuant to NRS 201.210;

            (8) Indecent or obscene exposure pursuant to NRS 201.220;

            (9) Lewdness with a child pursuant to NRS 201.230;

            (10) Sexual penetration of a dead human body pursuant to NRS 201.450;

            (11) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

            (12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

            (13) An attempt to commit an offense listed in this paragraph.

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

________

 


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ê2009 Statutes of Nevada, Page 74ê

 

CHAPTER 37, AB 93

Assembly Bill No. 93–Committee on Judiciary

 

CHAPTER 37

 

AN ACT relating to crimes; revising the definition of the crime of assault; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill revises the definition of the crime of assault by expanding the current definition to include unlawfully attempting to use physical force against another person.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means [intentionally] :

            (1) Unlawfully attempting to use physical force against another person; or

            (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

            (1) A person who possesses some or all of the powers of a peace officer;

            (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

            (3) A member of a volunteer fire department;

            (4) A jailer, guard, matron or other correctional officer of a city or county jail;

            (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

            (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.

 


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ê2009 Statutes of Nevada, Page 75 (Chapter 37, AB 93)ê

 

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon [,] or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon [,] or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event [,] and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon [,] or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon [,] or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

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

________

 


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ê2009 Statutes of Nevada, Page 76ê

 

CHAPTER 38, AB 96

Assembly Bill No. 96–Committee on Education

 

CHAPTER 38

 

AN ACT relating to education; clarifying eligibility for and the administration of Millennium Scholarships for students who are enrolled in more than one eligible institution; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that to be eligible for a Governor Guinn Millennium Scholarship a student must be enrolled in at least 6 semester credit hours in a community college or 12 semester credit hours in another eligible institution. (NRS 396.930) The law does not specify whether enrollment in more than one eligible institution affects a student’s eligibility for a Scholarship or how to administer the Scholarship for such a student.

      This bill clarifies that a student who is enrolled in more than one eligible institution is eligible for a Millennium Scholarship if the student meets certain requirements, and that the Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate. This bill also directs the Board of Regents of the University of Nevada to establish procedures and guidelines for the administration of Millennium Scholarships for students who are enrolled in more than one eligible institution. (NRS 396.930, 396.934)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 396.930 is hereby amended to read as follows:

      396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a Millennium Scholarship if he:

      (a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before he applies for the Millennium Scholarship;

      (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

            (1) After May 1, 2000, but not later than May 1, 2003; or

            (2) After May 1, 2003, and, except as otherwise provided in paragraph (c) of subsection 2, not more than 6 years before he applies for the Millennium Scholarship;

      (c) Does not satisfy the requirements of paragraph (b) and:

            (1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

            (2) Received his high school diploma within 4 years after he was regularly scheduled to graduate; and

            (3) Applies for the Millennium Scholarship not more than 6 years after he was regularly scheduled to graduate from high school;

 


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ê2009 Statutes of Nevada, Page 77 (Chapter 38, AB 96)ê

 

      (d) Maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

            (1) A 3.00 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2003 or 2004;

            (2) A 3.10 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2005 or 2006; or

            (3) A 3.25 grade point average on a 4.0 grading scale, if he was a member of the graduating class of 2007 or a later graduating class; and

      (e) Is enrolled in at least:

            (1) Six semester credit hours in a community college within the System; [or]

            (2) Twelve semester credit hours in another eligible institution [.] ; or

            (3) A total of 12 or more semester credit hours in eligible institutions if the student is enrolled in more than one eligible institution.

      2.  The Board of Regents:

      (a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.

      (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

      (c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications [that is] set forth in subparagraph (2) of paragraph (b) of subsection 1.

      (d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

            (1) The 6-year limitation on applications [that is] set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

            (2) The minimum number of credits prescribed in paragraph (e) of subsection 1.

      (e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 3.

      3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:

      (a) The minimum score on a standardized test that such students must receive; or

      (b) Other criteria that students must meet,

Ê to be eligible for Millennium Scholarships.

      4.  In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:

 


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ê2009 Statutes of Nevada, Page 78 (Chapter 38, AB 96)ê

 

      (a) Are pursuing a career in education or health care;

      (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

      (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

      5.  The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring his eligibility for a Millennium Scholarship pursuant to the requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize his immigration status or will file an application to legalize his immigration status as soon as he is eligible to do so.

      Sec. 2.  NRS 396.934 is hereby amended to read as follows:

      396.934  1.  Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:

      (a) If he is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph. [In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 12 semester credits per semester pursuant to this paragraph.]

      (b) If he is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less. [In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 12 semester credits per semester pursuant to this paragraph.]

      (c) If he is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (d) If he is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.

Ê In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 12 semester credits per semester pursuant to this [paragraph.] subsection.

      2.  No student may be awarded a Millennium Scholarship:

      (a) To pay for remedial courses.

      (b) For a total amount in excess of $10,000.

 


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ê2009 Statutes of Nevada, Page 79 (Chapter 38, AB 96)ê

 

      3.  A student who receives a Millennium Scholarship shall:

      (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 7; and

      (b) If the student graduated from high school after May 1, 2003, maintain:

            (1) At least a 2.60 grade point average on a 4.0 grading scale for each semester during the first year of enrollment in the Governor Guinn Millennium Scholarship Program.

            (2) At least a 2.75 grade point average on a 4.0 grading scale for each semester during the second year of enrollment in the Governor Guinn Millennium Scholarship Program and for each semester during each year of enrollment thereafter.

      4.  If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:

      (a) Subsequently satisfies the requirements of subsection 3 in a semester in which he is not eligible for the Millennium Scholarship, he is eligible for the Millennium Scholarship for his next semester of enrollment.

      (b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, he is no longer eligible for a Millennium Scholarship.

      5.  A Millennium Scholarship must be used only:

      (a) For the payment of registration fees and laboratory fees and expenses;

      (b) To purchase required textbooks and course materials; and

      (c) For other costs related to the attendance of the student at the eligible institution.

      6.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 7. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 5. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

      7.  The Board of Regents shall establish [criteria] :

      (a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 6.

      [8.  The Board of Regents shall establish procedures]

      (b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

 


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ê2009 Statutes of Nevada, Page 80 (Chapter 38, AB 96)ê

 

      (c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 39, AB 105

Assembly Bill No. 105–Assemblywoman Gansert

 

CHAPTER 39

 

AN ACT relating to criminal procedure; providing that a defendant convicted of certain offenses must submit a specimen for genetic marker testing without a court ordering him to do so; authorizing a board of county commissioners to accept gifts, grants and donations for the county’s fund for genetic marker testing; revising the purposes for which a forensic laboratory that receives money from a fund for genetic marker testing may use the money; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Upon conviction of certain crimes, existing law provides for the issuance of a court order requiring: (1) certain personal identifying information of the defendant to be submitted to the Central Repository for Nevada Records of Criminal History; and (2) a biological specimen of the defendant to be obtained for genetic marker testing. (NRS 176.0913) Section 1 of this bill: (1) eliminates the need for a court order for these requirements; and (2) provides that the biological specimen is not required if the defendant previously submitted a biological specimen for a prior conviction.

      Existing law provides that a defendant who submits a biological specimen for genetic testing must pay a fee for that testing, which is then deposited with the county treasurer for deposit in that county’s fund for genetic marker testing. Money remaining in the fund, after the county treasurer pays the actual costs of obtaining a biological specimen, must be distributed to forensic laboratories engaging in genetic marker testing for use for certain purposes. (NRS 176.0915) Section 2 of this bill authorizes a board of county commissioners to accept gifts, grants and donations for the county’s fund for genetic marker testing and expands the purposes for which a forensic laboratory which receives money from the county’s fund may use that money.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 81 (Chapter 39, AB 105)ê

 

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

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

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

      (a) A felony;

      (b) A crime against a child as defined in NRS 179D.0357;

      (c) A sexual offense as defined in NRS 179D.097;

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

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

      (f) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (e), inclusive;

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

            (1) Convicted in this State of committing an offense listed in paragraph (a), (d), (e) or (f); or

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

      (h) Failing to register with a local law enforcement agency after being convicted of a crime against a child as required pursuant to NRS 179D.450; or

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

      5.  [A court shall not order a biological specimen to be obtained from a defendant who has previously submitted such a specimen for conviction of a prior offense unless the court determines that] If it is determined that a defendant’s biological specimen has previously been submitted for conviction of a prior offense, an additional sample is [necessary.] not required.

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

 


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ê2009 Statutes of Nevada, Page 82 (Chapter 39, AB 105)ê

 

control of the biological specimen, results of a genetic marker analysis or information identifying or matching a biological specimen with a person, except pursuant to:

      (a) A court order; or

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

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

      Sec. 2.  NRS 176.0915 is hereby amended to read as follows:

      176.0915  1.  If [the court orders that] a biological specimen [be] is obtained from a defendant pursuant to NRS 176.0913, the court, in addition to any other penalty, shall order the defendant, to the extent of his financial ability, to pay the sum of $150 as a fee for obtaining the specimen and for conducting the analysis to determine the genetic markers of the specimen. The fee:

      (a) Must be stated separately in the judgment of the court or on the docket of the court;

      (b) Must be collected from the defendant before or at the same time that any fine imposed by the court is collected from the defendant; and

      (c) Must not be deducted from any fine imposed by the court.

      2.  All money that is collected pursuant to subsection 1 must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

      3.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for genetic marker testing. The county treasurer shall deposit money that is collected pursuant to subsection 2 in the fund for genetic marker testing. The money must be accounted for separately within the fund.

      4.  Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay for the actual amount charged to the county for obtaining a biological specimen from a defendant pursuant to NRS 176.0913.

      5.  The board of county commissioners of each county may apply for and accept grants, gifts, donations, bequests or devises which the board of county commissioners shall deposit with the county treasurer for credit to the fund for genetic marker testing.

      6.  If money remains in the fund after the county treasurer makes the payments required by subsection 4, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the county pursuant to NRS 176.0917 to conduct or oversee genetic marker testing for the county. A forensic laboratory that receives money pursuant to this subsection shall use the money to [:

      (a) Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and

      (b) Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee] cover any expense related to genetic marker testing.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 83ê

 

CHAPTER 40, AB 114

Assembly Bill No. 114–Committee on Judiciary

 

CHAPTER 40

 

AN ACT relating to victims of crime; extending the time to appeal the denial of a claim for compensation to a victim of crime; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      This bill extends the time to appeal a compensation officer’s denial of a claim seeking compensation from the Fund for the Compensation of Victims of Crime from 15 to 60 days.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.110 is hereby amended to read as follows:

      217.110  1.  Upon receipt of an application for compensation, the compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer shall deny the claim within 5 days after receipt of the application if the applicant’s ineligibility is apparent from the facts stated in the application. The applicant may appeal the denial to a hearing officer within [15] 60 days after the decision. If the hearing officer determines that the applicant may be entitled to compensation, the hearing officer shall order the compensation officer to complete an investigation and render a decision pursuant to subsection 2. If the hearing officer denies the appeal, the applicant may appeal to an appeals officer pursuant to NRS 217.117.

      2.  If the compensation officer does not deny the application pursuant to subsection 1, or if he is ordered to proceed by the hearing officer, he shall conduct an investigation and, except as otherwise provided in subsection 4, render a decision within 60 days after his receipt of the application or order. If in conducting his investigation the compensation officer believes that:

      (a) Reports on the previous medical history of the victim;

      (b) An examination of the victim and a report of that examination;

      (c) A report on the cause of death of the victim by an impartial medical expert; or

      (d) Investigative or police reports,

Ê would aid him in making his decision, the compensation officer may order the reports.

      3.  Upon the request of a compensation officer pursuant to subsection 2 for investigative or police reports which concern a minor who committed a crime against the victim, a juvenile court or a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports. Any reports obtained by a compensation officer pursuant to this subsection are confidential and must not be disclosed except upon the lawful order of a court of competent jurisdiction.

 


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ê2009 Statutes of Nevada, Page 84 (Chapter 40, AB 114)ê

 

      4.  When additional reports are requested pursuant to subsection 2, the compensation officer shall render a decision in the case, including an order directing the payment of compensation, if compensation is due, within 15 days after receipt of the reports.

      Sec. 2.  (Deleted by amendment.)

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

________

 

CHAPTER 41, AB 163

Assembly Bill No. 163–Assemblymen Ohrenschall, Atkinson, Christensen, Manendo; Aizley, Bobzien, Carpenter, Claborn, Cobb, Dondero Loop, Hambrick, Hogan, Kihuen, Kirkpatrick, Koivisto, Leslie, Mastroluca, Mortenson, Munford, Oceguera, Pierce, Segerblom and Smith

 

Joint Sponsors: Senators Parks, Townsend; Breeden, Care, Copening, Nolan, Washington and Wiener

 

CHAPTER 41

 

AN ACT relating to highways; authorizing the Department of Transportation to adopt regulations to allow certified low emission and energy-efficient vehicles to be operated in a lane on certain highways designated for the preferential use or exclusive use of high-occupancy vehicles; authorizing counties and cities to adopt ordinances to allow certain low emission and energy-efficient vehicles to travel in designated lanes in planned communities; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Section 1.5 of this bill authorizes the Department of Transportation to adopt regulations to allow certified low emission and energy-efficient vehicles to be operated in a lane on a highway under its jurisdiction designated for the preferential use or exclusive use of high-occupancy vehicles. Section 1.7 of this bill authorizes counties and cities to adopt ordinances that allow certain low emission and energy-efficient vehicles, including golf carts, to travel in designated lanes within planned communities.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 1.7 of this act.

      Sec. 1.5.  1.  To the extent not inconsistent with federal law, the Department of Transportation may, in consultation with the Federal Highway Administration and the United States Environmental Protection Agency, adopt regulations establishing a program to allow a vehicle that is certified by the Administrator of the United States Environmental Protection Agency as a low emission and energy-efficient vehicle to be operated in a lane that is designated for the use of high-occupancy vehicles pursuant to NRS 484.312.

 


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ê2009 Statutes of Nevada, Page 85 (Chapter 41, AB 163)ê

 

      2.  As used in this section, “low emission and energy-efficient vehicle” has the meaning ascribed to it in 23 U.S.C. § 166(f)(3).

      Sec. 1.7.  1.  A county or city may adopt an ordinance to allow low emission and energy-efficient vehicles to travel in a designated lane on streets within a planned community.

      2.  As used in this section:

      (a) “Low emission and energy-efficient vehicle” has the meaning ascribed to it in 23 U.S.C. § 166(f)(3) except that the term includes golf carts.

      (b) “Planned community” has the meaning ascribed to it in NRS 116.075.

      Sec. 2.  1.  This section and section 1.7 of this act become effective upon passage and approval.

      2.  Section 1.5 of this act becomes effective:

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

      (b) On July 1, 2010, for all other purposes.

________

 

CHAPTER 42, AB 164

Assembly Bill No. 164–Assemblymen Horne, Gansert, Anderson, Manendo, Kihuen; Aizley, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Conklin, Denis, Dondero Loop, Hambrick, Hardy, Kirkpatrick, Koivisto, Leslie, Mastroluca, McArthur, McClain, Mortenson, Munford, Oceguera, Ohrenschall, Parnell, Pierce, Segerblom, Smith, Spiegel and Stewart

 

Joint Sponsors: Senators Breeden, Wiener, Care, Parks, Copening; Horsford, Lee, Mathews, McGinness and Washington

 

CHAPTER 42

 

AN ACT relating to crimes; providing certain penalties for a battery that is committed by strangulation; increasing the penalty for a battery which constitutes domestic violence if the battery is committed by strangulation; increasing the penalty for a battery under other circumstances if the battery is committed by strangulation; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Section 3 of this bill revises provisions governing the crime of battery to provide the same penalties for a battery which is committed by strangulation as are imposed for a battery which results in substantial bodily harm. (NRS 200.481) Section 3 also defines the term “strangulation” similarly to the manner in which the term is defined in a similar Minnesota law. (Minn. Stat. § 609.2247(1)(c))

      Sections 4 and 5 of this bill revise provisions governing the crime of battery which constitutes domestic violence to impose a category C felony with a maximum fine of $15,000 upon any person who is convicted of a battery which constitutes domestic violence if the battery is committed by strangulation. (NRS 200.485)

 


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ê2009 Statutes of Nevada, Page 86 (Chapter 42, AB 164)ê

 

      Sections 1, 2, 6 and 7 of this bill amend certain provisions regarding additional penalties, battery with the intent to commit sexual assault, the reporting of certain crimes committed against a child and bail so that those provisions will apply in the same manner to a battery which resulted in substantial bodily harm and a battery which was committed by strangulation. (NRS 193.166, 200.400, 202.876, 178.484)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      193.166  1.  Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400 or subsection 5 of NRS 200.591, in violation of:

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

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

      (c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;

      (d) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS; or

      (e) A temporary or extended order issued pursuant to NRS 200.591,

Ê shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years.

      2.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      3.  The sentence prescribed by this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

      4.  The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, [or] battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

 


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ê2009 Statutes of Nevada, Page 87 (Chapter 42, AB 164)ê

 

      5.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      Sec. 2.  NRS 200.400 is hereby amended to read as follows:

      200.400  1.  As used in this section [, “battery”] :

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Strangulation” has the meaning ascribed to it in NRS 200.481.

      2.  A person who is convicted of battery with the intent to commit mayhem, robbery or grand larceny 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 10 years, and may be further punished by a fine of not more than $10,000.

      3.  A person who is convicted of battery with the intent to kill 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 20 years.

      4.  A person who is convicted of battery with the intent to commit sexual assault shall be punished:

      (a) If the crime results in substantial bodily harm to the victim [,] or is committed by strangulation, for a category A felony by imprisonment in the state prison:

            (1) For life without the possibility of parole; or

            (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê as determined by the verdict of the jury, or the judgment of the court if there is no jury.

      (b) If the crime does not result in substantial bodily harm to the victim and the victim is 16 years of age or older, for a category A felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of life with the possibility of parole.

      (c) If the crime does not result in substantial bodily harm to the victim and the victim is a child under the age of 16, for a category A felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of life with the possibility of parole.

Ê In addition to any other penalty, a person convicted pursuant to this subsection may be punished by a fine of not more than $10,000.

      Sec. 3.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

            (1) A person who possesses some or all of the powers of a peace officer;

            (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

            (3) A member of a volunteer fire department;

            (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

 


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ê2009 Statutes of Nevada, Page 88 (Chapter 42, AB 164)ê

 

            (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph; or

            (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (d) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

      (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (h) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

      (i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      [(i)] (j) “Taxicab driver” means a person who operates a taxicab.

      [(j)] (k) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in [paragraph (d)] this section or [in] NRS 197.090, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results [,] or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

      (c) If [the] :

            (1) The battery is committed [:

            (1) Upon] upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his duty or upon a sports official based on the performance of his duties at a sporting event;

            (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm [;] or the battery is committed by strangulation; and

            (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

Ê for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      (d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

 


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ê2009 Statutes of Nevada, Page 89 (Chapter 42, AB 164)ê

 

      (e) If the battery is committed with the use of a deadly weapon, and:

            (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

            (2) Substantial bodily harm to the victim results [,] or the battery is committed by strangulation, for a category B felony 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 may be further punished by a fine of not more than $10,000.

      (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results [,] and whether or not the battery is committed by strangulation, for a category B felony 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.

      (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

            (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

            (2) Substantial bodily harm to the victim results [,] or the battery is committed by strangulation, for a category B felony 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.

      Sec. 4.  NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

            (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

            (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

            (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

            (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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ê2009 Statutes of Nevada, Page 90 (Chapter 42, AB 164)ê

 

      2.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

      3.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) Except as otherwise provided in this subsection, for the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      (b) Except as otherwise provided in this subsection, for the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

Ê If the person resides more than 70 miles from the nearest location at which counseling services are available, the court may allow the person to participate in counseling sessions in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470 every other week for the number of months required pursuant to paragraph (a) or (b) so long as the number of hours of counseling is not less than 6 hours per month. If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      [3.] 4.  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. 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.] 5.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

      [5.] 6.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Health and Human Services.

      [6.] 7.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services.

 


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ê2009 Statutes of Nevada, Page 91 (Chapter 42, AB 164)ê

 

If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

      [7.] 8.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill 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. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

      [8.] 9.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

      Sec. 5.  NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to subsection 2 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

            (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

            (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

            (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

            (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

 


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ê2009 Statutes of Nevada, Page 92 (Chapter 42, AB 164)ê

 

      3.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      (b) For the second offense within 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

Ê If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.

      [3.] 4.  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. 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.] 5.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

      [5.] 6.  In addition to any other penalty, the court may require such a person to participate, at his expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Health Division of the Department of Health and Human Services.

      [6.] 7.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of his ability to pay.

      [7.] 8.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill 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. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

 


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ê2009 Statutes of Nevada, Page 93 (Chapter 42, AB 164)ê

 

      [8.] 9.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

      Sec. 6.  NRS 202.876 is hereby amended to read as follows:

      202.876  “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:

      1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

      2.  Mayhem pursuant to NRS 200.280.

      3.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

      4.  Sexual assault pursuant to NRS 200.366.

      5.  Robbery pursuant to NRS 200.380.

      6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

      7.  Battery with intent to commit a crime pursuant to NRS 200.400.

      8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

      9.  False imprisonment pursuant to NRS 200.460 [,] if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      10.  Assault with a deadly weapon pursuant to NRS 200.471.

      11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm [pursuant to] as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 [.] or 200.485.

      12.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.

      13.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      14.  Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

      15.  Open or gross lewdness pursuant to NRS 201.210.

      16.  Lewdness with a child pursuant to NRS 201.230.

      17.  An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.

      18.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      19.  An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.

      Sec. 7.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

 


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ê2009 Statutes of Nevada, Page 94 (Chapter 42, AB 164)ê

 

      2.  A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail;

      (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or

      (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.

      3.  A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:

      (a) A court issues an order directing that the person be admitted to bail; or

      (b) A department of alternative sentencing directs the detention facility to admit the person to bail.

      4.  A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.

      5.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on his own recognizance unless he has a concentration of alcohol of less than 0.04 in his breath. A test of the person’s breath pursuant to this subsection to determine the concentration of alcohol in his breath as a condition of admission to bail or release is not admissible as evidence against the person.

      6.  A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on his own recognizance sooner than 12 hours after his arrest.

      7.  A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after his arrest. If the person is admitted to bail more than 12 hours after his arrest, without appearing personally before a magistrate [,] or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm [;] or was committed by strangulation;

      (b) Five thousand dollars, if the person has:

            (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm [;] or was committed by strangulation; or

 


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ê2009 Statutes of Nevada, Page 95 (Chapter 42, AB 164)ê

 

            (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which he has been arrested resulted in substantial bodily harm [;] or was committed by strangulation; or

      (c) Fifteen thousand dollars, if the person has:

            (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which he has been arrested resulted in substantial bodily harm [;] or was committed by strangulation; or

            (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 must not be admitted to bail sooner than 12 hours after his arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection of the type for which he has been arrested; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

            (1) A concentration of alcohol of 0.08 or more in his blood or breath; or

            (2) An amount of a prohibited substance in his blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484.379.

      9.  If a person is admitted to bail more than 12 hours after his arrest, pursuant to subsection 8, without appearing personally before a magistrate [,] or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:

      (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591;

 


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ê2009 Statutes of Nevada, Page 96 (Chapter 42, AB 164)ê

 

      (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591; or

      (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591.

Ê The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court [,] or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.

      10.  The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.

      11.  Before releasing a person arrested for any crime, the court may impose such reasonable conditions on the person as it deems necessary to protect the health, safety and welfare of the community and to ensure that the person will appear at all times and places ordered by the court, including, without limitation:

      (a) Requiring the person to remain in this State or a certain county within this State;

      (b) Prohibiting the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on his behalf;

      (c) Prohibiting the person from entering a certain geographic area; or

      (d) Prohibiting the person from engaging in specific conduct that may be harmful to his own health, safety or welfare, or the health, safety or welfare of another person.

Ê In determining whether a condition is reasonable, the court shall consider the factors listed in NRS 178.4853.

 


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ê2009 Statutes of Nevada, Page 97 (Chapter 42, AB 164)ê

 

      12.  If a person fails to comply with a condition imposed pursuant to subsection 11, the court may, after providing the person with reasonable notice and an opportunity for a hearing:

      (a) Deem such conduct a contempt pursuant to NRS 22.010; or

      (b) Increase the amount of bail pursuant to NRS 178.499.

      13.  An order issued pursuant to this section that imposes a condition on a person admitted to bail must include a provision ordering any law enforcement officer to arrest the person if he has probable cause to believe that the person has violated a condition of his bail.

      14.  Before a person may be admitted to bail, he must sign a document stating that:

      (a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;

      (b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and

      (c) If he fails to appear when so ordered and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.

Ê The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.

      15.  If a person admitted to bail fails to appear as ordered by a court and the jurisdiction incurs any cost in returning the person to the jurisdiction to stand trial, the person who failed to appear is responsible for paying those costs as restitution.

      16.  For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      17.  As used in this section, “strangulation” has the meaning ascribed to it in NRS 200.481.

      Sec. 8.  NRS 432B.640 is hereby amended to read as follows:

      432B.640  1.  Upon receiving a referral from a court pursuant to subsection [6] 7 of NRS 200.485, an agency which provides child welfare services may, as appropriate, conduct an assessment to determine whether a psychological evaluation or counseling is needed by a child.

      2.  If an agency which provides child welfare services conducts an assessment pursuant to subsection 1 and determines that a psychological evaluation or counseling would benefit the child, the agency may, with the approval of the parent or legal guardian of the child:

      (a) Conduct the evaluation or counseling; or

      (b) Refer the child to a person that has entered into an agreement with the agency to provide those services.

      Sec. 9.  1.  This section and sections 1 to 4, inclusive, 6, 7 and 8 of this act become effective upon passage and approval.

      2.  Section 4 of this act expires by limitation on June 30, 2009.

      3.  Section 5 of this act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 98ê

 

CHAPTER 43, AB 180

Assembly Bill No. 180–Assemblymen Goicoechea, Carpenter; and Grady

 

Joint Sponsors: Senators Amodei, McGinness and Rhoads

 

CHAPTER 43

 

AN ACT relating to state emblems; designating Engine No. 40 of the Nevada Northern Railway as an official state locomotive; and providing other matters properly relating thereto.

 

[Approved: May 6, 2009]

 

Legislative Counsel’s Digest:

      Existing law designates various emblems of the State of Nevada, including a state tartan, a state artifact and a state fossil. This bill designates Engine No. 40 of the Nevada Northern Railway as an official state locomotive of the State of Nevada.

 

 

      Whereas, The Nevada Northern Railway East Ely yard complex in Ely, Nevada is designated a National Historic Landmark by the United States Secretary of the Interior; and

      Whereas, Engine No. 40, a ten-wheeler built by Baldwin Locomotive Works in July of 1910, which operated daily between Ely and Cobre until the last regularly scheduled passenger run in July of 1941, is one of the most historically significant steam locomotives still in existence; and

      Whereas, The Nevada Northern Railway and Engine No. 40 were integral in the development of the State of Nevada and are part of the history of the State of Nevada; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

      The steam locomotive of the Nevada Northern Railway known as Engine No. 40, built in 1910, is hereby designated as an official state locomotive of the State of Nevada.

      Sec. 2.  This act becomes effective on July 1, 2009.

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Link to Page 99