[Rev. 2/6/2019 4:07:22 PM]
κ2003 Statutes of Nevada, Page 393κ
Assembly Bill No. 322Assemblymen Perkins, Ohrenschall, Goldwater, Gibbons, Koivisto, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Parks, Pierce, Sherer, Weber and Williams
CHAPTER 41
AN ACT relating to public services for children; creating the Statewide Alert System for the Safe Return of Abducted Children; creating the Committee for the Statewide Alert System; prescribing the membership and duties of the Committee; prescribing the circumstances under which a law enforcement agency may activate the System; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, 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. Broadcaster means a radio broadcasting station, cable operator or television broadcasting station primarily engaged in, and deriving income from, the business of facilitating speech via over-the-air communications, both as to pure speech and commercial speech.
Sec. 4. Committee means the Committee for the Statewide Alert System created by section 7 of this act.
Sec. 5. System means the Statewide Alert System for the Safe Return of Abducted Children created by section 6 of this act.
Sec. 6. 1. There is hereby created the Statewide Alert System for the Safe Return of Abducted Children, which is composed of a voluntary partnership among state law enforcement agencies, local law enforcement agencies and broadcasters to assist in the search for and safe return of abducted children. The Childrens Advocate appointed pursuant to NRS 432.157 shall administer the System.
2. The agencies and broadcasters that choose to participate in the System must agree to comply with the provisions of sections 2 to 10, inclusive, of this act and any requirements prescribed by the Committee for participation in the System.
3. Each law enforcement agency that chooses to participate in the System shall:
(a) Adopt a written policy concerning activation of the System by the agency consistent with the provisions of sections 2 to 10, inclusive, of this act; and
(b) Submit a copy of the written policy to the Childrens Advocate appointed pursuant to NRS 432.157.
κ2003 Statutes of Nevada, Page 394 (CHAPTER 41, AB 322)κ
Sec. 7. 1. There is hereby created the Committee for the Statewide Alert System consisting of 12 members as follows:
(a) Five members appointed by the Governor who represent local law enforcement agencies;
(b) Five members appointed by the Governor who represent state law enforcement agencies;
(c) One representative of this states Emergency Alert System, appointed by the Nevada Broadcasters Association or its successor; and
(d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association.
2. The Governor shall select a Chairman and Vice Chairman of the Committee.
3. After the initial terms, each member of the Committee serves a term of 3 years, commencing on July 1 of each odd-numbered year. A vacancy on the Committee must be filled in the same manner as the original appointment.
4. Members of the Committee serve without salary or compensation for their travel or per diem expenses.
Sec. 8. 1. The Committee shall, in consultation with the Attorney General:
(a) Oversee the System;
(b) Set forth the components of the System;
(c) Supervise and evaluate any training associated with the System;
(d) Monitor, review and evaluate the activations of the System to determine whether such activations complied with sections 2 to 10, inclusive, of this act; and
(e) Conduct periodic tests of the System.
2. The Committee may:
(a) Dedicate the System to one or more persons;
(b) Establish a name for the System that is in addition to the definition set forth in section 5 of this act; and
(c) Accept gifts, grants and donations for use in carrying out the provisions of sections 2 to 10, inclusive, of this act.
Sec. 9. 1. A law enforcement agency which has jurisdiction over the investigation of an abducted child who is less than 18 years of age may activate the System to broadcast an emergency bulletin on behalf of the child if:
(a) The law enforcement agency confirmed that the child has been abducted;
(b) The child is in danger of serious physical harm or death; and
(c) The law enforcement agency has sufficient descriptive information about the child or the person who is suspected of abducting the child, or other pertinent information, to warrant immediate broadcast of the information.
2. Before activation of the System on behalf of a child, the law enforcement agency shall determine whether the broadcast of information will encompass:
(a) A particular county, region or state; or
(b) More than one state.
3. A law enforcement agency is not required to obtain the prior consent of the Committee before activating the System, but the Committee may review an activation of the System after the activation is complete.
κ2003 Statutes of Nevada, Page 395 (CHAPTER 41, AB 322)κ
Sec. 10. 1. If a broadcaster that participates in the System receives a notification of activation of the System by a law enforcement agency concerning an abducted child and as a result of that notification broadcasts descriptive information concerning the abducted child and other information contained in the notification to assist with the safe return of the child, the broadcaster is immune from civil liability based upon the broadcast of that information.
2. If a person enters into an agreement with the Committee to establish or maintain a website for the System and the agreement provides that only the law enforcement agency activating the System has the authority or ability to place information on the website, the person is immune from civil liability based upon the information that is placed on the website by the law enforcement agency.
Sec. 11. NRS 432.200 is hereby amended to read as follows:
432.200 1. A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including, but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as runaway, abducted by his parent, abducted by a stranger or cause of disappearance unknown, and shall:
(a) Transmit all available information about the child to the Clearinghouse and to the Central Repository for Nevada Records of Criminal History within 36 hours after the report is received;
(b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;
(c) Fully comply with the requirements of the National Child Search Assistance Act of 1990, Title XXXVII of Public Law 101-647, 104 Stat. 4966; and
(d) Enter into the National Crime Information Centers Missing Person File and the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted [such] the unlawful abduction or detention.
2. A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the childs disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Centers Wanted Person File of identifying and descriptive information concerning:
(a) The suspect; and
(b) As miscellaneous information, the missing child.
The agency shall cross-reference information entered pursuant to this section with the National Crime Information Centers Missing Person File and with the Repository for Information Concerning Missing Persons within the Central Repository for Nevada Records of Criminal History.
3. If a missing child is less than 16 years of age or has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the Division or the Central Repository for Nevada Records of Criminal History may:
κ2003 Statutes of Nevada, Page 396 (CHAPTER 41, AB 322)κ
(a) Send to the childs parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and
(b) Ask the childs parent or guardian to provide such identifying information regarding the child.
If a law enforcement agency receives the identifying information, it shall transmit all information so released to it to the Division and to the Central Repository. The Division and the Central Repository shall, upon [its] receipt of the identifying information about the missing child, compare the information with the information that is on file concerning unidentified deceased children. This subsection does not preclude the voluntary release of identifying information about the missing child by his parent or guardian at any time.
4. The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center, the Central Repository for Nevada Records of Criminal History and the Clearinghouse.
5. Nothing in this section requires a law enforcement agency to activate the Statewide Alert System for the Safe Return of Abducted Children created by section 6 of this act.
6. As used in this section, Division means the Investigation Division of the Department of Public Safety.
Sec. 12. 1. On or before July 1, 2003, the Governor shall:
(a) Appoint five members to the Committee for the Statewide Alert System pursuant to section 7 of this act to terms commencing on July 1, 2003, and expiring on June 30, 2005.
(b) Appoint five members to the Committee for the Statewide Alert System pursuant to section 7 of this act to terms commencing on July 1, 2003, and expiring on June 30, 2006.
2. On or before July 1, 2003, the Nevada Broadcasters Association shall appoint two members to the Committee for the Statewide Alert System pursuant to section 7 of this act to terms commencing on July 1, 2003, and expiring on June 30, 2006.
Sec. 13. 1. This section and sections 7 and 12 of this act become effective upon passage and approval.
2. Sections 1 to 6, inclusive, and 8 to 11, inclusive, of this act become effective on July 1, 2003.
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κ2003 Statutes of Nevada, Page 397κ
Assembly Bill No. 74Committee on Natural Resources, Agriculture, and Mining
CHAPTER 42
AN ACT relating to brownfield sites; creating a revolving fund to finance the remediation of brownfield sites; requiring the Division of Environmental Protection of the State Department of Conservation and Natural Resources to administer the fund; providing for the uses of money in the fund; authorizing the Administrator of the Division to impose a fee; authorizing the State Environmental Commission to adopt regulations; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the Administrator of the Division.
Sec. 4. Brownfield project means a project for the remediation of a brownfield site for future or alternative use.
Sec. 5. Brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
Sec. 6. Brownfields Restoration Act means the Small Business Liability Relief and Brownfields Revitalization Act, Public Law 107-118.
Sec. 7. Commission means the State Environmental Commission.
Sec. 8. Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 9. Federal grant means money authorized by 42 U.S.C. § 9604(k) to create a revolving fund to finance the costs of brownfield projects.
Sec. 10. Fund means the Fund for Brownfield Projects created pursuant to section 11 of this act.
Sec. 11. 1. The Fund for Brownfield Projects is hereby created in the State Treasury as a revolving fund, to be administered by the Division.
2. Money in the Fund may be used only to carry out brownfield projects authorized pursuant to the Brownfields Restoration Act. Interest and income earned on the money in the Fund must be credited to the Fund. Money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund, and the balance in the Fund for Brownfield Projects must be carried forward.
3. All payments reimbursing the cost of cleanups for brownfield projects, including interest, must be deposited in the State Treasury for credit to the Fund.
4. Claims against the Fund must be paid as other claims against the State are paid.
κ2003 Statutes of Nevada, Page 398 (CHAPTER 42, AB 74)κ
5. The Division may accept gifts, appropriations, contributions, grants and bequests of money from any public or private sources. Money so accepted must be deposited in the State Treasury for credit to the Fund and may be used to match the federal grant.
Sec. 12. Except as otherwise provided in section 13 of this act, money in the Fund, including reimbursements, repayment of principal and interest on loans and other financial assistance, and interest earned on money in the Fund, may be used only to finance the cleanup of brownfield sites or provide other assistance to brownfield projects.
Sec. 13. With regard to the money from the federal grant in the Fund, the Administrator shall not spend more than the federally approved amounts for the administration and fiscal or financial oversight of the Fund.
Sec. 14. The Division shall:
1. Use the money in the Fund for the purposes set forth in the Brownfields Restoration Act.
2. Determine whether brownfield projects which receive money or other assistance from the Fund comply with the Brownfields Restoration Act.
Sec. 15. The Division may:
1. Prepare and enter into any agreements with the Federal Government for the acceptance of grants of money for the Fund.
2. Bind itself to terms of such an agreement.
3. Accept grants made pursuant to the Brownfields Restoration Act.
4. Manage the Fund in accordance with requirements and objectives of the Brownfields Restoration Act.
5. Provide services relating to the management and administration of the Fund, including the preparation of any agreement, plan or report.
Sec. 16. The Administrator may impose and collect a fee, in an amount established by the Commission by regulation, from each recipient that receives financial assistance from the Fund. The fee must be used to defray the costs of administering the Fund.
Sec. 17. The Administrator may employ any legal, fiscal, engineering and other expert services necessary to carry out his duties pursuant to sections 2 to 18, inclusive, of this act.
Sec. 18. The Commission may adopt such regulations as are necessary to carry out the provisions of sections 2 to 18, inclusive, of this act.
Sec. 19. This act becomes effective upon passage and approval.
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κ2003 Statutes of Nevada, Page 399κ
Assembly Bill No. 75Committee on Natural Resources, Agriculture, and Mining
CHAPTER 43
AN ACT relating to agriculture; revising the provisions governing the certification of organic agricultural products; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 587 of NRS is hereby amended by adding thereto a new section to read as follows:
Agricultural product has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.
Sec. 2. NRS 587.700 is hereby amended to read as follows:
587.700 As used in NRS 587.700 to [587.850,] 587.830, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS [587.720 to 587.790, inclusive,] 587.740, 587.750 and 587.780 and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 587.750 is hereby amended to read as follows:
587.750 Handler [means a person who processes, packages, stores, transports or sells animal or vegetable products. The term does not include a final retailer who does not process animal or vegetable products.] has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.
Sec. 4. NRS 587.780 is hereby amended to read as follows:
587.780 Producer [means a person who engages in the business of growing or producing an animal or vegetable product.] has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.
Sec. 5. NRS 587.800 is hereby amended to read as follows:
587.800 1. The Director [shall] may establish a program for the certification of producers and handlers of organic agricultural products. [The program must include all vegetable products and may include animal products.
2. The]
2. If such a program is established, the Governor and the Director shall submit the program to the Secretary of Agriculture for approval [.] pursuant to the Federal Act.
Sec. 6. NRS 587.810 is hereby amended to read as follows:
587.810 1. An Advisory Council for Organic Agricultural Products is hereby created in the Department. The Advisory Council consists of:
(a) Four members who are producers or handlers of organic agricultural products;
(b) One member who is a purchaser, consumer, or wholesale or retail seller of organic agricultural products; and
(c) One member who represents an agricultural interest other than organic agricultural products.
κ2003 Statutes of Nevada, Page 400 (CHAPTER 43, AB 75)κ
2. The Director shall nominate members for the Advisory Council, and the State Board of Agriculture shall appoint the members.
3. The Advisory Council [shall advise] may:
(a) Advise the Director and the State Board of Agriculture concerning the [administration of] provision of information and educational services to the public and to producers and handlers of organic agricultural products concerning the program for the certification of producers and handlers of organic agricultural products [.] established by the Director pursuant to NRS 587.800, if such a program is established; and
(b) Provide information and educational services to the public and to producers and handlers of organic agricultural products.
Sec. 7. NRS 587.820 is hereby amended to read as follows:
587.820 1. The State Board of Agriculture shall appoint three of the first members of the Advisory Council for Organic Agricultural Products for terms of 2 years and three for terms of 3 years. After the expiration of the initial term, the term of office of each member is 3 years. A vacancy must be filled, for the unexpired term, by appointment of a member whose qualifications are the same as those of the member replaced. The Advisory Council shall elect a Chairman and Vice Chairman from among its members. The Director shall provide appropriate secretarial support and a place for the meetings of the Advisory Council.
2. The Advisory Council shall meet at least [quarterly,] annually, upon the call of the Director or the Chairman. A majority of the members appointed to the Advisory Council constitutes a quorum.
3. For each day or portion of a day necessarily spent on the business of the Advisory Council, each member is entitled to receive:
(a) Compensation, to be fixed by regulation of the State Board of Agriculture, which must not exceed $80 per day; and
(b) The per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 8. NRS 587.830 is hereby amended to read as follows:
587.830 [The] If the Director establishes a program for the certification of producers and handlers of organic agricultural products pursuant to NRS 587.800, the State Board of Agriculture shall adopt appropriate regulations [for] :
1. For the administration of the program [for the certification of organic agricultural products, including:
1.] , including, without limitation:
(a) Standards for the analysis [, inspection and certification] and inspection of organic agricultural products;
[2.] (b) Records required of producers and handlers of organic agricultural products;
[3.] (c) Standards for the certification of producers and handlers of organic agricultural products;
[4. Lists of approved and prohibited substances for use in the production and handling of organic agricultural products;
5.] (d) Requirements for the use of a seal of approval for organic agricultural products produced in this state ; and [standards for labeling those products; and
6.] (e) A schedule of fees for initial certification and [inspection] for continued certification as a producer or handler of organic agricultural products.
κ2003 Statutes of Nevada, Page 401 (CHAPTER 43, AB 75)κ
2. As necessary for the enforcement of the program, including, without limitation:
(a) Standards for the registration of producers and handlers of organic agricultural products; and
(b) A schedule of fees for initial registration and for continued registration of producers and handlers of organic agricultural products.
Sec. 9. NRS 587.720, 587.730, 587.760, 587.770, 587.790, 587.840 and 587.850 are hereby repealed.
Sec. 10. This act becomes effective on July 1, 2003.
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Assembly Bill No. 77Assemblymen Angle, Gustavson, Andonov, Beers, Brown, Claborn, Collins, Geddes, Gibbons, Goicoechea, Grady, Griffin, Hardy, Hettrick, Knecht, Mabey, McCleary, Mortenson, Ohrenschall, Sherer and Weber (by request)
Joint Sponsor: Senator Shaffer
CHAPTER 44
AN ACT relating to motorcycles; authorizing certain inserts in tail lamps; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.551 is hereby amended to read as follows:
484.551 1. Except as otherwise provided in this chapter [,] and NRS 486.261, every motor vehicle, trailer, semitrailer and any vehicle which is being drawn at the end of a train of vehicles must be equipped with at least two tail lamps mounted on the rear, which, when lighted as required by this chapter, emit a red light plainly visible from a distance of 500 feet to the rear, except that vehicles manufactured before July 1, 1969, must have at least one tail lamp if they were originally equipped with only one tail lamp.
2. Only the tail lamp on the rearmost vehicle of a train of vehicles need actually be seen from the distance specified.
3. On vehicles equipped with more than one tail lamp, the lamps must be mounted on the same level, as widely spaced laterally as practicable and at a height of not more than 72 inches nor less than 15 inches.
4. Every passenger car, bus and truck under 80 inches in overall width must be equipped with a lamp so constructed and placed as to illuminate with a white light the rear registration or license plate and render it clearly legible from a distance of 50 feet to the rear.
5. All such lamps must be wired to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
6. The provisions of this section do not apply to towable tools or equipment which is being towed during the hours of daylight.
κ2003 Statutes of Nevada, Page 402 (CHAPTER 44, AB 77)κ
Sec. 2. NRS 484.563 is hereby amended to read as follows:
484.563 1. Front clearance lamps, identification lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle [shall] must display or reflect an amber color.
2. Rear clearance lamps, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle [shall] must display or reflect a red color.
3. All lighting devices and reflectors mounted on the rear of any vehicle [shall] must display or reflect a red color, except that:
(a) The stoplight or other signal device may be red, amber or yellow.
(b) The light illuminating the license plate [shall] must be white.
(c) The light emitted by a backup lamp [shall] must be white or amber.
(d) The tail lamp on a motorcycle may contain a blue insert as authorized in NRS 486.261.
Sec. 3. NRS 484.787 is hereby amended to read as follows:
484.787 1. Except as otherwise provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada Highway Patrol.
(d) The Division of Forestry of the State Department of Conservation and Natural Resources in responding to a fire.
(e) A public ambulance agency.
(f) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the State, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484.789, from the Department;
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada Highway Patrol or in the pursuit of actual or suspected violators of the law; and
(c) The State, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the Department. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam head lamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, upper-beam head lamp means a head lamp or that part of a head lamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484.587.
κ2003 Statutes of Nevada, Page 403 (CHAPTER 44, AB 77)κ
5. Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the head lamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the head lamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.
6. A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
7. A person shall not operate a vehicle with any lamp or device displaying a blue light, except a motorcycle pursuant to NRS 486.261 or an authorized emergency vehicle.
Sec. 4. NRS 486.261 is hereby amended to read as follows:
486.261 1. [Every] Except as otherwise provided in subsection 3, every motorcycle or moped must be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by NRS 486.011 to 486.381, inclusive, emits a red light plainly visible from a distance of 500 feet to the rear.
2. The tail lamp must be wired to be lighted whenever the head lamp is lighted.
3. The tail lamp on a motorcycle may contain a blue insert that does not exceed 1 inch in diameter.
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Assembly Bill No. 83Committee on Transportation
CHAPTER 45
AN ACT relating to motor vehicles; prohibiting the use of certain devices for braking in certain circumstances; requiring that regulations adopted by the Department of Transportation concerning combinations of vehicles in excess of 70 feet in length be consistent with certain federal requirements; eliminating the limitation on the maximum fee which may be charged for a permit for a combination of vehicles in excess of 80,000 pounds; repealing certain provisions relating to alternative limitations on the weight of a trailer or semitrailer; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The driver of a vehicle which is equipped with a device for braking that uses the compression of the engine of the vehicle shall not use the device at any time unless:
κ2003 Statutes of Nevada, Page 404 (CHAPTER 45, AB 83)κ
(a) The device is equipped with an operational muffler; or
(b) The driver reasonably believes that an emergency requires the use of the device to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of damage to property.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 2. NRS 484.739 is hereby amended to read as follows:
484.739 1. Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.
2. A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.
3. Except as otherwise provided in subsections 4, 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
4. The Department of Transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length . [, but in no event exceeding 105 feet.] The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and with the provisions of 23 C.F.R. § 658.23. Such standards must include:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles is not permitted on highways where, in the opinion of the Department of Transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.
5. Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the Department of Transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
The distance between axles must be measured to the nearest foot. If a fraction is exactly one-half foot, the next largest whole number must be used. The permits may be restricted in such manner as the Department of Transportation considers necessary and may, at the option of the Department, be cancelled without notice. No such permits may be issued for operation on any highway where that operation would prevent this state from receiving federal money for highway purposes.
6. Upon approving an application for a permit to operate combinations of vehicles pursuant to subsection 5, the Department of Transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.
κ2003 Statutes of Nevada, Page 405 (CHAPTER 45, AB 83)κ
withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.
7. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
8. Lights and other warning devices which are required to be mounted on a vehicle pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
9. This section does not apply to:
(a) Vehicles used by a public utility for the transportation of poles;
(b) A combination of vehicles consisting of a truck-tractor drawing a semitrailer that does not exceed 53 feet in length;
(c) A combination of vehicles consisting of a truck-tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length; or
(d) A combination of vehicles consisting of a truck-tractor drawing no more than three saddle-mounted vehicles and one full-mounted vehicle that does not exceed 75 feet in length.
10. As used in this section:
(a) Full-mounted vehicle means a smaller vehicle mounted completely on the frame of a saddle-mounted vehicle.
(b) Saddle-mounted vehicle means a vehicle forming part of a combination of vehicles used in a driveaway-towaway operation that is connected by a saddle mount to the frame or fifth-wheel coupling of the vehicle in front of it.
Sec. 3. NRS 484.745 is hereby amended to read as follows:
484.745 1. Except as otherwise provided in NRS [484.746,] 484.748 and 484.7485, a vehicle may be operated or moved upon any public highway if:
(a) The maximum weight on any single axle does not exceed 20,000 pounds.
(b) The maximum weight on any tandem axle does not exceed 34,000 pounds.
(c) Except as otherwise provided in subsection 2, the maximum overall gross weight on any group of two or more consecutive axles does not exceed the values set forth in the following formula: W=500 [LN/(N‑1) + 12N + 36] wherein:
(1) W equals the maximum load in pounds carried on any group of two or more consecutive axles;
κ2003 Statutes of Nevada, Page 406 (CHAPTER 45, AB 83)κ
(2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(3) N equals the number of axles in the group under consideration.
2. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of the consecutive sets of axles is 36 feet or more.
Sec. 4. NRS 484.752 is hereby amended to read as follows:
484.752 1. The provisions of NRS 484.745 [and 484.746,] do not apply to any highway which is a part of the Federal-Aid Primary System, Federal-Aid Urban System, Federal-Aid Secondary System or Interstate System if their application would prevent this state from receiving any federal funds for highway purposes under section 127 of Title 23, U.S.C.
2. The Department of Transportation, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits prescribed in NRS 484.745 [or 484.746] is likely to cause substantial stress to any highway, road, street , or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street , or portion or structure thereof.
Sec. 5. NRS 706.531 is hereby amended to read as follows:
706.531 1. The Department of Transportation shall approve an application for a permit pursuant to the provisions of subsection 5 of NRS 484.739. The permit must be carried and displayed in such a manner as the Department determines on every combination so operating. The permit issued may be transferred from one combination to another, under such conditions as the Department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the Department. The permit may be used only on motor vehicles regularly licensed pursuant to the provisions of NRS 482.482.
2. The annual fee for each permit for a combination of vehicles is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. [The maximum fee must not exceed $2,940.] The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The annual fee for each permit for a combination of vehicles not exceeding 80,000 pounds is $10. The fee must be paid in addition to all other fees required by the provisions of this chapter.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2 [,] who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
5. The holder of an original permit may, upon surrendering the permit to the Department or upon delivering to the Department a signed and notarized statement that the permit was lost or stolen and such other documentation as the Department may require, apply to the Department:
κ2003 Statutes of Nevada, Page 407 (CHAPTER 45, AB 83)κ
notarized statement that the permit was lost or stolen and such other documentation as the Department may require, apply to the Department:
(a) For a refund of an amount equal to that portion of the fees paid for the permit that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or
(b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.
Sec. 6. NRS 484.746 is hereby repealed.
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Assembly Bill No. 105Committee on Judiciary
CHAPTER 46
AN ACT relating to parole; providing additional credits against the sentence of a parolee under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
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. In addition to any credits earned pursuant to NRS 209.447, an offender who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life must be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves if:
(a) He is current with any fee to defray the costs of his supervision pursuant to NRS 213.1076; and
(b) He is current with any payment of restitution required pursuant to NRS 213.126.
2. In addition to any credits earned pursuant to subsection 1 and NRS 209.447, the Director may allow not more than 10 days of credit each month for an offender:
(a) Who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life; and
(b) Whose diligence in labor or study merits such credits.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.447, 209.448 and 209.449, be deducted from the maximum term imposed by the sentence.
5. The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.
κ2003 Statutes of Nevada, Page 408 (CHAPTER 46, AB 105)κ
Sec. 2. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.432 to 209.451, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Offender includes:
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of the division of parole and probation of the department of public safety pursuant to NRS 209.4886.
2. Residential confinement means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 3. NRS 209.447 is hereby amended to read as follows:
209.447 1. An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned.
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 and 209.449 [,] and section 1 of this act, be deducted from the maximum term imposed by the sentence.
5. The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 4. NRS 213.1518 is hereby amended to read as follows:
213.1518 1. If a parolee violates a condition of his parole, he forfeits all or part of the credits earned by him pursuant to NRS 209.447 and section 1 of this act after his release on parole, in the discretion of the Board.
2. A forfeiture may be made only by the Board after proof of the violation and notice to the parolee.
3. The Board may restore credits forfeited for such reasons as it considers proper.
κ2003 Statutes of Nevada, Page 409 (CHAPTER 46, AB 105)κ
4. The Chief Parole and Probation Officer shall report to the Director of the Department of Corrections any forfeiture or restoration of credits pursuant to this section.
Sec. 5. This act becomes effective on January 1, 2004.
________
Assembly Bill No. 133Committee on Judiciary
CHAPTER 47
AN ACT relating to district courts; revising the provision governing the duties that may be performed by masters for criminal proceedings in district courts; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 3.245 is hereby amended to read as follows:
3.245 [The] In any county in which the appointment of masters for criminal proceedings by a district court is authorized by the board of county commissioners, the local rules of practice adopted in a judicial district within the county may authorize the chief judge of a district court [may] to appoint one or more masters for criminal proceedings to [inform defendants of their rights, assign counsel for indigent defendants and perform other similar] perform certain subordinate or administrative duties that the Nevada Supreme Court has approved to be assigned [by the court in any county where the appointment is authorized by the board of county commissioners. The duty of setting bail shall not be assigned to a master.] to such a master.
Sec. 2. This act becomes effective on July 1, 2003.
________
κ2003 Statutes of Nevada, Page 410κ
Assembly Bill No. 193Committee on Natural Resources, Agriculture, and Mining
CHAPTER 48
AN ACT relating to agriculture; revising the provisions governing commercial fertilizers and agricultural minerals; requiring the Director of the State Department of Agriculture to adopt regulations concerning the application, distribution and classification for restricted use of certain commercial fertilizers and agricultural minerals; prohibiting a person who is not registered with the Director from selling or offering to sell at retail, or distributing or delivering for transportation for delivery to the consumer or user, a commercial fertilizer or agricultural mineral that is classified for restricted use; requiring the State Board of Agriculture to adopt regulations establishing fees for such registration; providing a penalty; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 588 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Restricted-use commercial fertilizer or agricultural mineral means a commercial fertilizer or agricultural mineral classified for restricted use pursuant to section 6 of this act.
Sec. 3. The Director has jurisdiction in all matters pertaining to the distribution, sale and transportation of commercial fertilizers and agricultural minerals pursuant to this chapter.
Sec. 4. The Director shall:
1. Eliminate from use in this state any commercial fertilizer or agricultural mineral that he finds:
(a) Endangers the agricultural or nonagricultural environment;
(b) Is not beneficial for the purposes for which it is sold; or
(c) Is misrepresented.
2. In carrying out his duties pursuant to subsection 1, develop a program for the continual evaluation of all commercial fertilizers and agricultural minerals the brands and grades of which have been registered pursuant to NRS 588.170.
Sec. 5. 1. The Director may, after a hearing, cancel the registration of, or refuse to register, the brand and grade of any commercial fertilizer or agricultural mineral if he finds that:
(a) The commercial fertilizer or agricultural mineral has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment;
(b) The use of the commercial fertilizer or agricultural mineral is of less value to the public or greater detriment to the environment than the benefit received by its use;
(c) There is a reasonably effective and practicable alternate material which is demonstrably less destructive to the environment;
κ2003 Statutes of Nevada, Page 411 (CHAPTER 48, AB 193)κ
(d) The commercial fertilizer or agricultural mineral, if properly used, is detrimental to:
(1) Vegetation, except weeds;
(2) Domestic animals; or
(3) Public health and safety;
(e) The commercial fertilizer or agricultural mineral is of little or no value for the purpose for which it is intended; or
(f) Any false or misleading statement concerning the commercial fertilizer or agricultural mineral has been made or implied by the registrant or his agent, or by the applicant for registration, orally or in writing, or in the form of any advertising.
2. In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.
3. If the Director has reason to believe that any of the findings described in subsection 1 are applicable to any commercial fertilizer or agricultural mineral the brand and grade of which is registered and that the use or continued use of the commercial fertilizer or agricultural mineral constitutes an immediate substantial danger to any person or the environment, the Director may, after notice to the registrant, suspend the registration of the brand and grade of the commercial fertilizer or agricultural mineral pending a hearing and final decision.
Sec. 6. 1. The Director shall adopt regulations governing the application and distribution of any commercial fertilizer or agricultural mineral which he finds must necessarily be applied as a commercial fertilizer or agricultural mineral but which, unless carefully used, is likely to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops or land; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety.
2. The Director in classifying commercial fertilizers and agricultural minerals as restricted-use commercial fertilizers or agricultural minerals shall determine whether:
(a) The commercial fertilizer or agricultural mineral is highly toxic to humans or other animals, including wildlife;
(b) The regulations governing the application and distribution of the commercial fertilizer or agricultural mineral are reasonably calculated to avoid injury and are necessary for the proper use of the commercial fertilizer or agricultural mineral;
(c) The benefit from the use of the commercial fertilizer or agricultural mineral is of greater value to the public than the detriment to the environment or the public health and safety from the use of the commercial fertilizer or agricultural mineral; and
(d) The commercial fertilizer or agricultural mineral can be used for harmful purposes other than its registered purposes.
3. The Director may adopt such other regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations governing:
(a) The collection and examination of commercial fertilizers and agricultural minerals;
κ2003 Statutes of Nevada, Page 412 (CHAPTER 48, AB 193)κ
(b) The types of containers and packages required to be used for specific commercial fertilizers or agricultural minerals, including, without limitation, requirements concerning the construction, strength and size of the containers and packages to avoid the danger of spillage, breakage or misuse;
(c) The safe handling, transportation, storage, display, distribution and disposal of commercial fertilizers and agricultural minerals and their containers; and
(d) The information required to be recorded and maintained concerning the sale, use and distribution of restricted-use commercial fertilizers and agricultural minerals.
Sec. 7. 1. It is unlawful for any person to sell or offer to sell at retail, or to distribute or deliver for transportation for delivery to the consumer or user, a restricted-use commercial fertilizer or agricultural mineral unless the person is registered with the Director.
2. Each person applying for registration must provide the Director with a registration statement that includes:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use commercial fertilizer or agricultural mineral.
3. All such registrations expire on December 31 of each year and are renewable annually.
4. Each person registering with the Director must pay:
(a) An annual registration fee established by regulation of the State Board of Agriculture; and
(b) A penalty fee established by regulation of the State Board of Agriculture if the person failed to renew his previous registration on or before February 1 next following its expiration, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use commercial fertilizer or agricultural mineral during the period the registration was not in effect.
5. Each person registered pursuant to this section shall maintain for at least 2 years a record of all sales of restricted-use commercial fertilizers or agricultural minerals showing:
(a) The date of sale or delivery of the restricted-use commercial fertilizer or agricultural mineral;
(b) The name and address of the person to whom the restricted-use commercial fertilizer or agricultural mineral was sold or delivered;
(c) The brand name of the restricted-use commercial fertilizer or agricultural mineral sold or delivered;
(d) The amount of the restricted-use commercial fertilizer or agricultural mineral sold or delivered; and
(e) Such other information as may be required by the Director.
6. Each person registered pursuant to this section shall, on or before the date specified for each reporting period established pursuant to subsection 7, file a report with the Director specifying the restricted-use commercial fertilizers or agricultural minerals that the person sold during the reporting period. The Director shall provide the form for the report. The report must be filed regardless of whether the person sold any commercial fertilizers or agricultural minerals during the reporting period.
κ2003 Statutes of Nevada, Page 413 (CHAPTER 48, AB 193)κ
7. The Director shall adopt regulations establishing reporting periods and dates for filing reports pursuant to subsection 6.
Sec. 8. The Director may refuse to grant or renew a registration pursuant to section 7 of this act or may suspend or revoke the registration if, after notice and a hearing, he finds that:
1. The person registered has, without reasonable cause, failed to record information as required by section 7 of this act or a regulation adopted by the Director;
2. The person registered has made a false entry in a required record; or
3. The applicant for registration has made a sale or delivery of a restricted-use commercial fertilizer or agricultural mineral without registering with the Director.
Sec. 9. NRS 588.010 is hereby amended to read as follows:
588.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 588.020 to 588.150, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 10. NRS 588.170 is hereby amended to read as follows:
588.170 1. Each brand and grade of commercial fertilizer or agricultural mineral must be registered with the Department before being offered for sale, sold or distributed in this state.
2. An application for registration must be submitted [in duplicate] to the Director on a form furnished by him, and , except as otherwise provided in subsection 3, must be accompanied by a registration fee in an amount to be fixed annually by the Director for each combined registration of brand and grade.
3. [The applicant must deposit with the Department an airtight container containing not less than 2 pounds of the fertilizer or agricultural mineral, together with an affidavit stating that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.] A person who offers a commercial fertilizer or agricultural mineral for sale before registering the brand and grade of the commercial fertilizer or agricultural mineral shall pay an amount equal to twice the otherwise applicable registration fee for registering the brand and grade of the commercial fertilizer or agricultural mineral.
4. Upon approval by the Director, a copy of the registration must be furnished to the applicant.
5. All registrations expire on June 30 of each year.
Sec. 11. NRS 561.305 is hereby amended to read as follows:
561.305 The Department shall establish and maintain a laboratory for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
κ2003 Statutes of Nevada, Page 414 (CHAPTER 48, AB 193)κ
5. The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.
6. The safekeeping and maintenance of official standards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS . [588.010 to 588.350, inclusive.]
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the Director and which can be made with equipment available in any such laboratory. Any resident of this state may submit samples to the Department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the Director.
Sec. 12. NRS 561.385 is hereby amended to read as follows:
561.385 1. The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.
2. The following fees must be deposited in the Agriculture Registration and Enforcement Account:
(a) Fees collected pursuant to the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected pursuant to the provisions of chapter 588 of NRS . [588.010 to 588.350, inclusive.]
(c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of chapter 588 of NRS . [588.010 to 588.350, inclusive.]
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the Agriculture Registration and Enforcement Account may be made only to carry out the provisions of this chapter, chapters 586, 588 and 590 of NRS and NRS 555.2605 to 555.460, inclusive.
Sec. 13. 1. This section and section 6 of this act become effective upon passage and approval.
κ2003 Statutes of Nevada, Page 415 (CHAPTER 48, AB 193)κ
2. Sections 2 and 7 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2004, for all other purposes.
3. Sections 1, 3, 4 and 5, and 8 to 12, inclusive, of this act become effective on January 1, 2004.
________
Assembly Bill No. 253Committee on Ways and Means
CHAPTER 49
AN ACT making a supplemental appropriation to the State Distributive School Account in the State General Fund for an unanticipated shortfall in Fiscal Year 2002-2003; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
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 in the State General Fund the sum of $71,750,340 for an unanticipated shortfall in money in Fiscal Year 2002-2003. This appropriation is supplemental to that made by section 4 of chapter 565, Statutes of Nevada 2001, at page 2832.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 520Committee on Transportation
CHAPTER 50
AN ACT relating to motor vehicles; transferring the Program for the Education of Motorcycle Riders from the Department of Motor Vehicles to the Department of Public Safety; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 480.110 is hereby amended to read as follows:
480.110 Except as otherwise provided therein, the Department shall execute, administer and enforce, and perform the functions and duties provided in:
1. Chapters 176A and 213 of NRS relating to parole and probation;
2. Chapter 414 of NRS relating to emergency management;
3. Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
κ2003 Statutes of Nevada, Page 416 (CHAPTER 50, AB 520)κ
4. Chapter 459 of NRS relating to the transportation of hazardous materials; [and]
5. Chapter 477 of NRS relating to the State Fire Marshal [.] ; and
6. NRS 486.370 to 486.377, inclusive, and sections 5, 6 and 7 of this act relating to the education and safety of motorcycle riders.
Sec. 2. NRS 481.015 is hereby amended to read as follows:
481.015 Except as otherwise provided in chapters 480 and 486A of NRS [,] and NRS 486.370 to 486.377, inclusive, and sections 5, 6 and 7 of this act, as used in this title, unless the context otherwise requires:
1. Department means the Department of Motor Vehicles.
2. Director means the Director of the Department of Motor Vehicles.
Sec. 3. NRS 481.023 is hereby amended to read as follows:
481.023 1. Except as otherwise provided [therein,] in this section and in the provisions of law described in this section, the Department shall execute, administer and enforce, and perform the functions and duties provided in:
(a) Chapter 108 of NRS, and perform such duties and exercise such powers relating to liens on vehicles as may be conferred upon it pursuant to chapter 108 of NRS or the provisions of any other law.
(b) Chapters 360A, 365, 366, 371 and 373 of NRS, relating to the imposition and collection of taxes on motor fuels.
(c) Chapters 481, 482 to 486, inclusive, and 487 of NRS, relating to motor vehicles. The Department shall not execute, administer or enforce, or perform the functions or duties provided in NRS 486.370 to 486.377, inclusive, and sections 5, 6 and 7 of this act relating to the education and safety of motorcycle riders.
(d) Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by those carriers.
(e) The provisions of NRS 426.401 to 426.461, inclusive.
2. The Department shall perform such other duties and exercise such other powers as may be conferred upon the Department.
Sec. 4. Chapter 486 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.
Sec. 5. As used in NRS 486.370 to 486.377, inclusive, and sections 5, 6 and 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 486.370 and sections 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec. 6. Department means the Department of Public Safety.
Sec. 7. Director means the Director of the Department of Public Safety.
Sec. 8. NRS 486.370 is hereby amended to read as follows:
486.370 [As used in NRS 486.372 to 486.377, inclusive, motorcycle] Motorcycle does not include a trimobile.
Sec. 9. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 417κ
Senate Bill No. 28Senator Mathews
CHAPTER 51
AN ACT relating to programs for public employees; providing that certain money set aside for group insurance for officers and employees of school districts must not be used for other purposes; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the governing body of a school district:
(a) Provides group life, accident or health coverage through a self-insurance reserve fund as described in paragraph (c) of subsection 1 of NRS 287.010; or
(b) Establishes or carries into effect any other system of self-funded life, accident or health coverage,
any money that is paid toward such coverage by officers and employees of the school district in the form of contributions, deductions and premiums, and any money that is set aside by the school district for the matching of contributions, or for the defraying of costs pursuant to paragraph (d) of subsection 1 of NRS 287.010, must be deposited in a trust fund or otherwise held in trust for the benefit of the officers and employees of the school district.
2. Money that is deposited in a trust fund or otherwise held in trust pursuant to subsection 1:
(a) Must be used only for the purpose of funding, maintaining, operating and administering the program or system of group insurance;
(b) Must not be loaned to the school district or the board of trustees of the school district or its agent or any other governmental entity; and
(c) May be invested in any reasonable and prudent manner, except that such money must not be invested to purchase any obligations of the school district or the board of trustees of the school district or its agent. All interest and income earned on the money in the fund must be deposited in the fund.
Sec. 2. NRS 287.040 is hereby amended to read as follows:
287.040 The provisions of NRS 287.010 to 287.040, inclusive, and section 1 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada to, except as otherwise provided in NRS 287.021, make any contributions for the payment of any premiums or other costs for group insurance or medical or hospital services, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state to accept or join any plan of group insurance or to assign his wages or salary or to authorize deductions from his wages or salary in payment of premiums or contributions therefor.
κ2003 Statutes of Nevada, Page 418 (CHAPTER 51, SB 28)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 88Committee on Judiciary
CHAPTER 52
AN ACT relating to civil actions; allowing a district judge to transfer certain civil actions to the justices court under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an action is filed in the district court and a district judge determines that the sum claimed, exclusive of interest, does not exceed $7,500, the district judge may transfer original jurisdiction of the action to the justices court.
2. For the purposes of this section, action includes the following civil cases and proceedings and no others except as otherwise provided by specific statute:
(a) An action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, exceeds $7,500.
(b) An action for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed exceeds $7,500.
(c) Except in actions for a fine imposed for a violation of NRS 484.757, an action for a fine, penalty or forfeiture exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) An action upon bonds or undertakings conditioned for the payment of money, if the sum claimed exceeds $7,500.
(e) An action to recover the possession of personal property, if the value of the property exceeds $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, exceeds $7,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed exceed $7,500.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed exceed $7,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for exceeds $7,500.
κ2003 Statutes of Nevada, Page 419 (CHAPTER 52, SB 88)κ
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, exceeds $7,500.
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
If an action is transferred from the district court to the justices court pursuant to section 1 of this act:
1. The transfer of the action shall not be deemed to constitute the filing of a new action in the justices court, and a party to the action may not be required to pay a new filing fee to the justices court as the result of the transfer of the action; and
2. The transfer of the action must not be construed to affect any period of limitation concerning the filing of the action.
Sec. 3. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $7,500.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $7,500.
(c) Except as otherwise provided in paragraph (l) , in actions for a fine, penalty or forfeiture not exceeding $7,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $7,500, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $7,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $7,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $7,500 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $7,500 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $7,500.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.
κ2003 Statutes of Nevada, Page 420 (CHAPTER 52, SB 88)κ
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $7,500.
(l) In actions for a fine imposed for a violation of NRS 484.757.
(m) Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.
(n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(o) In small claims actions under the provisions of chapter 73 of NRS.
(p) In actions to contest the validity of liens on mobile homes or manufactured homes.
(q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(r) In actions transferred from the district court pursuant to section 1 of this act.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justices court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 4. The amendatory provisions of this act apply to an action that is:
1. Pending on the effective date of this act; or
2. Filed on or after the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2003 Statutes of Nevada, Page 421κ
Senate Bill No. 96Committee on Human Resources and Facilities
CHAPTER 53
AN ACT relating to medical facilities; removing certain mobile units from the requirement of being regulated as a medical facility; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.01515 is hereby amended to read as follows:
449.01515 [Mobile]
1. Except as otherwise provided in subsection 2, mobile unit means a motor vehicle [, other than a vehicle operated under the authority of a permit issued pursuant to chapter 450B of NRS,] that is specially designed, constructed and equipped to provide any of the medical services provided by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151.
2. Mobile unit does not include:
(a) A motor vehicle that is operated by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151 which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association;
(b) A motor vehicle that is operated by a health center that is funded under section 330 of the Public Health Service Act, 42 U.S.C. § 254b, as amended; or
(c) A vehicle operated under the authority of a permit issued pursuant to chapter 450B of NRS.
Sec. 2. NRS 449.230 is hereby amended to read as follows:
449.230 1. Any authorized member or employee of the Health Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive. [For the purposes of this subsection, building or premises does not include a mobile unit that is operated by a medical facility which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association.]
2. The State Fire Marshal or his designee shall, upon receiving a request from the Health Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 7 of NRS 449.037:
(a) Enter and inspect a residential facility for groups; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 7 of NRS 449.037,
to ensure the safety of the residents of the facility in an emergency.
3. The State Health Officer or his designee shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.
κ2003 Statutes of Nevada, Page 422 (CHAPTER 53, SB 96)κ
4. An authorized member or employee of the Health Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Health Division is notified that a residential facility for groups is operating without a license.
Sec. 3. NRS 449.235 is hereby amended to read as follows:
449.235 [1. Except as otherwise provided in subsection 2, every] Every medical facility or facility for the dependent may be inspected at any time, with or without notice, as often as is necessary by:
[(a)] 1. The Health Division to ensure compliance with all applicable regulations and standards; and
[(b)] 2. Any person designated by the Aging Services Division of the Department of Human Resources to investigate complaints made against the facility.
[2. The provisions of subsection 1 do not authorize the Health Division to inspect a mobile unit that is operated by a medical facility which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association, unless the Health Division has reasonable cause to believe that the mobile unit has violated any provision of NRS 449.001 to 449.240, inclusive, or any regulation or standard adopted pursuant thereto.]
Sec. 4. This act becomes effective on July 1, 2003.
________
Senate Bill No. 110Committee on Government Affairs
CHAPTER 54
AN ACT relating to counties; revising provisions relating to the purchase, sale or exchange by a county of certain real property; revising provisions relating to the notice that a board of county commissioners must provide before selling or exchanging certain real property; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.276 is hereby amended to read as follows:
244.276 1. Except as otherwise provided in subsection 2, any county may buy, sell or exchange property in the manner set forth in subsection 3 [, and] without complying with the provisions of NRS 244.281 [,] when deemed necessary or proper to establish, align, realign, change, vacate or otherwise adjust [any of the streets, alleys, avenues or other thoroughfares, or portions] a street, alley, avenue or other thoroughfare, or portion thereof, or a flood control facility within its limits.
2. If the county acquired the property by dedication, the property may not be sold and ownership must revert to the abutting property owners in the proportion that the property was dedicated by them or their predecessors in interest. In the case of realignment, the property may be exchanged for other real property.
κ2003 Statutes of Nevada, Page 423 (CHAPTER 54, SB 110)κ
3. When a petition signed by all property holders owning or controlling property abutting on [any] a proposed or existing street, avenue, alley or other thoroughfare, or a flood control facility which may be affected by an establishment, alignment, realignment, change, vacation or other adjustment [,] is presented to any board of county commissioners, praying to have the proposed or existing street, alley, avenue or other thoroughfare , or the flood control facility established, aligned, realigned, changed, vacated or otherwise adjusted, or upon the resolution of the board of county commissioners, the board of county commissioners may make the establishment, alignment, realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, or flood control facilities, in order to carry out any necessary establishment, alignment, realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.
4. As used in this section, flood control facility means any natural or artificial water facility for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters, and storm and floodwaters, including, without limitation, ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, water lines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water diversion facilities.
Sec. 2. NRS 244.281 is hereby amended to read as follows:
244.281 Except as otherwise provided in NRS 244.276, 244.279, 244.2825 and 244.288:
1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:
(a) Sell the property at public auction, in the manner prescribed for the sale of real property in NRS 244.282.
(b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.
(c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.
κ2003 Statutes of Nevada, Page 424 (CHAPTER 54, SB 110)κ
difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall [publish a notice of its intention to sell or exchange] :
(a) Post copies of the resolution described in subsection 1 in three public places in the county; and
(b) Cause to be published at least once a week for 3 successive weeks , in a newspaper qualified under chapter 238 of NRS [. In] that is published in the county in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold or exchanged in such a manner as to identify it;
(2) The minimum price, if applicable, of the real property proposed to be sold or exchanged; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
3. In addition to the requirements set forth in paragraph (b) of subsection 2, in case of:
(a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.
(b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.
[3.] 4. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and, except for property acquired pursuant to NRS 371.047, shall not sell or exchange it for less than the appraised value.
[4.] 5. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
6. As used in this section, flood control facility has the meaning ascribed to it in NRS 244.276.
Sec. 3. NRS 244.282 is hereby amended to read as follows:
244.282 1. Except as otherwise provided in NRS 244.279, before ordering the sale at auction of any real property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property at auction. The resolution must:
(a) Describe the property proposed to be sold in such a manner as to identify it.
(b) Specify the minimum price and the terms upon which it will be sold.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids will be received and considered.
κ2003 Statutes of Nevada, Page 425 (CHAPTER 54, SB 110)κ
2. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) [Publishing the resolution not less than] Causing to be published at least once a week for [2] 3 successive weeks before the meeting , in a newspaper [of general circulation] qualified under chapter 238 of NRS that is published in the county [, if any such newspaper is published therein.] in which the real property is located, a notice setting forth:
(1) A description of the real property proposed to be sold at auction in such a manner as to identify it;
(2) The minimum price of the real property proposed to be sold at auction; and
(3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.
If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.
3. At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
4. Before accepting any written bid, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
5. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
6. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.
7. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of his contract which are to be performed concurrently therewith.
8. All money received from sales of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
________
κ2003 Statutes of Nevada, Page 426κ
Senate Bill No. 128Committee on Judiciary
CHAPTER 55
AN ACT relating to property; allowing a tenant to recover immediate possession of the premises from a landlord under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block his entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by the rental agreement or this chapter, the tenant may recover immediate possession [,] pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover his actual damages, receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated [,] pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises or the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:
κ2003 Statutes of Nevada, Page 427 (CHAPTER 55, SB 128)κ
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.
________
Senate Bill No. 232Committee on Judiciary
CHAPTER 56
AN ACT relating to the State Board of Parole Commissioners; authorizing the Chairman of the State Board of Parole Commissioners to appoint a person to serve as Secretary to the State Board of Pardons Commissioners; revising the provisions pertaining to the timing of certain hearings concerning violations of parole; revising certain provisions pertaining to the revocation of parole and discharge from parole; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.017 is hereby amended to read as follows:
213.017 1. The [Executive Secretary] Chairman of the State Board of Parole Commissioners shall [be the Secretary of the Board and shall perform such duties in connection therewith as the Board may require without additional compensation.] appoint a person to serve as Secretary of the State Board of Pardons Commissioners.
2. The Secretary must be selected on the basis of his training, experience, capacity and interest in correctional services.
3. The Secretary shall perform such duties as are required by the Board, including, but not limited to:
(a) Preparing the agenda for meetings of the Board;
(b) Providing notification to victims on behalf of the Board and the State Board of Parole Commissioners; and
(c) Establishing and facilitating the procedures by which a person may apply to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his civil rights restored by the Board.
Sec. 2. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the Board, the Chief may, after consideration of the case and pending the next meeting of the Board:
(a) Release the arrested parolee again upon parole;
κ2003 Statutes of Nevada, Page 428 (CHAPTER 56, SB 232)κ
(b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or
(c) Suspend his parole and return him to confinement.
2. The Chief shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if the prisoner was paroled by the Board.
(b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.215. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. [If] Except as otherwise provided in subsection 4, if a determination has been made that probable cause exists for the continued detention of a paroled prisoner, the Board shall consider the prisoners case within 60 days after his return to the custody of the Department of Corrections or his placement in residential confinement pursuant to subsection 1.
4. If probable cause for continued detention of a paroled prisoner is based on conduct which is the subject of a new criminal charge, the Board may consider the prisoners case under the provisions of subsection 3 or defer consideration until not more than 60 days after his return to the custody of the Department of Corrections following the final adjudication of the new criminal charge.
Sec. 3. NRS 213.1519 is hereby amended to read as follows:
213.1519 1. Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the Board for a violation of any rule or regulation governing his conduct:
(a) Forfeits all credits previously earned to reduce his sentence pursuant to chapter 209 of NRS; and
(b) Must serve such part of the unexpired maximum term of his original sentence as may be determined by the Board. The Board may restore any credits forfeited under this subsection.
2. A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for [a violation of any rule or regulation governing his conduct:] having been convicted of a new felony:
(a) Forfeits all credits previously earned to reduce his sentence pursuant to chapter 209 of NRS;
(b) Must serve the entire unexpired maximum term of his original sentence; and
(c) May not again be released on parole during his term of imprisonment.
[3. If a person, after his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.]
________
κ2003 Statutes of Nevada, Page 429κ
Senate Bill No. 286Senator McGinness
CHAPTER 57
AN ACT relating to juveniles; providing for the supervision of certain juvenile sex offenders placed in treatment programs in this state; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
If a child is adjudicated delinquent in another state for an act that, if committed by an adult, would be a sexual offense pursuant to the laws of the other state, the other state may send the child to this state to receive care, treatment or rehabilitation in any residential, group or institutional program only if the program in this state ensures that the other state has requested through the Interstate Compact on Juveniles pursuant to chapter 214 of NRS or the Interstate Compact on the Placement of Children pursuant to NRS 127.320 to 127.350, inclusive, that courtesy supervision be provided for the child during the period that the child is in this state for care, treatment or rehabilitation.
________
Senate Bill No. 300Committee on Judiciary
CHAPTER 58
AN ACT relating to crimes; limiting the fee that may be charged by a provider of Internet service for providing information pursuant to certain subpoenas; revising the provision relating to using technology to lure children; providing that the crime of using technology to lure a child constitutes immoral conduct for the purposes of certain provisions related to educational personnel; providing that certain licensed educational employees forfeit their rights of employment if convicted of such a crime; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.340 is hereby amended to read as follows:
193.340 1. A provider of Internet service who violates the provisions of 18 U.S.C. § 2703 [, as that section existed on June 13, 2001,] is guilty of a misdemeanor and shall be punished by a fine of not less than $50 or more than $500 for each violation.
κ2003 Statutes of Nevada, Page 430 (CHAPTER 58, SB 300)κ
2. In investigating criminal activity that involves or may involve the use of a computer, the Attorney General, a district attorney, the sheriff of any county in this state, the head of any organized police department of any municipality in this state, the head of any department of this state engaged in the enforcement of any criminal law of this state and any sheriff or chief of police of a municipality may, if there is reasonable cause to believe that an individual subscriber or customer of a provider of Internet service has committed an offense through the use of the services of the provider of Internet service , [that is punishable as a felony,] issue a subpoena to carry out the procedure set forth in 18 U.S.C. § 2703 [, as that section existed on June 13, 2001,] to compel the provider of Internet service to provide information concerning the individual subscriber or customer that the provider of Internet service is required to disclose pursuant to 18 U.S.C. § 2703 . [, as that section existed on June 13, 2001.]
3. If a person who has been issued a subpoena pursuant to subsection 2 charges a fee for providing the information, the fee must not exceed the actual cost for providing the information.
4. If a person who has been issued a subpoena pursuant to subsection 2 refuses to produce any information that the subpoena requires, the person who issued the subpoena may apply to the district court for the judicial district in which the investigation is being carried out for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action.
[4.] 5. As used in this section, provider of Internet service has the meaning ascribed to it in NRS 205.4758, but does not include a public library when it is engaged in providing access to the Internet.
Sec. 2. NRS 201.265 is hereby amended to read as follows:
201.265 Except as otherwise provided in NRS 200.720 and 201.2655, and unless a greater penalty is provided pursuant to NRS 201.560, a person is guilty of a misdemeanor if the person knowingly:
1. Distributes or causes to be distributed to a minor material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
2. Exhibits for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is harmful to minors, unless the person is the parent, guardian or spouse of the minor.
3. Sells to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of:
(a) Distributing to the minor material that is harmful to minors; or
(b) Obtaining admission of the minor to any presentation of material that is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining:
(a) Material that is harmful to minors; or
(b) Admission to any presentation of material that is harmful to minors.
6. Sells or rents motion pictures which contain material that is harmful to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the motion pictures and any material that advertises the sale or rental of the motion pictures which:
κ2003 Statutes of Nevada, Page 431 (CHAPTER 58, SB 300)κ
motion pictures and any material that advertises the sale or rental of the motion pictures which:
(a) Prevents minors from observing the motion pictures or any material that advertises the sale or rental of the motion pictures; and
(b) Is labeled, in a prominent and conspicuous location, Adults Only.
Sec. 3. NRS 201.560 is hereby amended to read as follows:
201.560 1. Except as otherwise provided in subsection 2, a person shall not use a computer, system or network to knowingly contact or communicate with or attempt to contact or communicate with a child who is less than 16 years of age and who is at least 5 years younger than the person with the intent to persuade, lure or transport the child away from his home or from any location known to his parent or guardian or other person legally responsible for the child to a place other than where the child is located, for any purpose:
(a) Without the express consent of the parent or guardian or other person legally responsible for the child; and
(b) With the intent to avoid the consent of the parent or guardian or other person legally responsible for the child.
2. The provisions of this section do not apply if the contact or communication is made or attempted with the intent to prevent imminent bodily, emotional or psychological harm to the child.
3. A person who violates or attempts to violate the provisions of this section:
(a) With the intent to engage in sexual conduct with the child or to cause the child to engage in sexual conduct, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000;
(b) By providing the child with [obscene] material that is harmful to minors or requesting the child to provide the person with [obscene material,] material that is harmful to minors, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or
(c) If paragraph (a) or (b) does not apply, is guilty of a gross misdemeanor.
4. As used in this section:
(a) Computer has the meaning ascribed to it in NRS 205.4735.
(b) Harmful to minors has the meaning ascribed to it in NRS 201.257.
(c) Material means anything that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
[(c)] (d) Network has the meaning ascribed to it in NRS 205.4745.
[(d) Obscene has the meaning ascribed to it in NRS 201.235.]
(e) Sexual conduct has the meaning ascribed to it in NRS 201.520.
(f) System has the meaning ascribed to it in NRS 205.476.
Sec. 4. NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.311 to 391.3197, inclusive, unless the context otherwise requires:
1. Administrator means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
κ2003 Statutes of Nevada, Page 432 (CHAPTER 58, SB 300)κ
2. Board means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 , 201.560 or 207.260.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.
6. Probationary employee means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 5. NRS 391.314 is hereby amended to read as follows:
391.314 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employees dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
κ2003 Statutes of Nevada, Page 433 (CHAPTER 58, SB 300)κ
5. A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.200 to 179D.290, inclusive, or 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190 , [or] 201.265 or 201.560 forfeits all rights of employment from the date of his arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employees contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
Sec. 6. This act becomes effective on July 1, 2003.
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Senate Bill No. 334Senator Hardy
CHAPTER 59
AN ACT relating to metropolitan police departments; authorizing a metropolitan police committee on fiscal affairs under certain circumstances to propose to the registered voters of the taxing district the question of whether an additional ad valorem tax shall be levied on all taxable property within the taxing district for the support of the metropolitan police department for the purpose of employing additional police officers; and providing other matters properly relating thereto.
[Approved: May 6, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Taxing district means a district created pursuant to NRS 280.262.
Sec. 3. 1. The committee may, with the consent of the governing body of each participating political subdivision and the debt management commission in the participating county, propose to the registered voters of the taxing district, at a county general election, the question of whether an additional ad valorem tax shall be levied on all taxable property within the taxing district for the support of the department for the purpose of employing additional police officers.
κ2003 Statutes of Nevada, Page 434 (CHAPTER 59, SB 334)κ
additional ad valorem tax shall be levied on all taxable property within the taxing district for the support of the department for the purpose of employing additional police officers.
2. The question submitted to the voters must include information regarding:
(a) The initial ad valorem tax rate and the method for determining the ad valorem tax rate for each fiscal year; and
(b) The rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the committee of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.
3. For the purposes of NRS 350.011 to 350.0165, inclusive, a committee shall be deemed a municipality or a governing body of a municipality.
Sec. 4. If the voters of the taxing district approve the levy of an additional ad valorem tax pursuant to section 3 of this act:
1. The board of county commissioners of the county in which the taxing district is located shall impose the tax annually at the rate approved by the voters;
2. A county officer charged with the duty of collecting ad valorem taxes shall collect the tax in the same form and manner, and with the same interest and penalties, as other ad valorem taxes are collected, and shall pay all revenue generated by the tax, including all interest and penalties, to the department upon collection; and
3. The committee shall authorize the department to use the proceeds only for the purpose of employing additional police officers and the incurrence of related costs.
Sec. 5. NRS 280.020 is hereby amended to read as follows:
280.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 280.030 to 280.095, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 280.262 is hereby amended to read as follows:
280.262 1. In each county in which a metropolitan police department is established, there is hereby created a taxing district consisting of:
(a) The area within the boundaries of each incorporated city which participates in the department; and
(b) The area of the county outside the boundaries of any incorporated city.
2. A taxing district must not be used for any purpose not specifically authorized by the provisions of this chapter.
3. The boundary of the taxing district must not be altered or abolished as a result of the withdrawal of a participating political subdivision from the department or the dissolution of the department in such a manner as to impair any outstanding bonds or other obligations that are payable from or secured by a pledge of a tax imposed in the taxing district until those bonds or other obligations have been discharged in full.
κ2003 Statutes of Nevada, Page 435 (CHAPTER 59, SB 334)κ
Sec. 7. Any tax that may be imposed pursuant to this act is not subject to the limitation provided in NRS 354.59811 and does not affect the amounts distributable to a participating political subdivision from the Local Government Tax Distribution Account pursuant to NRS 360.600 to 360.740, inclusive.
Sec. 8. This act becomes effective upon passage and approval.
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Senate Bill No. 65Committee on Judiciary
CHAPTER 60
AN ACT relating to professional corporations; allowing the formation of certain professional corporations; and providing other matters properly relating thereto.
[Approved: May 12, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 89.050 is hereby amended to read as follows:
89.050 1. Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.
2. A professional corporation may be organized to render a professional service relating to:
(a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:
(1) Engaged in the practice of architecture as provided in chapter 623 of NRS;
(2) Practicing as a registered interior designer as provided in chapter 623 of NRS;
(3) Engaged in the practice of residential design as provided in chapter 623 of NRS;
(4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and
(5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.
(b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.
κ2003 Statutes of Nevada, Page 436 (CHAPTER 60, SB 65)κ
organized to render a professional service relating to medicine, homeopathy and osteopathy.
(c) Mental health services, and may be composed of the following persons, in any number and in any combination:
(1) Any psychologist who is licensed to practice in this state;
(2) Any social worker who holds a masters degree in social work and who is licensed by this state as a clinical social worker;
(3) Any registered nurse who is licensed to practice professional nursing in this state and who holds a masters degree in the field of psychiatric nursing; and
(4) Any marriage and family therapist who is licensed by this state pursuant to chapter 641A of NRS.
Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to mental health services pursuant to this paragraph.
3. A professional corporation may render a professional service only through its officers and employees who are licensed or otherwise authorized by law to render the professional service.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 133Committee on Commerce and Labor
CHAPTER 61
AN ACT relating to psychiatrists; authorizing the Board of Medical Examiners to issue restricted licenses that allow certain psychiatrists to practice medicine at certain mental health centers; and providing other matters properly relating thereto.
[Approved: May 12, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who intends to practice medicine in this state as a psychiatrist in a mental health center of the Division under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.
2. A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination as to his qualifications to practice medicine pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must meet all other conditions and requirements for an unrestricted license to practice medicine pursuant to this chapter.
3. If the Board issues a restricted license pursuant to this section, the person who holds the restricted license may practice medicine in this state only as a psychiatrist in a mental health center of the Division and only under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.
κ2003 Statutes of Nevada, Page 437 (CHAPTER 61, SB 133)κ
under the direct supervision of a psychiatrist who holds an unrestricted license to practice medicine pursuant to this chapter.
4. If a person who holds a restricted license issued pursuant to this section ceases to practice medicine in this state as a psychiatrist in a mental health center of the Division:
(a) The Division shall notify the Board; and
(b) Upon receipt of such notification, the restricted license expires automatically.
5. The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.
6. Each person who holds a restricted license issued pursuant to this section and who accepts the privilege of practicing medicine in this state pursuant to the provisions of the restricted license shall be deemed to have given his consent to the revocation of the restricted license at any time by the Board for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive, or for any violation of the provisions of this section.
7. The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.
8. As used in this section:
(a) Division means the Division of Mental Health and Developmental Services of the Department of Human Resources.
(b) Mental health center has the meaning ascribed to it in NRS 433.144.
Sec. 2. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.
2. Except as otherwise provided in NRS 630.161 [or 630.164,] , 630.164 and section 1 of this act, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has received the degree of doctor of medicine from a medical school:
(1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination;
(3) All parts of the United States Medical Licensing Examination;
(4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(5) All parts of the examination to become a licentiate of the Medical Council of Canada; or
(6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determined to be sufficient;
κ2003 Statutes of Nevada, Page 438 (CHAPTER 61, SB 133)κ
(d) Has completed 36 months of progressive postgraduate:
(1) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; and
(e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b).
Sec. 3. This act becomes effective on July 1, 2003.
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Senate Bill No. 350Senator Rawson
CHAPTER 62
AN ACT relating to dentists; authorizing a dentist licensed to practice dentistry in this state who holds a medical degree to identify himself by that degree under certain circumstances; and providing other matters properly relating thereto.
[Approved: May 12, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630.020 is hereby amended to read as follows:
630.020 Practice of medicine means:
1. To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
2. To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.
3. To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics.
4. To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.
5. To use in connection with a persons name the words or letters M.D., or any other title, word, letter or other designation intended to imply or designate him as a practitioner of medicine in any of its branches, except in the manner authorized by NRS 630A.220 [.] or section 2 of this act.
Sec. 2. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
A dentist licensed pursuant to this chapter who holds a degree as a doctor of medicine and is not licensed as a physician pursuant to chapter 630 of NRS may identify himself as a doctor of medicine and use the letters M.D. or any other appropriate abbreviation if the dentist clearly identifies himself as a practitioner of dentistry.
κ2003 Statutes of Nevada, Page 439 (CHAPTER 62, SB 350)κ
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 395Committee on Commerce and Labor
CHAPTER 63
AN ACT relating to court reporters; authorizing the Certified Court Reporters Board of Nevada to place a court reporter or court reporting firm on probation or impose an administrative fine against the court reporter or court reporting firm under certain circumstances; authorizing the Board to employ an Executive Secretary on a full-time basis; expanding the circumstances under which the Board may refuse to issue or renew or suspend or revoke the certificate of a court reporter for performing certain acts; eliminating the provisions that require the holder of a certificate to place the number of his certificate on certain advertisements, solicitations, stationery and listings in telephone directories; and providing other matters properly relating thereto.
[Approved: May 12, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:
In addition to or in lieu of suspending, revoking or refusing to issue or renew the certificate of a court reporter pursuant to NRS 656.240 or 656.250 or the license of a court reporting firm pursuant to NRS 656.253, the Board may, by a majority vote:
1. Place the court reporter or court reporting firm on probation for a period not to exceed 1 year; or
2. Impose an administrative fine against the court reporter or court reporting firm in an amount not to exceed $5,000 for each violation for which the administrative fine is imposed.
Sec. 2. NRS 656.110 is hereby amended to read as follows:
656.110 1. The Board [is charged with the administration] shall administer the provisions of this chapter.
2. The Board may appoint such committees as it considers necessary or proper, and may employ, prescribe the duties of and fix the salary of an Executive Secretary who may be employed on a part-time or full-time basis, and may also employ such other persons as may be necessary.
3. All expenditures described in this section [shall] must be paid from the fees collected under this chapter.
Sec. 3. NRS 656.130 is hereby amended to read as follows:
656.130 1. The Board may [by a majority vote suspend or revoke a license or certificate for any cause specified in this chapter.
2. The Board may] issue subpoenas for the attendance of witnesses and the production of relevant books and papers.
[3.] 2. The Board may adopt such regulations as are necessary to carry out the provisions of this chapter.
κ2003 Statutes of Nevada, Page 440 (CHAPTER 63, SB 395)κ
Sec. 4. NRS 656.150 is hereby amended to read as follows:
656.150 1. Each applicant for a certificate [shall] must file an application with the Executive Secretary [or Chairman] of the Board at least 30 days before the date fixed for examination. The application must include the social security number of the applicant and be accompanied by the required fee.
2. No certificate may be issued until the applicant has passed the examination prescribed by the Board and paid the fee as provided in NRS 656.220.
Sec. 5. NRS 656.160 is hereby amended to read as follows:
656.160 1. Every person who files an application for an original certificate must personally appear before the Board for a written examination and the answering of such questions as may be prepared by the Board to enable it to determine the trustworthiness of the applicant [,] and his competency to engage in the practice of court reporting in such a manner as to safeguard the interests of the public.
2. In determining competency, the Board shall administer a written examination to determine whether the applicant has:
(a) A good understanding of the English language , including reading, spelling, vocabulary, and medical and legal terminology;
(b) Sufficient ability to report accurately any of the matters comprising the practice of court reporting consisting of material read at not less than 180 words per minute or more than 225 words per minute; and
(c) A clear understanding of the obligations [of] owed by a court reporter to the parties [to proceedings] in any reported proceedings and the obligations created by the provisions of this chapter [.] and any regulation adopted pursuant to this chapter.
Sec. 6. NRS 656.185 is hereby amended to read as follows:
656.185 1. It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which [might] may indicate to members of the public that he is entitled to conduct such a business without first obtaining a license from the Board.
2. Each applicant for a license as a court reporting firm [shall] must file an application with the Executive Secretary [or Chairman] of the Board on a form prescribed by the Board.
3. The application must:
(a) Include the social security number and federal identification number of the applicant;
(b) Be accompanied by the statement required pursuant to NRS 656.155; and
(c) Be accompanied by the required fee.
4. To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.
Sec. 7. NRS 656.250 is hereby amended to read as follows:
656.250 The Board may refuse to issue or renew or may suspend or revoke any certificate if the court reporter in performing or attempting to perform or pretending to perform any act as a court reporter has:
1. Willfully failed to take full and accurate stenographic notes of any proceedings;
2. Willfully altered any stenographic notes taken at any proceedings;
3. Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;
κ2003 Statutes of Nevada, Page 441 (CHAPTER 63, SB 395)κ
4. Willfully altered a transcript of stenographic notes taken at any proceedings;
5. Affixed his signature to any transcript of his stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by him or was prepared under his immediate supervision;
6. Demonstrated unworthiness or incompetency to act as a court reporter in such a manner as to safeguard the interests of the public;
7. Professionally associated with or loaned his name to another for the illegal practice by another of court reporting, or professionally associated with any natural person, firm, copartnership or corporation holding [himself, themselves or] itself out in any manner contrary to the provisions of this chapter;
8. Habitually been intemperate in the use of intoxicating liquor or controlled substances;
9. [Willfully] Except as otherwise provided in subsection 10, willfully violated any of the provisions of this chapter or the regulations adopted by the Board to enforce this chapter;
10. [Engaged in] Violated any regulation adopted by the Board relating to unprofessional conduct;
11. Failed within a reasonable time to provide information requested by the Board as the result of a formal or informal complaint to the Board, which would indicate a violation of this chapter; or
12. [Repeatedly failed] Failed without excuse to transcribe stenographic notes of [cases on appeal] a proceeding and file [the transcripts] a transcript of the [cases within] stenographic notes:
(a) Within the time required by law or [to transcribe or file notes of other proceedings within the time required by law or] agreed to by contract [.] ; or
(b) Within any other reasonable time required for filing the transcript.
Sec. 8. NRS 656.310 is hereby amended to read as follows:
656.310 1. Every person to whom a valid existing certificate of registration as a certified court reporter has been issued under this chapter must be designated as a certified court reporter and not otherwise, and any such registered certified court reporter may, in connection with his practice of court reporting, use the abbreviation C.C.R. No person other than the holder of a valid existing certificate of registration under this chapter may use the title or designation of certified court reporter, or C.C.R., either directly or indirectly, in connection with his profession or business.
2. Every holder of a certificate shall place the number of his certificate [on] :
(a) On the cover page and certificate page of all transcripts of proceedings ; and [on all presentments to the public, including without limitation:
(a) Advertising;
(b) Solicitations;
(c) Business cards;
(d) Stationery; and
(e) Listings in telephone directories.]
(b) On all business cards.
Sec. 9. This act becomes effective on July 1, 2003.
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